AGENDA

Government-to-Government Consultations

July 18, 2014

9:00 am – 3:30 pm (Mountain Time Zone)

Meeting Location: EPA Region 8 Office – RA Conference Room

 1595 Wynkoop Street, Denver, Colorado 80202-1129

Attendees: EPA R8 Tribes, EPA Region 8 Staff, EPA Headquarters Staff

9:00 am – 10:30 am  Introductions

 Overview of Advanced Notice of Proposed Rulemaking (ANPR) & Open Discussion 

 of Issues

Topic: ANPR – Managing Emissions: Oil & Natural Gas Production in Indian 

 Country

10:30 am – 10:45 am Break*

10:45 am – 12:00 pm  Continuation of Discussion

 Topic: ANPR – Managing Emissions: Oil & Natural Gas Production in Indian 

 Country

12:00 pm – 1:00 pm Lunch Break*

1:00 pm – 2:00 pm  Introductions

 Overview of Proposed Rule & Open Discussion of Issues

Topic: Proposed Petroleum Refinery Sector Risk and Technology Review and New

 Source Performance Standards

2:00 pm – 2:30 pm Break*

2:30 pm – 3:30 pm  Introductions

 Overview of Proposed Rule & Open Discussion of Issues

Topic: Carbon Pollution Emission Guidelines for Existing Stationary Sources: 

 Electric Generating Units (EGUs)

3:30 pm Meeting Adjourned

*Important Information

If you need to exit the building during breaks, you will be required to pass through security screening upon 

return each time. If you are leaving for the day, please remember to sign out and turn in your temporary visitor 

badge to the reception desk in the main lobby. This process allows us to maintain accountability of all personnel inside 

the Regional Headquarters facility in the event of an emergency situation or evacuation.
Government-to Government Consultations

Date: July 18, 2014

Time: 9:00 – 3:30 pm (Mountain Time Zone)

Where: EPA Region 8 Office, Denver, CO

 Attendees: EPA R8 Tribes (CO, MT, ND, SD, UT, WY); 

EPA Region 8 Staff; EPA Headquarters Staff

Email notifications were sent to the Region 8 Tribes listed below and to Rollie Wilson, 

Fredericks Peebles & Morgan LLP – Attorney for MHA Nation (Three Affiliated Tribes). Rollie 

also forwarded the consultation notification to their list of “energy” tribes. 

Region 8 Tribes

1 Blackfeet Nation MT

2 Cheyenne River Sioux Tribe SD

3 Confederated Salish and Kootenai Tribes MT

4 Crow Creek Sioux Tribe SD

5 Crow Nation MT

6 Flandreau Santee Sioux Tribe SD

7 Fort Belknap Reservation – Gros Ventre Tribe and Assiniboine Tribe MT

8 Fort Peck Assiniboine and Sioux Tribes MT

9 Lower Brule Sioux Tribe SD

10 MHA Nation – Three Affiliated Tribes ND

11 Northern Cheyenne Tribe MT

12 Northwest Band of Shoshone Nation UT

13 Oglala Sioux Tribe SD

14 Paiute Indian Tribe of Utah UT

15 Rosebud Sioux Tribe SD

16 Sisseton Wahpeton Sioux SD/ND

17 Southern Ute Indian Tribe CO

18 Spirit Lake Tribe CO

19 Standing Rock Sioux Tribe ND

20 The Chippewa Cree Tribe MT

21 The Turtle Mountain Band of Chippewa ND

22 Ute Indian Tribe UT

23 Ute Mountain Ute Tribe CO

24 Wind River Reservation – Northern Arapaho Tribe and Eastern Shoshone WY

25 Yankton Sioux Tribe SD
SIGN IN SHEET 

Government-to-Government Consultation 

Proposed Petroleum Refinery Sector Risk and Technology Review and 

New Source Performance Standards 

Date: July 18, 2014 

Time: 1:00pm-2:00pm (MDT) 

Location: EPA Region 8 Office- Rocky Mountain Room 

1595 Wynkoop Street, Denver, Colorado 80202 

Attendees 

1. 

2. 

3. 

:f' ...a-v-v 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

13. 

14. 

15. n <lJ 

tlO 

(tJ 

0.... 
As of 7/18/14 (8:00 am EDT)

Page 1 of 2

Date: July 18, 2014

Time: 9:00 – 3:30 pm (Mountain Time Zone)

Where: EPA Region 8 Office, 1595 Wynkoop Street

Denver, Colorado 80202-1129

Event: Consultations on Proposed EPA Rulemakings

Lead Office: EPA/OAR/OAQPS

PARTICIPANTS

9:00 am - 12:00 pm ANPR – Managing Emissions: Oil & Natural Gas Production in Indian Country 

 Location: RA Conference Room

1. Christopher Reagen, Attorney – Fredericks Peebles & Morgan LLP

2. Alvina Earnhart, Attorney – Fredericks Peebles & Morgan LLP

3. Phillip Chimburas, Member of the Business Committee – Ute Tribe of the Uintah and Ouray Reservation

4. Tony Small, Member of the Business Committee – Ute Tribe of the Uintah and Ouray Reservation

5. Gina LaRose, Assistant Secretary for the Business Committee – Ute Tribe of the Uintah and Ouray 

Reservation

6. Tex Hall, Chairman - MHA Nation (Three Affiliated Tribes)

7. Shenan Atcitty – MHA Legal Counsel

8. Carson Hood – MHA Energy Division

9. Carey Doyle – MHA Energy Division

10. Richard Mayer, CEO – Thunder Butte Petroleum

11. Jerry Koblit with Arcadis – Air Expert for Thunder Butte Petroleum

12. Paul J. Hill, Member of the Legislative Branch – Crow Tribe of Indians

13. Eric Birdinground, Member of the Legislative Branch – Crow Tribe of Indians

14. Brandon Good Luck, Member of Legislative Branch – Crow Tribe of Indians

15. Bryce Hugs, Member of the Legislative Branch – Crow Tribe of Indians

16. Joanie Rowland, Oil and Gas Director – Crow Nation

17. Ron Crossguns, Assistant Director, Oil and Gas Department – Blackfeet Tribe 

18. Grinnell Day Chief, Oil and Gas Manager - Blackfeet Tribe

19. Jolene Catron, Program Coordinator – Wind River Reservation - Northern Arapaho & Eastern Shoshone 

tribes (by phone)

20. Gerald Wagner, Environmental Director – Blackfeet Tribe (by phone)
As of 7/18/14 (8:00 am EDT)

Page 2 of 2

Date: July 18, 2014

Time: 9:00 – 3:30 pm (Mountain Time Zone)

Where: EPA Region 8 Office, 1595 Wynkoop Street

Denver, Colorado 80202-1129

Event: Consultations on Proposed EPA Rulemakings

Lead Office: EPA/OAR/OAQPS

1:00 – 2:00 pm Proposed Petroleum Refinery Sector Risk and Technology Review and New Source

Performance Standards Location: RA Conference Room

1. Alvina Earnhart, Attorney - Fredericks Peebles & Morgan LLP

2. Tex Hall, Chairman - MHA Nation (Three Affiliated Tribes)

3. Shenan Atcitty – MHA Legal Counsel

4. Carson Hood, MHA Energy Division

5. Carey Doyle – MHA Energy Division

6. Helmy Andrawis, MHA Refinery OSBL Engineer – Worley Parsons

7. Kenneth Konrad, MHA Refinery OSBL Engineer – Worley Parsons

8. Richard Mayer – Thunder Butte Petroleum

9. Jerry Koblitz with Arcadis – Air Expert for Thunder Butte Petroleum

10. Paul J. Hill, Member of the Legislative Branch – Crow Tribe of Indians

11. Eric Birdinground, Member of the Legislative Branch – Crow Tribe of Indians

12. Brandon Good Luck, Member of the Legislative Branch – Crow Tribe of Indians

13. Bryce Hugs, Member of the Legislative Branch – Crow Tribe of Indians

14. Joanie Rowland, Oil and Gas Director – Crow Nation

15. Ron Crossguns, Assistant Director, Oil and Gas Department – Blackfeet Tribe

16. Grinnell Day Chief, Oil and Gas Manager – Blackfeet Tribe

2:30 – 3:30 pm Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric 

 Generating Units (EGUs) Location: RA Conference Room

1. Christopher Reagen, Attorney – Fredericks Peebles & Morgan LLP

2. Alvina Earnhart, Attorney – Fredericks Peebles & Morgan LLP

3. Phillip Chimburas, Member of the Business Committee – Ute Tribe of the Uintah and Ouray Reservation

4. Tony Small, Member of the Business Committee – Ute Tribe of the Uintah and Ouray Reservation

5. Gina LaRose, Assistant Secretary for the Business Committee – Ute Tribe of the Uintah and Ouray 

Reservation

6. Paul J. Hill, Member of the Legislative Branch – Crow Tribe of Indians

7. Eric Birdinground, Member of the Legislative Branch – Crow Tribe of Indians

8. Brandon Good Luck, Member of the Legislative Branch – Crow Tribe of Indians

9. Bryce Hugs, Member of the Legislative Branch – Crow Tribe of Indians

10. Joanie Rowland, Oil and Gas Director – Crow Nation

11. Ron Crossguns, Assistant Director, Oil and Gas Department – Blackfeet Tribe

12. Grinnell Day Chief, Oil and Gas Manager – Blackfeet Tribe
FACT SHEET

PROPOSED PETROLEUM REFINERY SECTOR RISK AND TECHNOLOGY REVIEW AND

NEW SOURCE PERFORMANCE STANDARDS

ACTION

 On May 15, 2014, the Environmental Protection Agency (EPA) issued a proposed rule that would

further control toxic air emissions from petroleum refineries. This proposed rule is based on the risk

and technology review of two emissions standards already in place at refineries: the National

Emission Standards for Hazardous Air Pollutants From Petroleum Refineries (Refinery MACT 1)

and the National Emission Standards for Hazardous Air Pollutants for Petroleum Refineries:

Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units (Refinery MACT

2).

 The EPA is proposing additional emission control requirements for storage tanks, flares and coking

units at petroleum refineries. EPA is also proposing to require monitoring of air concentrations at the

fenceline of refinery facilities to ensure proposed standards are being met and that neighboring

communities are not being exposed to unintended emissions.

o When fully implemented, the provisions in this rule will result in a reduction of 5600 tons per

year of toxic air pollutants, and 52,000 tons per year of volatile organic compounds (VOC).

 For refinery flares, the EPA is proposing to amend the operational requirements for flares to ensure

that a high level of combustion efficiency is achieved for the waste gases that continue to go to a

flare. The EPA is also proposing MACT controls on delayed coking units.

 This proposed rule would also eliminate exemptions to emission limits during periods of startup,

shutdown and malfunction. The proposed rule also includes technical corrections and clarifications

to the 2008 Petroleum Refinery New Source Performance Standards (NSPS). The EPA is proposing

these NSPS edits now in an effort to improve consistency and clarity for sources that are regulated

under both the NSPS and Refinery MACT 2.

 There are currently 142 large (major source) and 7 small (area source) petroleum refineries in the

United States. There are 36 small businesses that own petroleum refineries.

 As a result of these proposed changes, refineries would reduce toxic emissions, improving air quality

and protecting public health in communities surrounding these facilities.

 Exposure to toxic air pollutants can cause respiratory problems and other serious health issues, and

can increase the risk of developing cancer.

 After application of the proposed standards for cokers and storage tanks, the EPA projects that toxic

air pollutant emissions, such as benzene, toluene and xylene would be reduced by approximately

1,800 tons per year (tpy) and volatile organic compound emissions would be reduced by

approximately 19,000 tpy.

 In addition, the proposed amendments for flaring will result in reductions of 3,800 tons per year of

HAP and 33,000 tons per year of VOC. Due to uncertainty in these estimates, the flaring reductions

could be significantly higher.
 Also, as a co-benefit of these proposed standards, the EPA projects to eliminate emissions of

approximately 700,000 metric tonnes of CO2 equivalents.

 The EPA estimates the capital cost of this proposed rule to be approximately $240 million, with an

annualized cost of approximately $40 million. It is projected that these proposed standards will have

a negligible impact on the costs of petroleum products.

 Today’s proposal incorporates findings from two types of analyses, a technology review and a

residual risk assessment.

Technology Review

 The Clean Air Act requires the EPA to review and revise the national emission standards for air

toxics, as necessary, taking into account developments in practices, processes and control

technologies since the issuance of the original standards.

 As a result of this review, the EPA identified cost-effective advancements in technologies for

these sources at refineries and so is proposing to upgrade storage tank controls and applicability

thresholds to require controls on smaller tanks.

 The EPA has also identified advancements in monitoring technologies for detecting fugitive

emissions, which are unintended emissions from sources such as equipment leaks and

wastewater treatment and handling. As such, the EPA is proposing an annual average benzene

concentration standard at the refinery fence line, measured using 2-week integrated samples

placed around the refinery fence line perimeter.

Residual Risk Assessment

 The Clean Air Act requires the EPA to assess the risk remaining after the requirements of final

air toxic standards have been implemented. This is known as a residual risk assessment.

 The residual risk assessment includes the following analyses:

o estimates of individual source category risk;

o risk estimates from all air toxics emissions at a facility (“total facility risk”);

o risk estimates of cumulative source category risks;

o risk estimates based on the actual emissions reported as emitted; and

o risk estimates based on emissions allowed by the current air toxics standards.

 The EPA’s risk assessment found that when petroleum refineries fully comply with the current

emission standards, the risks are acceptable. The EPA is requesting comment on its proposed

determination that risks are acceptable. To provide an ample margin of safety, the EPA is also

proposing to upgrade storage tank controls and applicability thresholds to require controls on

smaller tanks.

BACKGROUND

 The Clean Air Act (CAA) directs the agency to assess the risk remaining (i.e., residual risk) after the

application of the maximum achievable control technology (MACT) standards and to promulgate

additional standards, if required, to provide an ample margin of safety to protect health or prevent an

adverse environmental effect.

 In addition, the CAA requires the agency to review and to revise the MACT, if necessary, taking into

account developments in practices, processes and control technologies (i.e., technology review).
 A major source facility emits or has the potential to emit 10 or more tpy of any single air toxic, or 25

tpy or more of any combination of air toxics.

 To determine the emission limits, the EPA gathered information on petroleum refineries through a

comprehensive information collection request, review of previously collected information, current

literature, and meetings with and information shared by industry and the industry trade association.

 To examine potential environmental justice issues, the EPA performed a demographic analysis of

individuals living near petroleum refineries for different social, demographic and economic groups.

Of the population of people most at risk from refinery emissions, about half are minorities (or about

twice the percentage of minorities in the general population).

 On 9/27/12, the EPA received a mandatory duty lawsuit, filed by several environmental groups,

concerning a schedule for the mandatory review of Refinery MACT 1 and 2 standards. The EPA

reached a settlement agreement with the litigants. Filed January 13, 2014, in the U.S. Court of

Appeals for the District of Columbia Circuit, the consent decree commits the EPA to perform the

risk and technology review for Refinery MACT 1 and 2 and to propose by May 15, 2014, and

promulgate final standards by April 17, 2015, either updating the MACT standards or finding that

such revisions are unnecessary.

HOW TO COMMENT

The EPA will accept comment on the proposal for 60 days after publication in the Federal Register.

Comments, identified by Docket ID No. EPA-HQ-OAR-2010-0682, may be submitted by one of the

following methods:

 www.regulations.gov: follow the online instructions for submitting comments.

 Email: Comments may be sent by electronic mail (email) to a-and-r-Docket@epa.gov.

 Fax: Fax your comments to: (202) 566-9744.

 Mail: Send your comments to:

Air and Radiation Docket and Information Center,

Environmental Protection Agency, Mail Code: 2822T

1200 Pennsylvania Ave., NW

Washington, DC 20460

 Hand Delivery or Courier: Deliver your comments to:

EPA Docket Center

1301 Constitution Ave., NW

Room 3334

Washington, DC 20004

Such deliveries are only accepted during the Docket’s normal hours of operation and special

arrangements should be made for deliveries of boxed information.

FOR MORE INFORMATION

 Interested parties can download the notice from EPA's web site at the following address:

http://www.epa.gov/ttn/atw/petref.html.

 The final rule and other background information are also available either electronically at

http://www.regulations.gov, EPA’s electronic public docket and comment system, or in hard copy at

the EPA Docket Center’s Public Reading Room.

 The Public Reading Room is located in the EPA Headquarters Library, Room Number

3334 in the EPA West Building, located at 1301 Constitution Avenue, NW, Washington,

DC. Hours of operation are 8:30 a.m. to 4:30 p.m. eastern standard time, Monday through

Friday, excluding federal holidays.

 Visitors are required to show photographic identification, pass through a metal detector

and sign the EPA visitor log. All visitor materials will be processed through an X-ray
machine, as well. Visitors will be provided a badge that must be visible at all times.

 Materials for this action can be accessed using Docket ID No. EPA-HQ-OAR-2010-

0682.

 For further information, contact Brenda Shine of the EPA’s Office of Air Quality Planning and

Standards by phone at (919) 541-3608, or by email at shine.brenda@epa.gov.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

RESEARCH TRIANGLE PARK, NC 27711

June 3, 2014

Dear Tribal Leader:

The purpose of this letter is to provide you with updated information about the U.S. Environmental 

Protection Agency’s review of the national emission standards for hazardous air pollutants (NESHAP) 

for petroleum refineries and to invite you to consult, should you believe that your tribe could be affected 

by these standards. I had previously extended an offer of consultation during our development of the 

rule in 2011. At this time, we have proposed the rules for public comment, and would like to renew our 

offer for further consultation during this public comment period.

The Clean Air Act (CAA) requires that every 8 years the EPA review existing standards, specifically, 

the NESHAP (under CAA sections 112 (d) and 112(f)) that addresses toxic air pollutants from 

petroleum refinery operations. On May 15, 2014, the Environmental Protection Agency (EPA) issued a 

proposed rule that would further control toxic air emissions from petroleum refineries. This proposed 

rule is based on the risk and technology review of two emissions standards already in place at refineries: 

the National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries (Refinery 

MACT 1) and the National Emission Standards for Hazardous Air Pollutants for Petroleum Refineries: 

Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units (Refinery MACT 2). 

The proposed rule also includes technical corrections and clarifications to the 2008 Petroleum Refinery 

New Source Performance Standards (NSPS). The EPA is proposing these NSPS edits now in an effort to 

improve consistency and to provide clarity for sources that are regulated under both the NSPS and 

Refinery MACT 2.

Because the standards apply to petroleum refineries located within or near Indian country, the agency 

believes it is important to offer consultation with federally recognized tribes. The EPA expects the 

proposed rules to improve environmental protection within Indian country and nationwide. However, to 

ensure that your lands and interests are protected, we are prepared to consult with you or your designee 

should you desire. If you would like to initiate government- to- government consultation with the EPA, 

please contact Brenda Shine at (919) 541-3608, e-mail: shine.brenda@epa.gov or Toni Colon at (919) 

541-0069, e-mail: colon.toni@epa.gov. 

OFFICE OF

AIR QUALITY PLANNING

AND STANDARDS
We have enclosed a copy of a fact sheet outlining our action. Also for more information on the rule 

please visit: http://www.epa.gov/ttn/atw/petref.html. We request your input to assure we promulgate the 

best rule possible. We endeavor to conduct our efforts with sensitivity to the needs and culture of your 

tribe and with attention to the potential impact of our actions. We look forward to receiving your input.

Sincerely,

 /s/

Peter Tsirigotis

Director

Sector Policies and Programs Division

cc: Tribal Environmental Director

 Tribal Environmental

Enclosure: Fact Sheet