MEMO TO FILE

DATE:		November 5, 2018

SUBJECT:	Fort Berthold Indian Reservation, FBIR Compressor Station; MCP Operating, LLC, Endangered Species 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
		
Pursuant to Section 7 of the Endangered Species Act (ESA), 16 U.S.C. §1536, and its implementing regulations at 50 CFR, part 402, the EPA is required to ensure that any action authorized, funded, or carried out by the Agency is not likely to jeopardize the continued existence of any Federally-listed endangered or threatened species or result in the destruction or adverse modification of such species' designated critical habitat. Under ESA, those agencies that authorize, fund, or carry out the federal action are commonly known as "action agencies." If an action agency determines that its federal action "may affect" listed species or critical habitat, it must consult with the U.S. Fish and Wildlife Service (FWS). If an action agency determines that the federal action will have no effect on listed species or critical habitat, the agency will make a "no effect" determination. In that case, the action agency does not initiate consultation with the FWS and its obligations under Section 7 are complete. 

In complying with its duty under ESA, the EPA, as the action agency, examined the potential effects on listed species and designated critical habitat relating 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. 

Region 8 Air Program Determination

The EPA has concluded that the synthetic minor NSR permit action will have "No effect" on listed species or critical habitat. Based on information provided by the operator, the EPA requested concurrence that there will be "no effect" of threatened and endangered species that the FWS has listed for the area of impact. The EPA initiated consultation under Section 7 and the FWS concurred that the project is not expected to have significant impact on fish and wildlife resources.

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	

Conclusion

The EPA has concluded that the proposed synthetic minor NSR permit action will have "No effect" on listed species or critical habitat. The EPA initiated consultation under Section 7 and the FWS concurred that the project is not expected to have significant impact on fish and wildlife resources. More information regarding this decision can be found in the administrative docket. 

