[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Notices]
[Pages 74798-74799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25923]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2015-0216; FRL-9954-57-OAR]
RIN 2060-ZA22


Release of Final Control Techniques Guidelines for the Oil and 
Natural Gas Industry

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: The Environmental Protection Agency (EPA) is announcing the 
availability of a final document titled, ``Control Techniques 
Guidelines for the Oil and Natural Gas Industry'' (EPA 453/B-16-001). 
This Control Techniques Guidelines (CTG) document provides state, 
local, and tribal air agencies (air agencies) information to assist 
them in determining reasonably available control technology (RACT) for 
volatile organic compound (VOC) emissions from select oil and natural 
gas industry emission sources.

DATES: This CTG document is effective October 27, 2016.

ADDRESSES: The final ``Control Techniques Guidelines for the Oil and 
Natural Gas Industry'' document is available primarily via the Internet 
at http://www.epa.gov/airquality/oilandgas/index.html or https://www.epa.gov/laws-regulations/significant-guidance-documents-air or the 
public docket at http://www.regulations.gov, Docket ID No. EPA-HQ-OAR-
2015-0216.

FOR FURTHER INFORMATION CONTACT: Ms. Charlene Spells, U.S. 
Environmental Protection Agency, Office of Air Quality Planning and 
Standards, Sector Policies and Programs Division (E143-05), Research 
Triangle Park, NC 27711; telephone number: (919) 541-5255; fax number: 
(919) 541-3470; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Information About the Document

    Section 172(c)(1) of the Clean Air Act (CAA) provides that State 
Implementation Plans (SIP) for nonattainment areas must include RACT, 
including RACT for existing sources of emissions. Section 182(b)(2)(A) 
of the CAA requires that for areas designated nonattainment for an 
ozone national ambient air quality standard (NAAQS) and classified as 
Moderate, states must revise their SIP to include provisions to 
implement RACT for each category of VOC sources covered by a CTG 
document issued between November 15, 1990, and the date of attainment. 
CAA section 182(c) through (e) applies this requirement to states with 
areas designated nonattainment for an ozone NAAQS classified as 
Serious, Severe, and Extreme.
    The CAA also imposes the same requirement on states in Ozone 
Transport Regions (OTR). Specifically, CAA section 184(b) provides that 
states in the OTR must revise their SIP to implement RACT with respect 
to all sources of VOC in the state covered by a CTG document issued 
before or after November 15, 1990. CAA section 184(a) establishes a 
single OTR comprised of Connecticut, Delaware, Maine, Maryland, 
Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode 
Island, Vermont, and the Consolidated Metropolitan Statistical Area 
(CMSA) that includes the District of Columbia.
    The EPA defines RACT as ``the lowest emission limitation that a 
particular source is capable of meeting by the application of control 
technology that is reasonably available considering technological and 
economic feasibility'' (44 FR 53761, September 17, 1979). In subsequent 
notices, the EPA has addressed how states can meet the RACT 
requirements of the CAA. The EPA developed this CTG document to provide 
air agencies information to assist them in determining what types of

[[Page 74799]]

control could constitute RACT for VOC emissions from select oil and 
natural gas sources. In developing the final CTG document, the EPA 
evaluated the sources of VOC emissions from the oil and natural gas 
industry and the available control approaches for addressing these 
emissions, including the costs of such approaches. Based on available 
information and data, the EPA is providing final recommendations for 
RACT for select oil and natural gas industry emission sources. The VOC 
RACT recommendations contained in this final CTG document were made 
based on a review of the 1983 CTG document on equipment leaks from 
natural gas processing plants, the Oil and Natural Gas New Source 
Performance Standards, existing state and local VOC emission reduction 
approaches, and information on costs, emissions, and available emission 
control technologies and in response to comments received on the draft 
CTG document released for review on September 18, 2015 (80 FR 56577). 
Also, the EPA released for external peer review five technical white 
papers on potentially significant sources of emissions in the oil and 
natural gas industry. We considered information included in these white 
papers, along with the input we received from the peer reviewers and 
the public, when evaluating and recommending a RACT level of control 
for emission sources. Air agencies can use the recommendations in the 
CTG document to inform their determinations as to what constitutes RACT 
for VOC for those oil and natural gas industry emission sources in 
their particular areas. The information contained in the CTG document 
is provided only as guidance. This guidance does not change, or 
substitute for, requirements specified in applicable sections of the 
CAA or the EPA's regulations; nor is it a regulation itself. The RACT 
recommendations, and corresponding model rule language, contained in 
the CTG document do not impose any legally binding requirements on any 
entity. The CTG document provides only recommendations for air agencies 
to consider in determining RACT. Air agencies are free to implement 
other technically-sound approaches that are consistent with the CAA and 
the EPA's regulations.
    The recommendations contained in the CTG document are based on data 
and information currently available to the EPA. These general 
recommendations may not apply to a particular situation based on 
circumstances not considered in the CTG document. Regardless of whether 
an air agency chooses to implement the recommendations contained in 
this CTG document, or to issue rules that adopt different approaches 
for RACT for VOC from oil and natural gas industry emission sources, 
air agencies must submit their RACT provisions to the EPA for review 
and approval as part of the SIP submission process. The EPA will 
evaluate the submissions and determine, through notice and comment 
rulemaking in the SIP review process, whether the submissions meet the 
RACT requirements of the CAA and the EPA's regulations. To the extent 
an air agency adopts any of the recommendations in this CTG document 
into its RACT provisions, interested parties can raise questions and 
objections about the appropriateness of the application of this 
guidance to a particular situation during the development of the rules 
and the EPA's SIP review process. Such questions and objections can 
relate to the substance of this guidance.
    Section 182(b)(2) of the CAA provides that a CTG document issued 
after November 15, 1990, include the period for submitting SIP 
revisions incorporating provisions to require RACT for the category of 
VOC sources covered by the CTG document. The EPA is providing a 2-year 
period, from the effective date included in this Notice, for the 
required SIP submittal.
    The Tribal Authority Rule (63 FR 7254, February 12, 1998) (TAR) 
identifies CAA provisions for which it is appropriate to treat Indian 
tribes in the same manner as air agencies (TAS). Pursuant to the TAR, 
tribes may apply for TAS for purposes of CAA section 110 and Part D 
planning requirements in CAA section 182. As a result, tribes may, but 
are not required to, apply for TAS for the purpose of developing a 
tribal implementation plan (TIP) addressing RACT for sources located in 
an area designated nonattainment for an ozone NAAQS with a 
classification of Moderate, Serious, Severe or Extreme within the 
tribe's jurisdiction. If the EPA grants that status and approves the 
TIP, the tribe would implement RACT in the area within the geographic 
scope of the TAS designation and the approved TIP. If a tribe does not 
seek and obtain the authority from the EPA to establish a plan, the EPA 
will be responsible for establishing CAA section 110 and 182 plans for 
reservations and trust lands, and any other lands under tribal 
jurisdiction, if the EPA determines that such a plan is necessary or 
appropriate to protect air quality in such areas. See 40 CFR 49.4 and 
49.11.
    A summary of the comments received on the draft CTG document and 
responses can be found in the docket at http://www.regulations.gov 
(Docket ID No. EPA-HQ-OAR-2015-0216).

    Dated: October 20, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016-25923 Filed 10-26-16; 8:45 am]
 BILLING CODE 6560-50-P