Memorandum 

Subject: 

From: 

To: 

August 4 -20 l4 

July 31, 2014 Meeting Between the American Petroleum Institute (API), 

API Members and the U.S. Environmental Protection Agency (EPA) 

Chris Stoneman, Policy Advisor C/?.;__ ft~ Outreach and Information Division, 

Office of Air Quality Planning and Standards (OAQPS) 

Docket- EPA-HQ-OAR-2011-0151 

This memorandum to docket provides a brief summary of the main discussion points 

made at the subject meeting during the comment period for the Advance Notice of 

Proposed Rulemaking (ANPR): "Managing Emissions from Oil and Natural Gas 

Production in Indian Country." (79 Federal Register 32502, June 5, 2104) 

Meeting details: 

When: July 31, 2014; 10:30-12:00 p.m. ET 

Where: EPA Offices, RTP, NC 

Participants: Gregory Green, EPA, Region 8 

Laura Bunte, EPA, OAQPS 

Bruce Moore, EPA, OAQPS 

Chris Frantz, EPA, OAQPS 

Matthew Todd, API (and other API participants) 

Bill Wehrum, Hunton and Williams 

API members: XTO, Anadarko, Chevron, Shell, Marathon, 

ConocoPhillips, Enterprise Products, WPX Energy, and BP 

The EPA met with API and its members at the energy organization's request. During the 

meeting, EPA provided an overview of several key aspects of the minor source general 

permit program for Indian country and the recently-issued ANPR for New Source. review 

minor source oil and natural gas activity in Indian country. During the course of the 

meeting the Western Energy Alliance and its members raised several questions that are 

summarized in the attached agenda. 

The EPA answered basic questions about the content of the ANPR and offered to be 

available for further discussions and/or exchanges of technical information. 

This memorandum will be filed in the docket for the proposed rule and will be available 

for public review. 
-==== ======= =F~I"'Meeting to DlstuSS the Tribal Minor NSR ANPR 

July 31, 2014 

I. Introductions 

II. Update from EPA on the Tribal Minor NSR permit for the O&G sector. 

1. Schedule for completing the permit? 

2. Does the Agency have a preferred approach (GP, PBR, FIP)? 

3. What is EPA thinking with regard to existing sources? 

4. Is EPA planning on taking final action with regard to synthetic minor sources? 

5. Is EPA thinking about adopting permits for both attainment and nonattainment areas? 

6. What information/ideas do you need from API? 

Ill. API's preliminary thoughts on the ANPR and related issues. 

1. Existing Sources 

EPA should focus for now on issuing a tribal minor NSR permit for O&G sources. The 

need to control existing sources depends on local air quality conditions. If existing 

source controls are needed within a designated non-attainment area, they should be 

tailored to address the local needs and conditions. The Fort Berthold FIP is not an 

appropriate model. 

2. Permits for Nonattainment Areas 

The permit should include appropriate additional conditions for sources that are 

constructed or modified in nonattainment areas. After designation of an area to 

nonattainment, no additional rulemaking or regulatory action should be needed for the 

nonattainment permit to be available to affected sources. 

3. Permitting Method 

a. A FIP (containing requirements just for construction or modification) or a PBR 

offer advantages€} GP. 

b. An affected source should be able to opt for an individual permit. 

4. Permit Issuance · 

Permit issuance should be streamlined so as not to delay construction or modification 

activities. Post-construction notification should be adequate. 

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a. Applicable NSPS or NESHAPs should be adequate for affected equipment. 

b. Where NSPS or NESHAPs do not apply, commonly available control measures 

should apply. 

c. Where multiple control measures are available, the affected source should be 

able to select from among the choices. 

d. Affected sources should be able to certify to emissions rates or control 

·measures as needed to establish synthetic minor status. 

e. Permit limits should be emission limits or work practices, not capacity limits 

(e.g., engine GP proposal). 

6. Pollutants 

The permit should cover all relevant regulated NSR pollutants and be available to 

establish effective limits on HAPs for synthetic minors. 

IV. Conclusion and Next Steps 

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