[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Rules and Regulations]
[Pages 52778-52779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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