81 FR 68411 - Clarification of Reconsideration of the Oil and Natural Gas Sector: New Source Performance Standards; Final Action

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 192 (October 4, 2016)

Page Range		68411-68412
FR Document		2016-23972

The U.S. Environmental Protection Agency (EPA) is providing notice that it has clarified the scope of its July 29, 2016, response to petitions for reconsideration of the 2012 final rule titled ``Oil and Natural Gas Sector: New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants Reviews'' and the subsequent amendments published in the Federal Register on September 23, 2013, and December 31, 2014. The EPA has sent a letter to each of the petitioners clarifying that the July 29, 2016, action denied the above mentioned petitions only with respect to the issues related to the new source performance standards (NSPS), and was not intended to include denial of reconsideration of any issue relative to the 2012 action on the national emission standards for hazardous air Pollutants (``2012 NESHAP''). The letters further state that, to the extent the July 29, 2016, action may be construed to have denied reconsideration of issues relative to the 2012 NESHAP, the follow-up letters supersede that previous action on NESHAP-related matters.

Federal Register, Volume 81 Issue 192 (Tuesday, October 4, 2016)

[Federal Register Volume 81, Number 192 (Tuesday, October 4, 2016)]
[Notices]
[Pages 68411-68412]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23972]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2010-0505; FRL-9953-57-OAR]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of supplemental action denying petitions for 
reconsideration.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is providing 
notice that it has clarified the scope of its July 29, 2016, response 
to petitions for reconsideration of the 2012 final rule titled ``Oil 
and Natural Gas Sector: New Source Performance Standards and National 
Emission Standards for Hazardous Air Pollutants Reviews'' and the 
subsequent amendments published in the Federal Register on September 
23, 2013, and December 31, 2014. The EPA has sent a letter to each of 
the petitioners clarifying that the July 29, 2016, action denied the 
above mentioned petitions only with respect to the issues related to 
the new source performance standards (NSPS), and was not intended to 
include denial of reconsideration of any issue relative to the 2012 
action on the national emission standards for hazardous air Pollutants 
(``2012 NESHAP''). The letters further state that, to the extent the 
July 29, 2016, action may be construed to have denied reconsideration 
of issues relative to the 2012 NESHAP, the follow-up letters supersede 
that previous action on NESHAP-related matters.

DATES: Effective October 4, 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 supplemental letters, 
and the revised supporting document describing the full basis for the 
July 29, 2016, action are available in the docket the EPA established 
under Docket ID No. EPA-HQ-OAR-2010-0505. In addition, following 
signature, all relevant documents will be available on the World Wide 
Web (WWW) at the following address: https://www3.epa.gov/airquality/oilandgas/actions.html.

II. Description of Action

    On August 16, 2012, 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.'' See 77 FR 
49490. The rule contains final actions on two different national 
standards for the oil and natural gas sector: (1) NSPS, promulgated 
under section 111 of the Clean Air Act (CAA) and (2) NESHAP, 
promulgated under section 112 of the CAA. The 2012 rule was followed by 
a series of reconsideration actions and amendments to the 2012 NSPS. 78 
FR 58416 (September 23, 2013); 79 FR 79018 (December 31, 2014); 80 FR 
48262 (August 12, 2015); and 81 FR 35824 (June 3, 2016) (``2016 Final 
Rule''). The EPA received administrative petitions for reconsideration 
of the 2012 rules (on both the NSPS and the NESHAP), as well as for 
reconsideration of the 2013 and 2014 NSPS amendments. On July 29, 2016, 
the Administrator took final action denying these petitions with 
respect to NSPS issues not otherwise addressed in prior reconsideration 
actions. That action was announced in a Federal Register notice 
published on August 10, 2016 (81 FR 52778). Although several of the 
reconsideration petitions identified in the July 29, 2016, action also 
include NESHAP issues, and one petition pertains only to the 2012 
NESHAP,\1\ the EPA did not address the substance of any NESHAP related 
issues in that action.
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    \1\ Petition for Reconsideration of Oil and Natural Gas Sector: 
National Emission Standards for Hazardous Air Pollutants Reviews; 
Final Rule, 77 FR 49490 (August 16, 2012), 40 CFR part 63, subparts 
HH and HHH, submitted by Earthjustice on behalf of California 
Communities Against Toxics, California Safe Schools, Clean Air 
Council, Coalition For A Safe Environment, Desert Citizens Against 
Pollution, Natural Resources Defense Council, and Sierra Club 
(October 15, 2012).
---------------------------------------------------------------------------

    The EPA is providing notice that it has issued a supplemental 
letter to clarify the scope of its July 29, 2016, action. The 
supplemental letter further clarifies that the July 29, 2016, action 
was not intended to include denial of reconsideration of any issue 
relative to the 2012 NESHAP and that the EPA continues to evaluate 
reconsideration issues relative to the 2012 NESHAP. The letter also 
states that, to the extent the July 29, 2016, letter may be construed 
to have denied reconsideration of issues relative to the 2012 NESHAP, 
the

[[Page 68412]]

supplemental letter supersedes that action on NESHAP-related issues.
    Enclosed with the supplemental letter is a revised document titled 
``Denial of Petitions for Reconsideration of Certain Issues: Oil and 
Natural Gas New Source Performance Standards (40 CFR part 60, subpart 
OOOO).'' The document sets forth the EPA's reasons for denying the 
above mentioned petitions with respect to NSPS issues not otherwise 
addressed in previous reconsideration actions. The NSPS reconsideration 
denial supporting document that accompanied the July 29, 2016 letters 
has been revised to remove two erroneous references: (1) Replaced No. 
4591 with No. 4575 as the Petitioner for Issue 26; and (2) removed No. 
4591 from the list of NSPS Petitioners in Appendix A.

    Dated: September 26, 2016.
Janet G. McCabe,
Acting Assistant Administrator, Office of Air and Radiation.
[FR Doc. 2016-23972 Filed 10-3-16; 8:45 am]
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Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices 68411

Docket Numbers: RP16–1249–000. ENVIRONMENTAL PROTECTION World Wide Web (WWW) at the
Applicants: Transcontinental Gas AGENCY following address: https://
Pipe Line Company. www3.epa.gov/airquality/oilandgas/
[EPA–HQ–OAR–2010–0505; FRL–9953–57–
actions.html.
Description: § 4(d) Rate Filing: OAR]
Imbalance Calculations to be effective II. Description of Action
11/1/2016. Clarification of Reconsideration of the
Oil and Natural Gas Sector: New On August 16, 2012, the EPA
Filed Date: 9/23/16. published the final rule titled ‘‘Oil and
Source Performance Standards; Final
Accession Number: 20160923–5198. Action Natural Gas Sector: New Source
Comments Due: 5 p.m. ET 10/5/16. Performance Standards and National
AGENCY: Environmental Protection Emission Standards for Hazardous Air
Any person desiring to intervene or Agency (EPA). Pollutants Reviews.’’ See 77 FR 49490.
protest in any of the above proceedings ACTION: Notice of supplemental action The rule contains final actions on two
must file in accordance with Rules 211 denying petitions for reconsideration. different national standards for the oil
and 214 of the Commission’s and natural gas sector: (1) NSPS,
Regulations (18 CFR 385.211 and SUMMARY: The U.S. Environmental promulgated under section 111 of the
§ 385.214) on or before 5:00 p.m. Eastern Protection Agency (EPA) is providing Clean Air Act (CAA) and (2) NESHAP,
time on the specified comment date. notice that it has clarified the scope of promulgated under section 112 of the
Protests may be considered, but its July 29, 2016, response to petitions CAA. The 2012 rule was followed by a
intervention is necessary to become a for reconsideration of the 2012 final rule series of reconsideration actions and
party to the proceeding. titled ‘‘Oil and Natural Gas Sector: New amendments to the 2012 NSPS. 78 FR
Filings in Existing Proceedings Source Performance Standards and 58416 (September 23, 2013); 79 FR
National Emission Standards for 79018 (December 31, 2014); 80 FR
Docket Numbers: RP16–618–001. Hazardous Air Pollutants Reviews’’ and 48262 (August 12, 2015); and 81 FR
Applicants: Algonquin Gas the subsequent amendments published 35824 (June 3, 2016) (‘‘2016 Final
Transmission, LLC. in the Federal Register on September Rule’’). The EPA received
23, 2013, and December 31, 2014. The administrative petitions for
Description: Compliance filing
EPA has sent a letter to each of the reconsideration of the 2012 rules (on
Capacity Release Bidding Exemption—
petitioners clarifying that the July 29, both the NSPS and the NESHAP), as
Compliance Filing to be effective 9/1/
2016, action denied the above well as for reconsideration of the 2013
2016.
mentioned petitions only with respect and 2014 NSPS amendments. On July
Filed Date: 9/23/16. to the issues related to the new source 29, 2016, the Administrator took final
Accession Number: 20160923–5153. performance standards (NSPS), and was action denying these petitions with
Comments Due: 5 p.m. ET 10/5/16. not intended to include denial of respect to NSPS issues not otherwise
reconsideration of any issue relative to addressed in prior reconsideration
Docket Numbers: RP16–1178–001. the 2012 action on the national emission actions. That action was announced in
Applicants: Equitrans, L.P. standards for hazardous air Pollutants a Federal Register notice published on
Description: Compliance filing Ohio (‘‘2012 NESHAP’’). The letters further August 10, 2016 (81 FR 52778).
Valley Connector Errata Filing to be state that, to the extent the July 29, Although several of the reconsideration
effective 12/31/9998. 2016, action may be construed to have petitions identified in the July 29, 2016,
Filed Date: 9/26/16. denied reconsideration of issues relative action also include NESHAP issues, and
to the 2012 NESHAP, the follow-up one petition pertains only to the 2012
Accession Number: 20160926–5085. letters supersede that previous action on NESHAP,1 the EPA did not address the
Comments Due: 5 p.m. ET 10/11/16. NESHAP-related matters. substance of any NESHAP related issues
Any person desiring to protest in any DATES: Effective October 4, 2016. in that action.
of the above proceedings must file in FOR FURTHER INFORMATION CONTACT: Ms. The EPA is providing notice that it
accordance with Rule 211 of the Lisa Thompson, Sector Policies and has issued a supplemental letter to
Commission’s Regulations (18 CFR Programs Division (E143–05), Office of clarify the scope of its July 29, 2016,
385.211) on or before 5:00 p.m. Eastern Air Quality Planning and Standards, action. The supplemental letter further
time on the specified comment date. Environmental Protection Agency, clarifies that the July 29, 2016, action
The filings are accessible in the Research Triangle Park, North Carolina was not intended to include denial of
Commission’s eLibrary system by 27711; telephone number: (919) 541– reconsideration of any issue relative to
clicking on the links or querying the 9775; fax number: (919) 541–3470; the 2012 NESHAP and that the EPA
docket number. email address: thompson.lisa@epa.gov. continues to evaluate reconsideration
SUPPLEMENTARY INFORMATION:
issues relative to the 2012 NESHAP. The
eFiling is encouraged. More detailed letter also states that, to the extent the
information relating to filing I. Where can I get a copy of this July 29, 2016, letter may be construed to
requirements, interventions, protests, document and other related have denied reconsideration of issues
service, and qualifying facilities filings information? relative to the 2012 NESHAP, the
can be found at: http://www.ferc.gov/
docs-filing/efiling/filing-req.pdf. For A copy of this Federal Register
1 Petition for Reconsideration of Oil and Natural
notice, the supplemental letters, and the
mstockstill on DSK3G9T082PROD with NOTICES

other information, call (866) 208–3676 Gas Sector: National Emission Standards for
(toll free). For TTY, call (202) 502–8659. revised supporting document describing Hazardous Air Pollutants Reviews; Final Rule, 77
the full basis for the July 29, 2016, FR 49490 (August 16, 2012), 40 CFR part 63,
Dated: September 26, 2016. action are available in the docket the subparts HH and HHH, submitted by Earthjustice
Nathaniel J. Davis, Sr., EPA established under Docket ID No. on behalf of California Communities Against
Deputy Secretary. Toxics, California Safe Schools, Clean Air Council,
EPA–HQ–OAR–2010–0505. In addition, Coalition For A Safe Environment, Desert Citizens
[FR Doc. 2016–23922 Filed 10–3–16; 8:45 am] following signature, all relevant Against Pollution, Natural Resources Defense
BILLING CODE 6717–01–P documents will be available on the Council, and Sierra Club (October 15, 2012).

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68412 Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Notices

supplemental letter supersedes that ADDRESSES: Submit your comments, will issue another Federal Register
action on NESHAP-related issues. referencing Docket ID No. EPA–HQ– notice to announce the submission of
Enclosed with the supplemental letter OECA–2007–0468 online using the ICR to OMB and the opportunity to
is a revised document titled ‘‘Denial of www.regulations.gov (our preferred submit additional comments to OMB.
Petitions for Reconsideration of Certain method) or by mail to: EPA Docket Abstract: The Environmental
Issues: Oil and Natural Gas New Source Center, Environmental Protection Protection Agency’s (EPA’s) regulations
Performance Standards (40 CFR part 60, Agency, Mail Code 28221T, 1200 at 40 CFR part 8, Environmental Impact
subpart OOOO).’’ The document sets Pennsylvania Ave. NW., Washington, Assessment of Nongovernmental
forth the EPA’s reasons for denying the DC 20460. Activities in Antarctica (Rule), were
above mentioned petitions with respect EPA’s policy is that all comments promulgated pursuant to the Antarctic
to NSPS issues not otherwise addressed received will be included in the public Science, Tourism, and Conservation Act
in previous reconsideration actions. The docket without change including any of 1996 (Act), 16 U.S.C. 2401 et seq., as
NSPS reconsideration denial supporting personal information provided, unless amended, 16 U.S.C. 2403a, which
document that accompanied the July 29, the comment includes profanity, threats, implements the Protocol on
2016 letters has been revised to remove information claimed to be Confidential Environmental Protection (Protocol) to
two erroneous references: (1) Replaced Business Information (CBI) or other the Antarctic Treaty of 1959 (Treaty).
No. 4591 with No. 4575 as the Petitioner information whose disclosure is The Rule provides for assessment of the
for Issue 26; and (2) removed No. 4591 restricted by statute. environmental impacts of
from the list of NSPS Petitioners in FOR FURTHER INFORMATION CONTACT: Julie
nongovernmental activities in
Appendix A. Roemele, Office of Federal Activities, Antarctica, including tourism, for which
Mail Code 2252A, Environmental the United States is required to give
Dated: September 26, 2016.
Protection Agency, 1200 Pennsylvania advance notice under Paragraph 5 of
Janet G. McCabe, Article VII of the Treaty, and for
Acting Assistant Administrator, Office of Air Ave. NW., Washington, DC 20460;
telephone number: (202) 564–5632; fax coordination of the review of
and Radiation. information regarding environmental
[FR Doc. 2016–23972 Filed 10–3–16; 8:45 am]
number: (202) 564–0072; email address:
roemele.julie@epa.gov. impact assessments received from other
BILLING CODE 6560–50–P Parties under the Protocol. The
SUPPLEMENTARY INFORMATION:
requirements of the Rule apply to
Supporting documents which explain operators of nongovernmental
ENVIRONMENTAL PROTECTION in detail the information that the EPA expeditions organized or proceeding
AGENCY will be collecting are available in the from the territory of the United States to
public docket for this ICR. The docket Antarctica and include commercial and
[EPA–HQ–OECA–2007–0468; ER–FRL– can be viewed online at
9029–4] non-commercial expeditions.
www.regulations.gov or in person at the Expeditions may include ship-based
Proposed Information Collection EPA Docket Center, WJC West, Room tours; yacht, skiing or mountaineering
Request; Comment Request; Final 3334, 1301 Constitution Ave. NW., expeditions; privately funded research
Rule at 40 CFR Part 8: Environmental Washington, DC. The telephone number expeditions; and other nongovernmental
Impact Assessment of for the Docket Center is 202–566–1744. activities. The Rule does not apply to
Nongovernmental Activities in For additional information about EPA’s individual U.S. citizens or groups of
Antarctica (Renewal) public docket, visit http://www.epa.gov/ citizens planning travel to Antarctica on
dockets. an expedition for which they are not
AGENCY: Environmental Protection Pursuant to section 3506(c)(2)(A) of acting as an operator. (Operators, for
Agency (EPA). the PRA, EPA is soliciting comments example, typically acquire use of vessels
ACTION: Notice. and information to enable it to: (i) or aircraft, hire expedition staff, plan
Evaluate whether the proposed itineraries, and undertake other
SUMMARY: The Environmental Protection collection of information is necessary organizational responsibilities.) The rule
Agency is planning to submit an for the proper performance of the provides nongovernmental operators
information collection request (ICR), functions of the Agency, including with the specific requirements they
‘‘Final Rule at 40 CFR part 8: whether the information will have need to meet in order to comply with
Environmental Impact Assessment of practical utility; (ii) evaluate the the requirements of Article 8 and Annex
Nongovernmental Activities in accuracy of the Agency’s estimate of the I to the Protocol. The provisions of the
Antarctica’’ (EPA ICR No. 1808.07, OMB burden of the proposed collection of Rule are intended to ensure that
Control No. 2020–0007) to the Office of information, including the validity of potential environmental effects of
Management and Budget (OMB) for the methodology and assumptions used; nongovernmental activities undertaken
review and approval in accordance with (iii) enhance the quality, utility, and in Antarctica are appropriately
the Paperwork Reduction Act (44 U.S.C. clarity of the information to be identified and considered by the
3501 et seq.). Before doing so, EPA is collected; and (iv) minimize the burden operator during the planning process
soliciting public comments on specific of the collection of information on those and that to the extent practicable
aspects of the proposed information who are to respond, including through appropriate environmental safeguards
collection as described below. This is a the use of appropriate automated which would mitigate or prevent
proposed extension of the ICR, which is electronic, mechanical, or other adverse impacts on the Antarctic
currently approved through March 31, technological collection techniques or
mstockstill on DSK3G9T082PROD with NOTICES

environment are identified by the
2017. An Agency may not conduct or other forms of information technology, operator.
sponsor and a person is not required to e.g., permitting electronic submission of Environmental Documentation.
respond to a collection of information responses. EPA will consider the Persons subject to the Rule must prepare
unless it displays a currently valid OMB comments received and amend the ICR environmental documentation to
control number. as appropriate. The final ICR package support the operator’s determination
DATES: Comments must be submitted on will then be submitted to OMB for regarding the level of environmental
or before Monday, December 5, 2016. review and approval. At that time, EPA impact of the proposed expedition.

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Document Created: 2016-10-04 03:04:02
Document Modified: 2016-10-04 03:04:02

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		Notices
Action		Notice of supplemental action denying petitions for reconsideration.
Dates		Effective October 4, 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 68411