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[Federal Register Volume 81, Number 36 (Wednesday, February 24, 2016)]
[Rules and Regulations]
[Pages 9109-9113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03623]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 49

[EPA-HQ-OAR-2014-0606; FRL-9942-64-OAR]
RIN 2060-AS27

Review of New Sources and Modifications in Indian Country: 
Extension of Permitting and Registration Deadlines for True Minor 
Sources Engaged in Oil and Natural Gas Production in Indian Country

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is issuing three 
final amendments to the ``Federal Minor New Source Review (NSR) Program 
in Indian Country'' (we refer to this rule as the ``Federal Indian 
Country Minor NSR rule''). We are amending the Federal Indian Country 
Minor NSR rule to extend the NSR minor source permitting deadline for 
true minor sources in the oil and natural gas sector from March 2, 
2016, to October 3, 2016. We are also finalizing two amendments to 
conform the minor source registration deadline to the permitting 
deadline change.

DATES: The final rule is effective on February 24, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2014-0606. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available electronically through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact 
Mr. Christopher Stoneman, Outreach and Information Division, Office of 
Air Quality Planning and Standards (C304-01), Environmental Protection 
Agency, Research Triangle Park, North Carolina 27711; telephone number 
(919) 541-0823; fax number (919) 541-0072; email address: 
stoneman.chris@epa.gov. For questions about the applicability of this 
action to a particular source, please contact the appropriate EPA 
Regional contact for your state:
     EPA Region 5 (Illinois, Indiana, Michigan, Minnesota, 
Ohio, and

[[Page 9110]]

Wisconsin)--Ms. Genevieve Damico, Air Permits Section, Environmental 
Protection Agency, Region 5, Mail Code AR-18J, 77 West Jackson 
Boulevard, Chicago, Illinois 60604; telephone (312) 353-4761; fax (312) 
385-5501; email address: damico.genevieve@epa.gov.
     EPA Region 6 (Arkansas, Louisiana, New Mexico, Oklahoma, 
and Texas)--Ms. Bonnie Braganza, Air Permits Section, Multimedia 
Permitting and Planning Division, Environmental Protection Agency 
Region 6, Mail Code 6MM, 1445 Ross Avenue, Suite 1200, Dallas, Texas 
75202; telephone number (214) 665-7340; fax number (214) 665-6762; 
email address: braganza.bonnie@epa.gov.
     EPA Region 8 (Colorado, Montana, North Dakota, South 
Dakota, Utah, and Wyoming)--Ms. Claudia Smith, Air Program, 
Environmental Protection Agency Region 8, Mail Code 8P-AR, 1595 Wynkoop 
Street, Denver, Colorado 80202; telephone number (303) 312-6520; fax 
number (303) 312-6520; email address: smith.claudia@epa.gov.
     EPA Region 9 (Arizona, California, Hawaii, Nevada, and 
Pacific Islands)--Ms. Lisa Beckham, Permits Office, Air Division, 
Environmental Protection Agency Region 9, AIR-3, 75 Hawthorn Street, 
San Francisco, California 94105; telephone number (415) 972-3811; fax 
number (415) 947-3579; email address: beckham.lisa@epa.gov.
     All other EPA Regions--Contact the permit reviewer for 
minor sources in Indian country for your EPA Region. You can find the 
list of the EPA permit reviewers at: http://www.epa.gov/air/tribal/tribalnsr.html. Scroll down to the heading, ``Existing Source 
Registration,'' and click on ``Reviewing Authority'' to access 
``Environmental Protection Agency's Reviewing Authorities for 
Permits.''

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this final rule include owners and 
operators of true minor emission sources in all industry groups 
planning to locate or already located in Indian country. Categories and 
entities potentially affected by this action are expected to include, 
but are not limited to, the following:

           Table 1--Source Categories Affected by This Action
------------------------------------------------------------------------
                                                  Examples of regulated
       Industry category         NAICS Code \a\  entities/description of
                                                    industry category
------------------------------------------------------------------------
Oil and Gas Production/                   21111  Exploration for crude
 Operations.                                      petroleum and natural
                                                  gas; drilling,
                                                  completing, and
                                                  equipping wells;
                                                  operation of
                                                  separators, emulsion
                                                  breakers, desilting
                                                  equipment, and field
                                                  gathering lines for
                                                  crude petroleum and
                                                  natural gas; and all
                                                  other activities in
                                                  the preparation of oil
                                                  and gas up to the
                                                  point of shipment from
                                                  the producing
                                                  property.
                                                 Production of crude
                                                  petroleum, the mining
                                                  and extraction of oil
                                                  from oil shale and oil
                                                  sands, the production
                                                  of natural gas, sulfur
                                                  recovery from natural
                                                  gas, and the recovery
                                                  of hydrocarbon liquids
                                                  from oil and gas field
                                                  gases.
Crude Petroleum and Natural Gas          211111  Exploration,
 Extraction.                                      development and/or the
                                                  production of
                                                  petroleum or natural
                                                  gas from wells in
                                                  which the hydrocarbons
                                                  will initially flow or
                                                  can be produced using
                                                  normal pumping
                                                  techniques or
                                                  production of crude
                                                  petroleum from surface
                                                  shales or tar sands or
                                                  from reservoirs in
                                                  which the hydrocarbons
                                                  are semisolids.
Natural Gas Liquid Extraction..          211112  Recovery of liquid
                                                  hydrocarbons from oil
                                                  and gas field gases;
                                                  and sulfur recovery
                                                  from natural gas.
Drilling Oil and Gas Wells.....          213111  Drilling oil and gas
                                                  wells for others on a
                                                  contract or fee basis,
                                                  including spudding in,
                                                  drilling in,
                                                  redrilling, and
                                                  directional drilling.
Support Activities for Oil and           213112  Performing support
 Gas Operations.                                  activities on a
                                                  contract or fee basis
                                                  for oil and gas
                                                  operations (except
                                                  site preparation and
                                                  related construction
                                                  activities) such as
                                                  exploration (except
                                                  geophysical surveying
                                                  and mapping);
                                                  excavating slush pits
                                                  and cellars, well
                                                  surveying; running,
                                                  cutting, and pulling
                                                  casings, tubes, and
                                                  rods; cementing wells,
                                                  shooting wells;
                                                  perforating well
                                                  casings; acidizing and
                                                  chemically treating
                                                  wells; and cleaning
                                                  out, bailing, and
                                                  swabbing wells.
Engines (Spark Ignition and              2211**  Provision of electric
 Compression Ignition) for                        power to support oil
 Electric Power Generation.                       and natural gas
                                                  production where
                                                  access to the electric
                                                  grid is unavailable.
------------------------------------------------------------------------
\a\ North American Industry Classification System.

    This list is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be potentially affected 
by this action. To determine whether your facility could be affected by 
this action, you should examine the applicability criteria in the final 
Federal Minor NSR Program in Indian Country (40 Code of Federal 
Regulations (CFR) 49.153), as well as the proposed Federal 
Implementation Plan (FIP) applicability in 40 CFR 49.101.\1\ If you 
have any questions regarding the applicability of this action to a 
particular entity, contact the appropriate person listed in the FOR 
FURTHER INFORMATION CONTACT section.
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    \1\ ``Review of New Sources and Modifications in Indian Country: 
Federal Implementation Plan for Managing Air Emissions from True 
Minor Sources Engaged in Oil and Natural Gas Production in Indian 
Country,'' 80 FR 56554, September 18, 2015, http://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-21025.pdf.
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B. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this final rule will also be available on the World Wide Web. Following 
signature by the EPA Administrator, a copy of this final rule will be 
posted in the regulations and standards section of our NSR home page 
located at http://www.epa.gov/nsr and on the tribal NSR page at http://www.epa.gov/air/tribal/tribalnsr.html.

II. Background

    In July 2011, the EPA finalized a rule that includes a minor NSR 
permitting program for sources in Indian country and a major source NSR 
permitting program for sources in nonattainment areas of Indian 
country. The minor source part of the permitting program is officially 
titled the ``Federal Minor Source New Source Review Program in Indian 
Country,'' but we generally refer to it as the ``Federal Indian Country

[[Page 9111]]

Minor NSR rule.'' \2\ We call a permit issued under this program a 
minor NSR permit. Under the rule issued in 2011, new and modified minor 
sources and major sources that make minor modifications, located in 
reservation areas of Indian country and other areas of Indian country 
for which tribal jurisdiction has been demonstrated, were required to 
obtain a permit prior to beginning construction (a pre-construction 
permit) beginning on September 2, 2014. On June 16, 2014, we extended 
the NSR minor source permitting deadline for true minor sources in the 
oil and natural gas sector from September 2, 2014, to March 2, 2016.\3\
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    \2\ The Federal Indian Country Minor NSR rule is a component of 
``Review of New Sources and Modifications in Indian Country, Final 
Rule'' 76 FR 38747 (July 1, 2011) that applies to new and modified 
minor sources and minor modifications at major sources. It is 
codified at 40 CFR 49.151-49.161.
    \3\ ``Review of New Sources and Modifications in Indian Country 
Amendments to the Registration and Permitting Deadlines for True 
Minor Sources,'' U.S. Environmental Protection Agency, 79 FR 34231, 
June 16, 2014, https://www.gpo.gov/fdsys/pkg/FR-2014-06-16/pdf/2014-14030.pdf.
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    Pursuant to section 553(d)(3) of the Administrative Procedure Act, 
the EPA finds that there is good cause to make this final rule 
effective upon publication in the Federal Register. At present, 
beginning March 2, 2016, new and modified true minor oil and natural 
gas sources subject to the Federal Minor New Source Review Program in 
Indian Country must obtain a permit prior to commencing construction. 
On September 18, 2015, the EPA proposed a FIP that would, among other 
matters, serve to satisfy this requirement.\4\ The EPA believes that 
the extension of the March 2, 2016, deadline in today's final rule is 
necessary to avoid imposing an unnecessary regulatory burden on these 
sources pending the EPA taking final action on the proposed FIP. In the 
absence of the extension, new and modified true minor sources in the 
oil and natural gas sector would need to obtain source-specific 
permits, thereby incurring a significant and potentially unnecessary 
burden. In order to avoid this circumstance, given the immediacy of the 
March 2, 2016 deadline, the EPA is making today's final rule effective 
upon publication in the Federal Register.
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    \4\ ``Review of New Sources and Modifications in Indian Country: 
Federal Implementation Plan for Managing Air Emissions from True 
Minor Sources Engaged in Oil and Natural Gas Production in Indian 
Country,'' 80 FR 56554, September 18, 2015, http://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-21025.pdf.
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III. Purpose

    On September 18, 2015, the EPA published a notice of proposed 
rulemaking \5\ that included several amendments to the Federal Indian 
Country Minor NSR rule. In this action, we are finalizing only three of 
those amendments. We are finalizing the amendment to extend the 
permitting compliance deadline for true minor sources in the oil and 
natural gas sector operating or proposing to operate in reservation 
areas of Indian country and other areas of Indian country for which 
tribal jurisdiction has been demonstrated. We are also conforming the 
registration provisions to this extension with two additional 
amendments. We will address the other proposed changes to the Federal 
Indian Country Minor NSR rule, as well as the proposed FIP, in a 
separate final rulemaking. Today's changes are necessary to avoid the 
potentially unnecessary burden of sources in the oil and natural gas 
sector needing to obtain source-specific permits while we complete 
action on the proposed FIP. The changes will provide a level of 
certainty to the regulated industry, tribes and other parties pending 
completion of action on the proposed FIP.
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    \5\ ``Review of New Sources and Modifications in Indian Country: 
Federal Implementation Plan for Managing Air Emissions from True 
Minor Sources Engaged in Oil and Natural Gas Production in Indian 
Country,'' 80 FR 56554, September 18, 2015, http://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-21025.pdf.
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IV. What final action is the EPA taking on amendments to the Federal 
Indian Country Minor NSR rule?

    Today's final rule promulgates three amendments to the Federal 
Indian Country Minor NSR rule. We proposed other regulatory changes in 
our September 18, 2015, proposal, but are taking final action on only 
these three amendments.
    First, we are revising the deadline under Sec.  
49.151(c)(1)(iii)(B) by which new and modified true minor sources in 
the oil and natural gas sector that are located in (or planning to 
locate in) reservation areas of Indian country or other areas of Indian 
country for which tribal jurisdiction has been demonstrated must obtain 
a minor NSR permit prior to beginning construction. We are extending 
the deadline from March 2, 2016, to October 3, 2016, for all true minor 
sources (both new and modified true minor sources and minor 
modifications at existing major sources) within the oil and natural gas 
sector located in Indian country.\6\
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    \6\ Typically, sources in the oil and natural gas sources sector 
will be assigned to one of the following NAICS codes: 21111 Oil and 
gas production/operations; 211111 Crude petroleum and natural gas 
extraction; 211112 Natural gas liquid extraction; 213111 Drilling 
oil and gas wells; 213112 Support activities for oil and gas 
operations; and 221210 Natural gas distribution.
---------------------------------------------------------------------------

    Second, we are revising Sec.  49.151(c)(1)(iii)(A) to conform the 
registration deadline to the extended permitting deadline in Sec.  
49.151(c)(1)(iii)(B).
    Finally, we are revising Sec.  49.160(c)(1)(ii) to conform the 
registration deadline to the extended permitting deadline in Sec.  
49.151(c)(1)(iii)(B).

V. Summary of Significant Comments and Responses

    We received comments from three industry commenters on the 
permitting deadline extension (and associated registration 
requirements) in the September 18, 2015, proposed rule. The discussion 
below provides a summary of the comments, and our responses to those 
comments, that relate to the changes discussed in Section IV above and 
that we are addressing in today's final rule. The remaining comments on 
the September 18, 2015, proposed rule will be addressed in a separate 
final rulemaking.
    Two commenters supported the extension, while the third commenter 
was concerned that the extension would not provide adequate time to 
obtain required permits for affected facilities needing site-specific 
permits. The commenter maintained that turnaround times for site-
specific permits typically extend beyond one year, which is a timeframe 
that would make it impossible to meet the October 3, 2016, deadline. 
The commenter recommended that an extension of 18 months would be the 
minimum needed to provide a reasonable assurance that all permits will 
be issued before the deadline.
    The EPA is establishing October 3, 2016, as the revised permitting 
and registration deadline, and we do not believe that an extension 
beyond that date is necessary. The commenter has not provided any 
compelling information to indicate that a further extension is needed. 
Sources have been able to submit an application for a source-specific 
permit since the effective date of the Federal Indian Country Minor NSR 
rule. Therefore, in determining the length of the extension, we have 
not regarded as paramount whether the extension provides sufficient 
time to obtain a site-specific

[[Page 9112]]

permit. If a site-specific application is still in process after 
October 3, 2016, nothing in the FIP that EPA proposed on September 18, 
2015, would prevent such permit applications from proceeding past the 
extended date.
    The proposed FIP would apply to new true minor sources and minor 
modifications at existing true minor sources in the production segment 
of the oil and natural gas sector that are locating in or expanding on 
Indian reservations or in other areas of Indian country over which 
tribal jurisdiction has been demonstrated. The FIP, if finalized as 
proposed, would satisfy the minor source permitting requirement under 
the Federal Indian Country Minor NSR rule. The FIP proposes to require 
compliance with emission limitations and other requirements from 
certain federal emission standards as written at the time of 
construction or modification for a range of equipment and processes 
present at oil and natural gas production facilities. If the EPA 
finalizes the FIP before October 3, 2016, then we would have in place 
by October 3, 2016, a streamlined permitting option in the form of a 
FIP for new and modified oil and natural gas minor sources that want to 
construct or modify in Indian country.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. OMB has previously approved the information collection 
activities contained in the existing regulations and has assigned OMB 
control number 2060-0003. This action merely extends the deadline for 
when true minor sources in the oil and natural gas sector locating or 
located in areas covered by the Federal Minor New Source Review Program 
in Indian Country must obtain a site-specific minor source permit prior 
to commencing construction and register. It does not contain any new 
information collection activities.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden or otherwise has a positive economic effect on the small 
entities subject to the rule. The EPA analyzed the impact of 
streamlined permitting on small entities in promulgating the Federal 
Minor Source New Source Review Program in Indian Country (76 FR 38748, 
July 1, 2011). The EPA determined that that action would not have a 
significant economic impact on a substantial number of small entities. 
This action merely implements a particular aspect of the Federal Minor 
Source New Source Review Program in Indian Country. We have, therefore, 
concluded that this action will have no net regulatory burden for all 
directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate, as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector. It simply provides 
an extension for sources to comply with the Federal Minor Source New 
Source Review Program in Indian Country. The Federal Minor Source New 
Source Review Program in Indian Country (and not this action) imposes 
the obligation that true minor sources in areas covered by the rule 
obtain a minor source NSR permit. This action merely extends the 
deadline for meeting that obligation.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It would not 
have substantial direct effects on the states, on the relationship 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action has tribal implications. However, it will neither 
impose substantial direct compliance costs on federally recognized 
tribal governments, nor preempt tribal law. The EPA conducted outreach 
on the September 18, 2015, proposed rule via on-going monthly meetings 
with tribal environmental professionals. The EPA offered consultation 
on the Advance Notice of Proposed Rulemaking that preceded the proposal 
to elected tribal officials and the following tribes requested a 
consultation, which was held on July 18, 2014, with the tribes and/or 
their representatives: MHA (Mandan, Hidatsa and Arikara) Nations (Three 
Affiliated Tribes), Ute Tribe of the Uintah and Ouray Reservation, and 
Crow Nation.\7\
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    \7\ ``Managing Air Emissions from Oil and Natural Gas Production 
in Indian Country,'' 79 FR 32502, June 5, 2014, https://www.gpo.gov/fdsys/pkg/FR-2014-06-05/pdf/2014-12951.pdf.
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    At the consultation, the tribes present expressed three main 
concerns regarding federal regulation of oil and natural gas activity 
in Indian country. First, the tribes noted that many areas of Indian 
country are facing difficult economic circumstances and are in need of 
economic development to improve the quality of life of tribal members; 
revenue from oil and natural gas activity in many areas provides that 
economic development. Second, they stated that oil and natural gas 
activity in Indian country is already regulated by other federal 
government agencies and that the EPA does not need to add to the 
burden. The tribes expressed a desire to manage their own resources 
without undue interference from the federal government. Third, the 
tribes expressed a need for additional resources so that they can 
implement their own environmental programs in their lands.
    We will continue to provide outreach to tribal environmental 
professionals and offer to consult with tribal leadership as we further 
finalize the September 18, 2015, proposed action.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    This action is not subject to Executive Order 13045 because it is 
not economically significant as defined in Executive Order 12866, and 
because the EPA does not believe the environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

[[Page 9113]]

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income 
or indigenous populations. This action implements certain aspects of 
the Federal Minor Source New Source Review Program in Indian Country.
    Our primary goal in developing this program is to ensure that air 
resources in areas covered by the Federal Minor Source New Source 
Review Program in Indian Country will be protected in the manner 
intended by the Clean Air Act (CAA). This action will help facilitate 
implementation of the Federal Minor Source New Source Review Program in 
Indian Country and provide the EPA sufficient time to take final action 
on a proposed FIP with a comprehensive set of control requirements for 
new and modified true minor sources in the production segment of the 
oil and natural gas sector. Through the proposed FIP, we seek to 
establish a mechanism that provides an effective and efficient method 
for implementing a preconstruction permitting program for true minor 
sources in areas covered by the Federal Minor Source New Source Review 
Program in Indian Country, helping promote economic development by 
minimizing delays in new construction, and providing a process 
comparable to those programs operated outside of Indian county.

K. Congressional Review Act (CRA)

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective upon date of publication, i.e., on 
February 24, 2016.

L. Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the District of Columbia Circuit by April 25, 2016. Any such judicial 
review is limited to only those objections that are raised with 
reasonable specificity in timely comments. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review, nor does 
it extend the time within which a petition for judicial review may be 
filed and shall not postpone the effectiveness of such rule or action. 
Under section 307(b)(2) of the CAA, the requirements of this final 
action may not be challenged later in civil or criminal proceedings 
brought by us to enforce these requirements.

List of Subjects in 40 CFR Part 49

    Environmental protection, Administrative practices and procedures, 
Air pollution control, Indians, Intergovernmental relations, Reporting 
and recordkeeping requirements.

    Dated: February 12, 2016.
Gina McCarthy,
Administrator.
    For the reasons set forth in the preamble, EPA is amending 40 CFR 
part 49 as follows:

PART 49--INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT

0
1. The authority citation for part 49 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

0
2. Section 49.151 is amended by revising paragraphs (c)(1)(iii)(A) and 
(B) to read as follows:

Sec.  49.151  Program overview.

* * * * *
    (c) * * *
    (1) * * *
    (iii) * * *
    (A) If you own or operate an existing true minor source in Indian 
country (as defined in Sec.  49.152(d)), you must register your source 
with the reviewing authority in your area by March 1, 2013. If your 
true minor source is not an oil and natural gas source, and you 
commence construction after August 30, 2011, and before September 2, 
2014, you must also register your source with the reviewing authority 
in your area within 90 days after the source begins operation. If your 
true minor source is an oil and natural gas source, and you commence 
construction after August 30, 2011, and before October 3, 2016, you 
must register your source with the reviewing authority in your area 
within 90 days after the source begins operation. You are exempt from 
these registration requirements if your true minor source is subject to 
Sec.  49.138.
    (B) If your true minor source is not an oil and natural gas source 
and you wish to begin construction of a new true minor source or a 
modification at an existing true minor source on or after September 2, 
2014, you must first obtain a permit pursuant to Sec. Sec.  49.154 and 
49.155 (or a general permit/permit by rule pursuant to Sec.  49.156, if 
applicable). If your true minor source is an oil and natural gas source 
and you wish to begin construction of a new true minor source or a 
modification at an existing true minor source on or after October 3, 
2016, you must first obtain a permit pursuant to Sec. Sec.  49.154 and 
49.155 (or a general permit/permit by rule pursuant to Sec.  49.156, if 
applicable). The proposed new source or modification will also be 
subject to the registration requirements of Sec.  49.160, except for 
sources that are subject to Sec.  49.138.
* * * * *
0
3. Section 49.160 is amended by revising paragraph (c)(1)(ii) to read 
as follows:

Sec.  49.160  Registration program for minor sources in Indian country.

* * * * *
    (c) * * *
    (1) * * *
    (ii) If your true minor source is not an oil and natural gas source 
and you commence construction after August 30, 2011, and before 
September 2, 2014, you must register your source with the reviewing 
authority within 90 days after the source begins operation. If your 
true minor source is an oil and natural gas source, and you commence 
construction after August 30, 2011, and before October 3, 2016, you 
must register your source with the reviewing authority within 90 days 
after the source begins operation.
* * * * *
[FR Doc. 2016-03623 Filed 2-23-16; 8:45 am]
 BILLING CODE 6560-50-P
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