Amendments to Federal Implementation Plan for Managing Air Emissions From True Minor Sources in Indian Country in the Oil and Natural Gas Production and Natural Gas Processing Segments of the Oil and Natural Gas Sector, 33715-33721 [2019-14885]
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Federal Register / Vol. 84, No. 135 / Monday, July 15, 2019 / Proposed Rules
may lead to the discovery of a
significant environmental impact from
this proposed rule.
G. Protest Activities
1. The authority citation for part 165
continues to read as follows:
■
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
V. Public Participation and Request for
Comments
(a) Location. The following area is a
safety zone: All navigable waters of the
Patapsco River, Inner Harbor, from
shoreline to shoreline, within an area
bounded on the east by longitude
076°36′12″ W, and bounded on the west
by the Inner Harbor west bulkhead,
located at Baltimore, MD. All
coordinates refer to datum NAD 1983.
(b) Definitions. As used in this
section:
(1) Captain of the Port (COTP) means
the Commander, U.S. Coast Guard
Sector Maryland-National Capital
Region.
(2) Designated representative means
any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the Captain of the Port
Maryland-National Capital Region to
assist in enforcing the safety zone
described in paragraph (a) of this
section.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
All vessels underway within this safety
zone at the time it is activated are to
depart the zone.
(2) To seek permission to enter,
contact the COTP or the COTP’s
designated representative by telephone
at 410–576–2693 or on Marine Band
Radio VHF–FM channel 16 (156.8
MHz). The Coast Guard vessels
enforcing this section can be contacted
on Marine Band Radio VHF–FM
channel 16 (156.8 MHz).
(3) Those in the safety zone must
comply with all lawful orders or
directions given to them by the COTP or
the COTP’s designated representative.
(d) Enforcement officials. The U.S.
Coast Guard may be assisted in the
patrol and enforcement of the safety
zone by Federal, State, and local
agencies.
(e) Enforcement. This safety zone will
be enforced during the periods
described in paragraph (f) of this
section. A ‘‘FIREWORKS—DANGER—
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
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PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 165 as follows:
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2. Add § 165.T05–0571 to read as
follows:
■
§ 165.T05–0571 Safety Zone for Fireworks
Displays; Patapsco River, Inner Harbor,
Baltimore, MD.
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STAY AWAY’’ sign will be posted on
the port and starboard sides of the barge
on-scene near the location described in
paragraph (a) of this section.
(f) Enforcement periods. This section
will be enforced:
(1) From 8:30 p.m. to 10:30 p.m. on
September 21, 2019.
(2) From 11 p.m. on November 10,
2019 to 1 a.m. on November 11, 2019.
If necessary due to inclement weather
on November 10, 2019, this section will
be enforced from 11 p.m. on November
11, 2019 to 1 a.m. on November 12,
2019.
Dated: July 10, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region.
[FR Doc. 2019–14981 Filed 7–12–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 49
[EPA–HQ–OAR–2014–0606; FRL–9996–50–
OAR]
RIN 2060–AU45
Amendments to Federal
Implementation Plan for Managing Air
Emissions From True Minor Sources in
Indian Country in the Oil and Natural
Gas Production and Natural Gas
Processing Segments of the Oil and
Natural Gas Sector
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to amend the
Federal Minor New Source Review
(NSR) Program in Indian Country and
the Federal Implementation Plan (FIP)
for True Minor Sources in Indian
Country in the Oil and Natural Gas
Production and Natural Gas Processing
Segments of the Oil and Natural Gas
Sector (National O&NG FIP). The
amendment would potentially reduce,
by up to 30 days, the time between a
source owner/operator’s submission of
required Endangered Species Act (ESA)/
National Historic Preservation Act
(NHPA) screening documents and
beginning construction. Specifically, the
amendment would allow for concurrent,
rather than sequential, submission of
two sets of documents: Part 1
Registration Form (Part 1 Form) to
register applicability under the National
O&NG FIP, and documentation
supporting completed screening
procedures (screening procedures
SUMMARY:
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Federal Register / Vol. 84, No. 135 / Monday, July 15, 2019 / Proposed Rules
documentation) for the evaluation of
potential impacts of their proposed
projects on threatened or endangered
species and historic properties
(protected resources). The proposal also
seeks to further clarify the 30-day period
before construction may begin, and the
potential forms of written notification
by the EPA Regional Office to source
owner/operators. Finally, this proposal
addresses minor edits to correct
incorrect citations and cross references.
DATES: Comments. Comments must be
received on or before September 13,
2019.
Public Hearing: If anyone contacts us
requesting to speak at a public hearing
by July 30, 2019, we will hold a public
hearing. Additional information about
the hearing will be published in a
subsequent Federal Register notice.
ADDRESSES: Comments. Submit your
comments, identified by Docket ID No.
EPA–HQ–OAR–2014–0606, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (e.g., on the Web, Cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets. Certain other
material, such as copyrighted material,
will not be placed on the internet but
may be viewed, with prior arrangement,
at the EPA Docket Center. Publicly
available docket materials are available
either electronically in https://
www.regulations.gov or in hard copy at
the Air and Radiation Docket and
Information Center, EPA/DC, EPA
William Jefferson Clinton West
Building, Room 3334, 1301 Constitution
Avenue NW, Washington, DC. The
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
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Reading Room is (202) 566–1744 and
the telephone number for the Air and
Radiation Docket and Information
Center is (202) 566–1742. For additional
information about the EPA’s public
docket, visit the EPA Docket Center
homepage at: https://www.epa.gov/
epahome/dockets.htm.
Public Hearing: For information on
the public hearing, contact Ms. Pamela
Long, U.S. EPA, Office of Air Quality
Planning and Standards, Air Quality
Policy Division (C504–01), Research
Triangle Park, NC 27711; telephone
number (919) 541–0641; email address:
long.pam@epa.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions about this document,
please contact Mr. Ben Garwood, New
Source Review Group, Air Quality
Policy Division, Office of Air Quality
Planning and Standards (C504–03),
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; telephone number (919) 541–
1358; fax number (919) 541–4028; email
address: garwood.ben@epa.gov.
To request a public hearing or
information pertaining to a public
hearing on this document, contact Ms.
Pamela Long, Air Quality Policy
Division, Office of Air Quality Planning
and Standards (C504–01),
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; telephone number (919) 541–
0641; fax number (919) 541–4028; email
address: long.pam@epa.gov.
For questions about the applicability
of this action to a particular source,
please contact the appropriate EPA
region:
• EPA Region 5 (Illinois, Indiana,
Michigan, Minnesota, Ohio, and
Wisconsin)—Ms. Genevieve Damico,
Air Permits Section, Environmental
Protection Agency, Region 5, Chicago,
Illinois 60604; telephone (312) 353–
4761; fax (312) 385–5501; email address:
damico.genevieve@epa.gov.
• EPA Region 6 (Arkansas, Louisiana,
New Mexico, Oklahoma, and Texas)—
Ms. Bonnie Braganza, Air Permits
Section, Multimedia Permitting and
Planning Division, Environmental
Protection Agency Region 6, Dallas,
Texas 75202; telephone number (214)
665–7340; fax number (214) 665–6762;
email address: braganza.bonnie@
epa.gov.
• EPA Region 8 (Colorado, Montana,
North Dakota, South Dakota, Utah, and
Wyoming)—Ms. Claudia Smith, Air
Program, Mail Code 8P–AR,
Environmental Protection Agency
Region 8, Denver, Colorado 80202;
telephone number (303) 312–6520; fax
number (303) 312–6520; email address:
smith.claudia@epa.gov.
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• EPA Region 9 (Arizona, California,
Hawaii, Nevada, and Pacific Islands)—
Ms. Lisa Beckham, Permits Office, Air
Division, Air-3, Environmental
Protection Agency Region 9, San
Francisco, California 94105; telephone
number (415) 972–3811; fax number
(415) 947–3579; email address:
beckham.lisa@epa.gov.
• All other EPA regions—For further
information about minor sources in
Indian country for your EPA region,
please use to the Tribal New Source
Review Program at https://
www.epa.gov/tribal-air. Scroll down to
the heading, ‘‘Regulatory Resources,’’
and click on ‘‘Tribal Minor New Source
Review (NSR)’’ and click on ‘‘Tribal and
Permitting Programs in EPA’s Regional
Offices’’ to access the links for tribal
programs in each EPA Regional Office.
SUPPLEMENTARY INFORMATION:
Organization of This Document. The
information presented in this preamble
is organized as follows:
I. General Information
A. What entities are potentially affected by
this action?
B. What should I consider as I prepare my
comments for the EPA?
C. How can I find information about a
possible hearing?
D. Where can I ger a copy of this document
and other related information?
II. Purpose
III. Background
A. Federal Minor NSR Program in Indian
Country
B. National Oil and Natural Gas FIP
C. Source Registration Under the Federal
Minor NSR Program in Indian Country
D. Requirements Under the National O&NG
FIP Relating to Threatened or
Endangered Species and Historic
Properties
IV. Summary of Proposed Amendments—
Revision to the Registration Process
V. Environmental Justice Considerations
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act
(UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
H. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
I. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution or Use
J. National Technology Transfer and
Advancement Act (NTTAA)
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Federal Register / Vol. 84, No. 135 / Monday, July 15, 2019 / Proposed Rules
K. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
I. General Information
A. What entities are potentially affected
by this action?
Entities potentially affected by this
proposal consist of owners or operators
of facilities included in the following
source categories that are located, or
planning to locate, in an Indian
33717
reservation or in another area of Indian
country (as defined in 18 U.S.C. 1151)
over which an Indian tribe, or the EPA,
has demonstrated that the tribe has
jurisdiction where there is no EPAapproved program in place and that are
subject to the requirements of the
Federal Minor NSR Program in Indian
country.
TABLE 1—SOURCE CATEGORIES AFFECTED BY THIS ACTION
NAICS code a
Industry category
Oil and Natural Gas Production/Operations.
21111
Crude Petroleum and Natural Gas Extraction.
211111
Natural Gas Liquid Extraction ...................
211112
Drilling Oil and Natural Gas Wells ............
213111
Support Activities for Oil and Natural Gas
Operations.
213112
Engines (Spark Ignition and Compression
Ignition) for Electric Power Generation.
22111
a North
Exploration for crude petroleum and natural gas; drilling, completing, and equipping
wells; operation of separators, emulsion breakers, desilting equipment, and field
gathering lines for crude petroleum and natural gas; and all other activities in the
preparation of oil and natural gas up to the point of shipment from the producing
property.
Production of crude petroleum, the mining and extraction of oil from oil shale and
oil sands, the production of natural gas, sulfur recovery from natural gas, and the
recovery of hydrocarbon liquids from oil and natural gas field gases.
Exploration, development and/or the production of petroleum or natural gas from
wells in which the hydrocarbons will initially flow or can be produced using normal pumping techniques or production of crude petroleum from surface shales or
tar sands or from reservoirs in which the hydrocarbons are semisolids.
Recovery of liquid hydrocarbons from oil and natural gas field gases; and sulfur recovery from natural gas.
Drilling oil and natural gas wells for others on a contract or fee basis, including
spudding in, drilling in, redrilling, and directional drilling.
Performing support activities on a contract or fee basis for oil and natural gas operations (except site preparation and related construction activities) such as exploration (except geophysical surveying and mapping); excavating slush pits and
cellars, well surveying; running, cutting, and pulling casings, tubes, and rods; cementing wells, shooting wells; perforating well casings; acidizing and chemically
treating wells; and cleaning out, bailing, and swabbing wells.
Provision of electric power to support oil and natural gas production where access
to the electric grid is unavailable.
American Industry Classification System.
This list is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
potentially affected by this action. To
determine whether your facility could
be affected by this action, you should
examine the applicability criteria in the
Federal Minor NSR Program in Indian
country and the National O&NG FIP (40
CFR 49.153 and 49.101, respectively). If
you have any questions regarding the
applicability of this action to a
particular entity, contact the appropriate
person listed in the FOR FURTHER
INFORMATION CONTACT section.
B. What should I consider as I prepare
my comments for the EPA?
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Examples of regulated entities/description of industry category
When submitting comments,
remember to:
Identify the rulemaking docket by
docket number and other identifying
information (subject heading, Federal
Register date and page number).
Follow directions. The proposed rule
may ask you to respond to specific
questions or organize comments by
referencing a Code of Federal
Regulations (CFR) part or section
number.
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Explain why you agree or disagree,
suggest alternatives and substitute
language for your requested changes.
Describe any assumptions and
provide any technical information and/
or data that you used to support your
comment.
If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
Provide specific examples to illustrate
your concerns wherever possible, and
suggest alternatives.
• Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
• Make sure to submit your
comments by the comment period
deadline identified.
Submitting CBI. Do not submit
information containing CBI to the EPA
through https://www.regulations.gov or
email. Clearly mark the part or all of the
information that you claim to be CBI.
For CBI information on any digital
storage media that you mail to the EPA,
mark the outside of the digital storage
media as CBI and then identify
electronically within the digital storage
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media the specific information that is
claimed as CBI. In addition to one
complete version of the comments that
includes information claimed as CBI,
you must submit a copy of the
comments that does not contain the
information claimed as CBI for
inclusion in the public docket. If you
submit any digital storage media that
does not contain CBI, mark the outside
of the digital storage media clearly that
it does not contain CBI. Information not
marked as CBI will be included in the
public docket and the EPA’s electronic
public docket without prior notice.
Information marked as CBI will not be
disclosed except in accordance with
procedures set forth in 40 Code of
Federal Regulations (CFR) Part 2. Send
or deliver information identified as CBI
only to the following address: OAQPS
Document Control Officer (C404–02),
OAQPS, U.S. Environmental Protection
Agency, Research Triangle Park, North
Carolina 27711, Attention Docket ID No.
EPA–HQ–OAR–2014–0606.
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C. How can I find information about a
possible hearing?
To request a public hearing or
information pertaining to a public
hearing regarding this document,
contact Mrs. Pam Long, OAQPS, U.S.
EPA, at (919) 5410641 or long.pam@
epa.gov on or before July 30, 2019.
Additional information about the
hearing, if one is requested, will be
published in a subsequent Federal
Register document.
D. Where can I get a copy of this
document and other related
information?
In addition to being available in the
docket, an electronic copy of this
Federal Register document will be
posted at https://www.epa.gov/nsr and
on the tribal NSR page at https://
www.epa.gov/tribal-air/tribal-minornew-source-review.
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II. Purpose
The EPA proposes to amend the
National O&NG FIP 1 to allow owners or
operators of true minor sources to
concurrently submit to the EPA
Regional Office their Part 1 Form
together with screening procedures
documentation for the evaluation of
potential impacts of their proposed
projects on protected resources. The
EPA Regional Office will approve the
screening procedures documentation
with the Part 1 Form prior to
construction or modification of the
proposed new and/or modified minor
NSR source. We are also proposing to
clarify that written notification by the
EPA Regional Office may include email
in addition to the standard letter, and
when construction may begin after a
Part 1 Form is submitted. Therefore, the
EPA anticipates this proposal to allow
contemporaneous submission of the
screening procedures documentation
and the Part I Form, and if finalized,
will streamline the authorization of
construction of minor oil and natural
gas sources under the FIP. The EPA is
also proposing to make a minor
clarification to the Federal Minor NSR
program in Indian country, specifically
40 CFR 49.160(c)(1)(iv), to clarify that
the Part 1 Registration Form need not be
submitted exactly 30 days before
beginning construction, but rather at
least 30 days before beginning
construction. The EPA does not
anticipate the proposed rule changes
will result in any increase in
environmental impact(s) or cost
increase(s) for reviewing authorities or
the regulated community.
1 40
CFR 49.101–49.105.
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III. Background
A. Federal Minor NSR Program in
Indian Country
In July 2011, the EPA exercised its
authority under the CAA and the related
regulations, including the authority
under CAA section 301(d)(4), to
promulgate the Federal Minor NSR
Program in Indian country, a type of
FIP, which was part of a larger
rulemaking referred to as ‘‘Review of
New Sources and Modifications in
Indian Country.’’ 2 That action was
initiated to address potential adverse
impacts to air quality due to the lack of
approved minor NSR permit programs
to regulate construction of new and/or
modified minor sources and minor
modifications of major sources in much
of Indian country. The EPA
promulgated the Federal Minor NSR
Program, in part, to ensure that air
resources are protected by establishing a
preconstruction permitting program to
regulate emission increases resulting
from construction and modification
activities that were not already
regulated by the major NSR permitting
programs.
B. National O&NG FIP
The EPA issued the final National
O&NG FIP on June 3, 2016.3 The
National O&NG FIP was developed to
protect air quality in Indian country due
to the impact of new true minor sources
and minor modifications at existing true
minor sources in the oil and natural gas
production and natural gas processing
segments of the oil and natural gas
sector that are locating or expanding in
an Indian reservation or in another area
of Indian country over which a tribe, or
the EPA, has demonstrated that the tribe
has jurisdiction. Accordingly, the FIP
adopted legally and practicably
enforceable requirements to control and
reduce air emissions from oil and
natural gas production activities. The
FIP applies to new and modified true
minor sources in such areas of Indian
country designated as attainment,
unclassifiable or attainment/
unclassifiable. (Note, on May 2, 2019,
the EPA Administrator signed a final
rule extending the geographic coverage
of the National O&NG FIP to the Indian
country portion of the Uinta Basin
of New Sources and Modifications in
Indian Country,’’ U.S. Environmental Protection
Agency, 76 FR 38748, July 1, 2011, https://
www.gpo.gov/fdsys/pkg/FR-2011-07-01/pdf/201114981.pdf.
3 See 81 FR 35943, 35946, June 3, 2016, https://
www.gpo.gov/fdsys/pkg/FR-2016-06-03/pdf/201611969.pdf.
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Ozone Nonattainment Area (i.e., the
Uintah and Ouray Reservation).4)
The National O&NG FIP uses a
streamlined ‘‘authorization to
construct’’ approach for oil and natural
gas sources to fulfill the EPA’s
obligation under the Federal Minor NSR
Program in Indian country to issue
minor source NSR pre-construction
permits. True minor sources in the oil
and natural gas production and natural
gas processing segments of the oil and
natural gas sector are required to
comply with the FIP, unless they opt
out of the FIP to obtain a site-specific
permit or are otherwise required to do
so.
C. Source Registration Under the
Federal Minor NSR Program in Indian
Country
The source registration requirements
for true minor sources in Indian country
are set out at 40 CFR 49.151 and
49.160.5 Sources complying with the
National O&NG FIP must submit the
Part 1 Form, containing specified
information, at least 30 days prior to
beginning construction. 40 CFR
49.160(c)(1)(iv). Such sources must also
submit the Part 2 Registration Form
within 60 days after the startup of
production, and both parts of the
Registration Form, in combination,
satisfy the registration requirement. Id.
D. Requirements Under the National
O&NG FIP Relating to Threatened or
Endangered Species and Historic
Properties
In addition to the registration
requirements, sources complying with
the National O&NG FIP must fulfill
requirements concerning potential
impacts to protected resources. Under
40 CFR 49.104, these requirements
generally may be satisfied in one of two
ways, which, presently, may have
different consequences relating to the
submission of the Part 1 Form and
beginning construction:
(1) Where an agency other than the
EPA (e.g., the Bureau of Land
Management) has already evaluated the
potential impacts of the specific oil and
gas activity on protected resources, the
source may submit appropriate
documentation of the other federal
agency’s protected resources review. In
that case, the appropriate
4 ‘‘Amendments to Federal Implementation Plan
for Managing Air Emissions From True Minor
Sources in Indian Country in the Oil and Natural
Gas Production and Natural Gas Processing
Segments of the Oil and Natural Gas Sector,’’ U.S.
Environmental Proection Agency, 84 FR 21240,
May 14, 2019, https://www.govinfo.gov/content/
pkg/FR-2019-05-14/pdf/2019-09829.pdf.
5 See also 40 CFR 49.151(c).
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documentation of protected resources
review should be submitted with the
Part 1 Form, and the source may begin
construction no sooner than thirty days
later.
(2) Where an assessment related to
protected resources has not already been
conducted by another agency, the owner
or operator must follow a set of
screening procedures to assess potential
impacts on protected resources and
receive approval of that assessment by
the EPA Regional Office. In that
instance, the EPA’s confirmation that
the source has satisfactorily completed
the procedures must occur prior to the
source’s submittal of its Part 1 Form
pursuant to 40 CFR 49.160(c)(1)(iv) and
40 CFR 49.104(a)(2). The EPA Regional
Office has up to 30 days before it must
either approve the screening procedures
documentation or notify the owner/
operator by letter that additional
information is required. 40 CFR
49.104(a)(2)(i). As a practical matter,
this means that, after submitting
screening procedure documentation, the
source must wait at least 30 days before
being able to submit its Part 1 Form, and
then wait an additional 30 days before
it can begin construction.6
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IV. Summary of Proposed
Amendments—Revisions to the
Registration Process
As noted in Section III.D. of this
document, in certain cases, submission
of documentation of completion of the
screening procedures, and the EPA’s
confirmation of satisfactory completion
of the procedures, must occur prior to
the source’s submittal of its Part 1 Form.
And, upon submittal of the Part 1 Form,
the source must wait an additional 30
6 On August 2, 2016, after the EPA issued the
National O&NG FIP, the American Petroleum
Institute (API) petitioned the Administrator to
revise the FIP. Letter from Howard J. Feldman, API,
to Gina McCarthy, EPA Administrator, August 2,
2016. Docket ID EPA–HQ–OAR–2014–0606. On
August 2, 2016, API also petitioned for judicial
review of the National O&NG FIP, No. 16–1271
(D.C. Circuit). More recently, on September 24,
2018, API sent EPA another inquiry and request
relating to the National O&NG FIP. Letter from Matt
Todd, API to Peter Tsirigotis, Director, EPA Office
of Air Quality Planning and Standards, September
24, 2018. Docket ID EPA–HQ–OAR–2014–0606.
Among the concerns raised by API were concerns
relating to possible construction delays associated
with the process under the National O&NG FIP for
submission of the Part 1 Form. On November 27,
2018, the EPA responded to some of the issues
raised by API and indicated, in part, that it was
open to consideration of possible changes to the
process relating to submission of the Part 1 Form.
Letter from Jenny Edmonds, Acting Director,
Outreach and Information Division, the EPA Office
of Air Quality Planning and Standards, to Matt
Todd, American Petroleum Institute, November 27,
2018. Docket ID EPA–HQ–OAR–2014–0606. This
proposal, in part, responds to API’s concerns and
seeks comment on possible limited changes to the
existing Part 1 Form submission process.
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days before beginning construction. We
believe it is reasonable, instead, to allow
the owner or operator to submit the Part
1 Form together with the screening
procedures documentation, rather than
after the EPA Regional Office approval
of the screening procedures
documentation, possibly expediting the
preconstruction permitting process.
This approach would still afford at least
a 30-day notification period before
construction begins (similar to the
process for sources relying on
documentation of another federal
agency’s completion of protected
resources evaluation under 40 CFR
49.104(a)(1)). In addition, the EPA
Regional Office still has the
responsibility to determine the
adequacy of the screening procedures
documentation, and if not adequate, the
source may not begin construction.
Accordingly, we propose to amend
the National O&NG FIP to authorize
sources to submit Part 1 Forms
concurrent with screening procedures
documentation. We also propose to
clarify that sources may begin
construction under this FIP if two
conditions have been met: (1) At least
30 days have passed from the date the
Part 1 Form was submitted, and (2) the
EPA Regional Office has provided
notification that the screening
procedures have been satisfactorily
completed. So, a hypothetical timeline
under this proposal would be:
• On day 1, a source would submit its
Part 1 Form and screening procedures
documentation;
• On day 15, the EPA could notify the
source that it has satisfactorily
completed the screening procedures;
• On day 31, the source could begin
construction.
In another hypothetical timeline
illustration under this proposal:
• On day 1, a source would submit its
Part 1 Form and screening procedures
documentation;
• On day 29, the EPA could notify the
source that additional documentation is
required and specify that it must be
submitted within 15 days.
• If the owner or operator timely
submits sufficient documentation, the
date that construction may begin must
shift to the date when the EPA
subsequently notifies the owner or
operator that the screening procedures
have been satisfactorily completed,
which would extend more than 30 days
after submitting the Part 1 Form.
We also propose to make three
additional, minor changes to related
regulatory text. First, the rule currently
specifically provides that the EPA
Regional Office will provide notice of
satisfactory completion of the screening
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33719
procedures (or a determination that the
documentation is not adequate) by letter
to the owner or operator, as noted in 40
CFR 49.104(a)(2)(i). The EPA did not
and does not intend that the notice be
in the form of a letter sent via the
United States Postal Service. The EPA
proposes to clarify that the EPA
Regional Office give written notification
approving screening procedure
documentation, which need not
necessarily be in the form or manner of
a traditional ‘‘letter,’’ but could, for
example, be in an electronic format and
transmitted via email (e.g. a signed .pdf
document).
Second, to address potential
confusion, we also propose to amend 40
CFR 49.160(c)(1)(iv) to clarify that the
Part I Form need not be submitted
exactly 30 days before beginning
construction, but must be submitted at
least 30 days before beginning
construction.
Lastly, we take this opportunity to
propose to make a technical correction
to 40 CFR 49.104(a) to resolve a
typographical or scrivener’s error and
correct a reference to non-existent
subsection (c)(1) or (2) of 40 CFR 49.
V. Environmental Justice
Considerations
This action seeks to revise existing
rules to further streamline the preconstruction process for true minor
sources in the oil and natural gas sector
in areas covered by the Federal Minor
NSR Program in Indian country. It does
not remove any of the prior rules’
environmental or procedural
protections. Therefore, the EPA believes
that this action will not have potential
disproportionately high and adverse
human health or environmental effects
on minority, low-income, or indigenous
populations.
VI. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was, therefore, not
submitted to the Office of Management
and Budget (OMB) for review.
B. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
This action is expected to be an
Executive Order 13771 deregulatory
action. This proposed rule is expected
to provide burden reduction by
reducing the waiting time before certain
true minor new and modified oil and
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Federal Register / Vol. 84, No. 135 / Monday, July 15, 2019 / Proposed Rules
natural gas sources can begin
construction. This streamlined
authorization reduces the resource
burden on the permitting authority and
regulated community associated with
submitting and reviewing permit
applications for these sources in
attainment and unclassifiable areas.
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C. Paperwork Reduction Act (PRA)
This action does not impose any new
information collection burden under the
PRA. OMB has previously approved the
information collection activities
contained in the Federal Minor NSR
Program in Indian country rule and has
assigned OMB control number 2060–
0003.7 This action amends the National
O&NG FIP which provides a mechanism
for authorizing construction for true
minor sources in the oil and natural gas
production and natural gas processing
segments of the oil and natural gas
sector locating or located in areas
covered by the Federal Minor NSR
Program in Indian country to satisfy the
requirements of that rule other than by
obtaining a site-specific minor source
permit. Because it substitutes for a sitespecific permit, which would contain
information collection activities covered
by the Information Collection Request
for Federal Minor NSR Program in
Indian country rule issued in July 2011,
neither the proposed amendments nor
the National O&NG FIP impose any new
obligations or new enforceable duties on
any state, local or tribal government or
the private sector.
have a significant economic impact on
a substantial number of small entities.
This action merely modifies the timing
to allow a submission of required
documentation at an earlier point in the
regulatory process. We have, therefore,
concluded that this action will have no
net regulatory burden for all directly
regulated small entities.
E. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandates, as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. The action imposes no
enforceable duty on any state, local or
tribal government or the private sector.
In material part, it simply modifies the
permissible time-frame for submission
of otherwise required forms to
streamline the National O&NG FIP and
Federal Minor NSR Program in Indian
country.
F. Executive Order 13132: Federalism
This action does not have federalism
implications. It would not have
substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. In making this
determination, the impact of concern is
any significant adverse economic
impact on small entities. An agency may
certify that a rule will not have a
significant economic impact on a
substantial number of small entities if
the rule relieves regulatory burden, has
no net burden or otherwise has a
positive economic effect on the small
entities subject to the rule. The EPA
analyzed the impact on small entities of
streamlined permitting under the
National O&G FIP and the Federal
Minor NSR Program in Indian country
rule 8 and determined that it would not
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action has tribal implications.
However, it will neither impose
substantial direct compliance costs on
federally recognized tribal governments,
nor preempt tribal law. Consistent with
the EPA Policy on Consultation and
Coordination with Indian Tribes (May 4,
2011),9 the EPA offered consultation on
this proposed action. The EPA
conducted outreach on issues related to
the Federal Minor NSR Program in
Indian country and the National O&NG
FIP via ongoing monthly meetings with
tribal environmental professionals.10
As this amendment, if finalized, is
implemented, we will continue to
provide regular outreach to tribes to
ensure we address issues concerning the
FIP if and when they arise. The EPA is
available for consultation with any
interested tribe.
7 Since the Federal Minor NSR Program in Indian
country rule was promulgated, the Information
Collection Request (ICR) has been renewed and
approved by OMB twice. The most recent approval
extended the ICR until October 31, 2020. The ICR
covers the activities of the National O&NG FIP. For
more information, go to: https://www.reginfo.gov/
public/do/PRAViewICR?ref_nbr=201702-2060-005.
8 ‘‘Review of New Sources and Modifications in
Indian Country,’’ U.S. Environmental Protection
Agency, 76 FR 38748, July 1, 2011, https://
www.federalregister.gov/articles/2011/07/01/201114981/review-of-new-sources-and-modifications-inindian-country.
9 For more information, go to: https://
www.epa.gov/tribal/epa-policy-consultation-andcoordination-indian-tribes.
10 These monthly meetings are general in nature,
dealing with many air-related topics, and are not
specific to this proposed action.
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H. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
This action is not subject to Executive
Order 13045 because it is not
economically significant as defined in
Executive Order 12866, and because the
EPA does not believe the environmental
health or safety risks addressed by this
action present a disproportionate risk to
children.
I. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
J. National Technology Transfer and
Advancement Act (NTTAA)
This action does not involve technical
standards.
K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes this action does not
have potential disproportionately high
and adverse human health or
environmental effects on minority, lowincome or indigenous populations.
Through this amendment, we seek to
further streamline the process for true
minor sources in the oil and natural gas
sector in areas covered by the Federal
Minor NSR Program in Indian country.
This action does not remove any of the
prior rules’ environmental or procedural
protections.
List of Subjects in 40 CFR Part 49
Environmental protection,
Administrative practices and
procedures, Air pollution control,
Indians, Indians-law, Indians-tribal
government, Intergovernmental
relations, Reporting and recordkeeping
requirements.
Dated: July 3, 2019.
Andrew R. Wheeler,
Administrator.
For the reasons set forth in the
preamble, 40 CFR part 49 is proposed to
be amended as follows:
PART 49—INDIAN COUNTRY: AIR
QUALITY PLANNING AND
MANAGEMENT
1. The authority citation for part 49
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
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Federal Register / Vol. 84, No. 135 / Monday, July 15, 2019 / Proposed Rules
Subpart C—General Federal
Implementation Plan Provisions
2. Amend § 49.104 by:
a. Revising paragraph (a) introductory
text;
■ b. Revising paragraph (a)(2)
introductory text;
■ c. Revising paragraph (a)(2)(i)
introductory text;
■ d. Revising paragraph (a)(2)(i)(B); and
■ e. Revising paragraph (a)(2)(ii).
The revisions read as follows:
■
■
khammond on DSKBBV9HB2PROD with PROPOSALS
§ 49.104 Requirements regarding
threatened or endangered species and
historic properties.
(a) What are sources required to do to
address threatened or endangered
species and historic properties? An
owner/operator subject to the
requirements contained in §§ 49.101
through 49.105 to satisfy its obligation
under § 49.151(c)(1)(iii)(B) to obtain a
minor NSR permit shall meet either
paragraph (a)(1) or (2) of this section, as
appropriate.
(1) * * *
(2) Screening procedures completed
by the owner/operator. The owner/
operator shall submit to the EPA
Regional Office (and to the relevant tribe
for the area where the source is located/
locating) documentation demonstrating
that it has completed the required
screening procedures specified for
consideration of threatened or
endangered species and historic
properties and received written
confirmation from the EPA stating that
the owner/operator has satisfactorily
completed these procedures prior to
beginning construction of a new true
minor source or minor modification of
a true minor source. The completed
screening procedures may be submitted
together with the source’s Part 1
Registration Form pursuant to
§ 49.160(c)(1)(iv). (The procedures are
contained in the following document:
‘‘Procedures to Address Threatened and
Endangered Species and Historic
Properties for the Federal
Implementation Plan for Managing Air
Emissions from True Minor Sources in
Indian Country in the Oil and Natural
Gas Production and Natural Gas
Processing Segments of the Oil and
Natural Gas Sector,’’ https://
www.epa.gov/tribal-air/tribal-minornew-source-review). Review of your
submittal will be conducted by the EPA
Regional Office in accordance with the
procedure in paragraphs (a)(2)(i) and (ii)
of this section:
(i) Within 30 days of receipt of your
documentation, by written notification
to you, the EPA Regional Office must
provide one of the following
determinations:
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(A) * * *
(B) The documentation is not
adequate, and additional information is
needed. If the initial submittal is
deficient, the EPA Regional Office will
note any such deficiencies and may
offer further direction on completing the
screening procedures. Once you have
addressed the noted deficiencies, you
must resubmit your revised screening
procedure documentation for review.
An additional 15-day review
notification period will be used for the
EPA Regional Office to determine
whether the listed species and/or
historic property screening procedures
have been satisfied. If the EPA Regional
Office makes such a determination, they
will send you written notification
stating that conclusion.
(ii) You must obtain written
notification from the EPA Regional
Office indicating that the source has
adequately completed the screening
procedures. The EPA Regional Office
may send written notification by mail,
email, or any other written means of
notification. You may not begin
construction under this FIP until the
following two conditions are met: (1) At
least 30 days has passed from the date
the Part 1 Registration Form was
submitted, and (2) the EPA Regional
Office has provided this notification.
*
*
*
*
*
■ 3. Amend § 49.160 by revising
paragraph (c)(1)(iv) to read as follows:
§ 49.160 Federal Minor New Source
Review in Indian Country.
*
*
*
*
*
(c) * * *
(1) * * *
(iv) Minor sources complying with
§§ 49.101 through 49.105 for the oil and
natural gas production and natural gas
processing segments of the oil and
natural gas sector, as defined in
§ 49.102, must submit the Part 1
Registration Form, at least 30 days prior
to beginning construction, that contains
the information in paragraph (c)(2) of
this section. The Part 2 Registration
Form, including emissions information,
must be submitted within 60 days after
the startup of production as defined in
§ 49.152(d). The source must determine
the potential for emissions within 30
days after startup of production. The
combination of the Part 1 and Part 2
Registration Forms submittals satisfies
the requirements in paragraph (c)(2) of
this section. The forms are submitted to
the EPA instead of the application form
required in paragraph (c)(1)(iii) of this
section. The forms are available at:
https://www.epa.gov/tribal-air/tribal-
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33721
minor-new-source-review or from the
EPA Regional Offices.
*
*
*
*
*
[FR Doc. 2019–14885 Filed 7–12–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1983–0002; FRL–9996–
41–Region 6]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; reopening of the
comment period.
AGENCY:
The Environmental Protection
Agency (EPA) is reopening the comment
period for a proposed rule published on
July 31, 2018. In the July 31, 2018 notice
of proposed rulemaking, EPA proposed
to delete portions of the South Valley
Superfund Site from the National
Priorities List. EPA is reopening the
comment period subsequent to a
meeting requested by commenters to
discuss the partial deletion activities.
All comments submitted from the July
31, 2018, initiation of the original
comment period will be accepted.
DATES: The comment period for the
proposed rule published on July 31,
2018 (83 FR 36838) is reopened.
Comments must be received by August
14, 2019. All comments received will be
entered into the public record and
considered by EPA before taking final
action on the proposed rule.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–1983–0002, by one of the
following methods:
• https://www.regulations.gov. Follow
the online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
SUMMARY:
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Agencies
[Federal Register Volume 84, Number 135 (Monday, July 15, 2019)]
[Proposed Rules]
[Pages 33715-33721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14885]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 49
[EPA-HQ-OAR-2014-0606; FRL-9996-50-OAR]
RIN 2060-AU45
Amendments to Federal Implementation Plan for Managing Air
Emissions From True Minor Sources in Indian Country in the Oil and
Natural Gas Production and Natural Gas Processing Segments of the Oil
and Natural Gas Sector
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
amend the Federal Minor New Source Review (NSR) Program in Indian
Country and the Federal Implementation Plan (FIP) for True Minor
Sources in Indian Country in the Oil and Natural Gas Production and
Natural Gas Processing Segments of the Oil and Natural Gas Sector
(National O&NG FIP). The amendment would potentially reduce, by up to
30 days, the time between a source owner/operator's submission of
required Endangered Species Act (ESA)/National Historic Preservation
Act (NHPA) screening documents and beginning construction.
Specifically, the amendment would allow for concurrent, rather than
sequential, submission of two sets of documents: Part 1 Registration
Form (Part 1 Form) to register applicability under the National O&NG
FIP, and documentation supporting completed screening procedures
(screening procedures
[[Page 33716]]
documentation) for the evaluation of potential impacts of their
proposed projects on threatened or endangered species and historic
properties (protected resources). The proposal also seeks to further
clarify the 30-day period before construction may begin, and the
potential forms of written notification by the EPA Regional Office to
source owner/operators. Finally, this proposal addresses minor edits to
correct incorrect citations and cross references.
DATES: Comments. Comments must be received on or before September 13,
2019.
Public Hearing: If anyone contacts us requesting to speak at a
public hearing by July 30, 2019, we will hold a public hearing.
Additional information about the hearing will be published in a
subsequent Federal Register notice.
ADDRESSES: Comments. Submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2014-0606, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (e.g., on the Web, Cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets. Certain other material,
such as copyrighted material, will not be placed on the internet but
may be viewed, with prior arrangement, at the EPA Docket Center.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or in hard copy at the Air and Radiation
Docket and Information Center, EPA/DC, EPA William Jefferson Clinton
West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC.
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is (202) 566-1744 and the telephone number for the
Air and Radiation Docket and Information Center is (202) 566-1742. For
additional information about the EPA's public docket, visit the EPA
Docket Center homepage at: https://www.epa.gov/epahome/dockets.htm.
Public Hearing: For information on the public hearing, contact Ms.
Pamela Long, U.S. EPA, Office of Air Quality Planning and Standards,
Air Quality Policy Division (C504-01), Research Triangle Park, NC
27711; telephone number (919) 541-0641; email address:
[email protected].
FOR FURTHER INFORMATION CONTACT: For general questions about this
document, please contact Mr. Ben Garwood, New Source Review Group, Air
Quality Policy Division, Office of Air Quality Planning and Standards
(C504-03), Environmental Protection Agency, Research Triangle Park,
North Carolina 27711; telephone number (919) 541-1358; fax number (919)
541-4028; email address: [email protected].
To request a public hearing or information pertaining to a public
hearing on this document, contact Ms. Pamela Long, Air Quality Policy
Division, Office of Air Quality Planning and Standards (C504-01),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number (919) 541-0641; fax number (919) 541-4028;
email address: [email protected].
For questions about the applicability of this action to a
particular source, please contact the appropriate EPA region:
EPA Region 5 (Illinois, Indiana, Michigan, Minnesota,
Ohio, and Wisconsin)--Ms. Genevieve Damico, Air Permits Section,
Environmental Protection Agency, Region 5, Chicago, Illinois 60604;
telephone (312) 353-4761; fax (312) 385-5501; email address:
[email protected].
EPA Region 6 (Arkansas, Louisiana, New Mexico, Oklahoma,
and Texas)--Ms. Bonnie Braganza, Air Permits Section, Multimedia
Permitting and Planning Division, Environmental Protection Agency
Region 6, Dallas, Texas 75202; telephone number (214) 665-7340; fax
number (214) 665-6762; email address: [email protected].
EPA Region 8 (Colorado, Montana, North Dakota, South
Dakota, Utah, and Wyoming)--Ms. Claudia Smith, Air Program, Mail Code
8P-AR, Environmental Protection Agency Region 8, Denver, Colorado
80202; telephone number (303) 312-6520; fax number (303) 312-6520;
email address: [email protected].
EPA Region 9 (Arizona, California, Hawaii, Nevada, and
Pacific Islands)--Ms. Lisa Beckham, Permits Office, Air Division, Air-
3, Environmental Protection Agency Region 9, San Francisco, California
94105; telephone number (415) 972-3811; fax number (415) 947-3579;
email address: [email protected].
All other EPA regions--For further information about minor
sources in Indian country for your EPA region, please use to the Tribal
New Source Review Program at https://www.epa.gov/tribal-air. Scroll
down to the heading, ``Regulatory Resources,'' and click on ``Tribal
Minor New Source Review (NSR)'' and click on ``Tribal and Permitting
Programs in EPA's Regional Offices'' to access the links for tribal
programs in each EPA Regional Office.
SUPPLEMENTARY INFORMATION: Organization of This Document. The
information presented in this preamble is organized as follows:
I. General Information
A. What entities are potentially affected by this action?
B. What should I consider as I prepare my comments for the EPA?
C. How can I find information about a possible hearing?
D. Where can I ger a copy of this document and other related
information?
II. Purpose
III. Background
A. Federal Minor NSR Program in Indian Country
B. National Oil and Natural Gas FIP
C. Source Registration Under the Federal Minor NSR Program in
Indian Country
D. Requirements Under the National O&NG FIP Relating to
Threatened or Endangered Species and Historic Properties
IV. Summary of Proposed Amendments--Revision to the Registration
Process
V. Environmental Justice Considerations
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act (UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
J. National Technology Transfer and Advancement Act (NTTAA)
[[Page 33717]]
K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
I. General Information
A. What entities are potentially affected by this action?
Entities potentially affected by this proposal consist of owners or
operators of facilities included in the following source categories
that are located, or planning to locate, in an Indian reservation or in
another area of Indian country (as defined in 18 U.S.C. 1151) over
which an Indian tribe, or the EPA, has demonstrated that the tribe has
jurisdiction where there is no EPA-approved program in place and that
are subject to the requirements of the Federal Minor NSR Program in
Indian country.
Table 1--Source Categories Affected by This Action
------------------------------------------------------------------------
Examples of regulated
Industry category NAICS code \a\ entities/description of
industry category
------------------------------------------------------------------------
Oil and Natural Gas Production/ 21111 Exploration for crude
Operations. petroleum and natural
gas; drilling,
completing, and
equipping wells;
operation of
separators, emulsion
breakers, desilting
equipment, and field
gathering lines for
crude petroleum and
natural gas; and all
other activities in
the preparation of oil
and natural gas up to
the point of shipment
from the producing
property.
Production of crude
petroleum, the mining
and extraction of oil
from oil shale and oil
sands, the production
of natural gas, sulfur
recovery from natural
gas, and the recovery
of hydrocarbon liquids
from oil and natural
gas field gases.
Crude Petroleum and Natural Gas 211111 Exploration,
Extraction. development and/or the
production of
petroleum or natural
gas from wells in
which the hydrocarbons
will initially flow or
can be produced using
normal pumping
techniques or
production of crude
petroleum from surface
shales or tar sands or
from reservoirs in
which the hydrocarbons
are semisolids.
Natural Gas Liquid Extraction.. 211112 Recovery of liquid
hydrocarbons from oil
and natural gas field
gases; and sulfur
recovery from natural
gas.
Drilling Oil and Natural Gas 213111 Drilling oil and
Wells. natural gas wells for
others on a contract
or fee basis,
including spudding in,
drilling in,
redrilling, and
directional drilling.
Support Activities for Oil and 213112 Performing support
Natural Gas Operations. activities on a
contract or fee basis
for oil and natural
gas operations (except
site preparation and
related construction
activities) such as
exploration (except
geophysical surveying
and mapping);
excavating slush pits
and cellars, well
surveying; running,
cutting, and pulling
casings, tubes, and
rods; cementing wells,
shooting wells;
perforating well
casings; acidizing and
chemically treating
wells; and cleaning
out, bailing, and
swabbing wells.
Engines (Spark Ignition and 22111 Provision of electric
Compression Ignition) for power to support oil
Electric Power Generation. and natural gas
production where
access to the electric
grid is unavailable.
------------------------------------------------------------------------
\a\ North American Industry Classification System.
This list is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be potentially affected
by this action. To determine whether your facility could be affected by
this action, you should examine the applicability criteria in the
Federal Minor NSR Program in Indian country and the National O&NG FIP
(40 CFR 49.153 and 49.101, respectively). If you have any questions
regarding the applicability of this action to a particular entity,
contact the appropriate person listed in the FOR FURTHER INFORMATION
CONTACT section.
B. What should I consider as I prepare my comments for the EPA?
When submitting comments, remember to:
Identify the rulemaking docket by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions. The proposed rule may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree, suggest alternatives and
substitute language for your requested changes.
Describe any assumptions and provide any technical information and/
or data that you used to support your comment.
If you estimate potential costs or burdens, explain how you arrived
at your estimate in sufficient detail to allow for it to be reproduced.
Provide specific examples to illustrate your concerns wherever
possible, and suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
Submitting CBI. Do not submit information containing CBI to the EPA
through https://www.regulations.gov or email. Clearly mark the part or
all of the information that you claim to be CBI. For CBI information on
any digital storage media that you mail to the EPA, mark the outside of
the digital storage media as CBI and then identify electronically
within the digital storage media the specific information that is
claimed as CBI. In addition to one complete version of the comments
that includes information claimed as CBI, you must submit a copy of the
comments that does not contain the information claimed as CBI for
inclusion in the public docket. If you submit any digital storage media
that does not contain CBI, mark the outside of the digital storage
media clearly that it does not contain CBI. Information not marked as
CBI will be included in the public docket and the EPA's electronic
public docket without prior notice. Information marked as CBI will not
be disclosed except in accordance with procedures set forth in 40 Code
of Federal Regulations (CFR) Part 2. Send or deliver information
identified as CBI only to the following address: OAQPS Document Control
Officer (C404-02), OAQPS, U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina 27711, Attention Docket ID No.
EPA-HQ-OAR-2014-0606.
[[Page 33718]]
C. How can I find information about a possible hearing?
To request a public hearing or information pertaining to a public
hearing regarding this document, contact Mrs. Pam Long, OAQPS, U.S.
EPA, at (919) 5410641 or [email protected] on or before July 30, 2019.
Additional information about the hearing, if one is requested, will be
published in a subsequent Federal Register document.
D. Where can I get a copy of this document and other related
information?
In addition to being available in the docket, an electronic copy of
this Federal Register document will be posted at https://www.epa.gov/nsr and on the tribal NSR page at https://www.epa.gov/tribal-air/tribal-minor-new-source-review.
II. Purpose
The EPA proposes to amend the National O&NG FIP \1\ to allow owners
or operators of true minor sources to concurrently submit to the EPA
Regional Office their Part 1 Form together with screening procedures
documentation for the evaluation of potential impacts of their proposed
projects on protected resources. The EPA Regional Office will approve
the screening procedures documentation with the Part 1 Form prior to
construction or modification of the proposed new and/or modified minor
NSR source. We are also proposing to clarify that written notification
by the EPA Regional Office may include email in addition to the
standard letter, and when construction may begin after a Part 1 Form is
submitted. Therefore, the EPA anticipates this proposal to allow
contemporaneous submission of the screening procedures documentation
and the Part I Form, and if finalized, will streamline the
authorization of construction of minor oil and natural gas sources
under the FIP. The EPA is also proposing to make a minor clarification
to the Federal Minor NSR program in Indian country, specifically 40 CFR
49.160(c)(1)(iv), to clarify that the Part 1 Registration Form need not
be submitted exactly 30 days before beginning construction, but rather
at least 30 days before beginning construction. The EPA does not
anticipate the proposed rule changes will result in any increase in
environmental impact(s) or cost increase(s) for reviewing authorities
or the regulated community.
---------------------------------------------------------------------------
\1\ 40 CFR 49.101-49.105.
---------------------------------------------------------------------------
III. Background
A. Federal Minor NSR Program in Indian Country
In July 2011, the EPA exercised its authority under the CAA and the
related regulations, including the authority under CAA section
301(d)(4), to promulgate the Federal Minor NSR Program in Indian
country, a type of FIP, which was part of a larger rulemaking referred
to as ``Review of New Sources and Modifications in Indian Country.''
\2\ That action was initiated to address potential adverse impacts to
air quality due to the lack of approved minor NSR permit programs to
regulate construction of new and/or modified minor sources and minor
modifications of major sources in much of Indian country. The EPA
promulgated the Federal Minor NSR Program, in part, to ensure that air
resources are protected by establishing a preconstruction permitting
program to regulate emission increases resulting from construction and
modification activities that were not already regulated by the major
NSR permitting programs.
---------------------------------------------------------------------------
\2\ ``Review of New Sources and Modifications in Indian
Country,'' U.S. Environmental Protection Agency, 76 FR 38748, July
1, 2011, https://www.gpo.gov/fdsys/pkg/FR-2011-07-01/pdf/2011-14981.pdf.
---------------------------------------------------------------------------
B. National O&NG FIP
The EPA issued the final National O&NG FIP on June 3, 2016.\3\ The
National O&NG FIP was developed to protect air quality in Indian
country due to the impact of new true minor sources and minor
modifications at existing true minor sources in the oil and natural gas
production and natural gas processing segments of the oil and natural
gas sector that are locating or expanding in an Indian reservation or
in another area of Indian country over which a tribe, or the EPA, has
demonstrated that the tribe has jurisdiction. Accordingly, the FIP
adopted legally and practicably enforceable requirements to control and
reduce air emissions from oil and natural gas production activities.
The FIP applies to new and modified true minor sources in such areas of
Indian country designated as attainment, unclassifiable or attainment/
unclassifiable. (Note, on May 2, 2019, the EPA Administrator signed a
final rule extending the geographic coverage of the National O&NG FIP
to the Indian country portion of the Uinta Basin Ozone Nonattainment
Area (i.e., the Uintah and Ouray Reservation).\4\)
---------------------------------------------------------------------------
\3\ See 81 FR 35943, 35946, June 3, 2016, https://www.gpo.gov/fdsys/pkg/FR-2016-06-03/pdf/2016-11969.pdf.
\4\ ``Amendments to Federal Implementation Plan for Managing Air
Emissions From True Minor Sources in Indian Country in the Oil and
Natural Gas Production and Natural Gas Processing Segments of the
Oil and Natural Gas Sector,'' U.S. Environmental Proection Agency,
84 FR 21240, May 14, 2019, https://www.govinfo.gov/content/pkg/FR-2019-05-14/pdf/2019-09829.pdf.
---------------------------------------------------------------------------
The National O&NG FIP uses a streamlined ``authorization to
construct'' approach for oil and natural gas sources to fulfill the
EPA's obligation under the Federal Minor NSR Program in Indian country
to issue minor source NSR pre-construction permits. True minor sources
in the oil and natural gas production and natural gas processing
segments of the oil and natural gas sector are required to comply with
the FIP, unless they opt out of the FIP to obtain a site-specific
permit or are otherwise required to do so.
C. Source Registration Under the Federal Minor NSR Program in Indian
Country
The source registration requirements for true minor sources in
Indian country are set out at 40 CFR 49.151 and 49.160.\5\ Sources
complying with the National O&NG FIP must submit the Part 1 Form,
containing specified information, at least 30 days prior to beginning
construction. 40 CFR 49.160(c)(1)(iv). Such sources must also submit
the Part 2 Registration Form within 60 days after the startup of
production, and both parts of the Registration Form, in combination,
satisfy the registration requirement. Id.
---------------------------------------------------------------------------
\5\ See also 40 CFR 49.151(c).
---------------------------------------------------------------------------
D. Requirements Under the National O&NG FIP Relating to Threatened or
Endangered Species and Historic Properties
In addition to the registration requirements, sources complying
with the National O&NG FIP must fulfill requirements concerning
potential impacts to protected resources. Under 40 CFR 49.104, these
requirements generally may be satisfied in one of two ways, which,
presently, may have different consequences relating to the submission
of the Part 1 Form and beginning construction:
(1) Where an agency other than the EPA (e.g., the Bureau of Land
Management) has already evaluated the potential impacts of the specific
oil and gas activity on protected resources, the source may submit
appropriate documentation of the other federal agency's protected
resources review. In that case, the appropriate
[[Page 33719]]
documentation of protected resources review should be submitted with
the Part 1 Form, and the source may begin construction no sooner than
thirty days later.
(2) Where an assessment related to protected resources has not
already been conducted by another agency, the owner or operator must
follow a set of screening procedures to assess potential impacts on
protected resources and receive approval of that assessment by the EPA
Regional Office. In that instance, the EPA's confirmation that the
source has satisfactorily completed the procedures must occur prior to
the source's submittal of its Part 1 Form pursuant to 40 CFR
49.160(c)(1)(iv) and 40 CFR 49.104(a)(2). The EPA Regional Office has
up to 30 days before it must either approve the screening procedures
documentation or notify the owner/operator by letter that additional
information is required. 40 CFR 49.104(a)(2)(i). As a practical matter,
this means that, after submitting screening procedure documentation,
the source must wait at least 30 days before being able to submit its
Part 1 Form, and then wait an additional 30 days before it can begin
construction.\6\
---------------------------------------------------------------------------
\6\ On August 2, 2016, after the EPA issued the National O&NG
FIP, the American Petroleum Institute (API) petitioned the
Administrator to revise the FIP. Letter from Howard J. Feldman, API,
to Gina McCarthy, EPA Administrator, August 2, 2016. Docket ID EPA-
HQ-OAR-2014-0606. On August 2, 2016, API also petitioned for
judicial review of the National O&NG FIP, No. 16-1271 (D.C.
Circuit). More recently, on September 24, 2018, API sent EPA another
inquiry and request relating to the National O&NG FIP. Letter from
Matt Todd, API to Peter Tsirigotis, Director, EPA Office of Air
Quality Planning and Standards, September 24, 2018. Docket ID EPA-
HQ-OAR-2014-0606. Among the concerns raised by API were concerns
relating to possible construction delays associated with the process
under the National O&NG FIP for submission of the Part 1 Form. On
November 27, 2018, the EPA responded to some of the issues raised by
API and indicated, in part, that it was open to consideration of
possible changes to the process relating to submission of the Part 1
Form. Letter from Jenny Edmonds, Acting Director, Outreach and
Information Division, the EPA Office of Air Quality Planning and
Standards, to Matt Todd, American Petroleum Institute, November 27,
2018. Docket ID EPA-HQ-OAR-2014-0606. This proposal, in part,
responds to API's concerns and seeks comment on possible limited
changes to the existing Part 1 Form submission process.
---------------------------------------------------------------------------
IV. Summary of Proposed Amendments--Revisions to the Registration
Process
As noted in Section III.D. of this document, in certain cases,
submission of documentation of completion of the screening procedures,
and the EPA's confirmation of satisfactory completion of the
procedures, must occur prior to the source's submittal of its Part 1
Form. And, upon submittal of the Part 1 Form, the source must wait an
additional 30 days before beginning construction. We believe it is
reasonable, instead, to allow the owner or operator to submit the Part
1 Form together with the screening procedures documentation, rather
than after the EPA Regional Office approval of the screening procedures
documentation, possibly expediting the preconstruction permitting
process. This approach would still afford at least a 30-day
notification period before construction begins (similar to the process
for sources relying on documentation of another federal agency's
completion of protected resources evaluation under 40 CFR
49.104(a)(1)). In addition, the EPA Regional Office still has the
responsibility to determine the adequacy of the screening procedures
documentation, and if not adequate, the source may not begin
construction.
Accordingly, we propose to amend the National O&NG FIP to authorize
sources to submit Part 1 Forms concurrent with screening procedures
documentation. We also propose to clarify that sources may begin
construction under this FIP if two conditions have been met: (1) At
least 30 days have passed from the date the Part 1 Form was submitted,
and (2) the EPA Regional Office has provided notification that the
screening procedures have been satisfactorily completed. So, a
hypothetical timeline under this proposal would be:
On day 1, a source would submit its Part 1 Form and
screening procedures documentation;
On day 15, the EPA could notify the source that it has
satisfactorily completed the screening procedures;
On day 31, the source could begin construction.
In another hypothetical timeline illustration under this proposal:
On day 1, a source would submit its Part 1 Form and
screening procedures documentation;
On day 29, the EPA could notify the source that additional
documentation is required and specify that it must be submitted within
15 days.
If the owner or operator timely submits sufficient
documentation, the date that construction may begin must shift to the
date when the EPA subsequently notifies the owner or operator that the
screening procedures have been satisfactorily completed, which would
extend more than 30 days after submitting the Part 1 Form.
We also propose to make three additional, minor changes to related
regulatory text. First, the rule currently specifically provides that
the EPA Regional Office will provide notice of satisfactory completion
of the screening procedures (or a determination that the documentation
is not adequate) by letter to the owner or operator, as noted in 40 CFR
49.104(a)(2)(i). The EPA did not and does not intend that the notice be
in the form of a letter sent via the United States Postal Service. The
EPA proposes to clarify that the EPA Regional Office give written
notification approving screening procedure documentation, which need
not necessarily be in the form or manner of a traditional ``letter,''
but could, for example, be in an electronic format and transmitted via
email (e.g. a signed .pdf document).
Second, to address potential confusion, we also propose to amend 40
CFR 49.160(c)(1)(iv) to clarify that the Part I Form need not be
submitted exactly 30 days before beginning construction, but must be
submitted at least 30 days before beginning construction.
Lastly, we take this opportunity to propose to make a technical
correction to 40 CFR 49.104(a) to resolve a typographical or
scrivener's error and correct a reference to non-existent subsection
(c)(1) or (2) of 40 CFR 49.
V. Environmental Justice Considerations
This action seeks to revise existing rules to further streamline
the pre-construction process for true minor sources in the oil and
natural gas sector in areas covered by the Federal Minor NSR Program in
Indian country. It does not remove any of the prior rules'
environmental or procedural protections. Therefore, the EPA believes
that this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income,
or indigenous populations.
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was,
therefore, not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is expected to be an Executive Order 13771 deregulatory
action. This proposed rule is expected to provide burden reduction by
reducing the waiting time before certain true minor new and modified
oil and
[[Page 33720]]
natural gas sources can begin construction. This streamlined
authorization reduces the resource burden on the permitting authority
and regulated community associated with submitting and reviewing permit
applications for these sources in attainment and unclassifiable areas.
C. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the Federal Minor NSR Program in Indian country
rule and has assigned OMB control number 2060-0003.\7\ This action
amends the National O&NG FIP which provides a mechanism for authorizing
construction for true minor sources in the oil and natural gas
production and natural gas processing segments of the oil and natural
gas sector locating or located in areas covered by the Federal Minor
NSR Program in Indian country to satisfy the requirements of that rule
other than by obtaining a site-specific minor source permit. Because it
substitutes for a site-specific permit, which would contain information
collection activities covered by the Information Collection Request for
Federal Minor NSR Program in Indian country rule issued in July 2011,
neither the proposed amendments nor the National O&NG FIP impose any
new obligations or new enforceable duties on any state, local or tribal
government or the private sector.
---------------------------------------------------------------------------
\7\ Since the Federal Minor NSR Program in Indian country rule
was promulgated, the Information Collection Request (ICR) has been
renewed and approved by OMB twice. The most recent approval extended
the ICR until October 31, 2020. The ICR covers the activities of the
National O&NG FIP. For more information, go to: https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201702-2060-005.
---------------------------------------------------------------------------
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule. The EPA analyzed the impact on small
entities of streamlined permitting under the National O&G FIP and the
Federal Minor NSR Program in Indian country rule \8\ and determined
that it would not have a significant economic impact on a substantial
number of small entities. This action merely modifies the timing to
allow a submission of required documentation at an earlier point in the
regulatory process. We have, therefore, concluded that this action will
have no net regulatory burden for all directly regulated small
entities.
---------------------------------------------------------------------------
\8\ ``Review of New Sources and Modifications in Indian
Country,'' U.S. Environmental Protection Agency, 76 FR 38748, July
1, 2011, https://www.federalregister.gov/articles/2011/07/01/2011-14981/review-of-new-sources-and-modifications-in-indian-country.
---------------------------------------------------------------------------
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandates, as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal government or the private sector. In material part, it
simply modifies the permissible time-frame for submission of otherwise
required forms to streamline the National O&NG FIP and Federal Minor
NSR Program in Indian country.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It would not
have substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action has tribal implications. However, it will neither
impose substantial direct compliance costs on federally recognized
tribal governments, nor preempt tribal law. Consistent with the EPA
Policy on Consultation and Coordination with Indian Tribes (May 4,
2011),\9\ the EPA offered consultation on this proposed action. The EPA
conducted outreach on issues related to the Federal Minor NSR Program
in Indian country and the National O&NG FIP via ongoing monthly
meetings with tribal environmental professionals.\10\
---------------------------------------------------------------------------
\9\ For more information, go to: https://www.epa.gov/tribal/epa-policy-consultation-and-coordination-indian-tribes.
\10\ These monthly meetings are general in nature, dealing with
many air-related topics, and are not specific to this proposed
action.
---------------------------------------------------------------------------
As this amendment, if finalized, is implemented, we will continue
to provide regular outreach to tribes to ensure we address issues
concerning the FIP if and when they arise. The EPA is available for
consultation with any interested tribe.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
This action does not involve technical standards.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes this action does not have potential
disproportionately high and adverse human health or environmental
effects on minority, low-income or indigenous populations. Through this
amendment, we seek to further streamline the process for true minor
sources in the oil and natural gas sector in areas covered by the
Federal Minor NSR Program in Indian country. This action does not
remove any of the prior rules' environmental or procedural protections.
List of Subjects in 40 CFR Part 49
Environmental protection, Administrative practices and procedures,
Air pollution control, Indians, Indians-law, Indians-tribal government,
Intergovernmental relations, Reporting and recordkeeping requirements.
Dated: July 3, 2019.
Andrew R. Wheeler,
Administrator.
For the reasons set forth in the preamble, 40 CFR part 49 is
proposed to be amended as follows:
PART 49--INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT
0
1. The authority citation for part 49 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
[[Page 33721]]
Subpart C--General Federal Implementation Plan Provisions
0
2. Amend Sec. 49.104 by:
0
a. Revising paragraph (a) introductory text;
0
b. Revising paragraph (a)(2) introductory text;
0
c. Revising paragraph (a)(2)(i) introductory text;
0
d. Revising paragraph (a)(2)(i)(B); and
0
e. Revising paragraph (a)(2)(ii).
The revisions read as follows:
Sec. 49.104 Requirements regarding threatened or endangered species
and historic properties.
(a) What are sources required to do to address threatened or
endangered species and historic properties? An owner/operator subject
to the requirements contained in Sec. Sec. 49.101 through 49.105 to
satisfy its obligation under Sec. 49.151(c)(1)(iii)(B) to obtain a
minor NSR permit shall meet either paragraph (a)(1) or (2) of this
section, as appropriate.
(1) * * *
(2) Screening procedures completed by the owner/operator. The
owner/operator shall submit to the EPA Regional Office (and to the
relevant tribe for the area where the source is located/locating)
documentation demonstrating that it has completed the required
screening procedures specified for consideration of threatened or
endangered species and historic properties and received written
confirmation from the EPA stating that the owner/operator has
satisfactorily completed these procedures prior to beginning
construction of a new true minor source or minor modification of a true
minor source. The completed screening procedures may be submitted
together with the source's Part 1 Registration Form pursuant to Sec.
49.160(c)(1)(iv). (The procedures are contained in the following
document: ``Procedures to Address Threatened and Endangered Species and
Historic Properties for the Federal Implementation Plan for Managing
Air Emissions from True Minor Sources in Indian Country in the Oil and
Natural Gas Production and Natural Gas Processing Segments of the Oil
and Natural Gas Sector,'' https://www.epa.gov/tribal-air/tribal-minor-new-source-review). Review of your submittal will be conducted by the
EPA Regional Office in accordance with the procedure in paragraphs
(a)(2)(i) and (ii) of this section:
(i) Within 30 days of receipt of your documentation, by written
notification to you, the EPA Regional Office must provide one of the
following determinations:
(A) * * *
(B) The documentation is not adequate, and additional information
is needed. If the initial submittal is deficient, the EPA Regional
Office will note any such deficiencies and may offer further direction
on completing the screening procedures. Once you have addressed the
noted deficiencies, you must resubmit your revised screening procedure
documentation for review. An additional 15-day review notification
period will be used for the EPA Regional Office to determine whether
the listed species and/or historic property screening procedures have
been satisfied. If the EPA Regional Office makes such a determination,
they will send you written notification stating that conclusion.
(ii) You must obtain written notification from the EPA Regional
Office indicating that the source has adequately completed the
screening procedures. The EPA Regional Office may send written
notification by mail, email, or any other written means of
notification. You may not begin construction under this FIP until the
following two conditions are met: (1) At least 30 days has passed from
the date the Part 1 Registration Form was submitted, and (2) the EPA
Regional Office has provided this notification.
* * * * *
0
3. Amend Sec. 49.160 by revising paragraph (c)(1)(iv) to read as
follows:
Sec. 49.160 Federal Minor New Source Review in Indian Country.
* * * * *
(c) * * *
(1) * * *
(iv) Minor sources complying with Sec. Sec. 49.101 through 49.105
for the oil and natural gas production and natural gas processing
segments of the oil and natural gas sector, as defined in Sec. 49.102,
must submit the Part 1 Registration Form, at least 30 days prior to
beginning construction, that contains the information in paragraph
(c)(2) of this section. The Part 2 Registration Form, including
emissions information, must be submitted within 60 days after the
startup of production as defined in Sec. 49.152(d). The source must
determine the potential for emissions within 30 days after startup of
production. The combination of the Part 1 and Part 2 Registration Forms
submittals satisfies the requirements in paragraph (c)(2) of this
section. The forms are submitted to the EPA instead of the application
form required in paragraph (c)(1)(iii) of this section. The forms are
available at: https://www.epa.gov/tribal-air/tribal-minor-new-source-review or from the EPA Regional Offices.
* * * * *
[FR Doc. 2019-14885 Filed 7-12-19; 8:45 am]
BILLING CODE 6560-50-P