[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]


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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.

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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 http://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 http://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 http://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: http://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.
     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)

[[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
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                                                  Examples of regulated
       Industry category         NAICS code \a\  entities/description of
                                                    industry category
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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 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-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.
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    \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.
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    \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.
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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\)
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    \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.
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    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.
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    \5\ See also 40 CFR 49.151(c).
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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\
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    \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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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.
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    \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.
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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.
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    \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.
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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\
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    \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.
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    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


