9312 Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules

date final regulations are filed with the

Office of the Federal Register.

* * * * *

Margaret Milner Richardson,

Commissioner of Internal Revenue.

[FR Doc. 95–3771 Filed 2–16–95; 8:45 am]

BILLING CODE 4830–01–P

DEPARTMENT OF THE INTERIOR

Minerals Management Service

30 CFR Part 250

RIN 1010–AB96

Flaring or Venting Gas and Burning

Liquid Hydrocarbons

AGENCY: Minerals Management Service

(MMS), Interior.

ACTION: Proposed rule.

SUMMARY: This proposed rule would

amend regulations governing the

restrictions on flaring or venting gas to

include restrictions on burning liquid

hydrocarbons. The MMS is proposing to

amend these regulations because of the

increased interest in burning liquid

hydrocarbons and to clarify the

restrictions on burning this natural

resource. The amendment would

conserve liquid hydrocarbons and

protect the environment from the

possible effects of burning liquid

hydrocarbons.

DATES: Comments on this proposed rule

must be postmarked or received on or

before April 18, 1995 to be considered

for this rulemaking.

ADDRESSES: Mail or hand-carry

comments to the Department of the

Interior; Minerals Management Service;

Mail Stop 4700; 381 Elden Street;

Herndon, Virginia 22070–4817;

Attention: Chief, Engineering and

Standards Branch.

FOR FURTHER INFORMATION CONTACT:

Sharon Buffington, Engineering and

Standards Branch, telephone (703) 787–

1600.

SUPPLEMENTARY INFORMATION: Requests

for burning liquid hydrocarbons (crude

oil and condensate) have become more

frequent in the Outer Continental Shelf.

In the interest of conserving natural

resources, and because of the

environmental concerns associated with

this burning, MMS proposes to amend

the regulations at 30 CFR 250.175,

which currently include restrictions on

flaring and venting of gas, to include

restrictions on burning liquid

hydrocarbons.

Under proposed new paragraph (c) of

30 CFR 250.175, lessees will not be

permitted to burn liquid hydrocarbons

without the prior approval of the

Regional Supervisor. To obtain

approval, the lessee must demonstrate

that the amounts to be burned would be

minimal or that the alternatives, such as

transporting the liquids or storing and

re-injecting the liquids, are infeasible or

pose a significant risk to offshore

personnel or the environment. The term

‘‘lessee’’ also includes their agents and

designees.

Authors

Sharon Buffington and Jo Ann

Lauterbach, Engineering and

Technology Division, MMS, prepared

this document.

Executive Order (E.O.) 12866

The Department of the Interior (DOI)

reviewed this proposed rule under E.O

12866 and determined that it is not a

significant rule.

Regulatory Flexibility Act

The DOI determined that this

proposed rule will not have a significant

effect on a substantial number of small

entities. In general, the entities that

engage in offshore activities are not

considered small due to the technical

and financial resources and experience

necessary to safety conduct such

activities.

Paperwork Reduction Act

The proposed information collection

requirements contained in § 250.175

were submitted to the Office of

Management and Budget (OMB) for

approval as required by the Paperwork

Reduction Act (44 U.S.C. 3501 et seq.).

The DOI will not require the

collection on this information until

OMB has approved its collection.

The MMS estimates the public

reporting burden for this information to

average 1.5 hours per response,

including the time for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the information collection.

Send comments regarding this burden

estimate or any other aspects of this

collection of information, including

suggestions for reducing the burden, to

the Information Collection Clearance

Officer; Minerals Management Service;

Mail Stop 2053, 381 Elden Street;

Herndon, Virginia 22070–4817, and the

Office of Management and Budget,

Paperwork Reduction Project (1010–

0041), Washington, DC 20503.

Takings Implication Assessment

The DOI determined that this

proposed rule does not represent a

governmental action capable of

interference with constitutionally

protected property rights. Thus, a

Takings Implication Assessment does

not need to be prepared pursuant to E.O.

12630, Government Action and

Interference with Constitutionally

Protected Property Rights.

E.O. 12778

The DOI certified to OMB that this

proposed rule meets the applicable civil

justice reform standards provided in

Sections 2(a) and 2(b)(2) of E.O. 12778.

National Environmental Policy Act

The DOI determined that this action

does not constitute a major Federal

action significantly affecting the quality

of the human environment; therefore, an

Environmental Impact Statement is not

required.

List of Subjects in 30 CFR Part 250

Continental shelf, Environmental

impact statements, Environmental

protection, Government contracts,

Incorporation by reference,

Investigations, Mineral royalties, Oil

and gas development and production,

Oil and gas exploration, Oil and gas

reserves, Penalties, Pipelines, Pubic

lands—mineral resources, Public

lands—rights-of-way, Reporting and

recordkeeping requirements, Sulphur

development and production, Sulphur

exploration, Surety bonds.

Dated: December 23, 1994.

Bob Armstrong,

Assistant Secretary, Land and Minerals

Management.

For the reasons set forth above, MMS

proposes to amend 30 CFR part 250 to

read as follows:

PART 250—OIL AND GAS AND

SULPHUR OPERATIONS IN THE

OUTER CONTINENTAL SHELF

1. The authority citation for part 250

continues to read as follows:

Authority: 43 U.S.C. 1334.

2. Section 250.175 is revised to read

as follows:

§ 250.175 Flaring or venting gas and

burning liquid hydrocarbons.

(a) Lessees must not flare or vent oilwell gas or gas-well gas without the

prior approval of the Regional

Supervisor except in the following

situations:

(1) When gas vapors are flared or

vented in small volumes from storage

vessels or other low-pressure

production vessels and cannot be

economically recovered.

(2) During temporary situations such

as a compressor or other equipment
Federal Register / Vol. 60, No. 33 / Friday, February 17, 1995 / Proposed Rules 9313

failure or the relief of system pressures.

The following conditions apply:

(i) Lessees must not flare or vent oilwell gas for more than 48 continuous

hours without the approval of the

Regional Supervisor. The Regional

Supervisor may specify a limit of less

than 48 hours when necessary to

prevent air quality degradation. Flaring

or venting gas from a facility must not

continue for more than 144 cumulative

hours during any calendar month

without the approval of the Regional

Supervisor.

(ii) Lessees must not flare or vent gaswell gas beyond the time required to

eliminate a temporary emergency

without the approval of the Regional

Supervisor.

(3) During the unloading or cleaning

of a well, drill-stem testing, productiontesting, or other well-evaluation testing

for periods not to exceed 48 cumulative

hours per testing operation on a single

completion. The Regional Supervisor

may specify a shorter period of time,

under prior notice, to prevent air quality

degradation.

(b) Lessees may flare or vent oil-well

gas for a period not to exceed 1 year

when the Regional Supervisor approves

the request for one of the following

reasons:

(1) The lessee initiated an action

which, when completed, will eliminate

flaring and venting; or

(2) The lessee submitted an evaluation

supported by engineering, geologic, and

economic data indicating that the oil

and gas produced from the well(s) will

not economically support the facilities

necessary to save and/or sell the gas, or

that sufficient quantities of gas are not

available for marketing.

(c) Lessees must not burn produced

liquid hydrocarbons without the prior

approval of the Regional Supervisor. To

burn produced liquid hydrocarbons, the

lessee must demonstrate that the

amounts to be burned would be

minimal, or that the alternatives are

infeasible or pose a significant risk to

offshore personnel or the environment.

Alternatives to burning liquid

hydrocarbons include transporting the

liquids or storing and re-injecting them

into a producible zone.

(d) Lessees must prepare records

detailing gas flaring or venting, and

liquid hydrocarbon burning, for each

facility. The records must include, at a

minimum:

(1) Daily volumes of gas flared or

vented, and liquid hydrocarbons

burned.

(2) Number of hours of flaring,

venting, or burning on a daily basis.

(3) Reasons for flaring, venting, or

burning.

(4) A list of the wells contributing to

flaring, venting, or burning, along with

the gas-oil ratio data.

(e) Lessees must keep these records

for at least two (2) years. Lessees must

make the records available for

inspection by Minerals Management

Service (MMS) representatives at the

lessees’ field office that is nearest the

Outer Continental Shelf facility, or at

other locations conveniently available to

the Regional Supervisor. Upon request

by the Regional Supervisor, lessees must

provide a copy of the records to MMS.

[FR Doc. 95–3986 Filed 2–16–95; 8:45 am]

BILLING CODE 4310–MR–M

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 914

[IN–121–FOR; Amendment 94–7]

Indiana Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing.

SUMMARY: OSM is announcing receipt of

a proposed amendment to the Indiana

regulatory program (hereinafter referred

to as the ‘‘Indian program’’) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

proposed amendment consists of

changes to the Indiana Surface Coal

Mining rules. The amendment is

intended to revise 310 IAC 12–5–54.1

and the timing limitations of backfilling

and grading for surface coal mining and

reclamation operations under IC 13–4.1.

DATES: Written comments must be

received by 4:00 p.m., E.S.T. March 20,

1995. If requested, a public hearing on

the proposed amendment will be held

on March 14, 1995. Requests to speak at

the hearing must be received by 4:00

p.m., E.S.T. on March 6, 1995.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to Roger W.

Calhoun, Director, Indianapolis Field

Office at the first address listed below.

Copies of the Indiana program, the

proposed amendment, a listing of any

scheduled public hearings, and all

written comments received in response

to this document will be available for

public review at the addresses listed

below during normal business hours,

Monday through Friday, excluding

holidays. Each requester may receive

one free copy of the proposed

amendment by contacting OSM’s

Indianapolis Field Office.

Roger W. Calhoun, Director,

Indianapolis Field Office, Office of

Surface Mining Reclamation and

Enforcement, Minton-Capehart

Federal Building, Room 301,

Indianapolis, Indiana 46204,

Telephone: (317) 226–6166.

Indiana Department of Natural

Resources, 402 West Washington

Street, Room C256, Indianapolis,

Indiana 46204, Telephone: (317) 232–

1547.

FOR FURTHER INFORMATION CONTACT:

Roger W. Calhoun, Director,

Indianapolis Field Office, Telephone:

(317) 226–6166.

SUPPLEMENTARY INFORMATION:

I. Background on the Indiana Program

On July 29, 1982, the Secretary of the

Interior conditionally approved the

Indiana program. Background

information on the Indiana program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the July 26, 1982, Federal Register (47

FR 32071). Subsequent actions

concerning the conditions of approval

and program amendments can be found

at 30 CFR 914.10, 914.15, and 914.16.

II. Discussion of the Proposed

Amendment

By letter dated January 31, 1995

(Administrative Record No. IND–1420),

the Indiana Department of Natural

Resources (IDNR) submitted to OSM a

State program amendment package

consisting of revisions to the Indiana

program rules. The amendment revises

language at 310 IAC 12–5–54.1

concerning the timing limitations for

backfilling and grading of surface coal

mining and reclamation operations. The

following amendments are being

proposed.

1. 310 IAC 12–5–54.1 Backfilling and

Grading; Timing Limitations

Subsection (a). The word

‘‘commission’’ is being deleted and is

replaced by the word ‘‘director.’’ The

word ‘‘paragraphs’’ is being deleted and

replaced by ‘‘subsection.’’ The words

‘‘of this rule’’ are being deleted.

Subsection (a)(1). The word ‘‘and’’ is

being deleted immediately before ‘‘eight

(180).’’ The words ‘‘an average of’’ are

being deleted immediately preceding

‘‘four (4).’’ The words ‘‘(by length)’’ are

being deleted immediately following

‘‘four (4) spoil ridges.’’ With these

changes, backfilling and grading for

dragline type operations which deposit

the overburden into spoil ridges must be