UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

RESEARCH TRIANGLE PARK, NC 27711

 August 20, 2015

Dear Tribal Leader:

In January 2015, the U.S. Environmental Protection Agency (EPA) announced a series of steps it 

planned to take to address methane and smog-forming volatile organic compound (VOC) emissions 

from the oil and natural gas industry, in order to ensure continued, safe and responsible growth in U.S. 

oil and natural gas production. The EPA’s plans to address methane are part of the overall Strategy to 

Reduce Methane Emissions (the Methane Strategy) – a component of the President’s Climate Action 

Plan. The Methane Strategy, announced in January, consists of both regulatory and voluntary 

approaches. In February, the EPA asked tribes to nominate themselves to participate in discussions 

about their efforts to address sources of emissions in the oil and natural gas sector. Tribal input was 

received in a telephone conference call in April. 

The EPA is addressing the Methane Strategy through four actions just signed by the EPA Administrator. 

First, the EPA is building on our 2012 New Source Performance Standards (NSPS) for the oil and 

natural gas industry to reduce methane emissions and to achieve additional reductions in VOCs. In the 

NSPS, we are proposing standards for the following sources:

 Completions of hydraulically fractured oil wells,

 Pneumatic pumps, 

 Fugitive emissions from new and modified well sites and compressor stations, and

 Pneumatic controllers and compressors in the transmission and storage segment.

Second, the EPA issued a rule in July 2011 that requires small sources in Indian country to obtain minor 

source permits prior to commencing construction beginning on a fixed date. (The Federal Indian 

Country Minor New Source Review (NSR) Rule, 76 Fed. Reg. 38748, July 1, 2011). Last year, we 

extended the permitting deadline for “true minor” oil and natural gas sources in Indian country to March 

2, 2016. (79 Fed. Reg. 34231, June 16, 2014). Also, last year, we issued an Advance Notice of Proposed 

Rulemaking (ANPR) seeking feedback on options for making the permitting process under the Indian 

Country Minor NSR Rule more efficient for true minor sources in the oil and natural gas sector. Based 

on our analysis of comments received in response to the ANPR from tribes and other parties, and other 

relevant information, we are proposing a national option for making the permitting process more 

efficient. The proposal consists of a proposed federal implementation plan (FIP) rule that 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 or expanding in Indian country. In the same 

action, we are also proposing several amendments to the Federal Indian Country Minor NSR Rule and 

one amendment to the Federal Indian Country Major NSR Rule in Indian Country that was promulgated 

at the same time as the minor source rule.

OFFICE OF

AIR QUALITY PLANNING

AND STANDARDS
Third, in a separate rulemaking addressing source determination issues for the production segment of 

the oil and natural gas industry, the EPA is proposing an updated definition of “adjacent” for oil and 

natural gas extractions operations for purposes of determining whether the operations are subject to 

major or minor source permitting requirements. This will help provide certainty to regulators and the 

regulated community.

Finally, we are making available for comment draft control techniques guidelines (CTG) for requiring 

the application of reasonably available control technology (RACT) to achieve VOC reductions from 

existing sources in ozone nonattainment areas that are classified as “moderate” and above, and in states 

in the Ozone Transport Region. Once a final CTG is issued, states with nonattainment areas classified 

as Moderate and above and states in the Ozone Transport Region that are required to implement RACT 

would have to update their State Implementation Plans showing how they will reduce VOC emissions 

from sources covered by the CTG. These guidelines could also become the basis for requirements for 

existing oil and natural gas activity in Indian country ozone nonattainment areas.

The purpose of this letter is to invite you to request formal consultation or to have informal discussions 

prior to the EPA taking final action on the proposed NSPS, the proposed source determination rule, the 

proposed FIP or the draft CTG, should you believe that your tribe could be affected by these actions. If 

you prefer to initiate government-to-government consultation with the EPA, please contact Toni Colón 

at (919) 541-0069, email: colon.toni@epa.gov. Please contact us by October 2, 2015 in order to request 

consultation. 

We request your input to assure that we develop the best rules and guidelines 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 hearing from you.

Sincerely,

Gregory Green Director

Outreach and Information Division

cc: Tribal Environmental Director 

 Tribal Environmental Staff