81 FR 52778 - Reconsideration of the Oil and Natural Gas Sector: New Source Performance Standards; Final Action

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 154 (August 10, 2016)

Page Range		52778-52779
FR Document		2016-19029

The U.S. Environmental Protection Agency (EPA) is providing notice that it has responded to 11 petitions for reconsideration of the final rule titled ``Oil and Natural Gas Sector: New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants Reviews,'' published in the Federal Register on August 16, 2012, and seven petitions for reconsideration of subsequent amendments published in the Federal Register on September 23, 2013, and December 31, 2014. The agency previously granted reconsideration of several discrete issues and took final action on reconsideration through documents published in the Federal Register on September 23, 2013, December 31, 2014, August 12, 2015, and June 3, 2016. The Administrator denied the remaining requests for reconsideration in separate letters to the petitioners. The basis for the EPA's action is set out fully in a separate document available in the rulemaking docket.

Federal Register, Volume 81 Issue 154 (Wednesday, August 10, 2016)

[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Rules and Regulations]
[Pages 52778-52779]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19029]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2010-0505; FRL-9950-34-OAR]


Reconsideration of the Oil and Natural Gas Sector: New Source 
Performance Standards; Final Action

AGENCY: Environmental Protection Agency (EPA).

ACTION: Denial of petitions for reconsideration.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is providing 
notice that it has responded to 11 petitions for reconsideration of the 
final rule titled ``Oil and Natural Gas Sector: New Source Performance 
Standards and National Emission Standards for Hazardous Air Pollutants 
Reviews,'' published in the Federal Register on August 16, 2012, and 
seven petitions for reconsideration of subsequent amendments published 
in the Federal Register on September 23, 2013, and December 31, 2014. 
The agency previously granted reconsideration of several discrete 
issues and took final action on reconsideration through documents 
published in the Federal Register on September 23, 2013, December 31, 
2014, August 12, 2015, and June 3, 2016. The Administrator denied the 
remaining requests for reconsideration in separate letters to the 
petitioners. The basis for the EPA's action is set out fully in a 
separate document available in the rulemaking docket.

DATES: Effective August 10, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Lisa Thompson, Sector Policies and 
Programs Division (E143-05), Office of Air Quality Planning and 
Standards, Environmental Protection Agency, Research Triangle Park, 
North Carolina 27711; telephone number: (919) 541-9775; fax number: 
(919) 541-3470; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Where can I get a copy of this document and other related 
information?

    A copy of this Federal Register notice, the petitions for 
reconsideration, and the separate document describing the full basis 
for this action are available in the docket the EPA established under 
Docket ID No. EPA-HQ-OAR-2010-0505. In addition, following signature, 
an electronic copy of this final action and the document will be 
available on the World Wide Web (WWW) at the following address: https://www3.epa.gov/airquality/oilandgas/actions.html.

II. Judicial Review

    Section 307(b)(1) of the Clean Air Act (CAA) specifies which 
Federal Courts of Appeal have venue over petitions for review of final 
EPA actions. This section provides, in part, that ``a petition for 
review of action of the Administrator in promulgating . . . any 
standard of performance or requirement under section [111] of [the 
CAA],'' or any other ``nationally applicable'' final action, ``may be 
filed only in the United States Court of Appeals for the District of 
Columbia.''
    The EPA has determined that its action denying the petitions for 
reconsideration is nationally applicable for purposes of CAA section 
307(b)(1) because the action directly affects the Oil and Natural Gas 
Sector: New Source Performance Standards and National Emission 
Standards for Hazardous Air Pollutants Reviews, which are nationally 
applicable CAA section 111 standards. Thus, any petitions for review of 
the EPA's decision to deny petitioners' requests for reconsideration 
must be filed in the United States Court of Appeals for the District of 
Columbia Circuit by October 11, 2016.

III. Description of Action

    On August 16, 2012, pursuant to CAA section 111(b) of the CAA, the 
EPA published the final rule titled ``Oil and Natural Gas Sector: New 
Source Performance Standards and National Emission Standards for 
Hazardous Air Pollutants Reviews.'' 77 FR 49490. The EPA published 
subsequent amendments to the rule on September 23, 2013 (78 FR 58416), 
and December 31, 2014 (79 FR 79018). Following publication of these 
final rules, the Administrator received petitions for reconsideration 
of certain provisions of the final rules pursuant to CAA section 
307(d)(7)(B).
    CAA section 307(d)(7)(B) requires the EPA to convene a proceeding 
for reconsideration of a rule if a party raising an objection to the 
rule ``can demonstrate to the Administrator that it was impracticable 
to raise such objection within [the public comment period] or if the 
grounds for such objection arose after the period for public comment 
(but within the time specified for judicial review) and if such 
objection is of central relevance to the outcome of the rule.'' The 
requirement to convene a proceeding to reconsider a rule is, thus, 
based on the petitioner demonstrating to the EPA both: (1) That it was 
impracticable to raise the objection during the comment period, or that 
the grounds for such objection arose after the comment period, but 
within the time specified for judicial review (i.e., within 60 days 
after publication of the final rulemaking notice in the Federal 
Register, see CAA section 307(b)(1)); and (2) that the objection is of 
central relevance to the outcome of the rule.
    The EPA received 18 petitions for reconsideration of the new source 
performance standards and subsequent amendments from the following 13 
organizations or groups of organizations:

     America's Natural Gas Alliance and the American 
Exploration and Production Council (ANGA & AXPC)
     American Petroleum Institute (API) (3 petitions)
     California Communities Against Toxics, California Safe 
Schools, Clean Air Council, Coalition For A Safe Environment, Desert 
Citizens Against Pollution, Natural Resources Defense Council, and 
the Sierra Club (Earthjustice)
     Clean Air Council, Clean Air Task Force, Environmental 
Defense Fund, Group Against Smog and Pollution, the Natural 
Resources Defense Council, and the Sierra Club
     Gas Processors Association (GPA) (2 petitions)
     Independent Petroleum Association of America, 
Independent Oil and Gas Association of West Virginia, Inc., Kentucky 
Oil & Gas Association, Inc., Indiana Oil and Gas Association, 
Pennsylvania Independent Oil & Gas Association, Ohio Oil and Gas 
Association, Illinois Oil & Gas Association
     Interstate Natural Gas Association of America
     M-Squared Products & Services, Inc. (M-Squared)
     REM Technology Inc.
     Texas Commission On Environmental Quality (TCEQ)
     Texas Oil & Gas Association (TXOGA) (2 petitions)
     Texas Pipeline Association
     Western Energy Alliance (WEA) (2 petitions)

    The EPA previously granted reconsideration of all issues in seven 
of the petitions and on several discrete issues contained in some of 
the other petitions it received and took final action on 
reconsideration through documents published in the Federal Register on 
September 23, 2013, December 31, 2014, August 12, 2015, and June 3, 
2016. The EPA has now denied the issues in the remaining 11 petitions 
as not satisfying one or both of the statutory conditions for compelled

[[Page 52779]]

reconsideration. We discuss each of the petitions we are denying and 
the basis for those denials in a separate document titled ``Denial of 
Petitions for Reconsideration of Certain Issues: Oil and Natural Gas 
New Source Performance Standards (40 CFR part 60, subpart OOOO).'' For 
reasons set out in the document, the remaining issues raised in 
petitions for review from ANGA & AXPC, API, Earthjustice, GPA, M-
Squared, TCEQ, TXOGA, and WEA are denied.\1\
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    \1\ The Administrator is also sending an individual letter to 
each of the petitioners announcing her decision on their petitions.

    Dated: July 29, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016-19029 Filed 8-9-16; 8:45 am]
 BILLING CODE 6560-50-P

52778 Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Rules and Regulations

CFR part 200 as remedies for non- and the separate document describing specified for judicial review) and if such
compliance. the full basis for this action are available objection is of central relevance to the
(Authority: 38 U.S.C. 501(d), 3119, 2 CFR in the docket the EPA established under outcome of the rule.’’ The requirement
200.338 through 200.342) Docket ID No. EPA–HQ–OAR–2010– to convene a proceeding to reconsider a
[FR Doc. 2016–18721 Filed 8–9–16; 8:45 am]
0505. In addition, following signature, rule is, thus, based on the petitioner
an electronic copy of this final action demonstrating to the EPA both: (1) That
BILLING CODE 8320–01–P
and the document will be available on it was impracticable to raise the
the World Wide Web (WWW) at the objection during the comment period, or
following address: https:// that the grounds for such objection arose
ENVIRONMENTAL PROTECTION www3.epa.gov/airquality/oilandgas/ after the comment period, but within
AGENCY actions.html. the time specified for judicial review
40 CFR Part 60 II. Judicial Review (i.e., within 60 days after publication of
the final rulemaking notice in the
[EPA–HQ–OAR–2010–0505; FRL–9950–34– Section 307(b)(1) of the Clean Air Act Federal Register, see CAA section
OAR] (CAA) specifies which Federal Courts of 307(b)(1)); and (2) that the objection is
Appeal have venue over petitions for of central relevance to the outcome of
Reconsideration of the Oil and Natural review of final EPA actions. This section the rule.
Gas Sector: New Source Performance provides, in part, that ‘‘a petition for The EPA received 18 petitions for
Standards; Final Action review of action of the Administrator in reconsideration of the new source
AGENCY: Environmental Protection promulgating . . . any standard of performance standards and subsequent
Agency (EPA). performance or requirement under amendments from the following 13
section [111] of [the CAA],’’ or any other organizations or groups of organizations:
ACTION: Denial of petitions for
‘‘nationally applicable’’ final action,
reconsideration. ‘‘may be filed only in the United States • America’s Natural Gas Alliance and the
Court of Appeals for the District of American Exploration and Production
SUMMARY: The U.S. Environmental Council (ANGA & AXPC)
Protection Agency (EPA) is providing Columbia.’’ • American Petroleum Institute (API) (3
notice that it has responded to 11 The EPA has determined that its petitions)
petitions for reconsideration of the final action denying the petitions for • California Communities Against Toxics,
rule titled ‘‘Oil and Natural Gas Sector: reconsideration is nationally applicable California Safe Schools, Clean Air Council,
New Source Performance Standards and for purposes of CAA section 307(b)(1) Coalition For A Safe Environment, Desert
National Emission Standards for because the action directly affects the Citizens Against Pollution, Natural Resources
Oil and Natural Gas Sector: New Source Defense Council, and the Sierra Club
Hazardous Air Pollutants Reviews,’’
Performance Standards and National (Earthjustice)
published in the Federal Register on • Clean Air Council, Clean Air Task Force,
August 16, 2012, and seven petitions for Emission Standards for Hazardous Air
Pollutants Reviews, which are Environmental Defense Fund, Group Against
reconsideration of subsequent Smog and Pollution, the Natural Resources
amendments published in the Federal nationally applicable CAA section 111 Defense Council, and the Sierra Club
Register on September 23, 2013, and standards. Thus, any petitions for • Gas Processors Association (GPA) (2
December 31, 2014. The agency review of the EPA’s decision to deny petitions)
previously granted reconsideration of petitioners’ requests for reconsideration • Independent Petroleum Association of
several discrete issues and took final must be filed in the United States Court America, Independent Oil and Gas
of Appeals for the District of Columbia Association of West Virginia, Inc., Kentucky
action on reconsideration through
Circuit by October 11, 2016. Oil & Gas Association, Inc., Indiana Oil and
documents published in the Federal Gas Association, Pennsylvania Independent
Register on September 23, 2013, III. Description of Action Oil & Gas Association, Ohio Oil and Gas
December 31, 2014, August 12, 2015, Association, Illinois Oil & Gas Association
On August 16, 2012, pursuant to CAA
and June 3, 2016. The Administrator
section 111(b) of the CAA, the EPA • Interstate Natural Gas Association of
denied the remaining requests for America
published the final rule titled ‘‘Oil and • M-Squared Products & Services, Inc. (M-
reconsideration in separate letters to the
Natural Gas Sector: New Source Squared)
petitioners. The basis for the EPA’s
Performance Standards and National • REM Technology Inc.
action is set out fully in a separate
Emission Standards for Hazardous Air • Texas Commission On Environmental
document available in the rulemaking
Pollutants Reviews.’’ 77 FR 49490. The Quality (TCEQ)
docket. • Texas Oil & Gas Association (TXOGA) (2
EPA published subsequent amendments
DATES: Effective August 10, 2016. to the rule on September 23, 2013 (78 petitions)
FOR FURTHER INFORMATION CONTACT: Ms. FR 58416), and December 31, 2014 (79 • Texas Pipeline Association
Lisa Thompson, Sector Policies and FR 79018). Following publication of • Western Energy Alliance (WEA) (2
petitions)
Programs Division (E143–05), Office of these final rules, the Administrator
Air Quality Planning and Standards, received petitions for reconsideration of The EPA previously granted
Environmental Protection Agency, certain provisions of the final rules reconsideration of all issues in seven of
Research Triangle Park, North Carolina pursuant to CAA section 307(d)(7)(B). the petitions and on several discrete
27711; telephone number: (919) 541– CAA section 307(d)(7)(B) requires the issues contained in some of the other
9775; fax number: (919) 541–3470; EPA to convene a proceeding for petitions it received and took final
email address: thompson.lisa@epa.gov. reconsideration of a rule if a party action on reconsideration through
SUPPLEMENTARY INFORMATION: raising an objection to the rule ‘‘can documents published in the Federal
Lhorne on DSK30JT082PROD with RULES

demonstrate to the Administrator that it Register on September 23, 2013,
I. Where can I get a copy of this was impracticable to raise such December 31, 2014, August 12, 2015,
document and other related objection within [the public comment and June 3, 2016. The EPA has now
information? period] or if the grounds for such denied the issues in the remaining 11
A copy of this Federal Register objection arose after the period for petitions as not satisfying one or both of
notice, the petitions for reconsideration, public comment (but within the time the statutory conditions for compelled

VerDate Sep<11>2014 13:57 Aug 09, 2016 Jkt 238001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\10AUR1.SGM 10AUR1

$Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Rules and Regulations 52779 reconsideration. We discuss each of the Bering Sea and Aleutian Islands amounts at § 679.20(e) and (f) apply at petitions we are denying and the basis management area (BSAI) by vessels any time during a trip. for those denials in a separate document participating in the BSAI trawl limited titled ‘‘Denial of Petitions for access fishery. This action is necessary Classification Reconsideration of Certain Issues: Oil to prevent exceeding the 2016 total This action responds to the best and Natural Gas New Source allowable catch (TAC) of Pacific ocean available information recently obtained Performance Standards (40 CFR part 60, perch in this area allocated to vessels from the fishery. The Assistant subpart OOOO).’’ For reasons set out in participating in the BSAI trawl limited Administrator for Fisheries, NOAA, the document, the remaining issues access fishery. (AA) finds good cause to waive the raised in petitions for review from DATES: Effective 1200 hrs, Alaska local ANGA & AXPC, API, Earthjustice, GPA, requirement to provide prior notice and time (A.l.t.), August 5, 2016, through opportunity for public comment M-Squared, TCEQ, TXOGA, and WEA 2400 hrs, A.l.t., December 31, 2016. are denied.1 pursuant to the authority set forth at 5 FOR FURTHER INFORMATION CONTACT: U.S.C. 553(b)(B) as such a requirement Dated: July 29, 2016. Steve Whitney, 907–586–7228. is impracticable and contrary to the Gina McCarthy, public interest. This requirement is SUPPLEMENTARY INFORMATION: NMFS Administrator. manages the groundfish fishery in the impracticable and contrary to the public [FR Doc. 2016–19029 Filed 8–9–16; 8:45 am] BSAI exclusive economic zone interest as it would prevent NMFS from BILLING CODE 6560–50–P according to the Fishery Management responding to the most recent fisheries Plan for Groundfish of the Bering Sea data in a timely fashion and would and Aleutian Islands Management Area delay the closure of the Pacific ocean DEPARTMENT OF COMMERCE (FMP) prepared by the North Pacific perch directed fishery in the WAI for Fishery Management Council under vessels participating in the BSAI trawl National Oceanic and Atmospheric authority of the Magnuson-Stevens limited access fishery. NMFS was Administration Fishery Conservation and Management unable to publish a notice providing Act. Regulations governing fishing by time for public comment because the 50 CFR Part 679 U.S. vessels in accordance with the FMP most recent, relevant data only became [Docket No. 150916863–6211–02] appear at subpart H of 50 CFR part 600 available as of August 4, 2016. The AA and 50 CFR part 679. also finds good cause to waive the 30- RIN 0648–XE795 The 2016 TAC of Pacific ocean perch, day delay in the effective date of this Fisheries of the Exclusive Economic in the WAI, allocated to vessels action under 5 U.S.C. 553(d)(3). This Zone Off Alaska; Pacific Ocean Perch participating in the BSAI trawl limited finding is based upon the reasons in the Bering Sea and Aleutian Islands access fishery was established as a provided above for waiver of prior Management Area directed fishing allowance of 161 metric notice and opportunity for public tons by the final 2016 and 2017 harvest comment. AGENCY: National Marine Fisheries specifications for groundfish in the Service (NMFS), National Oceanic and BSAI (81 FR 14773, March 18, 2016). This action is required by § 679.20 Atmospheric Administration (NOAA), In accordance with § 679.20(d)(1)(iii), and is exempt from review under Commerce. the Regional Administrator finds that Executive Order 12866. ACTION: Temporary rule; closure. this directed fishing allowance has been Authority: 16 U.S.C. 1801 et seq. reached. Consequently, NMFS is SUMMARY: NMFS is prohibiting directed Dated: August 5, 2016. prohibiting directed fishing for Pacific fishing for Pacific ocean perch in the Emily H. Menashes, ocean perch in the WAI by vessels Western Aleutian district (WAI) of the Acting Director, Office of Sustainable participating in the BSAI trawl limited access fishery. Fisheries, National Marine Fisheries Service. 1 The Administrator is also sending an individual After the effective dates of this [FR Doc. 2016–19000 Filed 8–5–16; 4:15 pm] letter to each of the petitioners announcing her decision on their petitions. closure, the maximum retainable BILLING CODE 3510–22–P Lhorne on DSK30JT082PROD with RULES VerDate Sep<11>2014 13:57 Aug 09, 2016 Jkt 238001 PO 00000 Frm 00039 Fmt 4700 Sfmt 9990 E:\FR\FM\10AUR1.SGM 10AUR1$

Document Created: 2016-08-10 01:59:19
Document Modified: 2016-08-10 01:59:19

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Denial of petitions for reconsideration.
Dates		Effective August 10, 2016.
Contact		Ms. Lisa Thompson, Sector Policies and Programs Division (E143-05), Office of Air Quality Planning and Standards, Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-9775; fax number:
FR Citation		81 FR 52778