United States Department of the Interior

FISH AND WILDLIFE SERVICE

Ecological Services

3425 Miriam Avenue

Bismarck, North Dakota 58501

JAN 2 9 2013.

u.s. FISH" WILDLIFE SERVICE

~

Victoria Parker-Christensen

Environmental Engineer

U.S. Environmental Protection Agency

1595 Wynkoop Street

Denver, Colorado 80202-1129

Re: Section 7 Consultation for Federal Implementation

Plan under Clean Air Act for Oil and Gas

Production Facilities on Fort Berthold

Inreply, please reference TAILS #2012-CPA-0734

Dear Ms. Parker-Christensen:

This is in response to your letter dated July 12,2012, requesting informal consultation with the

U.S. Fish and Wildlife Service (Service) for a Reservation-specific federal implementation plan

(FIP) under the Clean Air Act (CAA) to establish air quality control requirements for reducing

volatile organic compound (VOC) emissions from oil and natural gas production operations

within the exterior boundary of the Fort Berthold Indian Reservation (FBIR) in North Dakota.

The main purpose of the rule is to protect the health and the environment of the communitiesin

and adjacent to the Fort Berthold Indian Reservation. The rule will also provide enforceable

control requirements for the use ofVOC emission controlsthat are already being used as an

industry standard. You also provided additional documentation, including a Technical Support

Document, on October 12, 2012. The Service appreciates your time in providing additional

documentation as well as your assistance in multiple phone conversations and email

correspondence between you and Heidi Riddle of my staffto help us better understand the

process and potential impacts of implementation of the FIP.

Currently, the North Dakota Industrial Commission (NDIC) and the North Dakota Department of

Health (NDDoH) have enforceable regulations which provide air quality protection and allow

operators to take into account the emission reductions achieved from combustion of the natural

gas emissions when calculating their potential-to-emit (PTE) ofVOCs to determine the

applicability of CAA preconstruction permitting requirementsfor their facilities. However, there

are no such enforceable mechanisms available on the FBIR.

The proposed rule will, consistent with the NDIC and NDDoH rules, impose enforceable

requirements to reduce VOC emissions from all existing and any future facilities. This will

allow operators on the FBIR the same ability to lower the PTE ofVOCs to a level that may allow
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2

them to construct without being required to obtain a federal preconstruction permit under the

CAA. More importantly, however, this proposed rule will provide air quality protections to

health and the environment on the FBIR. Therefore, the Service concurs with your "may affect,

is not likely to adversely affect" determination for whooping crane, interior least tern, piping

plover, pallid sturgeon and designated critical habitat for piping plover.

As a matter of policy, the Service does not concur with "no effect" determinations; however, we

acknowledge your "no effect" determination for gray wolf and black footed ferret.

Thank you for the opportunity to comment on this project proposal. If you require further

information or the project plans change, please contact Heidi Riddle of my staff at (701) 250-

4481 or at the letterhead address.

Sincerely,

~ 7-(. \(~

Jeffrey K. Towner

Field Supervisor

North Dakota Field Office

cc: Bureau of Indian Affairs, Aberdeen, SD

Attn: M. Bercier

Bureau of Land Management, Dickinson, ND

ND Game & Fish Department, Bismarck, ND

Attn: G. Link