MEMO TO FILE

DATE:		November 5, 2018

SUBJECT:	Fort Berthold Indian Reservation, FBIR Compressor Station; MCP Operating, LLC, National Historic Preservation Act 

FROM:	Colin Schwartz, EPA Region 8 Air Program

TO:		Source Files:
		205c AirTribal, TAT, MCP Operating, LLC. FBIR Compressor Station
		SMNSR-TAT-000895-2018.001
		Docket ID: EPA-R08-OAR-2018-0574
		
Section 106 of the National Historic Preservation Act (NHPA) requires federal agencies to take into account the effects of their undertakings on historic properties and afford the Advisory Council on Historic Preservation (ACHP) a reasonable opportunity to comment with regard to such undertakings. Under the ACHP's implementing regulations at 36 C.F.R. Part 800, Section 106 consultation is generally with state and tribal historic preservation officials in the first instance, with opportunities for the ACHP to become directly involved in certain cases. An "undertaking" is "a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a Federal agency, including those carried out by or on behalf of a Federal agency; those carried out with Federal financial assistance; and those requiring a Federal permit, license or approval." 36 C.F.R. § 800.16(y).

Under the NHPA Section 106 implementing regulations, if an undertaking is a type of activity that has the potential to cause effects on historic properties, assuming any are present, then federal agencies consult with relevant historic preservation partners to determine the area of potential effect (APE) of the undertaking, to identify historic properties that may exist in that area, and to assess and address any adverse effects that may be caused on historic properties by the undertaking. If an undertaking is a type of activity that does not have the potential to cause effects on historic properties, the federal agency has no further obligations. 36 C.F.R. § 800.3(a)(1).

This memorandum describes EPA's efforts to assess potential effects on historic properties in connection with to issuing this Clean Air Act (CAA) synthetic minor New Source Review permit in Mountrail County, North Dakota, on Indian country lands within the Fort Berthold Indian Reservation. As explained further below, EPA is finding that the proposed action does not have the potential to cause effects on historic properties, even assuming such historic properties are present.

Permit Request

The EPA received an application from MCP Operating, LLC (MCP), requesting a synthetic minor permit to construct and operate the FBIR Compressor Station in accordance with the requirements of the Tribal Minor New Source Review (MNSR) permitting program. This permit is proposed to approve the construction and operation of a compressor station. This facility would be capable of separating condensate and natural gas, compressing the natural gas to increase pressure and dehydrating the natural gas to a pipeline quality for sales. Potential uncontrolled emissions of volatile organic compounds (VOC), carbon monoxide (CO) and nitrogen oxides (NOx) are above major New Source Review (NSR) thresholds. Therefore, MCP has requested enforceable emission limitations to bring allowable emissions below major source levels. In addition, MCP has requested limitations to bring allowable emissions of hazardous air pollutants (HAPs) below the thresholds for applicability to various Maximum Achievable Control Technology (MACT) regulations for major HAP sources at 40 CFR part 63, as well as major Title V thresholds for criteria pollutants and HAP.

This proposed permit would establish facility-wide annual limits on the throughput of natural gas and condensate. It requires the installation, maintenance and operation of a process flare to control VOC and HAP emissions from natural gas handling during maintenance, startup, shutdown and upset conditions. It also requires the installation, maintenance and operation of an enclosed vapor combustor to control VOC and HAP emissions from a triethylene glycol (TEG) dehydration unit that includes a TEG reboiler and benzene, toluene, ethylbenzene and xylene (BTEX) condenser, and working, standing, breathing and flashing loss emissions from condensate storage tanks. The proposed permit also contains requirements to operate a catalytic control system and air-to-fuel ratio (AFR) controller on three (3) natural gas-fired 4-stroke lean-burn (4SLB) spark ignition (SI) internal combustion engines (ICE) used for natural gas compression at the facility, including associated CO, VOC, and NOx emissions limits. 
This permit contains emissions limits, construction and operational limitations and associated monitoring, recordkeeping and reporting requirements. Upon compliance with the permit, MCP will have legally and practicably enforceable restrictions on emissions that can be used when determining the applicability of other Clean Air Act (CAA) permitting requirements, such as those imposed by the Prevention of Significant Deterioration (PSD) Permit Program at 40 CFR part 52 and the Title V Operating Permit Program at 40 CFR part 71 (Part 71). 

The facility is located at:

	      SENE Sec 4 T150N R93W
	Latitude 47.838823, Longitude -102.580448	

Finding of No Potential to Cause Effects

The EPA has reviewed the proposed actions for potential impacts on historic properties and concluded that effects on historic properties resulting from construction and operation of the proposed source are unlikely. The closest historic properties are within the town of Stanley, North Dakota, and the proposed development would occur on land that has previously been used for agricultural purposes. The EPA attempted to consult with the Tribal Historic Preservation Office of the Three Affiliated Tribes on Fort Berthold Indian Reservation during multiple attempts as documented in the docket. The EPA has not received a response to this date. The EPA finds that this permit action will have no effect on historic properties, even assuming any are present. 



State and Tribal Consultation

The EPA attempted to consult with the Tribal Historic Preservation Office of the Three Affiliated Tribes on Fort Berthold Indian Reservation. The EPA has not received a response to this date. More information regarding this decision can be found in the administrative docket.

