15180 Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Proposed Rules 

the meetings so that alternate formats 

can be distributed to Committee 

members. 

David M. Capozzi, 

Executive Director. 

[FR Doc. 2015–06505 Filed 3–20–15; 8:45 am] 

BILLING CODE 8150–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2010–0505; FRL–9924–29– 

OAR] 

RIN 2060–AS49 

Oil and Natural Gas Sector: Definitions 

of Low Pressure Gas Well and Storage 

Vessel 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On July 17, 2014, the 

Environmental Protection Agency (EPA) 

published proposed amendments to the 

new source performance standards 

(NSPS) for the Oil and Natural Gas 

Sector. One of the issues addressed in 

the proposed amendments was the 

EPA’s proposed definition of ‘‘low 

pressure gas well.’’ A petitioner’s timely 

submitted comment on the proposed 

amendments concerning the definition 

was, inadvertently, not made part of the 

record in the rulemaking docket and 

was, therefore, not available to be 

considered by the EPA when the agency 

finalized the definition of ‘‘low pressure 

gas well’’ in its December 19, 2014, final 

amendments to the NSPS. To correct the 

above mentioned procedural defect, the 

EPA is re-proposing its definition of 

‘‘low pressure gas well’’ for notice and 

comment. The EPA is also soliciting 

comment on certain issues raised in the 

missed comment. 

We are also proposing to amend the 

NSPS to remove provisions concerning 

storage vessels connected or installed in 

parallel and to revise the definition of 

‘‘storage vessel’’. The EPA is granting 

reconsideration of the issue. 

DATES: Comments. Comments must be 

received on or before April 22, 2015. 

Public Hearing. If the EPA holds a 

public hearing, the EPA will keep the 

record of the hearing open for 30 days 

after completion of the hearing to 

provide an opportunity for submission 

of rebuttal and supplementary 

information. If requested by March 30, 

2015, we will hold a public hearing on 

April 7, 2015, from 1:00 p.m. (Eastern 

Standard Time) to 5:00 p.m. (Eastern 

Standard Time) at the U.S. 

Environmental Protection Agency 

building located at 109 T.W. Alexander 

Drive, Research Triangle Park, NC 

27711. Please contact Ms. Virginia Hunt 

of the Sector Policies and Programs 

Division (E143–01), Office of Air 

Quality Planning and Standards, 

Environmental Protection Agency, 

Research Triangle Park, NC 27711; 

telephone number: (919) 541–0832; to 

request a hearing, register to speak at the 

hearing or to inquire as to whether or 

not a hearing will be held. The last day 

to pre-register in advance to speak at the 

hearing will be April 6, 2015. 

Additionally, requests to speak will be 

taken the day of the hearing at the 

hearing registration desk, although 

preferences on speaking times may not 

be able to be fulfilled. If you require the 

service of a translator or special 

accommodations such as audio 

description, we ask that you pre-register 

for the hearing, as we may not be able 

to arrange such accommodations 

without advance notice. The hearing 

will provide interested parties the 

opportunity to present data, views or 

arguments concerning the proposed 

action. The EPA will make every effort 

to accommodate all speakers who arrive 

and register. Because this hearing is 

being held at a U.S. government facility, 

individuals planning to attend the 

hearing should be prepared to show 

valid picture identification to the 

security staff in order to gain access to 

the meeting room. Please note that the 

REAL ID Act, passed by Congress in 

2005, established new requirements for 

entering federal facilities. If your 

driver’s license is issued by Alaska, 

American Samoa, Arizona, Kentucky, 

Louisiana, Maine, Massachusetts, 

Minnesota, Montana, New York, 

Oklahoma or the state of Washington, 

you must present an additional form of 

identification to enter the federal 

building. Acceptable alternative forms 

of identification include: Federal 

employee badges, passports, enhanced 

driver’s licenses and military 

identification cards. In addition, you 

will need to obtain a property pass for 

any personal belongings you bring with 

you. Upon leaving the building, you 

will be required to return this property 

pass to the security desk. No large signs 

will be allowed in the building, cameras 

may only be used outside of the 

building and demonstrations will not be 

allowed on federal property for security 

reasons. The EPA may ask clarifying 

questions during the oral presentations, 

but will not respond to the 

presentations at that time. Written 

statements and supporting information 

submitted during the comment period 

will be considered with the same weight 

as oral comments and supporting 

information presented at the public 

hearing. Verbatim transcripts of the 

hearing and written statements will be 

included in the docket for the 

rulemaking. The EPA will make every 

effort to follow the schedule as closely 

as possible on the day of the hearing; 

however, please plan for the hearing to 

run either ahead of schedule or behind 

schedule. Again, a hearing will not be 

held on this rulemaking unless 

requested. A hearing needs to be 

requested by March 30, 2015. Please 

contact Ms. Virginia Hunt of the Sector 

Policies and Programs Division (E143– 

01), Office of Air Quality Planning and 

Standards, Environmental Protection 

Agency, Research Triangle Park, NC 

27711; telephone number: (919) 541– 

0832. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2010–0505, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Email: a-and-r-docket@epa.gov. 

Include Docket ID No. EPA HQ–OAR– 

2010–0505 in the subject line of the 

message. 

• Fax: (202) 566–9744. Attention 

Docket ID No. EPA HQ–OAR 2010– 

0505. 

• Mail: Environmental Protection 

Agency, EPA Docket Center (EPA/DC), 

Mailcode 28221T, Attention Docket ID 

No. OAR–2010–0505, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460. 

• Hand/Courier Delivery: EPA Docket 

Center, Room 3334, EPA WJC West 

Building, 1301 Constitution Avenue 

NW., Washington, DC 20004. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Proposed Rules 15181 

Instructions. Direct your comments to 

Docket ID Number EPA–HQ–OAR– 

2010–0505. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. (See section I.C. below for 

instructions on submitting information 

claimed as CBI.) The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you submit an electronic 

comment through www.regulations.gov, 

the EPA recommends that you include 

your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. Electronic files should avoid 

the use of special characters or any form 

of encryption and be free of any defects 

or viruses. For additional information 

about the EPA’s public docket, visit the 

EPA Docket Center homepage at: 

www.epa.gov/epahome/dockets.htm. 

The petitioners need not resubmit their 

previous comment, which will be 

considered before the EPA takes final 

action on today’s re-proposal. However, 

the EPA welcomes additional comments 

and/or information the petitioners may 

wish to provide. 

Docket. The EPA has established a 

docket for this rulemaking under Docket 

ID No. EPA–HQ–OAR–2010–0505. All 

documents in the docket are listed in 

the www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI 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. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the EPA Docket Center, EPA WJC West 

Building, Room 3334, 1301 Constitution 

Ave. NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the EPA Docket Center is 

(202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Bruce Moore, Sector Policies and 

Programs Division (E143–05), Office of 

Air Quality Planning and Standards, 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711, telephone number: (919) 541– 

5460; facsimile number: (919) 685–3200; 

email address: moore.bruce@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this reconsideration action 

apply to me? 

Categories and entities potentially 

affected by today’s action include: 

Category NAICS code 1 Examples of regulated entities 

Industry 211111 Crude Petroleum and Natural Gas Extraction. 

211112 Natural Gas Extraction. 

221210 Natural Gas Distribution. 

486110 Pipeline Distribution of Crude Oil. 

486210 Pipeline Transportation of Natural Gas. 

Federal government Not affected. 

State/local/tribal government Not affected. 

1 North American Industry Classification System. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

either the air permitting authority for 

the entity or your EPA regional 

representative as listed in 40 CFR 60.4 

(General Provisions). 

B. How do I obtain a copy of this 

document and other related 

information? 

In addition to being available in the 

docket, an electronic copy of this action 

is available on the World Wide Web 

(WWW). Following signature by the 

EPA Administrator, a copy of this 

proposed action will be posted at the 

following address: http://www.epa.gov/

airquality/oilandgas/actions.html. 

C. What should I consider as I prepare 

my comments for the EPA? 

We seek comment only on the aspects 

of the final NSPS for the Oil and Natural 

Gas Sector specifically identified in this 

proposed rule. We are not opening for 

reconsideration any other provisions of 

the NSPS at this time. 

Do not submit CBI to the EPA through 

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

contained on a disk or CD–ROM that 

you mail to the EPA, mark the outside 

of the disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comments that 

includes information claimed as CBI, 

you must submit a copy of the 

comments that does not contain the 

information claimed as CBI for 

inclusion in the public docket. If you 

submit a CD–ROM or disk that does not 

contain CBI, clearly mark the outside of 

the disk or CD–ROM as not containing 

CBI. Information not marked as CBI will 

be included in the public docket and the 

EPA’s electronic public docket without 

prior notice. Information marked as CBI 

will not be disclosed except in 

accordance with the procedures set 

forth in 40 CFR part 2. Send or deliver 

information identified as CBI only to the 

following address: OAQPS Document 

Control Officer (C404–02), OAQPS, U.S. 

Environmental Protection Agency, 

Research Triangle Park, North Carolina, 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

15182 Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Proposed Rules 

1Letter from James D. Elliott, Spilman, Thomas 

& Battle PLLC, to Lisa P. Jackson, EPA 

Administrator, October 15, 2012; Petition for 

Administrative Reconsideration of Final Rule ‘‘Oil 

and Gas Sector: New Source Performance Standards 

and National Emission Standards for Hazardous Air 

Pollutants Reviews,’’ 77 FR 49490 (August 16, 

2012). 

2Email from James D. Elliott, Spilman, Thomas 

& Battle PLLC, to Bruce Moore, EPA, March 24, 

2014. 

27711, Attention Docket ID No. EPA– 

HQ–OAR–2010–0505. 

II. Background 

A. Low Pressure Gas Wells 

On August 23, 2011 (76 FR 52758), 

the EPA proposed the Oil and Natural 

Gas Sector NSPS (40 CFR part 60, 

subpart OOOO). Among the elements of 

the proposed rule were provisions for 

reduced emission completion (REC), 

also known as ‘‘green completion’’ of 

hydraulically fractured gas wells. In the 

proposal, the EPA solicited comment on 

situations where conducting an REC 

would be infeasible. Several 

commenters highlighted technical 

issues that prevent the implementation 

of an REC on what they referred to as 

‘‘low pressure’’ gas wells because of the 

lack of the necessary reservoir pressure 

to flow at rates appropriate for the 

transportation of solids and liquids from 

a hydraulically fractured gas well 

completion against additional backpressure which would be caused by the 

REC equipment. Based on our analysis 

of the public comments received, we 

determined that there are certain wells 

where an REC is infeasible because of 

the characteristics of the reservoir and 

the well depth that will not allow the 

flowback to overcome the gathering 

system pressure due to the additional 

back pressure imposed by the REC 

surface equipment. On August 16, 2012, 

the EPA published the final NSPS (see 

77 FR 49490). Based on comments 

received in response to our solicitation 

at proposal, we provided at § 60.5375(f) 

of the 2012 final NSPS that ‘‘low 

pressure gas wells’’ (i.e., those wells for 

which an REC would not be feasible 

because of a combination of well depth, 

reservoir pressure and flow line 

pressure) would not be required to meet 

the requirements for recovery of gases 

and liquids required under § 60.5375(a), 

except as provided in § 60.5375(f)(2) 

which subjects wildcat, delineation and 

low pressure gas wells to requirements 

for combustion of flowback emissions 

and to the general duty to safely 

maximize resource recovery and 

minimize releases to the atmosphere 

required under § 60.5375(a)(4). Under 

the NSPS, low pressure wells are treated 

the same as exploratory and delineation 

wells (i.e., they are not required to 

perform an REC). We also added a 

definition of ‘‘low pressure gas well’’ in 

the final rule that is based on a 

mathematical formula that takes into 

account a well’s depth, reservoir 

pressure and flow line pressure. Section 

60.5430 defines low pressure gas well as 

‘‘a well with reservoir pressure and 

vertical well depth such that 0.445 

times the reservoir pressure (in psia) 

minus 0.038 times the vertical well 

depth (in feet) minus 67.578 psia is less 

than the flow line pressure at the sales 

meter.’’ 

Following publication of the 2012 

final NSPS, a group of petitioners, led 

by the Independent Petroleum 

Association of America (IPAA), 

representing independent oil and 

natural gas owners and operators, 

submitted a joint petition for 

administrative reconsideration of the 

2012 NSPS. The petitioners questioned 

the technical merits of the low pressure 

well definition and asserted that the 

public had not had an opportunity to 

comment on the definition because it 

was added in the final rule. The 

petitioners expressed concern that the 

formula adopted in the 2012 NSPS was 

based on ‘‘questionable assumptions’’ 

and ‘‘sparse data’’ and will ‘‘exclude 

from its scope many gas wells drilled in 

formations that historically have been 

recognized as ‘low pressure.’’’ In the 

view of the petitioners, ‘‘the 2012 

definition has the potential to directly 

affect many smaller producers, who are 

less likely to be able to bear the costs of 

implementing costly RECs.’’ 1 However, 

the administrative petition did not 

identify which assumptions were 

questionable and why, or what 

additional data the petitioners consider 

necessary to support the EPA’s ‘‘low 

pressure gas well’’ definition. 

On March 24, 2014, the petitioners 

submitted to the EPA a suggested 

alternative definition 2 for 

consideration. The petitioners’ 

definition is based on the fresh water 

hydrostatic gradient of 0.433 pounds per 

square inch per foot (psi/ft). The 

petitioners assert that this approach is 

straightforward and has been recognized 

for many years in the oil and natural gas 

industry and by governmental agencies 

and professional organizations. As 

expressed in the paper submitted by the 

petitioners, the alternative definition for 

consideration by the EPA, as stated by 

the petitioners, would be ‘‘a well where 

the field pressure is less than 0.433 

times the vertical depth of the deepest 

target reservoir and the flow-back period 

will be less than three days in 

duration.’’ 

On July 17, 2014, the EPA proposed 

clarifying amendments to the gas well 

completion provisions of the NSPS. In 

the July proposal, we expressed concern 

that the IPAA alternative definition is 

too simplistic and may not adequately 

account for the parameters that must be 

considered when determining whether 

an REC would be feasible for a given 

hydraulically fractured gas well. We 

expressed disagreement with the 

petitioners’ assertion that the EPA 

definition is too complicated and that it 

would pose difficulty or hardship for 

smaller operators. However, we agreed 

with the petitioners that the public 

should have been provided an 

opportunity to comment on the 2012 

definition of ‘‘low pressure gas well,’’ 

and we re-proposed the 2012 definition 

for notice and comment in the July 17, 

2014, proposal. In addition, we solicited 

comment on the alternative definition 

suggested by the petitioners. 

On August 18, 2014, prior to the close 

of the public comment period for the 

July 17, 2014, proposal, the IPAA, on 

behalf of the independent oil and 

natural gas owner and operator 

petitioners, submitted a comment to the 

EPA via the email address to the Air and 

Radiation Docket provided in the 

proposed rule. This timely submitted 

comment addressed the following: (1) 

Clarification that the petitioners’ 

primary concern is that the EPA’s 

definition would require REC to be 

performed on marginally cost-effective 

wells, and not that the calculation 

required by the EPA’s definition would 

impose a hardship; (2) whether it was 

the petitioners’ burden to justify the 

assumptions on which the EPA’s 

definition was based; (3) accuracy of the 

Turner equation used in the 

development of the EPA’s definition; (4) 

technical derivation of the petitioners’ 

definition; and (5) relationship between 

low pressure gas wells and EPA’s stages 

of flowback as proposed in the July 17, 

2014, proposal. 

The EPA published final amendments 

in the Federal Register at 79 FR 79018 

on December 31, 2014, which finalized 

the definition of ‘‘low pressure gas 

well’’ unchanged from the 2012 

definition. Subsequent to the December 

31, 2014, publication of the final 

amendments, the EPA became aware 

that the comment submitted by the 

IPAA was not made part of the record 

in the docket and, thus, was not 

available to be considered by the EPA in 

its decision-making process prior to 

finalizing the amendments. 

B. Storage Vessels Connected in Parallel 

In the December 31, 2014, final rule, 

the EPA had finalized amendments to 

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Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Proposed Rules 15183 

the NSPS to address, among other 

issues, the affected facility status of 

storage vessel affected facilities that are 

removed from service and storage 

vessels being returned to service. The 

final action included amendments 

related to storage vessels ‘‘connected in 

parallel’’ or ‘‘installed in parallel.’’ As 

we explained in the final rule preamble 

(see 79 FR 79027, December 31, 2014), 

‘‘Although we believe it is an unlikely 

occurrence, we note that, when two or 

more storage vessels receive liquids in 

parallel, the total throughput is shared 

between or among the parallel vessels 

and, in turn, this causes the PTE of each 

vessel to be a fraction of the total PTE.’’ 

To address such isolated occurrences 

where storage vessels are installed or 

connected to reduce PTE and, therefore, 

avoid being subject to subpart OOOO, 

we amended the NSPS to address 

situations in which two or more storage 

vessels could be installed or connected 

in parallel which could, in some cases, 

lower the PTE of the individual storage 

vessels to levels below the 6 tons per 

year (tpy) applicability threshold 

provided in § 60.5365(e). Specifically, 

we amended § 60.5365(e)(4) to provide 

that a storage vessel that is being placed 

into service, and is connected in parallel 

with a storage vessel affected facility, is 

immediately subject to the same 

requirements as the affected facility 

with which it is being connected in 

parallel. We also amended the 

definitions for ‘‘returned to service’’ and 

‘‘storage vessel’’ in § 60.5430 to provide 

that two or more storage vessels 

connected in parallel are considered 

equivalent to a single storage vessel 

with throughput equal to the total 

throughput of the storage vessels 

connected in parallel. 

Following publication of the 

December 2014 final rule, we became 

aware that the terms ‘‘connected in 

parallel’’ and ‘‘installed in parallel’’ 

inadvertently include in storage vessels 

beyond those we attempted to address 

as described above. On February 19, 

2015, the Gas Processors Association 

(GPA) submitted a petition for 

administrative reconsideration of the 

December 31, 2014, amendments. The 

GPA asserted that ‘‘it is quite common 

for multiple storage vessels to be 

situated next to each other and 

connected in parallel. Sometimes the 

storage vessels are operated in parallel, 

sometimes they are operated in series, 

and sometimes they are operated one-ata-time with the connecting valves 

closed.’’ The GPA further asserted that 

this configuration has existed for 

decades and that ‘‘this language 

potentially has large impacts to how our 

members evaluate affected facility 

status.’’ 

For the reasons discussed above, we 

are proposing to remove the regulatory 

provisions relative to storage vessels 

‘‘installed in parallel’’ or ‘‘connected in 

parallel.’’ Instead, we solicit comment 

on other approaches to help avoid or 

discourage installation or operation of 

storage vessels that would unnecessarily 

reduce the potential to emit (PTE) of a 

single storage vessel. 

III. Today’s Action 

In this action, the EPA is re-proposing 

for notice and comment the same 

definition of ‘‘low pressure gas well’’ 

that was finalized in 2012 and reproposed in the July 17, 2014, proposal. 

In addition, as in the 2014 proposal, we 

are soliciting comment on the 

petitioners’ alternative definition as 

presented above. We note that the EPA 

has now made the comment submitted 

by the IPAA on August 18, 2014, part 

of the record in the docket; therefore, it 

is not necessary for the IPAA to 

resubmit this comment in response to 

this proposed rule. However, the EPA 

welcomes the submittal of any 

additional comments by the petitioners 

and other interested parties. We are in 

the process of evaluating the IPAA 

comments. In this proposal, we solicit 

further comments on both the EPA 

proposed definition and on the IPAA 

alternative definition. We seek comment 

on (1) gas wells that are not considered 

‘‘low pressure gas wells’’ based on the 

re-proposed EPA definition, but for 

which RECs are technically infeasible, 

and the specific well characteristics or 

other technical factors that make RECs 

technically infeasible; (2) gas wells that 

are considered ‘‘low pressure gas wells’’ 

based on the IPAA alternative 

definition, but for which RECs could be 

performed; and (3) specific well 

parameters or drilling techniques that 

should be considered in determining 

whether an REC would be technically 

feasible and how these factors could be 

used to define ‘‘low pressure gas well.’’ 

With regard to storage vessels, in 

response to the GPA petition and in 

light of the considerations discussed 

above, we are proposing to amend the 

NSPS provisions relative to storage 

vessels ‘‘installed in parallel’’ or 

‘‘connected in parallel.’’ Specifically, 

we are proposing to amend § 60.5365(e) 

to remove language related to storage 

vessels ‘‘installed in parallel’’ or 

‘‘connected in parallel.’’ We are also 

proposing to amend the definitions of 

‘‘returned to service’’ and ‘‘storage 

vessel’’ in § 60.5430 to remove language 

pertaining to storage vessels connected 

in parallel. We solicit comment on other 

approaches to help avoid or discourage 

installations or operations of storage 

vessels that would unnecessarily reduce 

the PTE of a single storage vessel. 

IV. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

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 an 

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 

2060–0673. This action does not change 

the information collection requirements 

previously finalized and, as a result, 

does not impose any additional burden 

on industry. 

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. This action will not 

impose any requirements on small 

entities. This action is a reconsideration 

of an existing rule and imposes no new 

impacts or costs. 

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. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will 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 does not have tribal 

implications as specified in Executive 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

15184 Federal Register / Vol. 80, No. 55 / Monday, March 23, 2015 / Proposed Rules 

Order 13175. This action is a 

reconsideration of an existing rule and 

imposes no new impacts or costs. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

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. 

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 because it does not affect 

the level of protection provided to 

human health or the environment. This 

action is a reconsideration of an existing 

rule and imposes no new impacts or 

costs. 

List of Subjects in 40 CFR Part 60 

Administrative practice and 

procedure, Air pollution control, 

Environmental protection, 

Intergovernmental relations, Reporting 

and recordkeeping. 

Dated: March 17, 2015. 

Gina McCarthy, 

Administrator. 

For the reasons set out in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is proposed to be 

amended as follows: 

PART 60—STANDARDS OF 

PERFORMANCE FOR NEW 

STATIONARY SOURCES 

■ 1. The authority citation for part 60 

continues to read as follows: 

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

Subpart OOOO—Standards of 

Performance for Crude Oil and Natural 

Gas Production, Transmission and 

Distribution 

■ 2. Section 60.5365 is amended by 

revising paragraph (e) to read as follows: 

§ 60.5365 Am I subject to this subpart? 

* * * * * 

(e) Each storage vessel affected 

facility, which is a single storage vessel 

located in the oil and natural gas 

production segment, natural gas 

processing segment or natural gas 

transmission and storage segment, and 

has the potential for VOC emissions 

equal to or greater than 6 tpy as 

determined according to this section by 

October 15, 2013 for Group 1 storage 

vessels and by April 15, 2014, or 30 

days after startup (whichever is later) for 

Group 2 storage vessels, except as 

provided in paragraphs (e)(1) through 

(4) of this section. The potential for VOC 

emissions must be calculated using a 

generally accepted model or calculation 

methodology, based on the maximum 

average daily throughput determined for 

a 30-day period of production prior to 

the applicable emission determination 

deadline specified in this section. The 

determination may take into account 

requirements under a legally and 

practically enforceable limit in an 

operating permit or other requirement 

established under a Federal, State, local 

or tribal authority. 

(1) For each new, modified or 

reconstructed storage vessel receiving 

liquids pursuant to the standards for gas 

well affected facilities in § 60.5375, 

including wells subject to § 60.5375(f), 

you must determine the potential for 

VOC emissions within 30 days after 

startup of production. 

(2) A storage vessel affected facility 

that subsequently has its potential for 

VOC emissions decrease to less than 6 

tpy shall remain an affected facility 

under this subpart. 

(3) For storage vessels not subject to 

a legally and practically enforceable 

limit in an operating permit or other 

requirement established under Federal, 

state, local or tribal authority, any vapor 

from the storage vessel that is recovered 

and routed to a process through a VRU 

designed and operated as specified in 

this section is not required to be 

included in the determination of VOC 

potential to emit for purposes of 

determining affected facility status, 

provided you comply with the 

requirements in paragraphs (e)(3)(i) 

through (iv) of this section. 

(i) You meet the cover requirements 

specified in § 60.5411(b). 

(ii) You meet the closed vent system 

requirements specified in § 60.5411(c). 

(iii) You maintain records that 

document compliance with paragraphs 

(e)(3)(i) and (ii) of this section. 

(iv) In the event of removal of 

apparatus that recovers and routes vapor 

to a process, or operation that is 

inconsistent with the conditions 

specified in paragraphs (e)(3)(i) and (ii) 

of this section, you must determine the 

storage vessel’s potential for VOC 

emissions according to this section 

within 30 days of such removal or 

operation. 

(4) For each new, reconstructed, or 

modified storage vessel with startup, 

startup of production, or which is 

returned to service, affected facility 

status is determined as follows: If a 

storage vessel is reconnected to the 

original source of liquids or is used to 

replace any storage vessel affected 

facility, it is a storage vessel affected 

facility subject to the same requirements 

as before being removed from service, or 

applicable to the storage vessel affected 

facility being replaced immediately 

upon startup, startup of production, or 

return to service. 

* * * * * 

■ 3. Section 60.5430 is amended by 

revising the definitions of ‘‘Returned to 

Service’’ and ‘‘Storage Vessel’’ to read as 

follows: 

§ 60.5430 What definitions apply to this 

subpart? 

* * * * * 

Returned to service means that a 

Group 1 or Group 2 storage vessel 

affected facility that was removed from 

service has been: 

(1) Reconnected to the original source 

of liquids or has been used to replace 

any storage vessel affected facility; or 

(2) Installed in any location covered 

by this subpart and introduced with 

crude oil, condensate, intermediate 

hydrocarbon liquids or produced water. 

* * * * * 

Storage vessel means a tank or other 

vessel that contains an accumulation of 

crude oil, condensate, intermediate 

hydrocarbon liquids, or produced water, 

and that is constructed primarily of 

nonearthen materials (such as wood, 

concrete, steel, fiberglass, or plastic) 

which provide structural support. A 

well completion vessel that receives 

recovered liquids from a well after 

startup of production following 

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flowback for a period which exceeds 60 

days is considered a storage vessel 

under this subpart. A tank or other 

vessel shall not be considered a storage 

vessel if it has been removed from 

service in accordance with the 

requirements of § 60.5395(f) until such 

time as such tank or other vessel has 

been returned to service. For the 

purposes of this subpart, the following 

are not considered storage vessels: 

(1) Vessels that are skid-mounted or 

permanently attached to something that 

is mobile (such as trucks, railcars, 

barges or ships), and are intended to be 

located at a site for less than 180 

consecutive days. If you do not keep or 

are not able to produce records, as 

required by § 60.5420(c)(5)(iv), showing 

that the vessel has been located at a site 

for less than 180 consecutive days, the 

vessel described herein is considered to 

be a storage vessel from the date the 

original vessel was first located at the 

site. This exclusion does not apply to a 

well completion vessel as defined in this 

section. 

(2) Process vessels such as surge 

control vessels, bottoms receivers or 

knockout vessels. 

(3) Pressure vessels designed to 

operate in excess of 204.9 kilopascals 

and without emissions to the 

atmosphere. 

* * * * * 

[FR Doc. 2015–06593 Filed 3–20–15; 8:45 am] 

BILLING CODE 6560–50–P 

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