82 FR 25730 - Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources; Grant of Reconsideration and Partial Stay
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 106 (June 5, 2017)
Federal Register Volume 82, Issue 106 (June 5, 2017)
| Page Range | 25730-25734 | |
| FR Document | 2017-11457 |
[Federal Register Volume 82, Number 106 (Monday, June 5, 2017)] [Rules and Regulations] [Pages 25730-25734] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11457] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 60 [EPA-HQ-OAR-2010-0505; FRL-9963-40-OAR] RIN 2060-AT63 Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources; Grant of Reconsideration and Partial Stay AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of reconsideration and partial stay. ----------------------------------------------------------------------- SUMMARY: By a letter dated April 18, 2017, the Administrator announced the convening of a proceeding for reconsideration of the fugitive emission requirements at well sites and compressor station sites in the final rule, ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources,'' published in the Federal Register on June 3, 2016. In this action, the Environmental Protection Agency (EPA) is granting reconsideration of additional [[Page 25731]] requirements in that rule, specifically the well site pneumatic pumps standards and the requirements for certification by professional engineer. In addition, the EPA is staying for three months these rule requirements pending reconsideration. DATES: This final rule is effective June 2, 2017. The action granting reconsideration is effective June 2, 2017. The stay of Sec. Sec. 60.5393a(b) through (c), 60.5397a, 60.5410a(e)(2) through (5) and (j), 60.5411a(d), 60.5415a(h), 60.5420a(b)(7), (8), and (12), and (c)(15) through (17) is effective from June 2, 2017, until August 31, 2017. FOR FURTHER INFORMATION CONTACT: Mr. Peter Tsirigotis, Sector Policies and Programs Division (D205-01), Office of Air Quality Planning and Standards, Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (888) 627-7764; email address: [email protected]. Electronic copies of this document are available on EPA's Web site at https://www.epa.gov/controlling-air-pollution-oil-and-natural-gas-industry. Copies of this document are also available at https://www.regulations.gov, at Docket ID No. EPA-HQ-OAR-2010-0505. SUPPLEMENTARY INFORMATION: I. Background On June 3, 2016, the EPA published a final rule titled ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources; Final Rule,'' 81 FR 35824 (June 3, 2016) (``2016 Rule''). The 2016 Rule establishes new source performance standards (NSPS) for greenhouse gas emissions and volatile organic compound (VOC) emissions from the oil and natural gas sector. This rule addresses, among other things, fugitive emissions at well sites and compressor station sites (``fugitive emissions requirements''), and emissions from pneumatic pumps. In addition, for a number of affected facilities (i.e., centrifugal compressors, reciprocating compressors, pneumatic pumps, and storage vessels), the rule requires certification by a professional engineer of the closed vent system design and capacity, as well as any technical infeasibility determination relative to controlling pneumatic pumps at well sites. For further information on the 2016 Rule, see 81 FR 35824 (June 3, 2016). On August 2, 2016, a number of interested parties submitted administrative petitions to the EPA seeking reconsideration of various aspects of the 2016 Rule pursuant to section 307(d)(7)(B) of the Clean Air Act (CAA) (42 U.S.C. 7607(d)(7)(B)).\1\ Those petitions include numerous objections relative to the fugitive emissions requirements, well site pneumatic pump standards, and the requirements for certification by professional engineer. Under section 307(d)(7)(B) of the CAA, the Administrator shall convene a reconsideration proceeding if, in the Administrator's judgment, the petitioner raises an objection to a rule that was impracticable to raise during the comment period or if the grounds for the objection arose after the comment period but within the period for judicial review. In either case, the Administrator must also conclude that the objection is of central relevance to the outcome of the rule. The Administrator may stay the effectiveness of the rule for up to three months during such reconsideration. --------------------------------------------------------------------------- \1\ Copies of these petitions are included in the docket for the 2016 Rule, Docket ID No. EPA-HQ-OAR-2010-0505. --------------------------------------------------------------------------- In a letter dated April 18, 2017, based on the criteria in CAA section 307(d)(7)(B), the Administrator convened a proceeding for reconsideration of the following objections relative to the fugitive emissions requirements: (1) The applicability of the fugitive emissions requirements to low production well sites, and (2) the process and criteria for requesting and receiving approval for the use of an alternative means of emission limitations (AMEL) for purposes of compliance with the fugitive emissions requirements in the 2016 Rule. The EPA had proposed to exempt low production well sites from the fugitive emissions requirements, believing the lower production associated with these wells would generally result in lower fugitive emissions. 80 FR 56639. However, the final rule differs significantly from what was proposed in that it requires these well sites to comply with the fugitive emissions requirements based on information and rationale not presented for public comment during the proposal stage. See 81 FR 35856 (``. . . well site fugitive emissions are not correlated with levels of production, but rather based on the number of pieces of equipment and components''). It was therefore impracticable to object to this new rationale during the public comment period. The AMEL process and criteria were included in the 2016 Rule without having been proposed for notice and comment. The EPA added the AMEL provisions in the final rule with the intent of, among other goals, reducing compliance burdens for those sources that may already be reducing fugitive emissions in accordance with a state requirement or other program that is achieving reductions equivalent to those required by the 2016 Rule. These AMEL provisions were also added to encourage the development and use of innovative technology, in particular for fugitive emissions monitoring. 81 FR 35861. However, issues and questions raised in the administrative petitions for reconsideration (e.g., who can apply for and who can use an approved AMEL) suggest that sources may have difficulty understanding and applying for AMEL. Both issues described above, which relate directly to whether certain sources must implement the fugitive emissions requirements, are of central relevance to the outcome of the 2016 Rule for the reasons stated below. Fugitive emissions are a significant source of emissions for many industries, and the EPA has promulgated numerous NSPS specifically for reducing fugitive emissions, including 40 CFR part 60, subpart KKK (addressing VOC leaks from on-shore natural gas processing plants), as standalone rules. The fact that the EPA chose here to promulgate the well site and compressor station fugitive emissions requirements along with other standards in the 2016 Rule does not make these requirements any less important than the other fugitive emissions standards; rather, because of their importance, they are a significant component of the 2016 Rule. The issues described above are important as they determine the universe of affected facilities that must implement the fugitive emission requirements; as such, they are of central relevance to the outcome of the 2016 Rule. As stated in the April 18, 2017, letter, the EPA has convened an administrative proceeding for the reconsideration of the fugitive emissions requirements in response to these two objections. II. Grant of Reconsideration of Additional Issues Since issuing the April 18, 2017, letter, the EPA has identified objections to two other aspects of the 2016 Rule that meet the criteria for reconsideration under section 307(d)(7)(B) of the CAA. These objections relate to (1) the requirements for certification of closed vent system by professional engineer, and (2) the well site pneumatic pump standards. A. Requirements for Certification of Closed Vent System by Professional Engineer For closed vent systems used to comply with the emission standards for [[Page 25732]] various equipment used in the oil and natural gas sector, the 2016 Rule requires certification by a professional engineer (PE) that a closed vent system design and capacity assessment was conducted under his or her direction or supervision and that the assessment and resulting report were conducted pursuant to the requirements of the 2016 Rule (``PE certification requirement''). Several petitioners for administrative reconsideration assert that the PE certification requirement was not proposed for notice and comment.\2\ One petitioner notes that no costs associated with obtaining such certification were considered or provided for review during the proposal process.\3\ The petitioner claims that there is no quantifiable benefit to the environment from this additional compliance demonstration requirement, while there is significant expense involved.\4\ --------------------------------------------------------------------------- \2\ See Docket ID No. EPA-HQ-OAR-2010-0505-7682 and Docket ID No. EPA-HQ-OAR-2010-0505-7686. \3\ See Docket ID No. EPA-HQ-OAR-2010-0505-7682. \4\ Id. --------------------------------------------------------------------------- Section 111 of the CAA requires that the EPA consider, among other factors, the cost associated with establishing a new source performance standard. See 111(a)(1) of the CAA. The statute is thus clear that cost is an important consideration in determining whether to impose a requirement. In finalizing the 2016 Rule, the EPA made clear that it viewed the PE certification requirement to be an important aspect of a number of performance standards in the that rule. The EPA acknowledges that it had not analyzed the costs associated with the PE certification requirement; therefore, it was impracticable for petitioners to provide meaningful comments during the comment period on whether the improved environmental performance this requirement may achieve justifies the associated costs and other compliance burden. This issue is of central relevance to the outcome of the 2016 Rule because the rule requires this PE certification for demonstrating compliance for a number of different standards, including the standards for centrifugal compressors, reciprocating compressors, pneumatic pumps, and storage vessels. For the reasons stated above, the EPA is granting reconsideration of the PE certification requirement. B. Technical Infeasibility Determination (Well Site Pneumatic Pump Standards) In the 2016 Rule, the EPA exempts a pneumatic pump at a well site from the emission reduction requirement if it is technically infeasible to route the pneumatic pump to a control device or a process. 81 FR 35850. However, the rule requires that such technical infeasibility be determined and certified by a ``qualified professional engineer'' as that term is defined in the final rule. During the proposal stage, the EPA did not propose or otherwise suggest exempting well site pneumatic pumps from emission control based on such certification. In fact, the technical infeasibility exemption itself was added during the final rule stage. Further, this certification requirement differs significantly from how the EPA has previously addressed another ``technical infeasibility'' issue encountered by this industry. Specifically, the oil and gas NSPS subpart OOOO, which was promulgated in 2012, exempts hydraulically fractured gas well completions from performing a reduced emission completion (REC) if it is not technically feasible to do so, and requires documentation and recordkeeping of the technical infeasibility. See 40 CFR 60.5375. The 2016 Rule extends the REC requirement and associated technical infeasibility exemption to hydraulically fractured oil well completions and requires more detailed documentation of technical infeasibility. Neither subpart OOOO nor the 2016 Rule require that REC technical infeasibility be certified by a qualified professional engineer, nor was such requirement proposed or otherwise raised during the public comment period for these rules. In light of the fact that the EPA had not proposed such certification requirement for pneumatic pumps, and how this requirement differs from the EPA's previous treatment of a similar issue as described above, one could not have anticipated that the 2016 Rule would finalize such certification requirement for pneumatic pumps in the 2016 Rule. Further, believing that ``circumstances that could otherwise make control of a pneumatic pump technically infeasible at an existing location can be addressed in the site's design and construction,'' the EPA does not allow such exemption for new developments in the 2016 Rule. 40 CFR 60.5393a(b)(5); see also, 81 FR 35849. The 2016 Rule refers to such new developments as ``greenfield,'' which is defined as an ``entirely new construction.'' 40 CFR 60.5430a. The provisions described above were included in the 2016 Rule without having been proposed for notice and comment, and numerous related objections and issues were raised in the reconsideration petitions. With respect to the requirement that technical infeasibility be certified by a professional engineer, petitioners raised the same issues as those for closed vent system certification discussed in section II.A. In addition, several petitions find the definition of greenfield unclear. For example, one petitioner questions whether the term ``new'' as used in this definition is synonymous to how that term is defined in section 111 of the CAA. Additional questions include whether a greenfield remains forever a greenfield, considering that site designs may change by the time that a new control or pump is installed (which may be years later). Petitioners also object to EPA's assumption that the technical infeasibility encountered at existing well sites can be addressed when ``new'' sites are developed. The issues described above dictate whether one must achieve the emission reduction required under the well site pneumatic pump standards, which were a major addition to the existing oil and gas NSPS regulations through promulgation of the 2016 Rule. Therefore, these issues are of central relevance to the outcome of the 2016 Rule. As announced in the April 18, 2017, letter, and as further announced in this document, the Administrator has convened an administrative reconsideration proceeding. As part of the proceeding, the EPA will prepare a notice of proposed rulemaking that will provide the petitioners and the public an opportunity to comment on the rule requirements and associated issues identified above, as well as those for which reconsideration was granted in the April 18, 2017, letter. During the reconsideration proceeding, the EPA intends to look broadly at the entire 2016 Rule. For a copy of this letter and the administrative reconsideration petitions, please see Docket ID No. EPA- HQ-OAR-2010-0505. III. Stay of Certain Provisions By this document, in addition to the grant of reconsideration discussed in section II above, the EPA is staying the effectiveness of certain aspects of the 2016 Rule for three months pursuant to section 307(d)(7)(B) of the CAA pending reconsideration of the requirements and associated issues described above and in the April 18, 2017, letter. Specifically, the EPA is staying the effectiveness of the fugitive emissions requirements, the standards for pneumatic pumps at well sites, and the certification by a professional engineer requirements. As explained above, the low production well sites and AMEL issues under reconsideration determine the universe of sources that must implement the fugitive emissions requirements. The [[Page 25733]] 2016 Rule requires compliance with the closed vent system requirements, including certification by a professional engineer, in order to meet the emissions standards for a wide range of equipment (centrifugal compressors, reciprocating compressors, pneumatic pumps, and storage vessels); therefore, the issues relative to closed vent certification affect the ability of these equipment to comply with the 2016 Rule. The technical infeasibility exemption and the associated certification by professional engineer requirement, as well as the ``greenfield'' issues described above, dictate whether a source must comply with the emission reduction requirement for well site pneumatic pumps. In light of the uncertainties these issues generate regarding the application and/or implementation of the fugitive emissions requirements, the well site pneumatic pumps standards and the certification by professional engineers requirements, the EPA believes it is reasonable to stay the effectiveness of these requirements in the 2016 Rule, pending reconsideration. Therefore, pursuant to section 307(d)(7)(B) of the CAA, the EPA hereby stays the effectiveness of these requirements for three months. This stay will remain in place until August 31, 2017. List of Subjects in 40 CFR Part 60 Environmental protection, Administrative practice and procedure, Air pollution control, Reporting and recordkeeping. Dated: May 26, 2017. E. Scott Pruitt, Administrator. 0 For the reasons cited in the preamble, title 40, chapter I of the Code of Federal Regulations is amended as follows: PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES 0 1. The authority citation for part 60 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart OOOOa--[Amended] 0 2. Section 60.5393a is amended by: 0 a. Staying paragraphs (b) and (c) from June 2, 2017, until August 31, 2017; and 0 b. Adding paragraph (f). The addition reads as follows: Sec. 60.5393a What GHG and VOC standards apply to pneumatic pump affected facilities? * * * * * (f) Pneumatic pumps at a well site are not subject to the requirements of paragraph (d) and (e) of this section from June 2, 2017, until August 31, 2017. Sec. 60.5397a [Amended] 0 3. Section 60.5397a is stayed from June 2, 2017, until August 31, 2017. 0 4. Section 60.5410a is amended by: 0 a. Staying paragraphs (e)(2) through (5) from June 2, 2017, until August 31, 2017; 0 b. Adding paragraph (e)(8); and 0 c. Staying paragraph (j) from June 2, 2017, until August 31, 2017. The addition reads as follows: Sec. 60.5410a How do I demonstrate initial compliance with the standards for my well, centrifugal compressor, reciprocating compressor, pneumatic controller, pneumatic pump, storage vessel, collection of fugitive emissions components at a well site, collection of fugitive emissions components at a compressor station, and equipment leaks and sweetening unit affected facilities at onshore natural gas processing plants? * * * * * (e) * * * (8) Pneumatic pump affected facilities at a well are not subject to the requirements of (e)(6) and (7) of this section from June 2, 2017, until August 31, 2017. * * * * * 0 5. Section 60.5411a is amended by: 0 a. Revising the introductory text; 0 b. Staying paragraph (d) from June 2, 2017, until August 31, 2017; and 0 c. Adding paragraph (e). The revision and addition read as follows: Sec. 60.5411a What additional requirements must I meet to determine initial compliance for my covers and closed vent systems routing emissions from centrifugal compressor wet seal fluid degassing systems, reciprocating compressors, pneumatic pumps and storage vessels? You must meet the applicable requirements of this section for each cover and closed vent system used to comply with the emission standards for your centrifugal compressor wet seal degassing systems, reciprocating compressors, pneumatic pumps and storage vessels except as provided in paragraph (e) of this section. * * * * * (e) Pneumatic pump affected facilities at a well site are not subject to the requirements of paragraph (a) of this section from June 2, 2017, until August 31, 2017. 0 6. Section 60.5415a is amended by: 0 a. Revising paragraph (b) introductory text and adding paragraph (b)(4); and 0 b. Staying paragraph (h) from June 2, 2017, until August 31, 2017. The revision and addition read as follows: Sec. 60.5415a How do I demonstrate continuous compliance with the standards for my well, centrifugal compressor, reciprocating compressor, pneumatic controller, pneumatic pump, storage vessel, collection of fugitive emissions components at a well site, and collection of fugitive emissions components at a compressor station affected facilities, and affected facilities at onshore natural gas processing plants? * * * * * (b) For each centrifugal compressor affected facility and each pneumatic pump affected facility, you must demonstrate continuous compliance according to paragraph (b)(3) of this section except as provided in paragraph (b)(4) of this section. For each centrifugal compressor affected facility, you also must demonstrate continuous compliance according to paragraphs (b)(1) and (2) of this section. * * * * * (4) Pneumatic pump affected facilities at a well site are not subject to the requirements of paragraphs (b)(3) of this section from June 2, 2017, until August 31, 2017. * * * * * 0 7. Section 60.5416a is amended by revising the introductory text and adding paragraph (d) to read as follows: Sec. 60.5416a What are the initial and continuous cover and closed vent system inspection and monitoring requirements for my centrifugal compressor, reciprocating compressor, pneumatic pump, and storage vessel affected facilities? For each closed vent system or cover at your storage vessel, centrifugal compressor, reciprocating compressor and pneumatic pump affected facilities, you must comply with the applicable requirements of paragraphs (a) through (c) of this section, except as provided in paragraph (d) of this section. * * * * * (d) Pneumatic pump affected facilities at a well site are not subject to the requirements of paragraphs (a) and (b) of this section from June 2, 2017, until August 31, 2017. 0 8. Section 60.5420a is amended by: 0 a. Revising paragraph (b) introductory text; 0 b. Staying paragraphs (b)(7), (8), and (12) from June 2, 2017, until August 31, 2017; 0 c. Adding paragraph (b)(13); and 0 d. Staying paragraphs (c)(15) through (17) from June 2, 2017, until August 31, 2017. The revision and addition read as follows: [[Page 25734]] Sec. 60.5420a What are my notification, reporting, and recordkeeping requirements? * * * * * (b) Reporting requirements. You must submit annual reports containing the information specified in paragraphs (b)(1) through (8) and (12) of this section and performance test reports as specified in paragraph (b)(9) or (10) of this section, if applicable, except as provided in paragraph (b)(13) of this section. You must submit annual reports following the procedure specified in paragraph (b)(11) of this section. The initial annual report is due no later than 90 days after the end of the initial compliance period as determined according to Sec. 60.5410a. Subsequent annual reports are due no later than same date each year as the initial annual report. If you own or operate more than one affected facility, you may submit one report for multiple affected facilities provided the report contains all of the information required as specified in paragraphs (b)(1) through (8) of this section, except as provided in paragraph (b)(13) of this section. Annual reports may coincide with title V reports as long as all the required elements of the annual report are included. You may arrange with the Administrator a common schedule on which reports required by this part may be submitted as long as the schedule does not extend the reporting period. * * * * * (13) The collection of fugitive emissions components at a well site (as defined in Sec. 60.5430a), the collection of fugitive emissions components at a compressor station (as defined in Sec. 60.5430a), and pneumatic pump affected facilities at a well site (as defined in Sec. 60.5365a(h)(2)) are not subject to the requirements of paragraph (b)(1) of this section from June 2, 2017, until August 31, 2017. * * * * * [FR Doc. 2017-11457 Filed 6-2-17; 8:45 am] BILLING CODE 6560-50-P
![25730 Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Rules and Regulations
Paperwork Reduction Act of 1995 (44 Commandant Instruction M16475.lD. A as well as the following regulations,
U.S.C. 3501–3520). Record of Environmental Consideration apply.
(REC) supporting this determination is (2) The safety zone is closed to all
D. Federalism and Indian Tribal
available in the docket where indicated vessel traffic, except as may be
Governments
in the ADDRESSES section of this permitted by the COTP or the
A rule has implications for preamble. designated representative during
Federalism under Executive Order periods of enforcement.
13132 if it has a substantial direct effect G. Protest Activities (3) All persons and vessels shall
on the States, on the relationship The Coast Guard respects the First comply with the instructions of the
between the national government and Amendment rights of protesters. COTP or the designated representative.
the States, or on the distribution of Protesters are asked to contact the Upon being hailed by a U.S. Coast
power and responsibilities among the person listed in the FOR FURTHER Guard vessel or other official patrol
various levels of government. We have INFORMATION CONTACT section to vessel by siren, radio, flashing light or
analyzed this rule under that Order and coordinate protest activities so that your other means, the operator of the vessel
have determined that it is consistent message can be received without shall proceed as directed.
with the fundamental federalism jeopardizing the safety or security of (4) Vessel operators desiring to enter
principles and preemption requirements people, places, or vessels. or operate within the regulated area may
described in Executive Order 13132. request permission from the COTP via
Also, this rule does not have tribal List of Subjects in 33 CFR Part 165 VHF Channel 16 or (907) 835–7205
implications under Executive Order Harbors, Marine safety, Navigation (Prince William Sound Vessel Traffic
13175, Consultation and Coordination (water), Reporting and recordkeeping Center) to request permission to do so.
with Indian Tribal Governments, requirements, Security measures, (5) The Coast Guard will issue a
because it would not have a substantial Waterways. Broadcast Notice to Mariners to advise
direct effect on one or more Indian mariners of the safety zone before and
tribes, on the relationship between the For the reasons discussed in the
preamble, the Coast Guard amends 33 during the event.
Federal Government and Indian tribes, (6) The COTP may be aided by other
or on the distribution of power and CFR part 165 as follows:
Federal, state, borough and local law
responsibilities between the Federal PART 165—REGULATED NAVIGATION enforcement officials in the enforcement
Government and Indian tribes. If you AREAS AND LIMITED ACCESS AREAS of this regulation.
believe this rule has implications for
Dated: May 16, 2017.
Federalism or Indian tribes, please ■ 1. The authority citation for part 165 J.T. Lally,
contact the person listed in the FOR continues to read as follows:
FURTHER INFORMATION CONTACT section. Commander, U.S. Coast Guard, Captain of
Authority: 33 U.S.C 1231; 50 U.S.C. 191; the Port, Prince William Sound, Alaska.
E. Unfunded Mandates Reform Act 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; [FR Doc. 2017–11572 Filed 6–2–17; 8:45 am]
Department of Homeland Security Delegation
The Unfunded Mandates Reform Act No. 0170.1.
BILLING CODE 9110–04–P
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of ■ 2. Add § 165.1713 to read as follows:
their discretionary regulatory actions. In ENVIRONMENTAL PROTECTION
§ 165.1713 Safety Zone; City of Valdez July
particular, the Act addresses actions 4th Fireworks, Port Valdez; Valdez, AK. AGENCY
that may result in the expenditure by a
State, local, or tribal government, in the (a) Regulated area. The following area 40 CFR Part 60
aggregate, or by the private sector of is a permanent safety zone: All
navigable waters of Port Valdez within [EPA–HQ–OAR–2010–0505; FRL–9963–40–
$100,000,000 (adjusted for inflation) or OAR]
more in any one year. Though this rule a 200-yard radius from a position of
would not result in such an 61°07′22″ N. and 146°21′13″ W. This RIN 2060–AT63
expenditure, we do discuss the effects of includes the entrance to the Valdez
small boat harbor. Oil and Natural Gas Sector: Emission
this rule elsewhere in this preamble. Standards for New, Reconstructed,
(b) Effective date. This rule will be
F. Environment effective from 9:30 p.m. until 11:30 p.m. and Modified Sources; Grant of
We have analyzed this rule under on July 4th of each year, or during the Reconsideration and Partial Stay
Department of Homeland Security same time frame on specified rain dates AGENCY: Environmental Protection
Management Directive 023–01 and of July 5th through July 8th of each year. Agency (EPA).
Commandant Instruction M16475.lD, (c) Definitions. The following ACTION: Notice of reconsideration and
which guide the Coast Guard in definitions apply to this section: partial stay.
complying with the National (1) The term ‘‘designated
Environmental Policy Act of 1969 (42 representative’’ means any Coast Guard SUMMARY: By a letter dated April 18,
U.S.C. 4321–4370f), and have made a commissioned, warrant or petty officer 2017, the Administrator announced the
preliminary determination that this of the U. S. Coast Guard who has been convening of a proceeding for
action is one of a category of actions that designated by the COTP, Prince William reconsideration of the fugitive emission
do not individually or cumulatively Sound, to act on his or her behalf. requirements at well sites and
have a significant effect on the human (2) The term ‘‘official patrol vessel’’ compressor station sites in the final
environment. This rule involves the may consist of any Coast Guard, Coast rule, ‘‘Oil and Natural Gas Sector:
nlaroche on DSK30NT082PROD with RULES
establishment of a permanent safety Guard Auxiliary, state, or local law Emission Standards for New,
zone on the navigable waters of Port enforcement vessels assigned or Reconstructed, and Modified Sources,’’
Valdez, in the vicinity of the Valdez approved by the COTP, Prince William published in the Federal Register on
Spit. It is categorically excluded from Sound. June 3, 2016. In this action, the
further review in accordance with (d) Regulations. (1) The general Environmental Protection Agency (EPA)
paragraph 34(g) of Figure 2–1 of regulations contained in 33 CFR 165.23, is granting reconsideration of additional
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![Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Rules and Regulations 25733
2016 Rule requires compliance with the paragraph (d) and (e) of this section The revision and addition read as
closed vent system requirements, from June 2, 2017, until August 31, follows:
including certification by a professional 2017.
engineer, in order to meet the emissions § 60.5415a How do I demonstrate
§ 60.5397a [Amended] continuous compliance with the standards
standards for a wide range of equipment for my well, centrifugal compressor,
(centrifugal compressors, reciprocating ■ 3. Section 60.5397a is stayed from
reciprocating compressor, pneumatic
compressors, pneumatic pumps, and June 2, 2017, until August 31, 2017. controller, pneumatic pump, storage vessel,
storage vessels); therefore, the issues ■ 4. Section 60.5410a is amended by: collection of fugitive emissions
relative to closed vent certification ■ a. Staying paragraphs (e)(2) through components at a well site, and collection of
affect the ability of these equipment to (5) from June 2, 2017, until August 31, fugitive emissions components at a
comply with the 2016 Rule. The 2017; compressor station affected facilities, and
technical infeasibility exemption and ■ b. Adding paragraph (e)(8); and affected facilities at onshore natural gas
the associated certification by ■ c. Staying paragraph (j) from June 2, processing plants?
professional engineer requirement, as 2017, until August 31, 2017. * * * * *
well as the ‘‘greenfield’’ issues The addition reads as follows: (b) For each centrifugal compressor
described above, dictate whether a affected facility and each pneumatic
§ 60.5410a How do I demonstrate initial
source must comply with the emission pump affected facility, you must
compliance with the standards for my well,
reduction requirement for well site centrifugal compressor, reciprocating demonstrate continuous compliance
pneumatic pumps. In light of the compressor, pneumatic controller, according to paragraph (b)(3) of this
uncertainties these issues generate pneumatic pump, storage vessel, collection section except as provided in paragraph
regarding the application and/or of fugitive emissions components at a well (b)(4) of this section. For each
implementation of the fugitive site, collection of fugitive emissions centrifugal compressor affected facility,
emissions requirements, the well site components at a compressor station, and you also must demonstrate continuous
pneumatic pumps standards and the equipment leaks and sweetening unit compliance according to paragraphs
certification by professional engineers affected facilities at onshore natural gas (b)(1) and (2) of this section.
requirements, the EPA believes it is processing plants?
* * * * *
reasonable to stay the effectiveness of * * * * *
(4) Pneumatic pump affected facilities
these requirements in the 2016 Rule, (e) * * *
at a well site are not subject to the
pending reconsideration. Therefore, (8) Pneumatic pump affected facilities
requirements of paragraphs (b)(3) of this
pursuant to section 307(d)(7)(B) of the at a well are not subject to the
section from June 2, 2017, until August
CAA, the EPA hereby stays the requirements of (e)(6) and (7) of this
31, 2017.
effectiveness of these requirements for section from June 2, 2017, until August
three months. 31, 2017. * * * * *
This stay will remain in place until ■ 7. Section 60.5416a is amended by
* * * * *
August 31, 2017. revising the introductory text and
■ 5. Section 60.5411a is amended by:
adding paragraph (d) to read as follows:
List of Subjects in 40 CFR Part 60 ■ a. Revising the introductory text;
■ b. Staying paragraph (d) from June 2, § 60.5416a What are the initial and
Environmental protection, 2017, until August 31, 2017; and continuous cover and closed vent system
Administrative practice and procedure, ■ c. Adding paragraph (e). inspection and monitoring requirements for
Air pollution control, Reporting and The revision and addition read as my centrifugal compressor, reciprocating
recordkeeping. follows: compressor, pneumatic pump, and storage
Dated: May 26, 2017. vessel affected facilities?
E. Scott Pruitt, § 60.5411a What additional requirements For each closed vent system or cover
must I meet to determine initial compliance at your storage vessel, centrifugal
Administrator. for my covers and closed vent systems
■ For the reasons cited in the preamble, routing emissions from centrifugal
compressor, reciprocating compressor
title 40, chapter I of the Code of Federal compressor wet seal fluid degassing and pneumatic pump affected facilities,
Regulations is amended as follows: systems, reciprocating compressors, you must comply with the applicable
pneumatic pumps and storage vessels? requirements of paragraphs (a) through
PART 60—STANDARDS OF You must meet the applicable (c) of this section, except as provided in
PERFORMANCE FOR NEW requirements of this section for each paragraph (d) of this section.
STATIONARY SOURCES cover and closed vent system used to * * * * *
■ 1. The authority citation for part 60 comply with the emission standards for (d) Pneumatic pump affected facilities
continues to read as follows: your centrifugal compressor wet seal at a well site are not subject to the
degassing systems, reciprocating requirements of paragraphs (a) and (b) of
Authority: 42 U.S.C. 7401 et seq. compressors, pneumatic pumps and this section from June 2, 2017, until
storage vessels except as provided in August 31, 2017.
Subpart OOOOa—[Amended]
paragraph (e) of this section. ■ 8. Section 60.5420a is amended by:
■ 2. Section 60.5393a is amended by: * * * * * ■ a. Revising paragraph (b) introductory
■ a. Staying paragraphs (b) and (c) from (e) Pneumatic pump affected facilities text;
June 2, 2017, until August 31, 2017; and at a well site are not subject to the ■ b. Staying paragraphs (b)(7), (8), and
■ b. Adding paragraph (f). (12) from June 2, 2017, until August 31,
requirements of paragraph (a) of this
The addition reads as follows: 2017;
section from June 2, 2017, until August
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§ 60.5393a What GHG and VOC standards 31, 2017. ■ c. Adding paragraph (b)(13); and
apply to pneumatic pump affected ■ 6. Section 60.5415a is amended by: ■ d. Staying paragraphs (c)(15) through
facilities? ■ a. Revising paragraph (b) introductory (17) from June 2, 2017, until August 31,
* * * * * text and adding paragraph (b)(4); and 2017.
(f) Pneumatic pumps at a well site are ■ b. Staying paragraph (h) from June 2, The revision and addition read as
not subject to the requirements of 2017, until August 31, 2017. follows:
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![25734 Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Rules and Regulations
§ 60.5420a What are my notification, ACTION: Direct final rule. restricted by statute. Multimedia
reporting, and recordkeeping submissions (audio, video, etc.) must be
requirements? SUMMARY: With this direct final rule, the accompanied by a written comment.
* * * * * Environmental Protection Agency (EPA) The written comment is considered the
(b) Reporting requirements. You must is taking action to approve the negative official comment and should include
submit annual reports containing the declarations for several designated discussion of all points you wish to
information specified in paragraphs facility classes in various states of make. The EPA will generally not
(b)(1) through (8) and (12) of this section Region 8. First, the EPA is taking direct consider comments or comment
and performance test reports as final action in approving the negative contents located outside of the primary
specified in paragraph (b)(9) or (10) of declarations for small municipal waste submission (i.e., on the web, cloud, or
this section, if applicable, except as combustor (MWC) units submitted by other file sharing system). For
provided in paragraph (b)(13) of this the states of Colorado, Montana, North additional submission methods, the full
section. You must submit annual reports Dakota, South Dakota, and Wyoming. EPA public comment policy,
following the procedure specified in Second, the EPA is taking direct final information about CBI or multimedia
paragraph (b)(11) of this section. The action in approving the negative submissions, and general guidance on
initial annual report is due no later than declarations for large MWC units making effective comments, please visit
90 days after the end of the initial submitted by the states of Colorado, http://www2.epa.gov/dockets/
compliance period as determined Montana, North Dakota, South Dakota, commenting-epa-dockets.
according to § 60.5410a. Subsequent Utah, and Wyoming. Third, the EPA is FOR FURTHER INFORMATION CONTACT:
annual reports are due no later than taking direct final action in approving Gregory Lohrke, Air Program, U.S.
same date each year as the initial annual the negative declarations for commercial Environmental Protection Agency
report. If you own or operate more than industrial solid waste incineration (EPA), Region 8, Mail Code 8P–AR,
one affected facility, you may submit (CISWI) units submitted by the states of 1595 Wynkoop Street, Denver, Colorado
one report for multiple affected facilities Montana, South Dakota, Utah, and 80202–1129, (303) 312–6396,
provided the report contains all of the Wyoming. Fourth, the EPA is taking lohrke.gregory@epa.gov.
information required as specified in direct final action in approving the
paragraphs (b)(1) through (8) of this negative declarations for other solid SUPPLEMENTARY INFORMATION:
section, except as provided in paragraph waste incineration (OSWI) units I. Why is EPA using a direct final rule?
(b)(13) of this section. Annual reports submitted by the states of Montana,
may coincide with title V reports as long The EPA is publishing this rule
North Dakota, South Dakota, Utah, and
as all the required elements of the without prior proposal because the
Wyoming. Each state included in this
annual report are included. You may agency views this as a noncontroversial
action has notified the EPA in a letter
arrange with the Administrator a action and anticipates no adverse
of negative declaration that there are no
common schedule on which reports comments. However, in the Proposed
existing designated facilities, of the
required by this part may be submitted Rules section of today’s Federal
source category specified in each
as long as the schedule does not extend Register publication, the EPA is
particular letter of negative declaration,
the reporting period. publishing a separate document that
subject to the requirements of sections
will serve as the proposal to publish the
* * * * * 111(d) and 129 of the Clean Air Act
negative declarations should relevant
(13) The collection of fugitive (CAA or the ‘‘Act’’) currently operating
adverse comments be filed. This rule
emissions components at a well site (as within the jurisdictional boundaries of
will be effective August 4, 2017 without
defined in § 60.5430a), the collection of their state. The EPA is accepting the
further notice unless the agency receives
fugitive emissions components at a negative declarations in accordance
relevant adverse comments by July 5,
compressor station (as defined in with sections 111(d) and 129(b) of the
2017.
§ 60.5430a), and pneumatic pump Act. This is a direct final action without
If the EPA receives adverse
affected facilities at a well site (as prior notice and comment because the
comments, the EPA will publish a
defined in § 60.5365a(h)(2)) are not action is deemed noncontroversial.
timely withdrawal in the Federal
subject to the requirements of paragraph DATES: This direct final rule is effective Register informing the public that this
(b)(1) of this section from June 2, 2017, on August 4, 2017 without further direct final rule will not take effect. The
until August 31, 2017. notice, unless the EPA receives adverse EPA will address all public comments
* * * * * written comments on or before July 5, in a subsequent final rule based on the
[FR Doc. 2017–11457 Filed 6–2–17; 8:45 am] 2017. If adverse comments are received, proposed rule. The EPA will not
BILLING CODE 6560–50–P the EPA will publish a timely institute a second comment period on
withdrawal of the direct final rule in the this action. Any parties interested in
Federal Register informing the public commenting must do so at this time.
ENVIRONMENTAL PROTECTION that the rule will not take effect. Please note that if the EPA receives
AGENCY ADDRESSES: Submit your comments, adverse comment on an amendment,
40 CFR Part 62 identified by Docket ID No. EPA–R08– paragraph, or section of this rule and if
OAR–2017–0171 at http:// that provision may be severed from the
[EPA–R08–OAR–2017–0171; FRL–9963–21– www.regulations.gov. Follow the online remainder of the rule, the EPA may
Region 8] instructions for submitting comments. adopt as final those provisions of the
Once submitted, comments cannot be rule that are not the subject of an
Approval and Promulgation of State
edited or removed from Regulations.gov.
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Plans for Designated Facilities and adverse comment.
The EPA may publish any comment
Pollutants: Colorado, Montana, North II. Background
received to its public docket. Do not
Dakota, South Dakota, Utah, and
submit electronically any information The EPA’s statutory authority for
Wyoming; Negative Declarations
you consider to be Confidential regulating new and existing solid waste
AGENCY: Environmental Protection Business Information (CBI) or other incineration units is outlined in CAA
Agency (EPA). information whose disclosure is sections 111 and 129. Section 129 of the
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Document Created: 2018-11-14 10:01:24
Document Modified: 2018-11-14 10:01:24
| 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 | Notice of reconsideration and partial stay. | |
| Dates | This final rule is effective June 2, 2017. The action granting reconsideration is effective June 2, 2017. The stay of Sec. Sec. 60.5393a(b) through (c), 60.5397a, 60.5410a(e)(2) through (5) and (j), 60.5411a(d), 60.5415a(h), 60.5420a(b)(7), (8), and (12), and (c)(15) through (17) is effective from June 2, 2017, until August 31, 2017. | |
| Contact | Mr. Peter Tsirigotis, Sector Policies and Programs Division (D205-01), Office of Air Quality Planning and Standards, Environmental Protection Agency, Research Triangle Park, | |
| FR Citation | 82 FR 25730 | |
| RIN Number | 2060-AT63 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Air Pollution Control and Reporting and Recordkeeping |
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