[Federal Register Volume 77, Number 158 (Wednesday, August 15, 2012)]
[Proposed Rules]
[Pages 48923-48924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19697]
[[Page 48923]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 49
[EPA-R08-OAR-2012-0479; FRL-9715-6]
Approval and Promulgation of Federal Implementation Plan for Oil
and Natural Gas Well Production Facilities; Fort Berthold Indian
Reservation (Mandan, Hidatsa, and Arikara Nations), North Dakota
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to promulgate a Reservation-specific Federal
Implementation Plan in order to regulate emissions from oil and natural
gas production facilities located on the Fort Berthold Indian
Reservation located in North Dakota. The proposed Federal
Implementation Plan includes basic air quality regulations for the
protection of communities in and adjacent to the Fort Berthold Indian
Reservation. The proposed Federal Implementation Plan requires owners
and operators of oil and natural gas production facilities to reduce
emissions of volatile organic compounds emanating from well
completions, recompletions, and production and storage operations. This
Federal Implementation Plan would be implemented by EPA, or a delegated
Tribal Authority, until replaced by a Tribal Implementation Plan. EPA
is issuing an interim final rule for a Reservation-specific Federal
Implementation Plan, concurrently with this proposed rule, for a
Reservation-specific Federal Implementation Plan and any additional
information can be found within the interim final rule under the same
title.
DATES: Written comments must be received on or before October 15, 2012.
Public Hearing: EPA will hold a public hearing on the following
date: September 12, 2012. The hearing will start at 1 p.m. local time
and continue until 4 p.m. or until everyone has had a chance to speak.
Additionally, an evening session will be held from 6 p.m. until 8 p.m.
The hearing will be held at the 4 Bears Casino & Lodge, 202 Frontage
Rd, New Town, ND 58763, (701) 627-4018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2012-0479, by one of the following methods:
http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
Email: [email protected]
Fax: (303) 312-6064 (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
Mail: Carl Daly, Director, Air Program, U.S. Environmental
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street,
Denver, Colorado 80202-1129.
Hand Delivery: Carl Daly, Director, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries are only
accepted Monday through Friday, 8 a.m. to 4:30 p.m., excluding Federal
holidays. Special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2012-0479. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA, without
going through http://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly-available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the following
locations: Air Program, U.S. Environmental Protection Agency (EPA),
Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-
1129; and Environmental Division, Three Affiliated Tribes, 204 West
Main, New Town, North Dakota 58763-9404. EPA requests that if at all
possible, you contact the individuals listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8 a.m. to 4
p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Deirdre Rothery, U. S. Environmental
Protection Agency, Region 8, Air Program, Mail Code 8P-AR, 1595 Wynkoop
Street, Denver, Colorado 80202-1129, (303) 312-6431,
[email protected].
SUPPLEMENTARY INFORMATION: For further information on this proposed
rule, please see the interim final action, of the same title, which is
located in the Rules section of this Federal Register. EPA is taking
this action as an interim final rule without prior proposal and public
comment because EPA finds for good cause under section 553(b)(B) of the
Administrative Procedure Act (APA), 5 U.S.C. 551 et seq. that notice-
and-comment are impracticable, unnecessary or contrary to the public
interest in this instance. Section 307(d) of the CAA states that in the
case of any rule to which section 307(d) applies, notice of proposed
rulemaking must be published in the Federal Register (CAA section
307(d)(3)). The promulgation or revision of regulations under section
110 of the CAA is generally subject to section 307(d). However, section
307(d) does not apply to any rule referred to in subparagraphs (A) or
(B) of section 553(b) of the APA. Further discussion on EPA's
determination on invoking the good cause exemption can be found in the
interim final rule as well as a detailed rationale for our approval.
The requirements in a subsequent final rule for this proposed rule are
expected to supersede the requirements being promulgated in that
interim final rule.
Note that Docket Number EPA-R08-OAR-2012-0479 is being used for
both the interim final rule and the proposed rule.
[[Page 48924]]
EPA will address all public comments in a subsequent final rule
based on this proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting on this
action should do so at this time.
List of Subjects in 40 CFR Part 49
Environmental protection, Administrative practice and procedure,
Air pollution control, Indians, Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: August 1, 2012.
James B. Martin,
Regional Administrator, Region 8.
[FR Doc. 2012-19697 Filed 8-14-12; 8:45 am]
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