Approval and Promulgation of Implementation Plans; New Jersey; Negative Declaration, 3556-3557 [2020-00778]
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Federal Register / Vol. 85, No. 14 / Wednesday, January 22, 2020 / Proposed Rules
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[FR Doc. 2020–00913 Filed 1–21–20; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R02–OAR–2019–0674; FRL–10004–
37–Region 2]
Approval and Promulgation of
Implementation Plans; New Jersey;
Negative Declaration
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the State of New
Jersey for purposes of making a negative
declaration regarding the October 2016
Oil and Natural Gas Control Techniques
Guidelines (2016 Oil and Gas CTG).
This action is being taken in accordance
with the requirements of the Clean Air
Act.
DATES: Written comments must be
received on or before February 21, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R02–OAR–2019–0674 at https://
www.regulations.gov. Follow the online
SUMMARY:
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 (i.e., 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.
FOR FURTHER INFORMATION CONTACT:
Omar Hammad, Environmental
Protection Agency, Region 2 Office, 290
Broadway, New York, New York 10007–
1866, at (212) 637–3347, or by email at
hammad.omar@epa.gov.
SUPPLEMENTARY INFORMATION: The
Supplementary Information section is
arranged as follows:
Table of Contents
I. What action is the EPA proposing?
II. What is the background for this proposed
rulemaking?
III. What did New Jersey submit?
IV. What is the EPA’s evaluation of New
Jersey’s SIP submittal?
V. Statutory and Executive Order Reviews
I. What action is the EPA proposing?
The EPA is proposing to approve a
revision to the State Implementation
Plan (SIP) submitted by the State of New
Jersey on May 13, 2019, for purposes of
making a negative declaration that no
sources exist in the State of New Jersey
that would be subject to the 2016 Oil
and Gas CTG.
II. What is the background for this
proposed rulemaking?
On October 27, 2016, EPA published
in the Federal Register the ‘‘Release of
Final Control Techniques Guidelines for
the Oil and Natural Gas Industry.’’ See
81 FR 74798. The CTG provided
information to state, local, and tribal air
agencies to assist them in determining
reasonably available control technology
(RACT) for volatile organic compounds
(VOC) emissions from select oil and
natural gas industry emission sources.
Clean Air Act (CAA) section
182(b)(2)(A) requires that for ozone
nonattainment areas classified as
Moderate, states must revise their SIPs
to include provisions to implement
RACT for each category of VOC sources
covered by a CTG document issued
between November 15, 1990, and the
date of attainment. CAA section
184(b)(1)(B) extends this requirement to
states in the Ozone Transport Region
(OTR). States are required to adopt
RACT controls that are at least as
stringent as those found within the CTG.
III. What did New Jersey submit?
On May 13, 2019, the New Jersey
Department of Environmental Protection
(NJDEP) submitted to the EPA a SIP
revision consisting of a negative
declaration for the 2016 Oil and Gas
CTG.
The oil and natural gas industry
includes oil and natural gas operations
involved in the extraction and
production of crude oil and natural gas,
as well as the processing, transmission,
storage, and distribution of natural gas.
For oil, the industry includes all
operations from the well to the point of
custody transfer at a petroleum refinery.
For natural gas, the industry includes all
operations from the well to the
customer.
The NJDEP cross referenced the
source operations covered in the 2016
Oil and Gas CTG and its applicability to
New Jersey. Its findings are in the table
below.
khammond on DSKJM1Z7X2PROD with PROPOSALS
TABLE 1—NEW JERSEY’S EVALUATION OF THE SOURCE OPERATIONS COVERED IN THE 2016 OIL AND GAS CTG AND ITS
APPLICABILITY TO NEW JERSEY
Source operations covered
in the 2016 Oil and Gas
CTG
Storage Vessels (CTG Section 4.0).
Compressors (CTG Section
5.0).
VerDate Sep<11>2014
16:12 Jan 21, 2020
Applicability
Confirmation no source operations in NJ
Crude oil, condensate, intermediate hydrocarbon liquids, and produced water storage in all segments
(except distribution) of the oil and gas industry.
Centrifugal and reciprocating compressors located between the wellhead and point of custody transfer to
the natural gas transmission and storage.
Only distribution of oil in the state; CTG specifically excludes storage of crude oil at refineries.
Jkt 250001
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
No natural gas extraction occurs in state; only natural
gas transmission and storage after natural gas has
entered state through pipeline.
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Federal Register / Vol. 85, No. 14 / Wednesday, January 22, 2020 / Proposed Rules
3557
TABLE 1—NEW JERSEY’S EVALUATION OF THE SOURCE OPERATIONS COVERED IN THE 2016 OIL AND GAS CTG AND ITS
APPLICABILITY TO NEW JERSEY—Continued
Source operations covered
in the 2016 Oil and Gas
CTG
Pneumatic Controller (CTG
Section 6.0).
Pneumatic Pumps (CTG
Section 7.0).
Equipment Leaks (CTG Section 8.0).
Fugitive Emissions (CTG
Section 9.0).
Applicability
Confirmation no source operations in NJ
Controllers located from wellhead to a natural gas processing plant or from wellhead to point of custody
transfer to an oil pipeline.
Pumps located at natural gas processing plants and
well sites.
All equipment (except compressors and sampling connection systems) within a process unit located at a
natural gas processing plant in VOC service or in wet
gas service.
Collection of fugitive emission components at a well
site and gathering and boosting station, that is located from the wellhead to the point of custody transfer to the natural gas transmission and storage segment or to an oil pipeline.
No natural gas or oil extraction occurs in state; and no
natural gas processing plant operates in state.
Through this negative declaration,
New Jersey is asserting that there are no
sources within its respective State that
would be subject to the 2016 Oil and
Gas CTG. New Jersey asserts that it is
not anticipated that crude oil or natural
gas extraction will be occurring in New
Jersey for the foreseeable future.
khammond on DSKJM1Z7X2PROD with PROPOSALS
IV. What is the EPA’s evaluation of
New Jersey’s SIP submittal?
On May 13, 2019, New Jersey
submitted a SIP revision to make a
negative declaration and address the
2016 Oil and Gas CTG requirements
within the State. The EPA has reviewed
New Jersey’s submittal and agrees with
the State’s evaluation. The EPA
compared the State’s evaluation with
their inventory and is concurring with
their negative declaration. The EPA is
proposing to approve the revision to the
SIP submitted by the State to address
the 2016 Oil and Gas CTG for the OTR
and nonattainment RACT requirements
for both the 2008 and 2015 ozone
National Ambient Air Quality Standards
and is approving their negative
declaration that no sources exist in the
State of New Jersey that would be
subject to the 2016 Oil and Gas CTG.
The EPA is soliciting public
comments on the issues discussed in
this proposal. These comments will be
considered before the EPA takes final
action. Interested parties may
participate in the Federal rulemaking
procedure by submitting written
comments as discussed in the
ADDRESSES section of this rulemaking.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
VerDate Sep<11>2014
16:12 Jan 21, 2020
Jkt 250001
No natural gas extraction occurs in state; and no natural gas processing plant operates in state.
No natural gas processing plant operates in state; and
no wet gas service.
No natural gas extraction occurs in state; only natural
gas transmission and storage after natural gas has
entered state through pipeline.
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993), and 13563 (76 FR 382,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are exempt
under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed rulemaking
action, pertaining to New Jersey’s
Negative Declaration SIP submission,
would not be approved to apply on any
Indian reservation land or in any other
area where EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose any
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 2, 2020.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2020–00778 Filed 1–21–20; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\22JAP1.SGM
22JAP1
]]>Agencies
[Federal Register Volume 85, Number 14 (Wednesday, January 22, 2020)]
[Proposed Rules]
[Pages 3556-3557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00778]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR-2019-0674; FRL-10004-37-Region 2]
Approval and Promulgation of Implementation Plans; New Jersey;
Negative Declaration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of New Jersey for purposes of making a negative declaration
regarding the October 2016 Oil and Natural Gas Control Techniques
Guidelines (2016 Oil and Gas CTG). This action is being taken in
accordance with the requirements of the Clean Air Act.
DATES: Written comments must be received on or before February 21,
2020.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2019-0674 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 (i.e., 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.
FOR FURTHER INFORMATION CONTACT: Omar Hammad, Environmental Protection
Agency, Region 2 Office, 290 Broadway, New York, New York 10007-1866,
at (212) 637-3347, or by email at [email protected].
SUPPLEMENTARY INFORMATION: The Supplementary Information section is
arranged as follows:
Table of Contents
I. What action is the EPA proposing?
II. What is the background for this proposed rulemaking?
III. What did New Jersey submit?
IV. What is the EPA's evaluation of New Jersey's SIP submittal?
V. Statutory and Executive Order Reviews
I. What action is the EPA proposing?
The EPA is proposing to approve a revision to the State
Implementation Plan (SIP) submitted by the State of New Jersey on May
13, 2019, for purposes of making a negative declaration that no sources
exist in the State of New Jersey that would be subject to the 2016 Oil
and Gas CTG.
II. What is the background for this proposed rulemaking?
On October 27, 2016, EPA published in the Federal Register the
``Release of Final Control Techniques Guidelines for the Oil and
Natural Gas Industry.'' See 81 FR 74798. The CTG provided information
to state, local, and tribal air agencies to assist them in determining
reasonably available control technology (RACT) for volatile organic
compounds (VOC) emissions from select oil and natural gas industry
emission sources. Clean Air Act (CAA) section 182(b)(2)(A) requires
that for ozone nonattainment areas classified as Moderate, states must
revise their SIPs to include provisions to implement RACT for each
category of VOC sources covered by a CTG document issued between
November 15, 1990, and the date of attainment. CAA section 184(b)(1)(B)
extends this requirement to states in the Ozone Transport Region (OTR).
States are required to adopt RACT controls that are at least as
stringent as those found within the CTG.
III. What did New Jersey submit?
On May 13, 2019, the New Jersey Department of Environmental
Protection (NJDEP) submitted to the EPA a SIP revision consisting of a
negative declaration for the 2016 Oil and Gas CTG.
The oil and natural gas industry includes oil and natural gas
operations involved in the extraction and production of crude oil and
natural gas, as well as the processing, transmission, storage, and
distribution of natural gas. For oil, the industry includes all
operations from the well to the point of custody transfer at a
petroleum refinery. For natural gas, the industry includes all
operations from the well to the customer.
The NJDEP cross referenced the source operations covered in the
2016 Oil and Gas CTG and its applicability to New Jersey. Its findings
are in the table below.
Table 1--New Jersey's Evaluation of the Source Operations Covered in the
2016 Oil and Gas CTG and Its Applicability to New Jersey
------------------------------------------------------------------------
Confirmation no
Source operations covered in Applicability source operations in
the 2016 Oil and Gas CTG NJ
------------------------------------------------------------------------
Storage Vessels (CTG Section Crude oil, Only distribution of
4.0). condensate, oil in the state;
intermediate CTG specifically
hydrocarbon excludes storage of
liquids, and crude oil at
produced water refineries.
storage in all
segments (except
distribution) of
the oil and gas
industry.
Compressors (CTG Section Centrifugal and No natural gas
5.0). reciprocating extraction occurs
compressors located in state; only
between the natural gas
wellhead and point transmission and
of custody transfer storage after
to the natural gas natural gas has
transmission and entered state
storage. through pipeline.
[[Page 3557]]
Pneumatic Controller (CTG Controllers located No natural gas or
Section 6.0). from wellhead to a oil extraction
natural gas occurs in state;
processing plant or and no natural gas
from wellhead to processing plant
point of custody operates in state.
transfer to an oil
pipeline.
Pneumatic Pumps (CTG Section Pumps located at No natural gas
7.0). natural gas extraction occurs
processing plants in state; and no
and well sites. natural gas
processing plant
operates in state.
Equipment Leaks (CTG Section All equipment No natural gas
8.0). (except compressors processing plant
and sampling operates in state;
connection systems) and no wet gas
within a process service.
unit located at a
natural gas
processing plant in
VOC service or in
wet gas service.
Fugitive Emissions (CTG Collection of No natural gas
Section 9.0). fugitive emission extraction occurs
components at a in state; only
well site and natural gas
gathering and transmission and
boosting station, storage after
that is located natural gas has
from the wellhead entered state
to the point of through pipeline.
custody transfer to
the natural gas
transmission and
storage segment or
to an oil pipeline.
------------------------------------------------------------------------
Through this negative declaration, New Jersey is asserting that
there are no sources within its respective State that would be subject
to the 2016 Oil and Gas CTG. New Jersey asserts that it is not
anticipated that crude oil or natural gas extraction will be occurring
in New Jersey for the foreseeable future.
IV. What is the EPA's evaluation of New Jersey's SIP submittal?
On May 13, 2019, New Jersey submitted a SIP revision to make a
negative declaration and address the 2016 Oil and Gas CTG requirements
within the State. The EPA has reviewed New Jersey's submittal and
agrees with the State's evaluation. The EPA compared the State's
evaluation with their inventory and is concurring with their negative
declaration. The EPA is proposing to approve the revision to the SIP
submitted by the State to address the 2016 Oil and Gas CTG for the OTR
and nonattainment RACT requirements for both the 2008 and 2015 ozone
National Ambient Air Quality Standards and is approving their negative
declaration that no sources exist in the State of New Jersey that would
be subject to the 2016 Oil and Gas CTG.
The EPA is soliciting public comments on the issues discussed in
this proposal. These comments will be considered before the EPA takes
final action. Interested parties may participate in the Federal
rulemaking procedure by submitting written comments as discussed in the
ADDRESSES section of this rulemaking.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993), and 13563 (76 FR 382, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempt under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rulemaking action, pertaining to New
Jersey's Negative Declaration SIP submission, would not be approved to
apply on any Indian reservation land or in any other area where EPA or
an Indian tribe has demonstrated that a tribe has jurisdiction. In
those areas of Indian country, the rule does not have tribal
implications and will not impose any substantial direct costs on tribal
governments or preempt tribal law as specified by Executive Order 13175
(65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 2, 2020.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2020-00778 Filed 1-21-20; 8:45 am]
BILLING CODE 6560-50-P
