Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Rules and Regulations 34231 

Federal Register, the Coast Guard will 

provide mariners with advanced 

notification of enforcement periods via 

the Local Notice to Mariners and marine 

information broadcasts. If the COTP 

determines that a safety zone need not 

be enforced for the full duration stated 

in this notice, a Broadcast Notice to 

Mariners may be used to grant general 

permission to enter the safety zone. 

Dated: May 29, 2014 

J.F. Dixon, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port New York. 

[FR Doc. 2014–14052 Filed 6–13–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0228] 

RIN 1625–AA00 

Safety Zone, Brandon Road Lock and 

Dam to Lake Michigan Including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, and 

Calumet-Saganashkee Channel, 

Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a segment of the Safety Zone; Brandon 

Road Lock and Dam to Lake Michigan 

including Des Plaines River, Chicago 

Sanitary and Ship Canal, Chicago River, 

Calumet-Saganashkee Channel on all 

waters of the Chicago Sanitary and Ship 

Canal from Mile Marker 296.1 to Mile 

Marker 296.7 at specified times from 

June 9 to August 1, 2014. This action is 

necessary to protect the waterway, 

waterway users, and vessels from the 

hazards associated with the U.S. Army 

Corps of Engineers’ installation of a new 

permanent fish barrier. 

During the enforcement periods listed 

below, entry into, transiting, mooring, 

laying-up or anchoring within the 

enforced area of this safety zone by any 

person or vessel is prohibited unless 

authorized by the Captain of the Port, 

Lake Michigan, or his designated 

representative. 

DATES: The regulations in 33 CFR 

165.930 will be enforced from 7 a.m. to 

4 p.m. daily from June 9 to June 13, June 

16 to June 20, June 23 to June 27, 2014 

and from 7 a.m. to noon and 1:00 p.m. 

to 4 p.m. daily from June 30 to July 4, 

July 7 to July 11, July 14 to July 18, July 

21 to July 25, and July 28 to August 1, 

2014. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this document, 

call or email MST1 John Ng, Waterways 

Department, Coast Guard Marine Safety 

Unit Chicago, telephone 630–986–2155, 

email address john.h.ng@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a segment of the 

Safety Zone; Brandon Road Lock and 

Dam to Lake Michigan including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, CalumetSaganashkee Channel, Chicago, IL, 

listed in 33 CFR 165.930. Specifically, 

the Coast Guard will enforce this safety 

zone between Mile Marker 296.1 to Mile 

Marker 296.7 on all waters of the 

Chicago Sanitary and Ship Canal. 

Enforcement will occur from 7 a.m. to 

4 p.m. daily from June 9 to June 13, June 

16 to June 20, June 23 to June 27, 2014, 

and from 7 a.m. to noon and 1:00 p.m. 

to 4 p.m. daily from June 30 to July 4, 

July 7 to July 11, July 14 to July 18, July 

21 to July 25, and July 28 to August 1, 

2014. This enforcement action is 

necessary because the Captain of the 

Port, Lake Michigan, has determined 

that the U.S. Army Corps of Engineers’ 

installation of a new permanent fish 

barrier poses risks to life and property. 

Because of these risks, it is necessary to 

control vessel movement during the 

operations to prevent injury and 

property loss. 

In accordance with the general 

regulations in § 165.23 of this part, entry 

into, transiting, mooring, laying up, or 

anchoring within the enforced area of 

this safety zone by any person or vessel 

is prohibited unless authorized by the 

Captain of the Port, Lake Michigan, or 

his or her designated representative. 

Vessels that wish to transit through 

the safety zone may request permission 

from the Captain of the Port, Lake 

Michigan. Requests must be made in 

advance and approved by the Captain of 

the Port before transits will be 

authorized. Approvals will be granted 

on a case by case basis. The Captain of 

the Port may be contacted via U.S. Coast 

Guard Sector Lake Michigan on VHF 

channel 16. 

This document is issued under 

authority of 33 CFR 165.930 and 5 

U.S.C. 552(a). In addition to this 

publication in the Federal Register, the 

Captain of the Port, Lake Michigan, will 

also provide notice through other 

means, which may include Broadcast 

Notice to Mariners, Local Notice to 

Mariners, local news media, distribution 

in leaflet form, and on-scene oral notice. 

Additionally, the Captain of the Port, 

Lake Michigan, may notify 

representatives from the maritime 

industry through telephonic and email 

notifications. 

Dated: June 6, 2014. 

M.W. Sibley, 

Captain, U.S. Coast Guard, Captain of the 

Port, Lake Michigan. 

[FR Doc. 2014–14057 Filed 6–13–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 49 

[EPA–HQ–OAR–2011–0151; FRL–9911–46– 

OAR] 

RIN 2060–AS24 

Review of New Sources and 

Modifications in Indian Country 

Amendments to the Registration and 

Permitting Deadlines for True Minor 

Sources 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is issuing final 

amendments to the ‘‘Federal Minor New 

Source Review Program in Indian 

Country’’ (we refer to this new source 

review rule as the ‘‘Indian Country 

Minor NSR Rule’’). We are amending 

the Indian Country Minor NSR Rule in 

two ways. First, we are extending 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. Second, we are 

changing the registration deadline for 

new true minor sources in the oil and 

natural gas sector to conform with the 

changes to the NSR minor source 

permitting deadline. We are also 

eliminating a requirement for all true 

minor sources that begin operation 

before September 2, 2014, to obtain a 

minor NSR permit 6 months after EPA 

publishes a general permit because the 

provision no longer affects any source. 

DATES: The final rule is effective on July 

16, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2011–0151. All 

documents in the docket are listed in 

the http://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, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 


emcdonald on DSK67QTVN1PROD with RULES
34232 Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Rules and Regulations 

either electronically in http://

www.regulations.gov or in hard copy at 

the Air and Radiation Docket, EPA/DC, 

William Jefferson Clinton West 

Building, Room 3334, 1301 Constitution 

Avenue NW., Washington, DC 20460. 

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 Air and 

Radiation Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: For 

general questions about this document, 

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 region 

contact for your state: 

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, 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, Mail Code 8P–AR, 

Environmental Protection Agency 

Region 8, Denver, Colorado 80202; 

telephone number (303) 312–6520; fax 

number (303) 312–6649; email address: 

smith.claudia@epa.gov. 

EPA Region 9 (Arizona, California, 

Hawaii, Nevada, and Pacific Islands)— 

Ms. Lisa Beckham, Permits Office, Air 

Division, Air-3, Environmental 

Protection Agency Region 9, San 

Francisco, California 94105; telephone 

number (415) 972–3811; fax number 

(415) 947–3579; email address: 

beckham.lisa@epa.gov. 

All other EPA regions—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: 

Category NAICSa Examples of regulated entities 

Industry ........................................................ 21111 Oil and gas production/operations. 

211111 Crude petroleum and natural gas extraction. 

211112 Natural gas liquid extraction. 

212321 Sand and gravel mining. 

213111 Drilling oil and gas wells. 

213112 Support activities for oil and gas operations. 

22111 Electric power generation. 

221210 Natural gas distribution. 

22132 Sewage treatment facilities. 

23899 Sand and shot blasting operations. 

311119 Animal food manufacturing. 

3116 Beef cattle complex, slaughter house and meat packing plant. 

321113 Sawmills. 

321212 Softwood veneer and plywood manufacturing. 

32191 Millwork (wood products manufacturing). 

323110 Printing operations (lithographic). 

324121 Asphalt hot mix. 

3251 Chemical preparation. 

32711 Clay and ceramics operations (kilns). 

32732 Concrete batching plant. 

3279 Fiber glass operations. 

331511 Casting foundry (iron). 

3323 Fabricated structural metal. 

332812 Surface coating operations. 

3329 Fabricated metal products. 

33311 Machinery manufacturing. 

33711 Wood kitchen cabinet manufacturing. 

42451 Grain elevator. 

42471 Gasoline bulk plant. 

4471 Gasoline station. 

54171 Professional, scientific, and technical services. 

562212 Solid waste landfill. 

72112 Casino hotels. 

811121 Auto body refinishing. 

a 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 

subject to the Indian Country Minor 

NSR Program, and, therefore, potentially 

affected by this action. To determine 

whether your facility is affected by this 

action, you should examine the 

applicability criteria in 40 CFR 49.151 

through 49.161 (i.e., the Indian Country 

Minor NSR Rule). If you have any 

questions regarding the applicability of 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Rules and Regulations 34233 

1The Indian Country Minor NSR Rule is a 

component of ‘‘Review of New Sources and 

Modifications in Indian Country, Final Rule’’ July 

1, 2011 (76 FR 38748) that applies to new and 

modified minor sources and minor modifications at 

major sources. It is codified at 40 CFR 49.151– 

49.161. 

2The ‘‘General Permits and Permits by Rule for 

the Federal Minor New Source Review Program in 

Indian Country’’ was proposed on January 14, 2014 

(79 FR 2546). Proposed changes to the Indian 

Country Minor NSR rule are on pages 79 FR 2570– 

2572. 

3See 79 FR 32502, published on June 5, 2014. 

4Electronic copies of the ANPR are available in 

the docket and in the regulations and standards 

section of our NSR home page located at http://

www.epa.gov/nsr. 

this action to a particular entity, contact 

the appropriate person listed under FOR

FURTHER INFORMATION CONTACT. 

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. Purpose 

In July 2011, EPA finalized a rule that 

includes a minor new source review 

NSR permitting program for sources in 

Indian country. We call the minor 

source permitting part of the rule: The 

‘‘Indian Country Minor NSR Rule.’’ 1 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 Indian 

country, must obtain a permit prior to 

commencing construction (a preconstruction permit) beginning on 

September 2, 2014. 

The purpose of today’s rulemaking is 

to finalize the following two 

amendments to the Indian Country 

Minor NSR Rule: 

(1) Extend the minor NSR permitting 

deadline for true minor sources in the 

oil and natural gas sector located, or 

planning to locate, in Indian country; 

and 

(2) Adjust the registration deadline to 

conform to the extended permitting 

deadline for true minor sources in the 

oil and natural gas sector; and 

(3) We are also eliminating a 

requirement for all true minor sources 

that begin operation before September 2, 

2014, to obtain a minor NSR permit 6 

months after EPA publishes a general 

permit. No general permits have been 

finalized to date, so the provision is 

now moot. 

III. Background 

A. Proposed Amendments to the Indian 

Country Minor NSR Rule 

On January 14, 2014, EPA published 

a proposed rule, ‘‘General Permits and 

Permits by Rule for the Federal Minor 

New Source Review Program in Indian 

Country,’’ 2 that included proposed 

amendments to § 49.151(c)(1)(iii)(B) and 

§ 49.160(c)(1)(ii) and (c)(1)(iii) of the 

Indian Country Minor NSR Rule. Two of 

the proposed amendments affect only 

true minor sources in the oil and natural 

gas sector: (1) The extension of the 

deadline by which true minor sources in 

the oil and natural gas sector must 

receive minor NSR permits prior to 

commencing construction; and (2) the 

deadline by which true minor sources in 

the oil and natural gas sector must 

register. The third proposed amendment 

would affect all true minor sources by 

eliminating the requirement to obtain a 

permit beginning 6 months after EPA 

publishes a general permit for a source 

category in the Federal Register, if that 

date is before September 2, 2014. 

EPA proposed other changes to the 

Indian Country Minor NSR Rule in the 

‘‘General Permits and Permits by Rule 

for the Federal Minor New Source 

Review Program in Indian Country.’’ 

These other proposed changes are not 

part of today’s final rule and will be 

addressed in a separate final 

rulemaking. 

EPA also proposed amendments to 

the Indian Country Minor NSR Rule in 

the proposed rule, ‘‘Review of New 

Sources and Modifications in Indian 

Country—Amendments to the Indian 

Country Minor New Source Review 

Rule,’’ published in the Federal Register 

on June 4, 2013 (78 FR 33266). These 

proposed amendments addressed the 

list of emissions units and activities that 

are exempt from the Indian Country 

Minor NSR Program and definitions of 

‘‘commence construction’’ and ‘‘begin 

construction.’’ We finalized these 

amendments in a final rule published in 

the Federal Register on May 30, 2014 

(79 FR 31035). 

B. How might EPA streamline NSR 

permitting for true minor sources in the 

oil and natural gas sector? 

When we proposed the extension of 

the permit deadline for true minor 

sources in the oil and natural gas sector, 

we explained that an extension of the 

deadline was necessary, in part, because 

of the additional time required to 

appropriately address issues associated 

with this sector. To begin the process of 

addressing these issues, EPA published 

an Advance Notice of Proposed 

Rulemaking (ANPR) to solicit broad 

feedback on the most effective and 

efficient means of implementing the 

Indian Country Minor NSR Rule for new 

and modified true minor sources and 

minor modifications at major sources in 

the oil and natural gas sector located in 

Indian Country.3 In particular, the 

ANPR discusses various approaches, 

including a federal implementation plan 

(FIP), which would establish 

requirements for new and modified true 

minor sources and minor modifications 

at major sources (and possibly existing 

sources as well); and a general permit, 

which would establish a streamlined 

permitting approach for new and 

modified minor sources and minor 

modifications at major sources under 

the Indian Country Minor Source NSR 

Rule. EPA is also seeking feedback on 

other possible approaches such as a 

permit by rule. 

After considering feedback received 

in response to the ANPR,4 EPA intends 

to propose action on regulating new and 

modified true minor sources and minor 

modifications at major sources, and 

possibly also existing sources of oil and 

natural gas production operations in 

Indian country, in a way that: (1) 

Ensures the timely implementation of 

environmental protections; (2) 

maximizes the efficient use of resources; 

(3) minimizes preventable delays in 

economic development; and (4) 

proactively mitigates potential adverse 

air quality-related environmental and 

public health impacts that could result 

from the rapid growth in emissions from 

these sources. 

IV. What final action is EPA taking on 

amendments to the Indian Country 

Minor NSR Rule? 

Today’s final rule promulgates three 

amendments to the Indian Country 

Minor NSR Rule. This section discusses 

those three amendments and our 

rationale for adopting them. 

This final rule amends 

§ 49.151(c)(1)(iii)(B) in two ways. First, 

we are eliminating the requirement to 

obtain a permit beginning 6 months 

after the general permit for a source 

category is published in the Federal 

Register, if that date is before September 

2, 2014. The purpose of this provision 

was to ensure that sources would obtain 

preconstruction permits as soon as 

practicable after a general permit had 

been issued rather than waiting until 

September 2, 2014. However, today’s 

date is fewer than 6 months from 

September 2, 2014, making the 

provision unnecessary. Eliminating it 


emcdonald on DSK67QTVN1PROD with RULES
34234 Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Rules and Regulations 

5Typically, 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; 21311 Drilling oil and gas wells; 

213112 Support activities for oil and gas operations; 

and 221210 Natural gas distribution. 

de-clutters and clarifies the regulatory 

text. 

Second, we are extending the 

permitting deadline 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.5 Today’s final rule changes the 

deadline from September 2, 2014, to 

March 2, 2016, for true minor sources in 

the oil and natural gas sector that either 

begin new construction or modifications 

to an existing source on or after that 

date. 

This final rule also amends a 

provision in the Indian Country Minor 

NSR Rule governing existing minor 

source registration timeframes 

(§ 49.151(c)(1)(iii)(A)) to conform to the 

changes to the registration date that we 

made to another provision in the Indian 

Country Minor NSR rule on the same 

topic (§ 49.160(c)(1)(ii) and (c)(1)(iii)) 

and to eliminate redundant text that 

addresses the effective date of the 

Indian Country Minor NSR Rule. We 

did not propose either change, but had 

intended to make the changes we 

proposed throughout the regulatory text 

to ensure consistency. The first change 

to § 49.151(c)(1)(iii)(A), which addresses 

the registration date for true minor 

sources in Indian Country, is necessary 

to ensure consistency with the changes 

we proposed in § 49.160(c)(1)(ii) and 

(c)(1)(iii). Without the change in 

§ 49.151(c)(1)(iii)(A), the regulatory text 

would have conflicting requirements. 

The second change in 

§ 49.151(c)(1)(iii)(A) eliminates ‘‘you 

must register your source with your 

reviewing authority in your area within 

18 months after the effective date of this 

program, that is.’’ This change 

eliminates unnecessary existing 

regulatory text and does not change any 

requirements. 

Today’s final rule also amends 

§ 49.160(c)(1)(ii) and (c)(1)(iii) to make 

registration deadlines consistent with 

the minor NSR permitting deadline for 

true minor sources in the oil and natural 

gas sector. The Indian Country Minor 

NSR Rule currently requires true minor 

sources that commence construction 

between August 30, 2011, and 

September 2, 2014, to register with the 

appropriate reviewing authority within 

90 days after the source begins 

operation. If a source commences 

construction or modification on or after 

September 2, 2014, its permit 

application fulfills the registration 

requirement. Today’s rule changes the 

September 2, 2014, date to March 2, 

2016, for true minor sources in the oil 

and natural gas sector, thereby 

extending the period during which 

sources in the oil and natural gas sector 

must register. 

V. Summary of Significant Comments 

and Responses 

We received comments from 28 

commenters (twelve tribes or tribal 

entities, two state or local agencies, and 

fourteen industry entities) overall on the 

‘‘General Permits and Permits by Rule 

for the Federal Minor New Source 

Review Program in Indian Country’’ 

proposed rule. The subsections that 

follow provide a summary of the 

comments, and our responses to those 

comments, that relate to the changes 

discussed in Unit IV. and that we are 

addressing in today’s final rule. The 

remainder of the comments will be 

addressed as part of a separate final rule 

that relates to the general permits (or 

permits by rule) and other changes to 

the Indian Country Minor NSR Rule 

proposed in the ‘‘General Permits and 

Permits by Rule for the Federal Minor 

New Source Review Program in Indian 

Country’’ proposed rule. 

A. Consultation With Tribal 

Governments 

Comment: One commenter stated that 

much of EPA’s proposed rule violated 

Executive Order No. 13175 on 

Consultation and Coordination with 

Indian Tribal Governments and EPA’s 

May 2011 Policy on Consultation and 

Coordination with Indian Tribes. 

Response: The EPA coordinated with 

tribal environmental professionals on 

the development of the ‘‘General 

Permits and Permits by Rule for the 

Federal Minor New Source Review 

Program in Indian Country’’ proposed 

rule, including the proposed 

amendments to extend the permitting 

and registration deadlines for true minor 

sources in the oil and natural gas sector 

located in Indian country. The 

coordination consisted of participating 

in monthly teleconferences. 

Specifically, on December 19, 2013, we 

presented an overview of the proposal 

and welcomed feedback and questions. 

On March 4, 2014, we met with 

representatives of the Ute Indian Tribe 

to hear their concerns regarding the 

proposed rule. 

On December 16, 2013, EPA mailed 

letters to over 600 tribal leaders to offer 

consultation. To assist tribes in deciding 

whether to accept our offer of 

consultation, we held a conference call 

on January 6, 2014, during which EPA 

provided an overview of the proposed 

changes and answered questions. We 

did not receive any requests for 

consultation from tribal governments in 

response to our letters offering 

consultation. However, prior to mailing 

the consultation letters, EPA began 

consulting with two tribes. Senior EPA 

officials consulted with the elected Ute 

Indian Tribe tribal leader and other 

members of the Ute Indian Tribe, 

including business committee members, 

on August 27, 2013, September 12, 

2013, and March 21, 2014. Senior EPA 

officials also consulted with the 

designated representatives of the elected 

leaders of the Ute Indian Tribe and the 

Three Affiliated Tribes on July 26, 2013. 

B. Removing the Requirement To Obtain 

a Permit Beginning 6 Months After the 

Publication Date of a General Permit 

Comment: Two commenters 

supported eliminating the 6 month 

requirement, noting that the general 

permits have not been published, and 

cannot be finalized prior to 6 months 

before September 2, 2014. One 

commenter also noted that the change 

clarifies that September 2, 2014, is the 

applicable permitting deadline. 

Response: For the reasons explained 

in this document, this final rule 

eliminates the requirement. 

C. Extending the True Minor Source 

Permitting Deadline of the Indian 

Country Minor NSR Rule for True Minor 

Sources in the Oil and Natural Gas 

Sector 

1. Extension Date 

Comment: No commenters opposed 

extending the true minor source 

permitting deadline for the Indian 

Country Minor NSR Rule, although two 

commenters did express concerns about 

how the extension would affect air 

quality. Sixteen commenters supported 

an extension, citing the need for a 

streamlined approach to permitting 

minor sources in the oil and natural gas 

sector. 

One commenter noted that an 

extension of the deadline is reasonable, 

given the complexity of the oil and 

natural gas sector. Another commenter 

noted that without an extension, 

companies will have to get individual 

permits for every facility. One 

commenter stated that if oil and natural 

gas sources have to obtain site-specific 

permits before commencing 

construction, the delays could have 

‘‘profoundly negative effects on the 

Tribe’s mineral estate, its economy and 

its ability to fund the tribal 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Rules and Regulations 34235 

government,’’ which could affect the 

tribal government’s ability to provide 

‘‘much needed social services to its 

tribal members.’’ Other commenters 

stated that obtaining site-specific 

permits for true minor sources in the oil 

and natural gas sector would cause 

significant and harmful delays due to 

the resources required to prepare and 

submit permit applications and the 

inability of the EPA to review and issue 

permits in a timely manner. One 

commenter noted that ‘‘EPA will be 

inundated with hundreds, maybe 

thousands, of permit applications’’ and 

has ‘‘insufficient staff to review and 

approve’’ these permits. Another 

commenter noted that the number of 

applications for minor source permits 

would ‘‘overwhelm EPA’s limited 

resources and likely lead to unrealistic 

lead times and increased uncertainty for 

sources seeking permits.’’ Another 

commenter stated that even if a general 

permit was proposed soon for the oil 

and natural gas sector, five-and-a-half 

months lead time is not enough for 

companies to make control decisions 

and equipment purchases, which often 

involve waiting lists or require testing to 

assure controls will work in specific 

locations. 

One commenter stated that EPA 

should not pick an arbitrary fixed future 

date for the permitting deadline. Several 

commenters asked EPA to set the 

deadline for permitting as a conditional 

date, i.e., a date 12 months from the 

publication date or effective date of the 

general permit for a source category. 

Commenters were concerned about 

EPA’s ability to issue a final general 

permit by March 2, 2016. One 

commenter stated that if a deadline of 

March 2, 2016, does not provide enough 

time for EPA to issue a general permit 

or permit by rule, we ‘‘could end up in 

the same predicament we find ourselves 

in today,’’ with no general permit or 

permit by rule in place and a fastapproaching deadline. One commenter 

noted that it makes no sense to have an 

effective date until a general permit or 

permit by rule is issued and effective for 

a sector. 

One commenter requested that EPA 

allow adequate lead time between the 

date a final oil and natural gas sector 

general permit, or permit by rule, is 

published and the permitting deadline. 

One commenter noted that 12 months 

would give oil and natural gas operators 

sufficient time to read and understand 

the general permit, or permit by rule, 

and to prepare hundreds of individual 

permit applications. 

Response: We are aware that EPA’s 

ability to review and issue minor NSR 

permits for the oil and natural gas sector 

would be strained without a streamlined 

approach to permitting for true minor 

sources in the oil and natural gas sector. 

We are also aware that delays in issuing 

permits can be costly to industry and to 

tribes. To help address these concerns, 

we are developing a streamlined 

approach to permitting minor sources in 

the oil and natural gas sector. As 

discussed in Unit III.B., we published 

an ANPR that addresses various aspects 

of permitting oil and natural gas sources 

and requests comment from the public 

on how EPA might best apply federally 

enforceable limits that protect air 

quality in Indian country and minimize 

potentially costly delays. 

Following the ANPR, EPA will 

develop a notice of proposed 

rulemaking and a final rule. A 

permitting deadline prior to March 2, 

2016, does not allow sufficient time to 

propose and promulgate a general 

permit, FIP, or other possible approach 

(i.e., a permit by rule) for sources in the 

oil and natural gas sector. However, a 

deadline date of March 2, 2016, should 

provide sufficient time for us to 

complete the regulatory development 

process and to finalize a streamlined 

approach for addressing the potential 

impact of true minor sources in the oil 

and natural gas sector. Therefore, 

today’s final rule is extending the 

permitting deadline for true minor 

sources in the oil and natural gas sector 

to March 2, 2016. 

We do not believe that an open-ended 

extension of the permit deadline is 

appropriate for a number of reasons. 

First, while we believe that an extension 

of the permitting deadline is necessary 

in practical terms for the successful 

implementation of the minor source 

permitting program for oil and natural 

gas sources, this means that a true minor 

source in the oil and natural gas sector 

that begins construction before March 2, 

2016, will not be required to have an 

NSR permit. We recognize that the 

extended period of time true minor 

sources in the oil and natural gas sector 

will be able to construct without first 

obtaining an NSR permit could have a 

negative impact on air quality in Indian 

country. We believe that establishing a 

date of March 2, 2016, as the date by 

which true minor sources must obtain 

an NSR permit prior to commencing 

construction will help to minimize any 

such impacts. A nonspecific deadline 

conditional on the timing of publication 

in the Federal Register of a general 

permit could exacerbate any such 

impacts. Second, an open-ended 

extension would not provide the 

certainty that industry representatives 

have consistently said they need in 

order to make informed decisions 

regarding the purchase and locating of 

equipment. Third, one of the reasons 

commenters asked EPA for a conditional 

permitting deadline is the amount of 

lead time they said sources require to 

develop permit applications. When 

public comments were submitted, EPA 

had not published the ANPR, which 

discusses the possibility of issuing 

federally enforceable requirements 

using a FIP instead of a general permit 

for true minor sources in the oil and 

natural gas sector in Indian country. As 

discussed in the ANPR, an oil and 

natural gas production FIP would apply 

directly by regulation and would 

authorize construction or modification 

of sources complying with the 

requirement; sources would not need to 

submit a permit application or obtain 

coverage under a permit. This would 

mean that a source in compliance with 

the FIP could begin construction at any 

point after meeting notification 

requirements, potentially eliminating 

the need for significant lead time. If EPA 

issues a general permit or follows 

another approach instead of a FIP for 

minor sources in the oil and natural gas 

sector, then we will take into 

consideration the need for lead time. 

2. Source Categories and Sources in the 

Oil and Natural Gas Sector Subject to 

the Permitting Deadline Extension 

Comment: Several commenters stated 

that the permitting deadline extension 

should apply to all true minor sources 

at oil and natural gas facilities. One 

commenter further specified that the 

permitting deadline extension should 

apply to glycol dehydrators, compressor 

stations, natural gas processing plants, 

and any other gas gathering facilities. 

Another commenter linked the 

equipment covered by a general permit 

to equipment covered by the extension 

deadline and stated that the general 

permit should be for storage tanks, 

dehydrators, and compressor stations. 

One commenter stated that the 

permitting deadline extension should 

include gas gathering activities and 

asked that the EPA clarify the NAICS 

code that includes oil and gas gathering 

activities. One commenter stated that a 

general permit for stationary engines 

would be especially relevant for 

facilities in the oil and gas industry. The 

commenter also stated that it ‘‘makes no 

sense to make the program effective for 

the oil and gas industry until after a 

general permit or permit by rule has 

been issued and is effective for . . . all 

source types used in that sector.’’ 

Several commenters stated that EPA 

should provide a permitting extension 

to true minor sources in all source 

categories. 


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6 ‘‘Affected emissions units’’ is defined in the 

definitions section (§ 49.152) of the Indian Country 

Minor NSR Rule. 

7We are basing our sense of the number of 

potential sources in other source categories on 

information from two sources. First, it is based on 

the mix of existing minor sources that registered 

with EPA in response to the March 2013 deadline. 

The number of oil and natural gas sources that have 

registered far outweighs the number of sources that 

have registered in other source categories. Second, 

EPA’s projections of minor source growth in Indian 

country also indicates far higher growth in oil and 

natural gas sources versus sources in other 

categories. A copy of the economic analysis can be 

found in the following docket: Docket ID No. EPA– 

HQ–OAR–2011–0151. 

Response: EPA agrees with the 

commenters that the permitting 

extension should apply to all affected 

emissions units that are located at a true 

minor source in the oil and natural gas 

sector.6 An affected emissions unit, 

such as a boiler or an internal 

combustion engine, does not have to be 

exclusive to the industry, but it must be 

necessary for, and used in conjunction 

with, the extraction, production, 

processing, storage, transmission or 

distribution of oil or natural gas to be 

part of the oil and natural gas sector. We 

decided to apply the extension to all 

affected emissions units at true minor 

sources in the oil and natural gas sector 

because we have yet to determine which 

affected emissions units will be covered 

by a general permit, FIP or other 

approach. Before we decide in a 

subsequent notice of proposed 

rulemaking which affected emission 

units we want to propose to be covered, 

we want to consider the public 

comments received on a host of issues 

outlined in the ANPR. We expect that 

most affected emissions units at true 

minor sources in the oil and natural gas 

sector will be covered by one of the 

approaches outlined in the ANPR or 

which come to light in comments 

received on the ANPR; however, we 

believe it best to extend the deadline for 

all affected emissions units at true 

minor sources in the oil and natural gas 

sector until we determine exactly which 

affected emissions units will be covered. 

EPA is not extending the permitting 

deadline for all true minor sources 

because we do not believe an extension 

is warranted for other source categories. 

If general permits, or permits by rule, 

are not in place for other source 

categories by September 2, 2014, we 

would issue site-specific permits for the 

sources in those source categories that 

seek minor source permits during what 

we anticipate to be a short period of 

time between that date and the date 

when general permits or permits by rule 

are available.7 We believe that the time 

during which the issuance of sitespecific permits may be necessary will 

be short because we have proposed 

general permits, or permits by rule, for 

five source categories in Indian country 

and expect to propose additional 

general permits, or permits by rule, later 

this year. 

For the purposes of the permitting 

and registration deadlines, as specified 

in §§ 49.151(c)(1)(iii)(A) and 

(c)(1)(iii)(B), and 49.160(c)(1)(i) through 

(c)(1)(iii), for true minor sources, an ‘‘oil 

and natural gas source’’ is part of the oil 

and natural gas sector. The oil and 

natural gas sector encompasses all 

operations in the extraction and 

production of oil and natural gas, as 

well as the processing, transmission and 

distribution of natural gas. Specifically 

for oil, the sector includes all operations 

from the well to the point of custody 

transfer at a petroleum refinery. For 

natural gas, the sector includes all 

operations from the well to the final end 

user. The oil and natural gas sector can 

generally be separated into four 

segments: (1) Oil and natural gas 

production; (2) natural gas processing; 

(3) natural gas transmission and storage; 

and (4) natural gas distribution. 

The oil and natural gas production 

segment includes the wells and all 

related processes used in the extraction, 

production, recovery, lifting, 

stabilization, and separation or 

treatment of oil and/or natural gas 

(including condensate). Production 

components may include, but are not 

limited to, wells and related casing 

head, tubing head and ‘‘Christmas tree’’ 

piping, as well as pumps, compressors, 

heater treaters, separators, storage 

vessels, pneumatic devices and 

dehydrators. Production operations also 

include the well drilling, completion 

and workover processes and include all 

the portable non-self-propelled 

apparatus associated with those 

operations. Production sites include not 

only the sites where the wells 

themselves are located, but also include 

stand-alone ‘‘pads’’ where oil, 

condensate, produced water, and 

natural gas from several wells may be 

separated, stored, and treated. The 

production segment also includes the 

low to medium pressure, smaller 

diameter, gathering pipelines and 

related components that collect and 

transport the oil, natural gas and other 

materials and wastes from the wells or 

well pads. We believe most true minor 

sources in the oil and natural gas sector 

that will need a minor NSR permit are 

in the oil and natural gas production 

segment. 

The natural gas production segment 

ends where the natural gas enters a 

processing plant. In situations where 

there is no processing plant, the natural 

gas production segment ends at the 

point where the natural gas enters the 

transmission segment for long-line 

transport. The crude oil production 

segment ends at the storage and load-out 

terminal which is used for transport of 

the crude oil to a petroleum refinery via 

trucks or railcars. The petroleum 

refinery is not considered a part of the 

oil and natural gas sector. Thus, with 

respect to crude oil, the oil and natural 

gas sector ends where crude oil enters 

the petroleum refinery. 

The second segment, natural gas 

processing, consists of separating 

certain hydrocarbons and fluids from 

the natural gas to produce ‘‘pipeline 

quality’’ dry natural gas. Pipeline 

quality natural gas leaves the natural gas 

processing segment and enters the third 

segment, natural gas transmission and 

storage, which includes pipelines, 

reciprocating or centrifugal 

compressors, and underground storage 

facilities. The fourth segment is the 

natural gas distribution segment. Local 

distribution companies comprise the 

natural gas distribution segment and 

deliver natural gas to the final end user. 

As explained earlier in this comment 

response, we believe that most true 

minor sources that will need a minor 

NSR permit will be in the oil and 

natural gas production segment. 

3. Protection of Air Quality in Indian 

Country During the Period of the 

Extension 

Comment: One commenter expressed 

concern that extending the permitting 

deadline may provide yet additional 

time for oil and natural gas sources to 

commence new operations or make 

modifications to existing sources 

without a permit. The commenter noted 

that the oil and gas sector is one of the 

most prolific sources in some areas of 

Indian country and it might not be 

beneficial to have so many unpermitted 

sources during the extension period. 

Another commenter asked how EPA 

will protect air quality in Indian country 

during the period of the extension. 

Response: EPA recognizes that 

extending the minor NSR permitting 

deadline for the oil and natural gas 

sector could have negative impacts on 

air quality in Indian country, because 

some sources will not have to install air 

pollution controls that might otherwise 

have been required. Such impacts 

should be minimized, because many 

new, modified and reconstructed 

sources in Indian country will have to 

meet the requirements of the Agency’s 

oil and natural gas New Source 


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Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Rules and Regulations 34237 

8See 40 CFR part 60, subpart OOOO, ‘‘Standards 

of Performance for Crude Oil and Natural Gas 

Production, Transmission, and Distribution.’’ 

9See 40 CFR part 60, subpart OOOO, ‘‘Standards 

of Performance for Crude Oil and Natural Gas 

Production, Transmission, and Distribution.’’ 

10The white papers can be found at http://

www.epa.gov/airquality/oilandgas. 

Performance Standard (NSPS).8 The 

NSPS covers most emission sources in 

the production segment of the oil and 

natural gas sector, including 

completions of hydraulically fractured 

gas wells, storage vessels, compressors, 

and pneumatic controllers. Sources 

constructed, modified or reconstructed 

after August 23, 2011, must comply 

with the requirements of the NSPS. The 

NSPS will be fully implemented in 

2015. Thus, the NSPS will help protect 

air quality during the extension. 

Moreover, the permitting extension 

applies only to true minor sources; the 

requirement that major sources and 

synthetic minor sources obtain preconstruction permits in Indian country 

is not affected. 

EPA does not have the necessary 

resources to deal with the anticipated 

number of site-specific permit 

applications that would be submitted 

between the current September 2, 2014, 

deadline and the date by which we are 

able to issue a FIP, general permit or 

other streamlined mechanism for the 

permitting of true minor sources in the 

oil and natural gas sector. This could 

result in significant delays in 

construction of oil and natural gas 

sources in Indian country. Commenters 

representing both tribes and industry 

expressed concerns about the negative 

impacts of delays in obtaining permits. 

The permitting extension also gives us 

an opportunity to coordinate among all 

of the ongoing efforts to better manage 

the regulatory challenges posed by this 

large, rapidly growing, complex sector. 

Three activities are highlighted here. 

First, as previously mentioned, we have 

promulgated an NSPS regulation for this 

source category 9 that applies directly to 

new, modified, and reconstructed 

sources in the industry and requires 

emission controls for some sources. 

These requirements are independent of 

any NSR permit. Second, on April 15, 

2014, we released several technical 

white papers for peer review that 

address emerging data on volatile 

organic compounds and methane 

emissions from certain sources in the oil 

and natural gas sector, as well as 

techniques for mitigating those 

emissions.10 These white papers, and 

the comments they elicit, will help us 

solidify our understanding of the sector 

and will help inform future policy 

decisions as we consider potential 

voluntary and regulatory approaches. 

Third, we are working to improve our 

emissions inventory and emissions 

factors for the oil and natural gas sector. 

These improvements will allow us to 

better assess the potential impacts of 

increased production. 

An extension to the permitting 

deadline also gives us time to evaluate 

public comments on the ANPR 

(discussed in Unit III.), including 

comments that address whether EPA 

should cover existing sources in an oil 

and natural gas FIP. Covering existing 

oil and natural gas sources in a FIP, if 

we decide to do so, could allow us to 

better manage emissions increases in 

those areas of Indian country that 

exceed, or are close to exceeding, the 

ozone National Ambient Air Quality 

Standards (NAAQS) because of 

emissions from the oil and natural gas 

sector. This could also ensure greater 

consistency with the requirements in 

minor NSR permits previously issued by 

surrounding states. 

D. Registration 

Comment: Two commenters 

supported the proposed change to the 

registration date for true minor sources 

in the oil and natural gas sector. We did 

not receive any adverse comments on 

the proposed change. 

Response: We changed the 

registration date for true minor sources 

in the oil and natural gas sector to be 

consistent with the permitting deadline 

of March 2, 2016. 

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’’ under the terms of 

Executive Order (E.O.) 12866 (58 FR 

51735, October 4, 1993) and is therefore 

not subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. The action 

will not create any new requirements 

under the Indian Country Minor NSR 

Program, but rather extends permitting 

and registration deadlines for true minor 

sources in the oil and natural gas sector, 

potentially reducing burden. However, 

the Office of Management and Budget 

(OMB) has previously approved the 

information collection requirements 

contained in the existing regulations for 

the Indian Country Minor NSR Program 

(40 CFR 49.151 through 49.161) under 

the provisions of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq., 

and has assigned OMB control number 

2060–0003. The OMB control numbers 

for the EPA’s regulations in 40 CFR are 

listed in 40 CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedures Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of this final action on small entities, 

small entity is defined as: (1) A small 

business as defined in the U.S. Small 

Business Administration size standards 

at 13 CFR 121.201; (2) a small 

governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; or (3) a 

small organization that is any not-forprofit enterprise that is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this final action on small 

entities, I certify that this final action 

will not have a significant economic 

impact on a substantial number of small 

entities. In determining whether a rule 

has a significant economic impact on a 

substantial number of small entities, the 

impact of concern is any significant 

adverse economic impact on small 

entities, since the primary purpose of 

the regulatory flexibility analysis is to 

identify and address regulatory 

alternatives ‘‘which minimize any 

significant economic impact of the rule 

on small entities.’’ 5 U.S.C. 603 and 604. 

Thus, 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, or otherwise has a positive 

economic effect, on all of the small 

entities subject to the rule. 

This final action will not create any 

new requirements under the Indian 

Country Minor NSR Program. It merely 

extends the permit and registration 

deadlines for true minor sources in the 

oil and natural gas sector in Indian 

country. Therefore, it would not impose 

any additional burden on any sources 


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34238 Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Rules and Regulations 

(including small entities). We have 

therefore concluded that this final rule 

will be neutral or relieve the regulatory 

burden for all affected small entities. 

D. Unfunded Mandates Reform Act 

This action contains no federal 

mandate under the provisions of Title II 

of the Unfunded Mandates Reform Act 

of 1995 (UMRA), 2 U.S.C. 1531–1538 for 

state, local or tribal governments in the 

aggregate, or the private sector in any 1 

year. This action will not create any 

new requirements under the Indian 

Country Minor NSR Program, but rather 

extends the permitting and registration 

deadlines for true minor sources in the 

oil and natural gas sector in Indian 

country. Therefore, this action is not 

subject to the requirements of sections 

202 or 205 of UMRA. 

This action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. As 

noted previously, the effect of this final 

rule will be neutral or relieve regulatory 

burden. 

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, as specified in 

Executive Order 13132. This final rule 

will revise the Indian Country Minor 

NSR Program, which applies only in 

Indian country, and will not, therefore, 

affect the relationship between the 

national government and the states or 

the distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Subject to the Executive Order 13175 

(65 FR 67249, November 9, 2000), EPA 

may not issue a regulation that has tribal 

implications, that imposes substantial 

direct compliance costs and that is not 

required by statute, unless the Federal 

government provides the funds 

necessary to pay the direct compliance 

costs incurred by tribal governments or 

EPA consults with tribal officials early 

in the process of developing the 

proposed regulation and develops a 

tribal summary impact statement. 

EPA has concluded that this final rule 

will have tribal implications. However, 

it will neither impose substantial direct 

compliance costs on tribal governments, 

nor preempt tribal law. This final rule 

will have tribal implications since it 

revises the Indian Country Minor NSR 

Program, which applies to both triballyowned and privately-owned sources in 

Indian country. As with the existing 

rule, the revised rule will be 

implemented by EPA, or a delegate 

tribal agency assisting EPA with 

administration of the rules, until 

replaced by an EPA-approved tribal 

implementation plan. The effect of this 

final rule will be to extend the 

permitting and registration deadlines for 

true minor sources in the oil and natural 

gas sector. 

EPA coordinated with tribal 

environmental professionals on the 

development of the ‘‘General Permits 

and Permits by Rule for the Federal 

Minor New Source Review Program in 

Indian Country’’ proposed rule, 

including the proposed amendments to 

extend the permitting and registration 

deadlines for true minor sources in the 

oil and natural gas sector located in 

Indian country. The coordination 

consisted of participating in monthly 

teleconferences. Specifically, on 

December 19, 2013, we presented an 

overview of the proposal and welcomed 

feedback and questions. On March 4, 

2014, we met with representatives of the 

Ute Indian Tribe to hear their concerns 

regarding the proposed rule. On 

December 16, 2013, EPA mailed letters 

to over 600 tribal leaders to offer 

consultation. To assist tribes in deciding 

whether to accept our offer of 

consultation, we held a conference call 

on January 6, 2014, during which EPA 

provided an overview of the proposed 

changes and answered questions. We 

did not receive any requests for 

consultation from tribal governments in 

response to our letters offering 

consultation. However, prior to mailing 

the consultation letters, EPA began 

consulting with two tribes. Senior EPA 

officials consulted with the elected Ute 

Indian Tribe tribal leader and other 

members of the Ute Indian Tribe, 

including business committee members, 

on August 27, 2013, September 12, 

2013, March 4, 2014, and March 21, 

2014. Senior EPA officials also 

consulted with the designated 

representatives of the elected leaders of 

the Ute Indian Tribe and the Three 

Affiliated Tribes on July 26, 2013. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045 because it does 

not establish an environmental standard 

intended to mitigate health or safety 

risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law No. 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. The NTTAA directs EPA to 

provide Congress, through the OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This rulemaking does not involve 

technical standards. Therefore, EPA has 

not considered the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations. This final rule 

will extend the true minor source 

permit deadlines for oil and natural gas 

sources under the Indian Country Minor 


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Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Rules and Regulations 34239 

NSR Program. EPA recognizes that this 

will result in some sources not 

installing air pollution controls that 

might otherwise have been required by 

a permit, but believes that any negative 

impacts on air quality associated with 

such activities will not be significant 

and that the practical need for the 

extension justifies any such impacts in 

the near term. Many new, modified and 

reconstructed sources in Indian country 

will have to meet the requirements of 

the Agency’s oil and natural gas NSPS. 

The NSPS covers most emission sources 

in the production segment of the oil and 

natural gas sector, including 

completions of hydraulically fractured 

gas wells, storage vessels, compressors, 

and pneumatic controllers. Sources 

constructed, modified or reconstructed 

after August 23, 2011, must comply 

with the requirements of the NSPS. The 

NSPS will be fully implemented in 

2015. Thus, the NSPS will help protect 

air quality during the extension. 

Moreover, the permitting extension 

applies only to true minor sources; the 

requirement that major sources and 

synthetic minor sources obtain preconstruction permits in Indian country 

is not affected. 

K. Congressional Review Act 

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. 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 July 16, 2014. 

L. Judicial Review 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the District 

of Columbia Circuit by August 15, 2014. 

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 

Clean Air Act, the requirements of this 

final action may not be challenged later 

in civil or criminal proceedings brought 

by us to enforce these requirements. 

VII. Statutory Authority 

The statutory authority for this action 

is provided by sections 101, 110, 112, 

114, 116 and 301 of the Clean Air Act 

as amended (42 U.S.C. 7401, 7410, 7412, 

7414, 7416 and 7601). 

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: May 22, 2014. 

Gina McCarthy, 

Administrator. 

Therefore, 40 CFR part 49 is amended 

as follows: 

PART 49—[AMENDED] 

■ 1. The authority citation for part 49 

continues to read as follows: 

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

■ 2. In § 49.151, revise paragraphs 

(c)(1)(iii)(A) and (c)(1)(iii)(B) to read as 

follows: 

§ 49.151 Program overview. 

* * * * * 

(c) * * * 

(1) * * * 

(iii) * * * (A) If you own or operate 

an existing true minor source in Indian 

country (as defined in 40 CFR 

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 March 2, 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 § 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 §§ 49.154 and 

49.155 (or a general permit pursuant to 

§ 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 March 2, 2016, 

you must first obtain a permit pursuant 

to §§ 49.154 and 49.155 (or a general 

permit pursuant to § 49.156, if 

applicable). The proposed new source 

or modification will also be subject to 

the registration requirements of 

§ 49.160, except for sources that are 

subject to § 49.138. 

* * * * * 

■ 3. In § 49.160, revise paragraphs 

(c)(1)(i), (c)(1)(ii), and (c)(1)(iii) to read 

as follows: 

§ 49.160 Registration program for minor 

sources in Indian country. 

* * * * * 

(c) * * * 

(1) * * * 

(i) If you own or operate an existing 

true minor source (as defined in 40 CFR 

49.152(d)), you must register your 

source with the reviewing authority by 

March 1, 2013. 

(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 March 

2, 2016, you must register your source 

with the reviewing authority within 90 

days after the source begins operation. 

(iii) If your true minor source is not 

an oil and natural gas source, and you 

commence construction or modification 

of your source on or after September 2, 

2014, and your source is subject to this 

rule, you must report your source’s 

actual emissions (if available) as part of 

your permit application and your permit 

application information will be used to 

fulfill the registration requirements 

described in § 49.160(c)(2). If your true 

minor source is an oil and natural gas 

source, and you commence construction 

or modification of your source on or 

after March 2, 2016, and your source is 

subject to this rule, you must report 

your source’s actual emissions (if 

available) as part of your permit 

application and your permit application 

information will be used to fulfill the 


emcdonald on DSK67QTVN1PROD with RULES
34240 Federal Register / Vol. 79, No. 115 / Monday, June 16, 2014 / Rules and Regulations 

registration requirements described in 

§ 49.160(c)(2). 

* * * * * 

[FR Doc. 2014–14030 Filed 6–13–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0413; FRL–9912–03- 

Region-9] 

Revisions to the California State 

Implementation Plan, Great Basin 

Unified Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the Great 

Basin Unified Air Pollution Control 

District (GBUAPCD) portion of the 

California State Implementation Plan 

(SIP). This revision concerns particulate 

matter (PM) emissions from agricultural 

sources. We are approving a local rule 

that regulates these emission sources 

under the Clean Air Act (CAA or the 

Act). 

DATES: This rule is effective on August 

15, 2014 without further notice, unless 

EPA receives adverse comments by July 

16, 2014. If we receive such comments, 

we will publish a timely withdrawal in 

the Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2014–0413, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California 94105–3901. While all 

documents in the docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., CBI). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Levin, EPA Region IX, (415) 972– 

3848, levin.nancy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rule did the State submit? 

B. Are there other versions of this rule? 

C. What is the purpose of the submitted 

rule? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. EPA Recommendations to Further 

Improve the Rule 

D. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rule did the State submit? 

Table 1 lists the rule we are approving 

with the dates that it was adopted by the 

local air agency and submitted by the 

GBUAPCD. 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted Submitted 

GBUAPCD ........ 502 Conservation Management Practices .......................................................... 07/07/05 10/20/05

On November 22, 2005 EPA 

determined that the submittal for 

GBUAPCD Rule 502 met the 

completeness criteria in 40 CFR Part 51 

Appendix V, which must be met before 

formal EPA review. 

B. Are there other versions of this rule? 

There are no previous versions of 

Rule 502 in the SIP. 

C. What is the purpose of the submitted 

rule? 

PM contributes to effects that are 

harmful to human health and the 

environment, including premature 

mortality, aggravation of respiratory and 

cardiovascular disease, decreased lung 

function, visibility impairment, and 

damage to vegetation and ecosystems. 

Section 110(a) of the CAA requires 

States to submit regulations that control 

PM emissions. This rule requires that 

agricultural owner/operators limit PM– 

10 (10 micrograms or smaller in 

diameter) emissions by selecting and 

implementing ‘‘Conservation 

Management Practices’’ or CMPs. EPA’s 

technical support document (TSD) has 

more information about this rule. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rule? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

Act) and must not relax existing 

requirements (see sections 110(l) and 

193). In addition, areas designated and 

classified as moderate nonattainment for 

PM–10 must implement Reasonably 

Available Control Measures (RACM), 

and areas designated and classified as 

serious nonattainment for PM–10 must 

implement Best Available Control 

Measures (BACM) (see CAA sections 

189(a)(1) and 189(b)(1)). The GBUAPCD 

regulates PM–10 nonattainment areas 

classified as moderate (Mammoth Lakes 

and Mono Basin) and serious (Owens 

Valley) (see 40 CFR Part 81.305). 

Guidance and policy documents that 

we used to evaluate this rule include the 

following: 


emcdonald on DSK67QTVN1PROD with RULES