[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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