57018 Federal Register / Vol
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57018 Federal Register / Vol. 85, No. 178 / Monday, September 14, 2020 / Rules and Regulations ENVIRONMENTAL PROTECTION https://www.epa.gov/dockets. The EPA SIP state implementation plan AGENCY continues to carefully and continuously SO2 sulfur dioxide monitor information from the Center for tpy tons per year 40 CFR Part 60 Disease Control, local area health the Court United States Court of Appeals for the District of Columbia Circuit [EPA–HQ–OAR–2017–0757; FRL–10013–44– departments, and our Federal partners TSD technical support document OAR] so that we can respond rapidly as UMRA Unfunded Mandates Reform Act conditions change regarding COVID–19. U.S. United States RIN 2060–AT90 FOR FURTHER INFORMATION CONTACT: For VOC volatile organic compounds Oil and Natural Gas Sector: Emission questions about this final action, contact Organization of this document. The Standards for New, Reconstructed, Ms. Amy Hambrick, Sector Policies and information presented in this preamble and Modified Sources Review Programs Division (E143–05), Office of is organized as follows: Air Quality Planning and Standards, I. Executive Summary AGENCY: Environmental Protection U.S. Environmental Protection Agency, A. Purpose and Summary of the Regulatory Agency (EPA). Research Triangle Park, North Carolina Action ACTION: Final rule. 27711; telephone number: (919) 541– B. Costs and Benefits 0964; fax number: (919) 541–0516; and II. General Information SUMMARY: This action finalizes email address: [email protected]. A. Does this action apply to me? amendments to the oil and natural gas SUPPLEMENTARY INFORMATION: Preamble B. How do I obtain a copy of this new source performance standards acronyms and abbreviations. We use document, background information, other related information? (NSPS) promulgated in 2012 and 2016. multiple acronyms and terms in this These amendments remove sources in C. Judicial Review preamble. While this list may not be III. Background the transmission and storage segment exhaustive, to ease the reading of this from the source category, rescind the IV. 2019 Proposal preamble and for reference purposes, V. Final Action and Rationale NSPS (including both the volatile the EPA defines the following terms and A. Summary of Final Action organic compounds (VOC) and methane acronyms here: B. Rationale requirements) applicable to those VI. Significant Contribution sources, and separately rescinds the AEO Annual Energy Outlook A. Legal Interpretation Concerning the Air APA Administrative Procedure Act Pollutants That Are Subject to CAA methane-specific requirements of the BSER best system of emission reduction NSPS applicable to sources in the Section 111 CAA Clean Air Act B. Flaws in the 2016 Rule’s Significant production and processing segments. CFR Code of Federal Regulations Furthermore, the U.S. Environmental Contribution Finding CH4 methane C. Criteria for Making a Significant CO carbon monoxide Protection Agency (EPA) adopts an Contribution Finding Under CAA CO carbon dioxide interpretation of Clean Air Act (CAA) 2 Section 111 CO Eq. carbon dioxide equivalent section 111 under which the EPA, as a 2 VII. Implications for Regulation of Existing EAV equivalent annualized value predicate to promulgating NSPS for Sources EG Emission Guidelines A. Existing Source Regulation Under CAA certain air pollutants, must determine EGU Electricity Generating Units that the pertinent pollutant causes or EIA U.S. Energy Information Section 111(d) contributes significantly to dangerous Administration B. Impact of Lack of Regulation of Existing air pollution. EPA Environmental Protection Agency Oil and Natural Gas Sources Under CAA GHG greenhouse gases Section 111(d) DATES: This final rule is effective on VIII. Summary of Major Comments and September 14, 2020. GHGI greenhouse gas inventory GHGRP Greenhouse Gas Reporting Program Responses ADDRESSES: The EPA established a HAP hazardous air pollutant(s) A. Revision of the Source Category To Remove Transmission and Storage docket for this action under Docket ID H2S hydrogen sulfide No. EPA–HQ–OAR–2017–0757. All ICR Information Collection Request Segment documents in the docket are listed on IR infrared B. Rescission of the Applicability to kt kilotons Methane of the NSPS for Production and the https://www.regulations.gov/ Processing Segments website. Although listed, some MMT million metric tons NAAQS National Ambient Air Quality IX. Summary of Significant Comments and information is not publicly available, Standards Responses on Significant Contribution e.g., Confidential Business Information NAICS North American Industry Finding for Methane or other information whose disclosure is Classification System A. Requirement for Pollutant-Specific restricted by statute. Certain other NEI National Emissions Inventory Significant Contribution Finding material, such as copyrighted material, NEMS National Energy Modeling System B. Significant Contribution Finding in 2016 is not placed on the internet and will be NOX nitrogen oxides Rule publicly available only in hard copy NSPS new source performance standards C. Criteria for Making a Significant NTTAA National Technology Transfer and Contribution Finding Under CAA form. Publicly available docket Section 111 materials are available electronically Advancement Act OGI optical gas imaging X. Summary of Significant Comments and through https://www.regulations.gov/. OMB Office of Management and Budget Responses Concerning Implications for Out of an abundance of caution for PM particulate matter Regulation of Existing Sources members of the public and our staff, the PM2.5 PM with a diameter of 2.5 A. Existing Source Regulation Under CAA EPA Docket Center and Reading Room micrometers or less Section 111(d) are closed to the public, with limited PM10 PM with a diameter of 10 micrometers B. Limited Impact of Lack of Regulation of exceptions, to reduce the risk of or less Existing Oil and Natural Gas Sources transmitting COVID–19. Our Docket PRA Paperwork Reduction Act Under CAA Section 111(d) XI. Impacts of This Final Rule Center staff will continue to provide PV present value RFA Regulatory Flexibility Act A. What are the air impacts? remote customer service via email, RIA Regulatory Impact Analysis B. What are the energy impacts? phone, and webform. For further SC-CH4 social cost of methane C. What are the compliance costs? information and updates on EPA Docket SCF significant contribution finding D. What are the economic and employment Center services, please visit us online at scfh standard cubic feet per hour impacts? VerDate Sep<11>2014 20:10 Sep 11, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\14SER4.SGM 14SER4 khammond on DSKJM1Z7X2PROD with RULES4 Federal Register / Vol. 85, No. 178 / Monday, September 14, 2020 / Rules and Regulations 57019 E. What are the benefits of the final burden the development of domestic and storage segment, and that this standards? energy resources beyond the degree segment constitutes a separate source XII. Statutory and Executive Order Reviews necessary to protect the public interest category from the production and A. Executive Order 12866: Regulatory or otherwise comply with the law’’ and, processing segments, the EPA was Planning and Review and Executive Order 13563: Improving Regulation and thus, should be ‘‘suspend[ed], revise[d], authorized to list it for regulation under 45 Regulatory Review or rescind[ed]’’. From this review, the CAA section 111(b) only by making a B. Executive Order 13771: Reducing EPA has determined that some of the cause-or-contribute-significantly and Regulations and Controlling Regulatory requirements under those rules are endangerment finding as required by the Costs inappropriate. For example, some of statute, which the EPA never did. C. Paperwork Reduction Act (PRA) these requirements affect sources that Accordingly, in this first action, the EPA D. Regulatory Flexibility Act (RFA) are not appropriately identified as part is rescinding the standards applicable to E. Unfunded Mandates Reform Act of the regulated source category. In sources in the transmission and storage (UMRA) F. Executive Order 13132: Federalism addition, some of the requirements segment of the oil and natural gas G. Executive Order 13175: Consultation under the 2016 Rule are unnecessary industry. and Coordination With Indian Tribal insofar as they impose redundant Second, the EPA is separately Governments requirements. Accordingly, the EPA is rescinding the methane requirements of H. Executive Order 13045: Protection of acting to rescind those requirements the NSPS applicable to sources in the Children From Environmental Health while maintaining health and production and processing segments. Risks and Safety Risks environmental protections from The EPA is concluding that those I. Executive Order 13211: Actions appropriately identified emission methane requirements are redundant Concerning Regulations That Significantly Affect Energy Supply, sources within the regulated source with the existing NSPS for VOC and, 6 Distribution, or Use category. thus, establish no additional health J. National Technology Transfer and Specifically, the EPA is finalizing protections. The emission source Advancement Act (NTTAA) what it referred to as the primary control technologies that apply to the K. Executive Order 12898: Federal Actions proposal in the September 24, 2019, sources achieve reductions in both To Address Environmental Justice in proposed action (‘‘2019 Proposal’’). methane and VOC emissions, and the Minority Populations