8742 Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Proposed Rules 

1CAA section 184(a) establishes a single OTR 

comprised of 11 eastern states (including Maryland) 

and the Consolidated Metropolitan Statistical Area 

(CMSA) that includes the District of Columbia. 

2EPA took final action to approve Maryland’s SIP 

revision addressing VOC RACT requirements 

(including the other CTGs) for the 2008 8-hour 

ozone NAAQS on February 20, 2019. See 84 FR 

5004. 

3The CTG is available at https://www.epa.gov/ 

sites/production/files/2016-10/documents/2016-ctgoil-and-gas.pdf and is also included in the docket 

for this action. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2020–0528; FRL–10018– 

15–Region 3] 

Air Plan Approval; Maryland; Negative 

Declaration for the Oil and Gas 

Industry 

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 Maryland. 

This revision provides Maryland’s 

determination, via a negative 

declaration, that there are no sources 

within its borders subject to EPA’s 2016 

Oil and Natural Gas Control Techniques 

Guidelines (2016 Oil and Gas CTG). 

This action is being taken under the 

Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before March 11, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2020–0528 at https://

www.regulations.gov, or via email to 

gordon.mike@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, 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. 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, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

David Talley, Planning & 

Implementation Branch (3AD30), Air & 

Radiation Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. The telephone number is (215) 

814–2117. Mr. Talley can also be 

reached via electronic mail at 

talley.david@epa.gov. 

SUPPLEMENTARY INFORMATION: On June 

18, 2020, the Maryland Department of 

the Environment (MDE) submitted the 

negative declaration for the 2016 Oil 

and Gas CTG as a revision to the 

Maryland SIP. 

I. Background 

The CAA regulates emissions of 

nitrogen oxides (NOX) and volatile 

organic compounds (VOCs) to prevent 

photochemical reactions that result in 

ozone formation. Reasonably available 

control technology (RACT) is a strategy 

for reducing NOX and VOC emissions 

from stationary sources within areas not 

meeting the National Ambient Air 

Quality Standards (NAAQS) for ozone. 

EPA has consistently defined ‘‘RACT’’ 

as the lowest emission limit that a 

particular source is capable of meeting 

by the application of the control 

technology that is reasonably available 

considering technological and economic 

feasibility. 

Control Technique Guidelines (CTGs) 

and Alternative Control Techniques 

(ACTs) form important components of 

the guidance that EPA provides to states 

for making RACT determinations. CTGs 

are used to presumptively define VOC 

RACT for applicable source categories. 

CAA section 182(b)(2)(A) requires that 

for ozone nonattainment areas classified 

as moderate or above, states must revise 

their SIPs to include provisions to 

implement RACT for each category of 

VOC sources covered by a CTG 

document. CAA section 184(b)(1)(B) 

extends the RACT obligation to all areas 

of states within the Ozone Transport 

Region (OTR), including Maryland.1

States subject to RACT requirements 

are required to enact controls for 

sources subject to CTGs that are at least 

as stringent as those found within the 

CTG either via the adoption of 

regulations, or by issuance of single 

source permits that outline what the 

source is required to do to meet RACT.2

On March 6, 2016 (80 FR 12264), EPA 

issued a final rule entitled 

‘‘Implementation of the 2008 National 

Ambient Air Quality Standards for 

Ozone: State Implementation Plan 

Requirements’’ (2008 Ozone 

Implementation Rule). In the preamble 

to the final rule, EPA makes clear that 

if there are no sources covered by a 

specific CTG source category located in 

an ozone nonattainment area or an area 

in the OTR, the state may submit a 

negative declaration for that CTG. See 

80 FR 12264, 12278. 

On October 27, 2016 (81 FR 74798), 

EPA published in the Federal Register 

the ‘‘Release of Final Control 

Techniques Guidelines for the Oil and 

Natural Gas Industry,’’ (2016 Oil and 

Gas CTG).3 This CTG provided 

information to state, local, and tribal air 

agencies to assist in determining RACT 

for VOC emissions from certain VOC 

emission source within the oil and 

natural gas industry. The 2016 Oil and 

Gas CTG replaces an earlier 1983 CTG 

entitled ‘‘Control of Volatile Organic 

Compound Equipment Leaks from 

Natural Gas/Gasoline Processing Plants. 

December 1983.’’ EPA–450/3–83–007 

(1983 CTG) 49 FR 4432; February 6, 

1984. See 2016 Oil and Gas CTG, p. 8– 

1. 

II. Summary of SIP Revision and EPA 

Analysis 

The 2016 Oil and Gas CTG divides the 

industry into four segments: Production, 

processing, transmission and storage, 

and distribution. The transmission and 

storage sector includes compressor 

stations, pipelines and storage facilities. 

The distribution sector is the final step 

in delivering natural gas to customers 

and includes gas mains and service 

pipelines. See CTG p. 3–1; see also CTG 

pp. 3–1 through 3–3 for a brief 

explanation of each segment. However, 

not all four segments of the industry are 

subject to the requirements of the CTG. 

The CTG covers select sources of VOC 

emissions in the onshore production 

and processing segments of the oil and 

natural gas industry (i.e., pneumatic 

controllers, pneumatic pumps, 

compressors, equipment leaks, fugitive 

emissions) and storage vessel VOC 

emissions in all segments (except 

distribution) of the oil and natural gas 

industry. These sources were selected 

for RACT recommendations because 

current information indicates that they 

are significant sources of VOC 

emissions. 

According to Maryland’s June 18, 

2020 submittal, MDE conducted a 

review of potential sources subject to 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Proposed Rules 8743 

4See pp. 1–3 of Maryland’s submittal, included 

in the docket for this rulemaking action. 

5See pp. 1–3 of Maryland’s submittal, included 

in the docket for this rulemaking action. 

the 2016 Oil and Gas CTG. This review 

consisted of a search of Maryland’s oil 

and gas well records, air permit records, 

EPA greenhouse gas reporting records, 

and the Standard Industrial 

Classification (SIC) system.4 MDE’s 

search identified a total of 13 facilities 

in Maryland operating in the 

production, processing, or transmission 

and storage segments of the oil and 

natural gas industry. However, none of 

these facilities met or exceeded the 

applicability criteria of the CTG.5 MDE 

identified five facilities in the natural 

gas transmission sector, but determined 

that none of them had storage tanks 

with the potential to emit (PTE) more 

than 6 tons per year (tpy) of VOCs, 

which is the threshold for applicability 

of the CTG. Additionally, MDE 

identified eight active individual 

production wells. None of these 

exceeded the 15 barrel equivalents per 

day per well threshold for CTG 

applicability. Further, none of the 

production wells were determined to 

operate pneumatic pumps or 

controllers, or compressors. Finally, 

with respect to fugitive emissions, none 

of the wells exceed the applicability 

threshold of a gas to oil ratio (GOR) of 

300 or greater. 

III. Proposed Action 

EPA’s review of this material 

indicates that it meets all applicable 

CAA requirements, including CAA 

sections 182(b)(2)(A) and 184(b)(1)(B), 

and that MDE has satisfactorily 

demonstrated that there are no sources 

operating in Maryland subject to the 

2016 Oil and Gas CTG. EPA is 

proposing to approve Maryland’s June 

18, 2020 negative declaration SIP 

submittal as a revision to the Maryland 

SIP. EPA is soliciting public comments 

on Maryland’s negative declaration, 

including the adequacy of MDE’s search 

and analysis of the CTG applicability 

criteria. Comments concerning the 

adequacy of the 2016 Oil and Gas CTG 

itself are not germane to this action and 

will not be considered. Relevant 

comments will be considered before 

taking final action. 

IV. 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 approves 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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because this is not a ‘‘significant 

regulatory action’’ 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, pertaining to Maryland’s 

negative declaration for the 2016 Oil 

and Gas CTG, does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because the SIP is not approved 

to apply in Indian country located in the 

State, and EPA notes that it will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Ozone, Volatile organic 

compounds. 

Dated: February 3, 2021. 

Diana Esher, 

Acting Regional Administrator, Region III. 

[FR Doc. 2021–02619 Filed 2–8–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2020–0598; FRL–10018– 

68–Region 3] 

Air Plan Approval; Pennsylvania; 

Reasonably Available Control 

Technology (RACT) Determinations for 

Case-by-Case Sources Under the 2008 

8-Hour Ozone National Ambient Air 

Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

multiple state implementation plan 

(SIP) revisions submitted by the 

Commonwealth of Pennsylvania. These 

revisions were submitted by the 

Pennsylvania Department of 

Environmental Protection (PADEP) to 

establish and require reasonably 

available control technology (RACT) for 

major sources of volatile organic 

compounds (VOC) and nitrogen oxides 

(NOX) pursuant to the Commonwealth 

of Pennsylvania’s conditionally 

approved RACT regulations. In this 

rulemaking action, EPA is only 

proposing to approve source specific 

(also referred to as ‘‘case-by-case’’) 

RACT determinations for nine major 

sources located in Philadelphia County. 

These RACT evaluations were 

submitted to meet RACT requirements 

for the 2008 8-hour ozone national 

ambient air quality standards (NAAQS). 

This action is being taken under the 

Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before March 11, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2020–0598 at https://

www.regulations.gov, or via email to 

opila.marycate@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 


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