Memorandum Subject:

From:

To: June 24 2014

June 20, 2014 Teleconference betweenthe Ute Indian Tribe, the MHA Nation (and their Representatives) and U.S. Environmental Protection Agency (EPA) Chris Stoneman, Policy

# Advisor**~ ~**  Outreach and InformationDivision, Office ofAir Quality Planning and Standards (OAQPS) Docket- EPA·HQ-OAR-2011-0151 This memorandum to docket provides a briefsummary ofthe main discussionpoints made at the subjectteleconference during the commentperiod for the Advance Notice of Proposed Rulemaking (ANPR): "ManagingEmissions from Oil and Natural Gas Production in Indian Country." (79 Federal Register 32502, June 5, 2104) Teleconference details: When: June 20, 2014; 3:00-4:00p.m. EDT Participants: LauraMckelvey, EPA, OAQPS Greg Green, EPA, OAQPS Chris Stoneman, EPA, OAQPS Mary Tom Kissell, EPA, OAQPS Pat Childers, EPA, Office ofAir and Radiation Dee Rothery, EPA, Region 8 Claudia Smith, EPA, Region 8 Carey Doyle, MHANation Tom Fredericks, Fredericks Peebles & Morgan, LLP Chris Reagen, Fredericks Peebles & Morgan, LLP Jeremy Patterson, Fredericks Peebles & Morgan, LLP The purpose ofthe teleconference was to plan for a consultation with the two subject tribes inDenver, CO onJuly 18. The attached documents containthe teleconference's agenda and issues EPAhighlighted. During the teleconference, EPAprovided an overview ofthe recently-issued ANPRfor New Source review (NSR) minor source oil and natural gas activity in Indian country, as well the attached questions onwhich EPA is seeking public input. During the course of the meeting the tribal members andtheirrepresentatives raised several issues to be discussed at the July 18 consultationas follows:
• Concerns about delays inreceiving approval to construct under an oil and gas general permit;• How existing rules such as the Fort Berthold Federal ImplementationPlan, and any "new" oil and natural gas rule EPA issues for Indian country would work together; • Prefer approaches thatprovide for quicker approval ofoil and gas wells (e.g., prepermitting); • Interested in an approach for addressing existing oil and gas sources ina way that does not stop or limit oil and gas industry growth in Indian country; • Importance ofdelegation ofenforcement and compliance ofoil and gas requirements from EPA to tribes, especially given limitedEPAresources; • The concept ofa reservation-wide oil and gas permit; • Need for EPA to not treat Indian country as public lands, but instead as government-to-government, sovereign entities; • Do not want general public to be able to comment onreservation permits as tribal lands are not public lands; • Need for oil and gas permittingprocess in Indian country to be seamless, free from excessive process and public/EPA review; • Tribes would not want monitoring information they gatherto be available publicly; • Concerns about keeping the playing field level with respect to oil and natural gas requirements to avoid puttingtribes at an economic disadvantage; and • Need to ensure that oil and gas requirements are tailored to neighboring state requirements. The EPA answered basic questions about the ANPR and offered to prepare an agenda and associated materials for the upcoming consultation. This memorandum will be filed in the docket for the ANPR and will be available for public review.

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### Conference Call to Plan Upcoming Consultation onEPAAdvance Notice ofProposed Rulemaking, Managing Emissions from Oil andNaturalGas Production in Indian Country (6/24/2014) 

### Proposed Agenda Date and time: Friday, June 20, 2014; 1:00-2:00pmEDT Call-in number: 866/299-3188; pass code 9195415624
• Review ofagenda
• Agreement ontime, date and location for face-to-face consultation
• Tribal NSR o Overview (ANPR, oil and gas extension) o Current Status o Questions
• Petroleum Refinery proposal o Overview o Questions
• Next steps



### 3"ManagingEmissions from Oil and Natural Gas Production in Indian Country" Advance Notice ofProposed Rulemaking, signed May22, 2014 Requests for Comment The purpose ofthe Advance Notice ofProposed Rulemaking (ANPR) is to solicit broad feedback on the most effective and efficient means ofimplementingthe EPA's Indian Country MinorNew Source Review (NSR) programfor sources in the oil and natural gas production segment ofthe oil and natural gas sector. The ANPR describes various permitting approaches including a general permit, a Federal Implementation Plan (FIP), and apermit by rule, and seeks comments on these or any other approaches. Some ofthe areas where comments are specifically requested are: 1. How would an oil and natural gas FIP relate to the Indian Country minorNSR rule? 2. Should we regulate existing emission units at a source under a FIP? 3. Would a FIP or general permit apply uniformly orwould therequirements vary depending on a source's location? 4. What applicability threshold should apply ifwe regulate existing sources, and should we create exemptions? 5. Whichpollutants would we regulate? 6. How would we determine the appropriate control requirements for new.and modified sources and existing sources? 7. Should we require sources to install and collect data from ambient air quality monitors? 8. Whatkinds of"Next Generation Compliance" options might be useful to implement?

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