Proposed Rule2022-13660
Air Plan Approval; Virginia; Negative Declaration Certification for the 2015 Ozone National Ambient Air Quality Standard for the 2016 Oil and Natural Gas Control Techniques Guidelines
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 27, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the Commonwealth of Virginia. This revision provides Virginia's determination for the 2015 Ozone national ambient air quality standards (NAAQS), via a negative declaration, that there are no sources within the Northern Virginia volatile organic compound (VOC) Emissions Control Area subject to EPA's 2016 Oil and Natural Gas control techniques guidelines (2016 Oil and Gas CTG). The negative declaration covers only the 2016 Oil and Gas CTG and asserts that there are no sources subject to this CTG located in the Northern Virginia VOC Emissions Control Area. This action is being taken under the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 87 Issue 122 (Monday, June 27, 2022)</title>
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[Federal Register Volume 87, Number 122 (Monday, June 27, 2022)]
[Proposed Rules]
[Pages 38046-38048]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13660]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2021-0855; FRL-8941-01-R3]
Air Plan Approval; Virginia; Negative Declaration Certification
for the 2015 Ozone National Ambient Air Quality Standard for the 2016
Oil and Natural Gas Control Techniques Guidelines
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
Commonwealth of Virginia. This revision provides Virginia's
determination for the 2015 Ozone national ambient air quality standards
(NAAQS), via a negative declaration, that there are no sources within
the Northern Virginia volatile organic compound (VOC) Emissions Control
Area subject to EPA's 2016 Oil and Natural Gas control techniques
guidelines (2016 Oil and Gas CTG). The negative declaration covers only
the 2016 Oil and Gas CTG and asserts that there are no sources subject
to this CTG located in the Northern Virginia VOC Emissions Control
Area. This action is being taken under the Clean Air Act (CAA).
DATES: Written comments must be received on or before July 27, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2021-0855 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#60070f12040f0e4e0d090b05200510014e070f16"><span class="__cf_email__" data-cfemail="44232b36202b2a6a292d2f21042134256a232b32">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Om P. Devkota, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, Four Penn Center, 1600
John F. Kennedy Boulevard, Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814-2172. Mr. Devkota can also be reached via
electronic mail at <a href="/cdn-cgi/l/email-protection#a5e1c0d3cecad1c48bcac8e5c0d5c48bc2cad3"><span class="__cf_email__" data-cfemail="f4b091829f9b8095da9b99b4918495da939b82">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On August 9, 2021, the Virginia Department
of Environmental Quality (VADEQ) submitted the negative declaration for
the 2016 Oil and Gas CTG for the 2015 ozone NAAQS as a revision to the
Virginia SIP.
I. Background
The CAA regulates emissions of nitrogen oxides (NO<INF>X</INF>) and
VOCs to prevent photochemical reactions that result in ozone formation.
Reasonably available control technology (RACT) is a strategy for
reducing NO<INF>X</INF> and VOC emissions from stationary sources
within areas not meeting the 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.
Section 172(c)(1) of the CAA provides that SIPs 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 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. Section
182(b)(2)(B) requires the same for CTGs issued before November 15,
1990. 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 an OTR must revise their SIP to implement RACT with respect
to all sources of VOC in the OTR covered by a CTG document issued
before or after November 15, 1990, even for areas designated attainment
within the OTR. CAA section 184(a) establishes a single OTR comprised
of 11 eastern states and the Consolidated Metropolitan Statistical Area
(CMSA) that includes the District of Columbia. Portions of Northern
Virginia are in the CMSA and therefore the OTR. The rest of Virginia is
not in the OTR. The Virginia portion of the OTR includes the following
areas: Arlington County, Fairfax County, Loudoun County, Prince William
County, Stafford County, Alexandria City, Fairfax City, Falls Church
City, Manassas City, and Manassas Park City. Collectively, these areas
will be referred to as the ``Northern Virginia VOC Emissions Control
Area'' or the ``Northern Virginia area.'' Finally, Section 182(f)
requires that plan provisions required under subpart 4 of part D of
title I of the CAA, which includes sections 182 through 184, for major
sources of VOC shall also apply to major stationary sources of oxides
of nitrogen in ozone nonattainment areas.
CTGs and alternative control techniques (ACTs) form important
components of the guidance that EPA provides to states for making RACT
determinations.\1\ CTGs are used to presumptively define VOC RACT for
applicable source categories. States subject to RACT requirements are
required to adopt controls that are at least as stringent as those
found in the CTG either by adopting regulations or issuing single-
source orders or permits that outline what the source is required to do
to meet RACT. 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.'' This 2016 Oil and Gas CTG
provided information to state, local, and tribal air agencies to assist
in determining RACT
[[Page 38047]]
for VOC emissions from select oil and natural gas industry emission
sources. 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). 2016 Oil and Gas CTG, p. 8-1.
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\1\ A complete list of EPA-issued CTGs and ACTs with links to
each CTG or ACT can be found at <a href="https://www.epa.gov/ground-level-ozone-pollution/control-techniques-guidelines-and-alternative-control-techniques">https://www.epa.gov/ground-level-ozone-pollution/control-techniques-guidelines-and-alternative-control-techniques</a>.
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On March 6, 2015 (80 FR 12263), 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).\2\ 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 must submit a negative declaration for that CTG. See 80 FR
12263, 12278. On December 6, 2018 (83 FR 62998), EPA issued a final
rule entitled ``Implementation of the 2015 National Ambient Air Quality
Standards for Ozone: Nonattainment Area State Implementation Plan
Requirements'' (2015 Ozone Implementation Rule).\3\ In the 2015 Ozone
Implementation Rule, EPA retained without significant revision the
majority of existing implementing regulations associated with the 2008
ozone NAAQS for the purposes of implementing the 2015 ozone NAAQS. See
83 FR 62998. If no source for a specified CTG exists in a state, the
state must submit, as a SIP revision, a negative declaration
documenting this fact. On August 9, 2021, VADEQ submitted for approval
into the Virginia SIP a negative declaration for the 2016 CTG for the
Oil and Natural Gas Industry for the 2015 ozone standards.
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\2\ See Provisions for Implementation of the 2008 Ozone National
Ambient Air Quality Standards at 40 CFR 51.1100 through 51.1119.
\3\ See Provisions for Implementation of the 2015 Ozone National
Ambient Air Quality Standards at 40 CFR 51.1300 through 51.1319.
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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. CTG p.3-5. A summary of the oil and natural gas emission
sources and recommended RACT for those sources is provided in Table 1
of the CTG document, on pages 3-6 through 3-8.
According to Virginia's August 9, 2021 submittal, VADEQ conducted a
review of potential sources subject to the 2016 Oil and Gas CTG and
found that there are no sources located in the Northern Virginia area
subject to the terms of this CTG for purposes of the 2015 ozone NAAQS.
VADEQ used several methods to determine whether there were any sources
subject to this CTG in the Northern Virginia area. VADEQ consulted the
Department of Mines, Minerals, and Energy (DMME) Division of Gas and
Oil (DGO) database, which showed that there are no active wells in the
Northern Virginia area. No drilling permits have been issued in the
area since 1991. VADEQ also consulted the Comprehensive Environmental
Data System (CEDS), which is the air regulatory registration database
for the jurisdictions comprising the Northern Virginia VOC Emissions
Control Area (i.e., the Northern Virginia area). As explained in the
SIP submission, facilities must register in this database all units
subject to any applicable regulation in the Regulations for the Control
and Abatement of Air Pollution, any facilities with the potential to
emit (PTE) at least 25 tons per year (tpy) of VOC or 40 tpy of
NO<INF>X,</INF> and any facility making a change with a PTE of at least
10 tpy VOC or NO<INF>X</INF>. The CEDS also has registration and
reporting requirements for facilities emitting much lower levels of
VOC. After consulting CEDS, VADEQ found that no natural gas processing
or storage facilities are located in the Northern Virginia area. The
details concerning VADEQ's analysis are on page 2 of Virginia's
submittal.
Notwithstanding VADEQ's finding that there are no VOC sources in
the Northern Virginia area subjected to RACT by the 2016 Oil and Gas
CTG, VADEQ identified facilities in Northern Virginia defined by the
2016 Oil and Gas CTG as part of the oil and natural gas industry.
Specifically, VADEQ identified certain natural gas compressor stations
in the Northern Virginia area, but determined that these are
``downstream'' of the point of custody transfer to the natural gas
transmission and storage segment. That is, these compressor stations
are in neither the production nor processing segment of the industry.
Compressor stations located in the transmission and storage segment of
the oil and gas industry are not subject to any RACT requirements
specified by the 2016 Oil and Gas CTG. See CTG, p. 3-7. However, if
these compressor stations meet the VOC or NO<INF>X</INF> emission
thresholds to be considered major sources of VOC or NO<INF>X</INF> for
a moderate ozone nonattainment area, these sources will be subject to a
major source RACT determination under Section 182(b)(2)(C) of the CAA.
III. Proposed Action
EPA's review of this material indicates that the August 9, 2021
submittal meets CAA requirements and that VADEQ's analysis adequately
demonstrates that there are no affected sources located in the Northern
Virginia area subject to the 2016 Oil and Gas CTG source categories.
Therefore, EPA is proposing to approve Virginia's August 9, 2021
negative declaration SIP submittal as a revision to the Virginia SIP.
EPA is soliciting public comments on Virginia's negative declaration,
including the adequacy of VADEQ'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. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia
In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the
[[Page 38048]]
violations. Virginia's Voluntary Environmental Assessment Privilege
Law, Va. Code Sec. 10.11198, provides a privilege that protects from
disclosure documents and information about the content of those
documents that are the product of a voluntary environmental assessment.
The Privilege Law does not extend to documents or information that: (1)
are generated or developed before the commencement of a voluntary
environmental assessment; (2) are prepared independently of the
assessment process; (3) demonstrate a clear, imminent and substantial
danger to the public health or environment; or (4) are required by law.
On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.11198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts. . . .'' The opinion
concludes that ``[r]egarding Sec. 10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.''
Virginia's Immunity law, Va. Code Sec. 10.11199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to
enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the CAA is likewise unaffected by
this, or any, state audit privilege or immunity law.
V. 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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).
The SIP is not approved to apply on any Indian reservation land as
defined in 18 U.S.C. 1151 or in any other area where EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction. As such, EPA's
proposed approval of Virginia's SIP revision certifying the negative
declaration for the 2016 Oil and Gas CTG does not have tribal
implications and will not impose substantial direct costs on tribal
governments or preempt tribal law as specified by Executive Order 13175
(65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Volatile organic compounds.
Adam Ortiz,
Regional Administrator, Region III.
[FR Doc. 2022-13660 Filed 6-24-22; 8:45 am]
BILLING CODE 6560-50-P
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