[Federal Register Volume 84, Number 225 (Thursday, November 21, 2019)]
[Proposed Rules]
[Pages 64244-64245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25167]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2019-0552; FRL-10002-38-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia; Negative Declaration for the Oil and Gas Control 
Techniques Guideline

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
District of Columbia. This revision pertains to a negative declaration 
for the October 2016 Oil and Natural Gas Control Techniques Guideline 
(CTG) (2016 Oil and Gas CTG). This action is being taken under the 
Clean Air Act (CAA).

DATES: Written comments must be received on or before December 23, 
2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2019-0552 at https://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Joseph Schulingkamp, Planning & 
Implementation Branch (3AD30), Air & Radiation Division, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2021. Mr. Schulingkamp can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On October 27, 2016, EPA published in the Federal Register the 
``Release of Final Control Techniques Guidelines for the Oil and 
Natural Gas Industry.'' See 81 FR 74798. The CTG provided information 
to state, local, and tribal air agencies to assist them in determining 
reasonably available control technology (RACT) for volatile organic 
compounds (VOC) emissions from select oil and natural gas industry 
emission sources. CAA section 182(b)(2)(A) requires that for ozone 
nonattainment areas classified as Moderate, states must revise their 
SIPs 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 184(b)(1)(B) extends this 
requirement to states in the Ozone Transport Region (OTR). States are 
required to adopt RACT controls that are at least as stringent as those 
found within the CTG. If no sources are found within the jurisdiction 
of the states, the state may submit as a SIP revision a negative 
declaration stating that there are no applicable sources in the state.

II. Summary of SIP Revision and EPA Analysis

    On July 17, 2019, the District of Columbia's Department of Energy 
and Environment (DOEE), on behalf of the District of Columbia, 
submitted a revision to its SIP concerning a negative declaration for 
the 2016 Oil and Gas CTG. In its submittal, DOEE conducted a search of 
its sources to determine if the District has any sources that fall 
within the applicability of the 2016 Oil and Gas CTG. DOEE reviewed the 
following sources of information: DOEE's Air Quality Division's 
permitting database for potential sources subject to the 2016 Oil and 
Gas

[[Page 64245]]

CTG, the Energy Information Administration's data regarding natural gas 
pipelines and areas of oil and gas development, the Department of 
Homeland Security's database of critical infrastructure which includes 
natural gas compressor stations, the District's Department of Consumer 
and Regulatory Affairs database which would include a basic business 
license for broad categories of businesses, and the District's point 
and area source inventory. Within each database or system reviewed, the 
District found no sources subject to the 2016 Oil and Gas CTG. After 
completing this search, the District has declared that no sources 
subject to the 2016 Oil and Gas CTG exist within the District.

III. Proposed Action

    EPA is proposing to approve the District's SIP revision concerning 
the negative declaration for the 2016 Oil and Gas CTG, which was 
submitted on July 17, 2019. EPA is soliciting public comments on the 
issues discussed in this document. These comments will be considered 
before taking final action.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule, addressing the District's negative 
declaration for the 2016 Oil and Gas CTG, does not have tribal 
implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), because the SIP is not approved to apply in Indian 
country located in the state, and EPA notes that it will not impose 
substantial direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone, Volatile organic compounds.


    Authority: 42 U.S.C. 7401 et seq.

    Dated: October 28, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2019-25167 Filed 11-20-19; 8:45 am]
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