### United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Services 3425 MiriamAvenue Bismarck, North Dakota58501 JAN 

### 2 9 2013. u.s. FISH" WILDLIFE SERVICE 

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Victoria Parker-Christensen Environmental Engineer U.S. Environmental Protection Agency 1595 Wynkoop Street Denver, Colorado 80202-1129 Re: Section 7 Consultation forFederal Implementation Plan under CleanAir 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 implementationplan (FIP) under the Clean Air Act (CAA) to establish air quality control requirements for reducing volatile organic compound (VOC) emissions from oil andnatural gas production operations within the exteriorboundary ofthe Fort Berthold Indian Reservation (FBIR) inNorth Dakota. The main purpose ofthe rule is to protectthe health andthe environment ofthe communities in and adjacent to the Fort Berthold Indian Reservation. The rule will also provide enforceable control requirements forthe 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 ofmy staffto help us better understand the process andpotential impacts ofimplementation ofthe FIP. Currently, the North Dakota Industrial Commission (NDIC) andthe North DakotaDepartment of Health (NDDoH) have enforceableregulations which provide air quality protection and allow operators to take into accountthe emissionreductions achievedfrom combustion ofthe natural gas emissions when calculating theirpotential-to-emit (PTE) ofVOCs to determine the applicability ofCAA preconstruction permitting requirements fortheir facilities. However, there are no such enforceable mechanisms available on the FBIR. The proposed rule will, consistent with the NDIC andNDDoH 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 lowerthe PTE ofVOCs to a levelthat may allow- - - n- ... ..

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them to construct without being required to obtain a federalpreconstruction permit underthe CAA. More importantly, however, this proposed rule will provide air qualityprotections to health andthe environment on the FBIR. Therefore, the Service concurs with your "may affect, is not likely to adversely affect" determination for whooping crane, interior leasttern, piping plover, pallid sturgeon and designated critical habitat for piping plover. As a matter ofpolicy, the Service does not concur with "no effect" determinations; however, we acknowledge your "no effect" determination for gray wolf andblack footed ferret. Thank you for the opportunity to comment on this project proposal. Ifyou require further information or the project plans change, please contactHeidi Riddle ofmy staffat (701) 250- 4481 or atthe letterhead address. Sincerely,



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## \(~ Jeffrey K. Towner Field Supervisor North Dakota Field Office

cc: Bureau ofIndian Affairs, Aberdeen, SD Attn: M. Bercier Bureau ofLand Management, Dickinson, ND ND Game & Fish Department, Bismarck, ND Attn: G. Link