[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Proposed Rules]
[Pages 8742-8743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02619]



[[Page 8742]]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2020-0528; FRL-10018-15-Region 3]


Air Plan Approval; Maryland; Negative Declaration for the Oil and 
Gas Industry

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision submitted by the 
State of Maryland. This revision provides Maryland's determination, via 
a negative declaration, that there are no sources within its borders 
subject to EPA's 2016 Oil and Natural Gas Control Techniques Guidelines 
(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 March 11, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2020-0528 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: David Talley, 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-
2117. Mr. Talley can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: On June 18, 2020, the Maryland Department of 
the Environment (MDE) submitted the negative declaration for the 2016 
Oil and Gas CTG as a revision to the Maryland SIP.

I. Background

    The CAA regulates emissions of nitrogen oxides (NOX) and 
volatile organic compounds (VOCs) to prevent photochemical reactions 
that result in ozone formation. Reasonably available control technology 
(RACT) is a strategy for reducing NOX and VOC emissions from 
stationary sources within areas not meeting the National Ambient Air 
Quality Standards (NAAQS) for ozone. EPA has consistently defined 
``RACT'' as the lowest emission limit that a particular source is 
capable of meeting by the application of the control technology that is 
reasonably available considering technological and economic 
feasibility.
    Control Technique Guidelines (CTGs) and Alternative Control 
Techniques (ACTs) form important components of the guidance that EPA 
provides to states for making RACT determinations. CTGs are used to 
presumptively define VOC RACT for applicable source categories. CAA 
section 182(b)(2)(A) requires that for ozone nonattainment areas 
classified as moderate or above, states must revise their SIPs to 
include provisions to implement RACT for each category of VOC sources 
covered by a CTG document. CAA section 184(b)(1)(B) extends the RACT 
obligation to all areas of states within the Ozone Transport Region 
(OTR), including Maryland.\1\
---------------------------------------------------------------------------

    \1\ CAA section 184(a) establishes a single OTR comprised of 11 
eastern states (including Maryland) and the Consolidated 
Metropolitan Statistical Area (CMSA) that includes the District of 
Columbia.
---------------------------------------------------------------------------

    States subject to RACT requirements are required to enact controls 
for sources subject to CTGs that are at least as stringent as those 
found within the CTG either via the adoption of regulations, or by 
issuance of single source permits that outline what the source is 
required to do to meet RACT.\2\ On March 6, 2016 (80 FR 12264), EPA 
issued a final rule entitled ``Implementation of the 2008 National 
Ambient Air Quality Standards for Ozone: State Implementation Plan 
Requirements'' (2008 Ozone Implementation Rule). In the preamble to the 
final rule, EPA makes clear that if there are no sources covered by a 
specific CTG source category located in an ozone nonattainment area or 
an area in the OTR, the state may submit a negative declaration for 
that CTG. See 80 FR 12264, 12278.
---------------------------------------------------------------------------

    \2\ EPA took final action to approve Maryland's SIP revision 
addressing VOC RACT requirements (including the other CTGs) for the 
2008 8-hour ozone NAAQS on February 20, 2019. See 84 FR 5004.
---------------------------------------------------------------------------

    On October 27, 2016 (81 FR 74798), EPA published in the Federal 
Register the ``Release of Final Control Techniques Guidelines for the 
Oil and Natural Gas Industry,'' (2016 Oil and Gas CTG).\3\ This CTG 
provided information to state, local, and tribal air agencies to assist 
in determining RACT for VOC emissions from certain VOC emission source 
within the oil and natural gas industry. The 2016 Oil and Gas CTG 
replaces an earlier 1983 CTG entitled ``Control of Volatile Organic 
Compound Equipment Leaks from Natural Gas/Gasoline Processing Plants. 
December 1983.'' EPA-450/3-83-007 (1983 CTG) 49 FR 4432; February 6, 
1984. See 2016 Oil and Gas CTG, p. 8-1.
---------------------------------------------------------------------------

    \3\ The CTG is available at https://www.epa.gov/sites/production/files/2016-10/documents/2016-ctg-oil-and-gas.pdf and is 
also included in the docket for this action.
---------------------------------------------------------------------------

II. Summary of SIP Revision and EPA Analysis

    The 2016 Oil and Gas CTG divides the industry into four segments: 
Production, processing, transmission and storage, and distribution. The 
transmission and storage sector includes compressor stations, pipelines 
and storage facilities. The distribution sector is the final step in 
delivering natural gas to customers and includes gas mains and service 
pipelines. See CTG p. 3-1; see also CTG pp. 3-1 through 3-3 for a brief 
explanation of each segment. However, not all four segments of the 
industry are subject to the requirements of the CTG. The CTG covers 
select sources of VOC emissions in the onshore production and 
processing segments of the oil and natural gas industry (i.e., 
pneumatic controllers, pneumatic pumps, compressors, equipment leaks, 
fugitive emissions) and storage vessel VOC emissions in all segments 
(except distribution) of the oil and natural gas industry. These 
sources were selected for RACT recommendations because current 
information indicates that they are significant sources of VOC 
emissions.
    According to Maryland's June 18, 2020 submittal, MDE conducted a 
review of potential sources subject to

[[Page 8743]]

the 2016 Oil and Gas CTG. This review consisted of a search of 
Maryland's oil and gas well records, air permit records, EPA greenhouse 
gas reporting records, and the Standard Industrial Classification (SIC) 
system.\4\ MDE's search identified a total of 13 facilities in Maryland 
operating in the production, processing, or transmission and storage 
segments of the oil and natural gas industry. However, none of these 
facilities met or exceeded the applicability criteria of the CTG.\5\ 
MDE identified five facilities in the natural gas transmission sector, 
but determined that none of them had storage tanks with the potential 
to emit (PTE) more than 6 tons per year (tpy) of VOCs, which is the 
threshold for applicability of the CTG. Additionally, MDE identified 
eight active individual production wells. None of these exceeded the 15 
barrel equivalents per day per well threshold for CTG applicability. 
Further, none of the production wells were determined to operate 
pneumatic pumps or controllers, or compressors. Finally, with respect 
to fugitive emissions, none of the wells exceed the applicability 
threshold of a gas to oil ratio (GOR) of 300 or greater.
---------------------------------------------------------------------------

    \4\ See pp. 1-3 of Maryland's submittal, included in the docket 
for this rulemaking action.
    \5\ See pp. 1-3 of Maryland's submittal, included in the docket 
for this rulemaking action.
---------------------------------------------------------------------------

III. Proposed Action

    EPA's review of this material indicates that it meets all 
applicable CAA requirements, including CAA sections 182(b)(2)(A) and 
184(b)(1)(B), and that MDE has satisfactorily demonstrated that there 
are no sources operating in Maryland subject to the 2016 Oil and Gas 
CTG. EPA is proposing to approve Maryland's June 18, 2020 negative 
declaration SIP submittal as a revision to the Maryland SIP. EPA is 
soliciting public comments on Maryland's negative declaration, 
including the adequacy of MDE's search and analysis of the CTG 
applicability criteria. Comments concerning the adequacy of the 2016 
Oil and Gas CTG itself are not germane to this action and will not be 
considered. Relevant 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 this is not a ``significant regulatory 
action'' 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 rulemaking, pertaining to Maryland'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.

    Dated: February 3, 2021.
Diana Esher,
Acting Regional Administrator, Region III.
[FR Doc. 2021-02619 Filed 2-8-21; 8:45 am]
BILLING CODE 6560-50-P