81950 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Proposed Rules 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management, 

Regulation and Enforcement 

30 CFR Part 250 

[Docket ID: BOEM–2010–0042] 

Flaring Versus Venting To Reduce 

Greenhouse Gas Emissions in the 

Outer Continental Shelf; Public 

Workshop 

AGENCY: Bureau of Ocean Energy 

Management, Regulation and 

Enforcement (BOEMRE), Interior. 

ACTION: Public workshop. 

SUMMARY: Bureau of Ocean Energy 

Management, Regulation and 

Enforcement is announcing a workshop 

to discuss possible new requirements on 

flaring versus venting of natural gas in 

the Outer Continental Shelf (OCS), 

when such atmospheric release of 

natural gas is necessary and in 

compliance with regulations. The main 

focus of this workshop will be aimed at 

the potential reduction of Greenhouse 

Gas (GHG) emissions. 

DATES: The workshop will be held on 

Wednesday, March 30, 2011, from 

9 a.m. to 12 p.m. 

ADDRESSES: The workshop will be held 

at 1201 Elmwood Park Blvd., New 

Orleans, Louisiana. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Robin Vaughn at (504) 736–2675 or 

robin.vaughn@boemre.gov. 

SUPPLEMENTARY INFORMATION: 

Subpart K Rulemaking 

On March 6, 2007, the U.S. 

Department of the Interior (Department) 

published a Notice of Proposed 

Rulemaking (NPR) in the Federal 

Register (72 FR 9884). This NPR 

requested comments on proposed 

revisions to 30 CFR part 250, subpart K, 

Oil and Gas Production Requirements. 

The Department conducted analyses to 

assess the costs and benefits of requiring 

flare/vent meters and of requiring 

flaring instead of venting. 

• The first analysis supported the 

recommendation to require meters, 

provided that the facilities process more 

than 2,000 barrels of oil per day (BOPD). 

This requirement was included in the 

final rule, published on April 19, 2010, 

in the Federal Register (75 FR 20271), 

Oil and Gas Production Requirements, 

at 30 CFR part 250, subpart K. 

• The second analysis indicated that 

a regulatory change to require flaring 

instead of venting may be appropriate. 

However, the cost of implementing this 

requirement could be significant, and 

input from potentially affected parties is 

necessary. We requested comments on 

this issue in the proposed rule. 

• Commenters pointed out that 

converting existing facilities that are 

equipped to vent natural gas to be able 

to flare natural gas may require 

significant redesign for safety. 

• They also pointed out that there are 

many factors in determining whether to 

flare natural gas or vent natural gas 

when designing a facility. These factors 

include the operating philosophy, 

nature and type of reservoir, facility 

design limitations or capabilities, 

operating practices, safety, and 

economics. 

• Industry comments also 

recommended that, in addition to 

considering requiring flaring instead of 

venting, BOEMRE should work with 

them to find ways to reduce overall 

natural gas emissions. 

• Industry representatives also stated 

that a requirement for flaring instead of 

venting should be only for new 

facilities. 

Request for a Workshop 

Commenters requested that BOEMRE 

hold a workshop to discuss the issue. 

BOEMRE plans to work directly with 

interested parties to study the costs and 

benefits (especially GHG benefits) of 

requiring that companies flare the 

natural gas, whenever possible, when 

flaring or venting is necessary. 

Therefore, we are holding a workshop 

to discuss the issue of flaring instead of 

venting. This workshop and additional 

cost-benefit analysis will consider GHG 

issues associated with flaring and 

venting. The workshop will assist 

BOEMRE to determine how to best 

implement a General Accounting Office 

(GAO) recommendation (see GAO 

Report below). 

Proposed Rulemaking 

BOEMRE will decide how to move 

forward with rulemaking on flaring 

natural gas after we hold the workshop. 

Our next step would likely be a 

proposed rule. 

GAO Report 

In July 2004, the GAO issued a report 

on world-wide emissions from vented 

and flared natural gas titled, Natural 

Gas Flaring and Venting—Opportunities 

to Improve Data and Reduce Emissions 

(GAO–04–809). This report is available 

on the GAO Web site at: http:// 

www.gao.gov/new.items/d04809.pdf. 

This report reviewed the flaring and 

venting data available, the extent of 

flaring and venting, their contributions 

to GHG emissions, and opportunities for 

the Federal Government to reduce 

flaring and venting. 

The report concluded that more 

accurate records were needed on flaring 

and venting to determine the amount of 

the resource that is lost and the volume 

of GHG emissions these practices 

contribute to the atmosphere each year. 

The report also stated that the impact of 

methane (a naturally occurring gas 

released during venting) on the earth’s 

atmosphere is about 23 times greater 

than that of carbon dioxide (a byproduct 

of flaring). The GAO made two 

recommendations to the Secretary of the 

Interior: (1) consider the cost and 

benefit of requiring that companies flare 

the natural gas, whenever possible, 

when flaring or venting is necessary; 

and (2) consider the cost and benefit of 

requiring that companies use flaring and 

venting meters to improve oversight. In 

addition, there was a recommendation 

to the Secretary of Energy to consider 

consulting with the Environmental 

Protection Agency (EPA), BOEMRE, and 

Bureau of Land Management, on how to 

best collect separate statistics on flaring 

and venting. In 2005, BOEMRE 

performed a cost-benefit analysis on the 

possible requirement to flare instead of 

vent. The agency determined that it was 

not appropriate to mandate flaring at 

that time, but noted that this topic 

would be pursued further. In light of 

developments since 2005, BOEMRE has 

determined that a workshop to hear 

public concerns is appropriate and a 

new cost-benefit analysis is needed. 

Note also that the other two GAO 

recommendations (to consider a 

requirement to install flare/vent meters 

and to consider a requirement to report 

flare volumes separately from vent 

volumes) were implemented via the 

April 19, 2010, publication of 

regulations at 30 CFR Part 250, subpart 

K (75 FR 20271). 

Oil and Gas Industry Contributions to 

GHG Emissions in the Federal OCS 

Most natural gas production involves 

extracting natural gas from wells drilled 

into underground gas reservoirs; 

however, some natural gas is generated 

as a by-product of oil production. 

During oil and natural gas production, 

it may become necessary to burn or 

release natural gas for a number of 

operational reasons, including safety. 

These operations may be associated 

with unloading or cleaning of a well, 

production testing, or relieving system 

pressure during equipment failure. The 

controlled burning of natural gas is 

called flaring, while the controlled 

release of unburned gases directly into 

the atmosphere is called venting. Most 

flaring and venting occurs at the end of 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Proposed Rules 81951 

a flare stack or boom which ensures that 

natural gas can be safely disposed of in 

emergency and shutdown situations. It 

is virtually impossible to produce oil 

and natural gas without any flaring or 

venting, and it would be impractical to 

shut in production every time an upset 

occurs. It is estimated that operators in 

the Gulf of Mexico OCS flare and vent 

less than 0.5 percent of the gas 

produced, making this area a world 

leader in the conservation of natural gas 

resources. 

BOEMRE regulates air emissions as 

mandated by the OCS Lands Act. Under 

the 1990 Clean Air Act Amendments, 

BOEMRE has jurisdiction over Gulf of 

Mexico OCS emission sources westward 

of 87°30′ W longitude, and the EPA has 

jurisdiction over those eastward of 

87°30′ W longitude. The EPA also has 

jurisdiction over emissions in the OCS 

of Alaska, the Atlantic, and the Pacific. 

BOEMRE regulates OCS emissions to 

assure compliance with the National 

Ambient Air Quality Standards and to 

prevent significant air quality 

deterioration in onshore areas. BOEMRE 

regulates activities that have the 

potential to affect air quality at the 

onshore areas. 

Both flaring and venting on the OCS 

are highly regulated by BOEMRE. 

Federal regulations at 30 CFR 250, 

subpart K specify the limited 

circumstances under which offshore oil 

and gas operators may flare or vent 

natural gas. In the Federal OCS, 

BOEMRE requires operators to 

continuously record these volumes and 

report them each month. These 

regulations strictly limit the amount of 

time operators may flare or vent. In 

some cases, operators request additional 

time in order to complete equipment 

repairs. BOEMRE evaluates each of 

these requests on a case-by-case basis, 

primarily focusing on environmental, 

safety, and conservation aspects. 

BOEMRE also performs onshore air 

quality impacts analyses to prevent 

significant onshore air quality 

deterioration from OCS activities. 

BOEMRE continuously strives to 

improve its oversight of OCS flaring and 

venting. New regulations, published in 

April 2010, require operators to install 

flare/vent meters on large platforms and 

also to report gas flared separately from 

gas vented. These regulatory changes 

will provide more accurate 

measurements of GHG emissions. 

Given the existing restrictions on OCS 

flaring and venting, there is minimal 

opportunity to further reduce the overall 

volume of gas flared and vented. 

However, the global warming potential 

of GHG emissions could be reduced if 

BOEMRE were to require operators to 

flare instead of vent (when the release 

of natural gas is necessary). Such a 

requirement would reduce the global 

warming potential of GHG emissions by 

converting most methane to carbon 

dioxide as it is released. The workshop 

will address this topic. 

It is difficult to estimate the impact 

that flaring instead of venting would 

have on GHG emissions until BOEMRE 

gathers the more accurate data required 

by new regulations (which require the 

installation of flare/vent meters and the 

separate reporting of flare and vent 

volumes). Furthermore, it is impractical, 

if not impossible, to eliminate all 

venting. Even if 100 percent of the 

released OCS gas could be flared instead 

of vented, the impact on total U.S. GHG 

emissions would be very small. 

In 2008, U.S. GHG emissions totaled 

7.668 x 109 tons of carbon dioxide 

equivalent (CO2e). Of that total, only 

30.9 x 106 tons of CO2e, or 0.40 percent, 

were related to OCS oil and gas 

production (including platform and 

non-platform sources), and flaring and 

venting activities represent only a 

fraction of that amount. 

Based on several assumptions, 

estimates, and existing analyses, 

BOEMRE roughly approximated the 

impact that might occur if it were to 

mandate flaring over venting. These 

estimates indicate that such a 

requirement would reduce total U.S. 

GHG emissions by less than 0.05 

percent. However, the accuracy of these 

estimates will improve over the next 

few years now that regulations at 30 

CFR part 250, subpart K have been 

implemented. Reported OCS flare and 

vent volumes could increase or decrease 

based solely on improved reporting 

accuracy. In any event, further analysis 

may shed light on whether flaring rather 

than venting natural gas is cost effective 

from a GHG perspective, even if the 

total amount of GHGs is small. 

Workshop Presentations 

In order to assist BOEMRE, assess the 

need for regulations on this topic, and 

ascertain the framework for any such 

regulations, interested parties are 

encouraged to register for the workshop 

and present their recommendations on 

the following topics: 

• The impact of flaring versus venting 

on GHG emissions; 

• If BOEMRE requires flaring instead 

of venting, whether this mandate should 

apply to all (new and existing) facilities, 

apply only to facilities emitting above a 

certain threshold, and what acceptable 

threshold levels should be; 

• Technical and/or economical 

feasibility of retrofitting some or all 

existing facilities with flare tips; 

• Flare tip technology and/or 

combustion efficiency; 

• Emissions reduction; 

• Existing worldwide best practices 

that could reduce GHG emissions from 

flaring and venting; 

• Safety issues associated with 

requiring flaring instead of venting on 

OCS facilities; 

• Variables and/or methods that 

should be used to evaluate the cost 

versus benefit of flaring instead of 

venting; and 

• Equipment (specific components) 

that have to emit natural gas locally 

instead of the gas being routed to a flare 

tip due to safety, practical, or other 

reasons, as well as acceptable/or 

recommended volumes of natural gas 

emissions that would be associated with 

this equipment. 

Note that the primary focus of this 

workshop will be to receive feedback 

from all interested and potentially 

affected parties in advance of any 

rulemaking. BOEMRE anticipates that 

the agenda of the workshop will be 

predominantly presentations by those 

interested parties in order for BOEMRE 

to receive their input. In order to 

present at and/or attend this workshop, 

you must register in advance. 

Registration: There is no registration 

fee for this workshop. However, to 

assess the number of participants, 

BOEMRE requests participants to 

register with Ms. Robin Vaughn by 

phone at (504) 736–2675, or by e-mail 

at robin.vaughn@boemre.gov, prior to 

the meeting. The deadline to register is 

February 28, 2011. Seating is limited 

and the number of attendees from each 

organization may have to be restricted. 

• BOEMRE encourages you to submit 

your presentations and/or attend the 

workshop. 

• We will also consider any questions 

submitted in advance so that the 

workshop can focus on key topics. 

Please submit the above to Ms. Robin 

Vaughn (robin.vaughn@boemre.gov) by 

February 28, 2011. You may also submit 

written comments for BOEMRE’s 

consideration up to 30 days after the 

conclusion of this workshop. Written 

comments should be submitted to 

http://www.regulations.gov. In the entry 

entitled ‘‘Enter Keyword or ID,’’ enter 

Docket ID BOEM–2010–0042 then click 

search. Follow the instructions to 

submit public comments and view 

supporting and related materials 

available for this notice. BOEMRE will 

post all comments. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
81952 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Proposed Rules 

Paperwork Reduction Act of 1995 

(PRA) Statement 

This Federal Register Notice does not 

refer to or impose any information 

collection subject to the PRA. 

Dated: November 9, 2010. 

L. Renee Orr, 

Acting Associate Director for Offshore Energy 

and Minerals Management. 

[FR Doc. 2010–32674 Filed 12–28–10; 8:45 am] 

BILLING CODE 4310–MR–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 201 

[Docket No. RM 2010–5] 

Gap in Termination Provisions 

AGENCY: Copyright Office, Library of 

Congress. 

ACTION: Notice of inquiry: Extension of 

comment period 

SUMMARY: The Copyright Office of the 

Library of Congress is extending the 

time in which comments can be filed in 

response to its Notice of Proposed 

Rulemaking to amend its regulations 

governing notices of termination of 

certain grants of transfers and licenses 

of copyright under section 203 of the 

Copyright Act of 1976. 

DATES: Comments must be received on 

or before January 24, 2011. 

ADDRESSES: The Copyright Office 

strongly prefers that comments be 

submitted electronically. A comment 

page containing a comment form is 

posted on the Copyright Office Web site 

at http://www.copyright.gov/docs/ 

termination. The Web site interface 

requires submitters to complete a form 

specifying name and organization, as 

applicable, and to upload comments as 

an attachment via a browse button. To 

meet accessibility standards, all 

comments must be uploaded in a single 

file in either the Adobe Portable 

Document File (PDF) format that 

contains searchable, accessible text (not 

an image); Microsoft Word; 

WordPerfect; Rich Text Format (RTF); or 

ASCII text file format (not a scanned 

document). The maximum file size is 6 

megabytes (MB). The name of the 

submitter and organization should 

appear on both the form and the face of 

the comments. All comments will be 

posted publicly on the Copyright Office 

Web site exactly as they are received, 

along with names and organizations. If 

electronic submission of comments is 

not feasible, please contact the 

Copyright Office at 202–707–0796 for 

special instructions. 

FOR FURTHER INFORMATION CONTACT: 

David O. Carson, General Counsel, 

Copyright GC/I&R, P.O. Box 70400, 

Washington, DC 20024. Telephone: 

(202) 707–8380. Telefax: (202) 707– 

8366. 

SUPPLEMENTARY INFORMATION: On 

November 26, 2010, the Copyright 

Office published a notice of proposed 

rulemaking and request for comments 

relating to recordation of notices of 

termination of transfers of copyright 

under Section 203 of the Copyright Act 

in circumstances where a grant was 

agreed to prior to January 1, 1978, but 

the work in question was created on or 

after January 1, 1978. The notice stated 

that comments would be due on 

December 27, 2010. 

The Office has been contacted by 

representatives of interested parties who 

have stated that in light of the 

complexity of the issues raised in the 

notice and in light of the holidays, they 

request an extension of time to submit 

comments in order to more thoroughly 

analyze the issues. 

Although the Register of Copyrights 

had hoped to issue a final rule by the 

end of this year, the Office wants to 

ensure that interested parties are given 

sufficient time to formulate and submit 

their views. Accordingly, the deadline 

for submission of comments is being 

extended to Monday, January 24, 2011. 

Dated: December 22, 2010. 

David O. Carson, 

General Counsel. 

[FR Doc. 2010–32864 Filed 12–28–10; 8:45 am] 

BILLING CODE 1410–30–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 85, 86, 1036, 1037, 1065, 

1066, and 1068 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Parts 523, 534, and 535 

[EPA–HQ–OAR–2010–0162; FRL–9219–4; 

NHTSA 2010–0079] 

RIN 2060–AP61; RIN 2127–AK74 

Greenhouse Gas Emissions Standards 

and Fuel Efficiency Standards for 

Medium- and Heavy-Duty Engines and 

Vehicles 

AGENCIES: Environmental Protection 

Agency (EPA) and National Highway 

Traffic Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Proposed rules; correction. 

SUMMARY: NHTSA and EPA published 

in the Federal Register of November 30, 

2010, proposed rules to establish a 

comprehensive Heavy-Duty National 

Program that will increase fuel 

efficiency and reduce greenhouse gas 

emissions for on-road heavy-duty 

vehicles, responding to the President’s 

directive on May 21, 2010, to take 

coordinated steps to produce a new 

generation of clean vehicles. That 

document inadvertently contained some 

incorrect fuel consumption values in 

NHTSA-specific tables in the preamble 

that resulted from using an incorrect 

conversion factor for determining CO2

emissions to equivalent fuel 

consumption for gasoline fuel. That 

document also contained some 

rounding errors in NHTSA-specific 

tables in the preamble. This document 

corrects the rounding errors by adopting 

a uniform rounding approach for all fuel 

consumption equivalents for those 

NHTSA-specific tables and makes the 

appropriate corrections to the 

conversions. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Yoon, Office of Chief Counsel, 

National Highway Traffic Safety 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

Telephone: (202) 366–2992. 

SUPPLEMENTARY INFORMATION: NHTSA 

and EPA published in the Federal 

Register of November 30, 2010, 

proposed rules to establish a 

comprehensive Heavy-Duty National 

Program that will increase fuel 

efficiency and reduce greenhouse gas 

emissions for on-road heavy-duty 

vehicles, responding to the President’s 

directive on May 21, 2010, to take 

coordinated steps to produce a new 

generation of clean vehicles. That 

document inadvertently contained some 

incorrect fuel consumption values in 

NHTSA-specific tables in the preamble 

that resulted from using an incorrect 

conversion factor for determining CO2

emissions to equivalent fuel 

consumption for gasoline fuel. The 

correct values that should have been 

used in the document are a factor of 

1,018 grams of CO2 per gallon of diesel 

for conversion of diesel fuel, and a 

factor of 8,887 grams of CO2 per gallon 

of gasoline for gasoline. 

That document also contained some 

rounding errors in NHTSA-specific 

tables in the preamble. This document 

corrects the rounding errors by adopting 

a uniform rounding approach for all fuel 

consumption equivalents and makes the 


srobinson on DSKHWCL6B1PROD with PROPOSALS