[Federal Register Volume 87, Number 235 (Thursday, December 8, 2022)]
[Rules and Regulations]
[Pages 75334-75386]
[FR Doc No: 2022-24677]

Vol. 87

Thursday,

No. 235

December 8, 2022

Part II

Environmental Protection Agency

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40 CFR Part 49

Federal Implementation Plan for Managing Emissions From Oil and Natural
Gas Sources on Indian Country Lands Within the Uintah and Ouray Indian
Reservation in Utah; Final Rule

Federal Register / Vol. 87, No. 235 / Thursday, December 8, 2022 /
Rules and Regulations

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 49

[EPA-R08-OAR-2015-0709; FRL-5872.1-01-R8]
RIN 2008-AA03

Federal Implementation Plan for Managing Emissions From Oil and
Natural Gas Sources on Indian Country Lands Within the Uintah and Ouray
Indian Reservation in Utah

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is promulgating a
Federal Implementation Plan (FIP) under the Clean Air Act (CAA) and the
EPA's implementing regulations that consists of emissions control
requirements for existing, new, and modified oil and natural gas
sources on Indian country lands within the Uintah and Ouray Indian
Reservation (also referred to as the U&O Reservation) to address air
quality in and around the Uinta Basin Ozone Nonattainment Area in
northeast Utah. This U&O FIP establishes volatile organic compound
(VOC) emissions control requirements for oil and natural gas production
and processing on Indian country lands within the U&O Reservation.
These requirements are consistent with those in place in areas within
the Basin where the EPA has approved Utah to implement the CAA, and
will help ensure that new development of oil and natural gas sources in
the Basin will not interfere with attainment of the ozone National
Ambient Air Quality Standard (NAAQS). VOC emissions control
requirements for existing oil and natural gas sources have already been
established in areas within the Basin where the EPA has approved Utah
to implement the CAA, but did not exist for most sources on Indian
country lands within the U&O Reservation. Additionally, this U&O FIP
helps demonstrate that new development on Indian country lands within
the U&O Reservation will not necessarily cause or contribute to an
ozone NAAQS violation.

DATES: This final rule is effective on February 6, 2023.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2015-0709. All documents in the docket are
listed on the www.regulations.gov website. In some instances, we
reference documents from the dockets for other rulemakings. For this
final rule, we have included by reference Docket ID No. EPA-HQ-OAR-
2010-0505, Docket ID No. EPA-R08-OAR-2012-0479, Docket ID No. EPA-HQ-
OAR-2003-0076, and Docket ID No. EPA-HQ-OAR-2014-0606 into Docket ID
No. EPA-R08-OAR-2015-0709. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
for which disclosure is restricted by statute. Certain other material,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Ms. Claudia Smith, U.S. EPA, Region 8,
Air and Radiation Division, Mail Code 8ARD-IO, 1595 Wynkoop Street,
Denver, Colorado 80202-1129, telephone number:<PHONE_NUMBER>, email
address: [email protected].

SUPPLEMENTARY INFORMATION:

Definitions

    Act or CAA: Clean Air Act, unless the context indicates
otherwise.
    AVO: Audio, Visual and Olfactory.
    BTU: British Thermal Unit.
    CBI: Confidential Business Information.
    CEDRI: Compliance Emissions Data Reporting Interface.
    CO: carbon monoxide.
    EPA, we, us or our: The United States Environmental Protection
Agency.
    FBIR: Fort Berthold Indian Reservation.
    FIP: Federal Implementation Plan.
    GOR: gas-to-oil ratio.
    HAP: hazardous air pollutants.
    NAAQS: National Ambient Air Quality Standards.
    NAICS: North American Industry Classification System.
    NESHAP: National Emission Standards for Hazardous Air
Pollutants.
    NOx: nitrogen oxides.
    NO2: nitrogen dioxide.
    NSPS: New Source Performance Standards.
    NSR: New Source Review.
    PM: particulate matter.
    PSD: Prevention of Significant Deterioration.
    PTE: potential to emit.
    RIA: Regulatory Impact Analysis.
    SCADA: Supervisory Control and Data Acquisition.
    SIP: State Implementation Plan.
    SO2: sulfur dioxide.
    TAR: Tribal Authority Rule.
    TAS: treatment in a similar manner as a state.
    TIP: Tribal Implementation Plan.
    tpy: ton(s) per year
    UDEQ: Utah Department of Environmental Quality.
    U&O Reservation or the Reservation: The Uintah & Ouray Indian
Reservation.
    VOC: volatile organic compound(s).
    VRU: vapor recovery unit.

    Organization of this document. The information presented in this
preamble is organized as follows:

I. Executive Summary
    A. Purpose of, and Agency Authority for, the Regulatory Action
    B. Summary of the Major Provisions of This Final Rule
    C. Costs and Benefits
II. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and related
information?
    C. Judicial Review
III. Background
    A. Uintah and Ouray Indian Reservation
    B. Tribal Authority Rule
    C. Federal Indian Country Minor NSR Rule
    D. Air Quality and Attainment Status
    E. Emissions Information
    F. What is a FIP?
    G. Oil and Natural Gas Industry in Uinta Basin
IV. Summary of the Final U&O FIP
    A. Overview
    B. Introduction
    C. Provisions for Delegation of Administration to the Ute Indian
Tribe
    D. General Provisions
    E. Emissions Inventory Requirements
    F. VOC Emissions Control Requirements
    G. Monitoring and Testing Requirements
    H. Recordkeeping Requirements
    I. Notification and Reporting Requirements
V. Significant Changes Since Proposal
    A. Final Rule Effective Date and Compliance Deadline
    B. Triennial Emissions Inventory
    C. Streamlined Construction Authorization
    D. Applicability
    E. Monitoring and Testing
    F. Recordkeeping and Reporting
VI. Summary of Significant Comments and Responses
    A. Major Comments Concerning Effective Date and Compliance
Deadline
    B. Major Comments Concerning Regulatory Authority for Minor
Source Streamlined Construction Authorization
    C. Major Comments Concerning Rule Applicability
    D. Major Comments Concerning Monitoring and Testing Requirements
    E. Major Comments Concerning Recordkeeping and Reporting
    F. Major Comments Concerning Cost-Benefit Analysis
    G. Other Comments of Significant Interest
VII. Impacts of This Final FIP
    A. Air Emissions Impacts
    B. Energy Impacts
    C. Compliance Costs
    D. Economic and Employment Impacts
    E. Benefits
VIII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)

    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act (CRA)

I. Executive Summary

A. Purpose of, and Agency Authority for, the Regulatory Action

    We are finalizing this action using our authority under sections
301(a) and 301(d)(4) of the CAA and 40 CFR 49.11 to promulgate FIP
provisions that are necessary and appropriate to protect air quality on
the Indian country lands within the U&O Reservation and in nearby
communities. The purpose of this U&O FIP is threefold.
    First, and primarily, this U&O FIP will improve air quality on the
U&O Reservation by addressing emissions from oil and natural gas
production and natural gas processing activities on Indian country
lands that contribute to the winter ozone problem in the physiographic
region known as the Uinta Basin,\1\ within which the U&O Reservation is
located, and where ambient ozone levels have exceeded both the 2008 and
the 2015 ozone NAAQS.\2\ In 2018, the EPA designated portions of the
Uinta Basin, including large portions of the Indian country lands
within the U&O Reservation, as a Marginal nonattainment area for the
2015 ozone NAAQS.\3\
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    \1\ For this rulemaking, the EPA defines the geographic scope of
the Uinta Basin to be consistent with the Uinta Basin 2014 Air
Agencies Oil and Gas Emissions Inventory (herein after referred to
as the 2014 Uinta Basin Emissions Inventory), which encompasses
Duchesne and Uintah counties. The 2014 Uinta Basin Emissions
Inventory is available at: https://deq.utah.gov/air-quality/2014-air-agencies-oil-and-gas-emissions-inventory-uinta-basin, accessed
Mar. 11, 2022.
    \2\ The 2015 ozone NAAQS is 70 parts per billion (ppb) (40 CFR
50.19). The 2008 ozone NAAQS is 75 ppb. Historical ozone NAAQS
information is available at: https://www.epa.gov/ozone-pollution/table-historical-ozone-national-ambient-air-quality-standards-naaqs,
accessed Mar. 11, 2022.
    \3\ On April 30, 2018, the EPA designated all of the Uinta Basin
below a contiguous external perimeter of 6,250 ft. in elevation as a
Marginal nonattainment area under the 2015 ozone NAAQS (83 FR
25776). This includes areas of the Basin where the EPA has approved
the UDEQ to implement the CAA and Indian country lands within the
U&O Reservation (where the EPA is promulgating this FIP). For more
information, see https://www.epa.gov/ozone-designations/additional-designations-2015-ozone-standards, accessed Mar. 11, 2022.
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    Air quality ozone monitoring data from the Uinta Basin in the years
2018, 2019 and 2020 indicates that the three-year average of the fourth
maximum ambient air concentration measurements is 76 ppb, which
violates the 2015 ozone NAAQS of 70 ppb. On April 13, 2022, the EPA
proposed to grant a 1-year attainment date extension for the Uinta
Basin Ozone Nonattainment area.\4\ The proposal explains that
preliminary 2021 ozone monitoring data indicate that the area may not
attain the 2015 ozone NAAQS by the proposed extended attainment date of
August 3, 2022, but that the area could meet the air quality criteria
for a second 1-year extension. The Uinta Basin area's preliminary 2019-
2021 design value was 78 ppb and the preliminary 2021 fourth highest
daily maximum 8-hour concentration value was 72 ppb. To qualify for a
second 1-year extension, an area's fourth highest daily maximum 8-hour
value, averaged over both the original attainment year and the first
extension year, must be 70 ppb or less. If the preliminary 2021 ozone
data are certified, then the fourth highest daily maximum 8-hour value,
averaged over 2020 and 2021, would be 69 ppb.\5\
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    \4\ See 87 FR 21842 (Apr. 13, 2022), available at https://www.govinfo.gov/content/pkg/FR-2022-04-13/pdf/2022-07513.pdf,
accessed Apr. 29, 2022.
    \5\ Additional details on the proposed extension of the
attainment date are discussed in Section III.D. of this preamble.
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    The winter-time ozone formation in the Uinta Basin is caused by
emissions of VOC and NOX reacting in the presence of
sunlight and widespread snow cover during temperature inversion
conditions to form ground-level ozone at levels that exceed the ozone
NAAQS and are therefore detrimental to public health. The main sources
in the Basin responsible for VOC and NOX emissions are
existing oil and natural gas facilities. As explained in section III.D.
(Air Quality and Attainment Status), most available information
indicates that winter ozone formation in the Basin is driven by local
emissions and is sensitive to changes in VOC emissions. There is
greater uncertainty as to the sensitivity to changes in NOX
emissions. As explained in section III.E. (Emissions Information),
available information indicates that 97 percent of anthropogenic VOC
emissions in the Basin are from existing oil and natural gas activity,
and that about 89 percent of those emissions are from existing sources
on the Indian country lands within the U&O Reservation and in the
nonattainment area. Before this rulemaking, VOC emissions control
requirements for existing oil and natural gas sources existed in areas
of the Basin where the EPA has approved the UDEQ to implement the CAA
but did not exist in Indian country lands within the U&O Reservation.
As explained in this final rulemaking and in the supporting information
in the record, VOC control requirements are necessary to protect air
quality on Indian country lands within the U&O Reservation.
    The CAA does not require an attainment plan for Marginal ozone
nonattainment areas.\6\ Accordingly, this U&O FIP is not intended to
bring the Uinta Basin back into attainment with the ozone standard.
However, we do anticipate that this U&O FIP will make a meaningful
improvement in air quality through the reduction of VOC, an ozone
precursor, while also allowing continued construction authorization of
new development in the Basin and the positive economic impact that this
development brings to the Tribe.
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    \6\ On March 9, 2018 (83 FR 10376), the EPA published the
Classifications Rule, which established how the statutory
classifications apply for the 2015 ozone NAAQS, including the air
quality thresholds for each classification category. Based on this
rule, each area with a 3-year design value of 71 ppb to 81 ppb,
based on monitoring data from 2014-2016, was to be classified as a
Marginal nonattainment area. The requirements for Marginal ozone
nonattainment areas are specified in CAA Title I, Part D, subpart 2
(see 42 U.S.C. 7511a(a)) and include: (1) Comprehensive, accurate,
current inventory of actual ozone precursor emissions from all
sources; (2) Corrections, if necessary, to existing implementation
plans to meet specific requirements, including for nonattainment
major source permitting; (3) Triennial emissions inventory updates;
and (4) General offset requirements for new and modified major
sources.
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    This final action is driven by the EPA's authority and
responsibility to protect air quality in Indian country under sections
301(a) and 301(d)(4) of the CAA and 40 CFR 49.11. Regarding
preconstruction review of proposed new or modified sources \7\ of air
pollution in nonattainment areas in Indian country, the reviewing
authority must demonstrate that the minor source or modification would
not cause or contribute to a NAAQS violation in the nonattainment area
(see 40 CFR 49.155(a)(7)(ii)) \8\ and that preconstruction review of
new major stationary sources and major

modifications to existing major stationary sources located in an area
designated as nonattainment for any NAAQS would provide a net air
quality benefit in the nonattainment area (see 40 CFR 49.169(b)(4)).
While the CAA Indian country nonattainment permit program for major
sources specifies offset requirements as the method to make such a
demonstration (see 40 CFR 49.169(b)(3)), the CAA Indian country
nonattainment permit program for minor sources is not prescriptive as
to how to make such a demonstration. The requirements of this U&O FIP
will result in VOC emission reductions from existing sources,\9\
thereby improving air quality, and will also allow the EPA to rely on
those reductions to meet the NAAQS protection requirements for
continued construction authorization of new or modified minor sources
in the nonattainment area.
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    \7\ 40 CFR 49.152 defines ``minor modification at a major
source,'' ``minor source,'' ``modification,'' ``synthetic minor
source,'' and ``true minor source,'' all of which are subject to the
permitting requirements of the Federal Minor New Source Review
Program in Indian Country, at 40 CFR 49.151-49.165.
    \8\ 40 CFR 49.155 applies to your permit if you are subject to
this program under 40 CFR 49.153(a) for construction of a new minor
source, synthetic minor source or a modification at an existing
source.
    \9\ Existing sources are sources that commence construction
before the effective date of this FIP, per 40 CFR 49.4169(c).
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    This U&O FIP focuses on VOC emission reductions because
improvements in winter ozone levels in the Basin are most likely to
come from VOC emissions reductions from existing oil and natural gas
sources.\10\ Further, after a careful analysis of initial emissions
data provided by industry and later updated using information obtained
from two studies in the 2017 Uinta Basin Oil and Gas Emissions
Inventory Update (referred to herein as the UBEI2017-Update),\11\ we
determined that most of the existing oil and natural gas sources on the
Indian country lands within the U&O Reservation are largely
uncontrolled for VOC and other emissions. Therefore, in developing this
rule, we concentrated on determining the most effective control
requirements to reduce VOC emissions from oil and natural gas sources
to address the winter ozone exceedances. This is not to say that
reductions in NOX would not be beneficial in winter months.
The EPA may decide to focus on NOX reductions in future
rulemakings if additional action is required to address air quality
impacts from ozone pollution in the Basin.
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    \10\ See Uinta Basin Ozone Studies (field studies conducted in
the Basin from 2011 to 2014), available at https://deq.utah.gov/air-quality/uinta-basin-ozone-studies-ubos, accessed Mar. 11, 2022. The
RIA for this rule contains detailed discussion of the studies and
can be viewed in the docket for this rulemaking (Docket ID No. EPA-
R08-OAR-2015-0709).
    \11\ 2017 Uinta Basin Oil and Natural Gas Emissions Inventory
Update (UBEI2017-Update). The inventory and supporting analysis can
be viewed in the docket for this rule, Microsoft Excel spreadsheet
titled, ``UO FIP cost and emissions analysis.xlsx'' (Docket ID No.
EPA-R08-OAR-2015-0709). The inventory covers sources in Uintah and
Duchesne Counties. The UDEQ submitted an earlier version of the 2017
inventory to the 2017 NEI and plans to submit the updated emissions
at a future date. The UDEQ, the EPA, and the Ute Indian Tribe
updated storage vessel, pneumatic controller, pneumatic pump,
fugitive, gas well liquid unloading, blowdowns and pigging and
oilfield wastewater emissions using updated emissions factors
obtained from the Uinta Basin Composition Study and the acquisition
of about 200 of oilfield wastewater (produced water) samples. The
studies that updated the emissions factors are described in two
White Papers available in the docket, ``UINTA BASIN VOC COMPOSITION
STUDY IMPACTS ON THE 2017 OIL AND GAS EMISSIONS INVENTORY November
2020--Revised March 2021--White Paper'' (``DAQ-2021-004302.pdf''),
and ``PRODUCED WATER DISPOSAL FACILITY EMISSION FACTORS & THEIR
IMPACT ON THE 2017 OIL AND GAS EMISSIONS INVENTORY November 2020--
Revised April 2021--White Paper'' (``DAQ-2020-016022.pdf'').
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    Second, the control requirements being finalized are intended to be
the same as or consistent with the requirements applicable to similar
sources in areas of the Basin where the EPA has approved the UDEQ to
implement the CAA, to promote a more consistent regulatory environment
across the Basin. Where we are regulating existing equipment or
activities that are also covered by EPA standards for the oil and
natural gas source category, but do not meet the applicability criteria
of those standards, we also strove for consistency with those EPA
standards.
    Finally, given the number of oil and natural gas projects in the
Basin that are already approved or are in the federal review and
approval process through evaluations conducted under the National
Environmental Policy Act (NEPA) by other federal agencies,\12\ in the
coming years the EPA could receive a large number of applications for
authorization to construct new and modified synthetic minor oil and
natural gas sources on Indian country lands within the U&O Reservation,
as well as registrations of new and modified true minor oil and natural
gas sources on Indian country lands within the U&O Reservation under
the Federal Implementation Plan for True Minor Sources in Indian
Country in the Oil and Natural Gas Production and Natural Gas
Processing Segments of the Oil and Natural Gas Sector (codified at 40
CFR part 49, subpart C, 40 CFR 49.101-49.105) \13\ (National O&NG FIP).
In addition to providing a streamlined construction authorization
mechanism to new and modified true minor oil and natural gas
sources,\14\ the National O&NG FIP requires compliance with a suite of
eight federal oil and natural gas source category emissions standards
\15\ for new and modified sources, as applicable. In 2019, the EPA
extended the National O&NG FIP's streamlined construction authorization
mechanism for true minor oil and natural gas sources in Indian country
to the portions of the U&O Reservation within the Uinta Basin ozone
nonattainment area.\16\ We are relying on the existing source VOC
emissions reductions that will be achieved under this U&O FIP to ensure
that the limited extension of the National O&NG FIP to the Indian
country portion of the Uinta Basin Ozone Nonattainment Area will not
harm the area's ability to attain the NAAQS. This is described in
greater detail in Sections V.C. and VI.B.
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    \12\ Spreadsheet titled, ``Uinta Basin OG NEPA Evaluations
9.11.19.pdf,'' available in the Docket for this rulemaking (Docket
ID No. EPA-R08-OAR-2015-0709), lists oil and natural gas production
projects in the Uinta Basin that have been subject to evaluation
under NEPA.
    \13\ Final Rule: Federal Implementation Plan for True Minor
Sources in Indian Country in the Oil and Natural Gas Production and
Natural Gas Processing Segments of the Oil and Natural Gas Sector;
Amendments to the Federal Minor New Source Review Program in Indian
Country to Address Requirements for True Minor Sources in the Oil
and Natural Gas Sector, 81 FR 35944 (June 3, 2016); docket No. EPA-
HQ-OAR-2014-0606, available at https://www.regulations.gov, accessed
Mar. 11, 2022.
    \14\ As defined in the Federal Minor New Source Review Program
in Indian Country at 40 CFR 49.152, a true minor source is a source
that emits or has the potential to emit regulated NSR pollutants in
amounts that are less than the major source thresholds in 40 CFR
49.167 (federal preconstruction permit program for major sources in
nonattainment areas in Indian country) or 40 CFR 52.21 (federal
preconstruction permit program for major sources in attainment/
unclassifiable areas), as applicable, but equal to or greater than
the minor NSR thresholds in 40 CFR 49.153 (federal preconstruction
permit program for minor sources in Indian country), without the
need to take an enforceable restriction to reduce its potential to
emit to such levels.
    \15\ See 40 CFR 49.105. The National O&NG FIP specifies that
sources must comply with, as applicable, the following standards:
NESHAP 40 CFR part 63, subpart DDDDD; NESHAP 40 CFR part 63, subpart
ZZZZ; NSPS IIII 40 CFR part 60, subpart IIII; NSPS 40 CFR part 60,
subpart JJJJ; NSPS 40 CFR part 60, subpart Kb; NSPS 40 CFR part 60,
subpart OOOOa; NESHAP 40 CFR part 63, subpart HH; and NSPS 40 CFR
part 60, subpart KKKK.
    \16\ Final Rule: Amendments to Federal Implementation Plan for
Managing Air Emissions from True Minor Sources in Indian Country in
the Oil and Natural Gas Production and Natural Gas Processing
Segments of the Oil and Natural Gas Sector, 84 FR 21240 (May 14,
2019); Docket No. EPA-HQ-OAR-2014-0606, available at https://www.regulations.gov, accessed Mar. 11, 2022.
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    In the preamble to the final National O&NG FIP published on June 3,
2016, the EPA stated that the most appropriate means for addressing air
quality concerns on specific reservations due to impacts from oil and
natural gas activity is through area- or reservation-specific FIPs, not
through the National O&NG FIP. Further, we stated that such FIPs may
need to include requirements for existing, new, and modified sources

beyond those in the National O&NG FIP.\17\ Consistent with that
approach, new and modified true minor oil and natural gas sources on
Indian country lands within the U&O Reservation that would use the
National O&NG FIP for construction authorization may have to comply
with additional requirements for certain equipment or activities not
covered by the eight federal standards.\18\
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    \17\ See 81 FR 35964, 35968.
    \18\ As described in detail later, this action exempts certain
equipment and activities that are subject to the emissions control
requirements of a subset of the eight federal standards in the
National O&NG FIP from having to comply with the emissions control
requirements in this action for the same equipment and activities.
Other types of equipment, such as small and remote glycol
dehydrators and storage vessels with potential emissions <= 6 tpy
VOC, are not regulated by those federal standards but are regulated
in this action.
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    In summary, this U&O FIP is intended to: (1) improve air quality on
Indian country lands within the U&O Reservation; (2) promote a more
consistent regulatory environment across the Basin; and (3) ensure that
emissions reductions will be achieved that will ensure that new
development, under both source-specific minor source permitting and the
National O&NG FIP's streamlined construction authorization mechanism
for new or modified true minor oil and natural gas sources, will not
interfere with attainment of the NAAQS.

B. Summary of the Major Provisions of This Final Rule

    The following is a summary of each key requirement in the final
action. As explained earlier, the final FIP was developed to maximize
air quality improvement, in a manner that promotes a more consistent
regulatory environment across all areas in the Uinta Basin, such that
covered sources within Indian country on the U&O Reservation will be
regulated in a manner similar to how they would be regulated if located
in areas in the Basin where EPA has approved the UDEQ to implement the
CAA. We attempted to achieve this goal by providing as much consistency
as possible in the FIP with current federal standards for the oil and
natural gas industry, including NSPS 40 CFR part 60, subparts OOOO and
OOOOa (NSPS OOOO and OOOOa); NESHAP 40 CFR part 63, subpart HH (NESHAP
HH); and the Control Techniques Guidelines for reducing smog-forming
VOC emissions from existing oil and natural gas equipment and processes
in certain states and areas with smog problems (Oil and Gas CTG).\19\
The provisions in the final U&O FIP are informed by EPA's evaluation of
these several applicable federal authorities as well as an evaluation
of current UDEQ requirements that apply in the Uinta Basin outside of
the Indian country lands within the U&O Reservation (areas of the Basin
where the EPA has approved the UDEQ to implement the CAA). Where the
EPA identified differences in these authorities, we considered the
facts specific to the U&O Reservation in conjunction with the goals of
the FIP to decide what to include in the final FIP. Our analysis was
somewhat complicated by a recent joint resolution under the
Congressional Review Act (CRA),\20\ which disapproved policy revisions
made in 2020 to NSPS OOOO and OOOOa \21\ and thereby reinstated
standards from the 2012 NSPS OOOO and 2016 NSPS OOOOa.\22\ The
resolution did not, however, disapprove technical revisions made in a
separate rulemaking in 2020 to NSPS OOOOa,\23\ which remain in place
today. These two events resulted in regulatory inconsistencies between
the NSPS OOOOa methane and VOC standards.\24\ Further, the Oil and Gas
CTG in some respects includes recommendations that do not match exactly
with the requirements in the 2016 NSPS OOOOa methane standards.\25\ In
addition, the EPA recently proposed a rule to regulate methane and VOC
emissions from existing, new, and modified sources in the oil and
natural gas industry that would revise existing standards under NSPS
OOOOa, establish new VOC and methane standards for emissions sources
not previously covered by NSPS OOOOa, and establish methane emissions
guidelines for existing sources (Oil and Natural Gas Sector Climate
Review Proposed Rule).\26\ As part of that proposed rule, the EPA
addressed the inconsistencies between the methane and VOC standards in
NSPS OOOOa by proposing to repeal certain NSPS OOOOa amendments that
were made in the 2020 Technical Rule.\27\ Despite these complications,
EPA has focused its analysis for this U&O FIP on the currently
applicable state and federal requirements and guidance.
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    \19\ Available at https://www.epa.gov/controlling-air-pollution-oil-and-natural-gas-industry/2016-control-techniques-guidelines-oil-and, accessed Mar. 11, 2022. CTGs are not regulations and do not
impose legal requirements directly on pollution sources; rather,
they provide recommendations for state and local air agencies to
consider as they determine what emissions limits to apply to covered
sources in their jurisdictions in order to meet RACT requirements.
    \20\ 5 U.S.C. 801-808.
    \21\ 85 FR 57018 (Sept. 14, 2020) (``2020 Policy Rule''; as of
June 30, 2021, no longer in effect due to CRA disapproval).
    \22\ Public Law 17-23 (June 30, 2021) (resolving that Congress
``disapproves the [2020 Policy Rule] . . . and such rule shall have
no force or effect'').
    \23\ 85 FR 57398 (Sept. 15, 2020) (``2020 Technical Rule'').
    \24\ For requirements that currently apply, see Congressional
Review Act Resolution to Disapprove EPA's 2020 Oil and Gas Policy
Rule. Questions and Answers. U.S. Environmental Protections Agency.
Office of Air Quality Planning and Standards. June 30, 2021,
available at https://www.epa.gov/system/files/documents/2021-07/qa_cra_for_2020_oil_and_gas_policy_rule.6.30.2021.pdf, accessed Mar.
11, 2022.
    \25\ For example, while the CTG recommends exempting low-
production well sites from monitoring fugitive VOC emissions, the
current OOOOa methane standards do not have such exemption.
    \26\ Proposed Rule. Standards of Performance for New,
Reconstructed, and Modified Sources and Emissions Guidelines for
Existing Sources: Oil and Natural Gas Sector Climate Review. See 86
FR 63110, November 15, 2021, available at https://www.regulations.gov (Document ID No. EPA-HQ-OAR-2021-0317-0001),
accessed Mar. 14, 2022. On the same day that this action is being
signed, the Administrator has also signed a supplemental notice
which proposes to update and expand on the 2021 Climate Review
proposal. See Supplemental notice of proposed rulemaking. Standards
of Performance for New, Reconstructed, and Modified Sources and
Emissions Guidelines for Existing Sources: Oil and Natural Gas
Sector Climate Review. Signed by the EPA Administrator on November
8, 2022, available at https://www.epa.gov/controlling-air-pollution-oil-and-natural-gas-industry/epa-issues-supplemental-proposal-reduce. Today's action discusses certain aspects of the 2021 Climate
Review proposal, but does not attempt to describe the 2022
supplemental proposal, in light of the concurrent signature of the
latter action.
    \27\ For example, the EPA is proposing to repeal the 2020
Technical Rule amendments that exempted low-production well sites
from monitoring fugitive VOC emissions, and those that changed
fugitive VOC emissions monitoring requirements at gathering and
boosting compressor stations from quarterly to semi-annually. The
proposed rule would also establish an LDAR applicability threshold
for existing, new, and modified oil and natural gas well sites of 3
tpy site-wide methane fugitive emissions (and co-proposed an
alternative threshold of 8 tpy site-wide methane fugitive
emissions).
---------------------------------------------------------------------------

    That said, we acknowledge that the Agency's thinking on these
issues has evolved since we issued NSPS OOOOa and the CTG in 2016.
Among other developments, new information and analysis have been
presented in the Oil and Natural Gas Sector Climate Review Proposed
Rule that will likely be relevant for reducing emissions on the U&O
Reservation. When the EPA proposed this FIP, however, the Agency had
not yet proposed that other rule, and the Climate Review Rule is still
being developed. In the interest of moving quickly to achieve emissions
reductions, the EPA finds that it is necessary and appropriate to
finalize this FIP now. Our assessment of new, potentially relevant
information will continue in the context of the Oil and Natural Gas
Sector Climate Review Rule. If we finalize that proposed national rule
in the future, its

requirements will apply directly to covered sources. As to sources not
covered by a final national rule, the EPA may find it necessary or
appropriate to revisit this final action in the future and revise this
FIP based on information evaluated in issuance of a final Climate
Review Rule, providing public notice of the opportunity for review and
comment on any such revisions as part of the required rulemaking
process. Also, if the Uinta Basin Ozone Nonattainment Area's Marginal
classification is reclassified (``bumped up'') to a Moderate
nonattainment classification, or if air quality concerns otherwise
warrant, we may conclude that further rulemaking is necessary or
appropriate.
    General applicability: The final rule applies to owners or
operators of oil and natural gas sources that produce oil and natural
gas or process natural gas, that are located on Indian country lands
within the U&O Reservation, and that meet the applicability criteria
specified for each set of requirements. The final rule is effective 60
days after the date of publication in the Federal Register. For new and
modified sources that construct on or after the effective date of this
final rule, compliance is required upon startup. Compliance for
existing sources that commence construction before the effective date
of the final rule is required no later than 12 months after the
effective date of the final rule. The final rule allows owners or
operators to request approval, on a case-specific basis and prior to
the compliance deadline, of an extension of the compliance deadline for
existing sources.
    Delegation of authority of administration to the Tribe: The final
rule contains provisions for the Ute Indian Tribe to request delegation
to assist the EPA with administration of the federal rule and the
process by which the EPA may delegate such authority.
    Emissions inventory: The final rule requires that each owner and
operator of affected oil and natural gas sources with the potential to
emit one or more NSR-regulated pollutants at levels greater than or
equal to 1 tpy must submit an inventory of actual emissions for each
emissions unit to the EPA every three years that covers emissions from
the previous calendar year (OMB Control No. 2008--New (2539.02)). The
emissions inventory serves the purpose of the triennial collection of
comprehensive Uinta Basin oil and natural gas emissions by the EPA, the
Ute Indian Tribe, and UDEQ, and corresponds with the years that
emissions inventory information is collected for the EPA National
Emissions Inventory (NEI).\28\
---------------------------------------------------------------------------

    \28\ Information available at https://www.epa.gov/air-emissions-inventories/national-emissions-inventory-nei, accessed Mar. 11,
2022.
---------------------------------------------------------------------------

    Storage vessels, glycol dehydrators and pneumatic pumps: The final
rule contains federally enforceable requirements for owners and
operators of each existing, new, and modified oil and natural gas
source that has the potential to emit 4 tons per year of VOC or more
from the collection of all storage vessels, glycol dehydrators and
pneumatic pumps. The rule requires that each affected oil and natural
gas source collect and route all VOC emissions from each storage
vessels, glycol dehydrator and pneumatic pump through a closed-vent
system to an operating system designed to recover 100 percent of the
emissions and recycle them for use in a process unit or incorporate
them into a product, or route them to a flare or other control device
designed and operated to achieve at least 95.0 percent continuous VOC
emissions control efficiency.
    Covers and closed-vent systems: The final rule requires owners and
operators of affected existing, new, and modified oil and natural gas
sources that are required to control VOC emissions from the collection
of all storage vessels, glycol dehydrators and pneumatic pumps, to: use
covers on any affected storage vessels that ensure flashing, working,
standing, and breathing losses are efficiently captured; and to capture
and route emissions from any affected storage vessel, glycol dehydrator
and pneumatic pump through closed-vent systems with equipment that
ensures all VOC emissions make it to the respective process or VOC
emissions control device. The rule contains construction and
operational requirements that are intended to provide legal and
practicable enforceability to ensure that all captured emissions are
routed to their intended destination with no detectable emissions.
    Control devices: The final rule contains legally and practicably
enforceable construction, work practice, and operational requirements
for each required flare or enclosed combustor. Each flare must be
designed and operated according to the requirements of 40 CFR 60.18(b).
Each enclosed combustor must be designed and operated to reduce the
mass content of the VOC in the natural gas routed to it by at least
95.0 percent on a continuous basis, and must be tested by the
manufacturer, owner, or operator in accordance with the requirements of
40 CFR part 60 subparts OOOO or OOOOa. Flares and enclosed combustors
must be operated within specific parameters to ensure the effective
control of VOC emissions (including requirements to be equipped and
operated with a liquid knockout system, a continuously burning pilot
flame or electronically controlled automatic ignition device, and a
monitoring system for continuous monitoring and recording of
operational parameters; maintained in a leak-free condition; and
operated with no visible smoke emissions).
    Fugitive emissions: The final rule requires implementation of a
semi-annual leak detection and repair (LDAR) program for the collection
of fugitive emissions components at each oil and natural gas source
with facility-wide potential emissions from the collection of all
storage vessels, glycol dehydrators and pneumatic pumps equal to or
greater than 4 tpy VOC, plus any additional well sites with production
of more than 15 barrels of oil equivalent (boe) per day.\29\ The final
rule also contains provisions allowing for the use of alternative
methods of leak detection, provided the method is approved by the EPA.
---------------------------------------------------------------------------

    \29\ As explained earlier, this FIP has been developed to
maximize air quality improvements in a manner that promotes a more
consistent regulatory environment across jurisdictional boundaries.
We evaluated several authorities to further these goals with respect
to fugitive emissions monitoring. The Oil and Gas CTG does not
recommend that well sites with production of less than 15 boe per
day (``low-production'' well sites) monitor fugitive emissions.
Using a different measure, the UDEQ applies LDAR requirements only
at well sites where the total actual uncontrolled VOC emissions from
the collection of storage vessels and glycol dehydrators is greater
than or equal to 4 tpy VOC (unless the well site is subject to the
LDAR requirements of NSPS OOOOa, in which case the operator would
comply with NSPS OOOOa).And as explained above, the NSPS OOOOa
requirements may be changed by the Oil and Natural Gas Sector
Climate Review Proposed Rule, which proposes to repeal some of the
amendments that were made to NSPS OOOOa as part of the 2020
Technical Rule. Among the provisions proposed for repeal are those
that exempted low-production well sites from fugitive emissions
monitoring and those that changed fugitive VOC monitoring
requirements at gathering and boosting compressor stations from
quarterly to semi-annually. Those fugitive VOC standards are still
in place today, and are in contrast to the 2016 fugitive methane
standards that were reinstated by the CRA disapproval of the 2020
Policy Rule. The proposed rule also would require quarterly
monitoring at oil and natural gas well sites of 3 tpy site-wide
methane fugitive emissions (and co-proposes semi-annual monitoring
for those with site-wide methane fugitive emissions between 3 and 8
tpy, with quarterly monitoring for those with site-wide methane
fugitive emissions above 8 tpy).
---------------------------------------------------------------------------

    VOC emissions control requirements for all sources: The final rule
contains VOC control requirements for all existing, new, and modified
oil and natural gas sources, regardless of source-wide or emission unit
specific

applicability criteria. These requirements include: (1) tank trucks
transporting crude oil, condensate, intermediate hydrocarbon liquids or
produced water must be loaded using bottom filling or submerged fill
pipes; (2) all existing pneumatic controllers must meet the pneumatic
controller standards in NSPS OOOO; and (3) all existing enclosed
combustors and flares present and operating at sources on a voluntary
basis must be equipped with an electronically controlled automatic
ignition device.
    Monitoring, recordkeeping, notification and reporting: This U&O FIP
requires owners or operators to conduct source monitoring sufficient to
demonstrate compliance with the FIP's VOC emission reduction and
control requirements, including: (1) monthly inspections of each cover
and closed-vent system to ensure proper condition and functioning and
to identify defects that can result in air emissions, correcting or
repairing any defects identified within 30 days of identification; and
(2) monthly inspections of each VOC emissions control device to ensure
proper functioning whenever an operator is on site, at least once per
calendar month, and responding to any indication of malfunction (e.g.,
pilot flame failure, visible emissions) as soon as practicably and
safely possible after discovery.

C. Costs and Benefits

    The EPA has projected the compliance costs, emissions reductions,
and benefits that may result from the U&O FIP. The discussion of
projected costs and benefits is presented in detail in the Regulatory
Impacts Analysis (RIA) accompanying this final rule.\30\ The RIA
focuses on the elements of the final rule--the provisions related to
VOC emissions control requirements--that are likely to result in
quantifiable costs, emissions changes, and benefits compared to a
baseline that includes operator-reported emissions from oil and natural
gas sources in the Uinta Basin for calendar year 2017, specifically on
the Indian country lands within the U&O Reservation. We estimated the
effects of the final rule for all sources that are conservatively
projected \31\ to be subject to compliance activities under this action
for the analysis years 2023 through 2032. The RIA also presents the
present value (PV) and equivalent annualized value (EAV) of costs,
benefits and net benefits of this action in 2016 dollars.
---------------------------------------------------------------------------

    \30\ Available in the docket for this rulemaking (Docket ID No.
EPA-R08-OAR-2015-0709).
    \31\ As explained throughout this preamble, and in the RIA, this
quantitative projection does not account for those sources that may
be exempt from certain requirements of the rule because they are
subject to equivalent requirements in NSPS OOOO or OOOOa, or in
NESHAP HH. Therefore, it is likely that costs for those sources will
be less for certain activities than for sources subject to
requirements of the FIP.
---------------------------------------------------------------------------

    A summary of the key results of this final rule is presented in
Table 1. Table 1 presents the PV and EAV, estimated using discount
rates of 7 and 3 percent, of the benefits, costs and net benefits, as
well as the change in emissions under the final rule. The monetized net
benefits are the benefits (emissions reductions) minus the costs
(annualized compliance costs). These results present an incomplete
overview of the effects of the final FIP, because categories of
benefits--including benefits from reducing other types of air
pollutants--were not monetized and are therefore not reflected in Table
1.

       Table 1--Benefits, Costs, Net Benefits and Emissions Reductions of the Final Rule 2023 Through 2032
                               [Dollar estimates in millions of 2016 dollars] \a\
----------------------------------------------------------------------------------------------------------------
                                                                    Equivalent                      Equivalent
                                                   Present value   annual value    Present value   annual value
----------------------------------------------------------------------------------------------------------------
                                             3 Percent Discount Rate
----------------------------------------------------------------------------------------------------------------
Benefits \b\....................................          $1,000            $120          $1,000            $120
----------------------------------------------------------------------------------------------------------------
                                                      3 Percent Discount Rate
                                                      7 Percent Discount Rate
                                                 ---------------------------------------------------------------
Net Compliance Costs............................             610              72             560              81
    Compliance Costs............................             630              74             580              83
    Product Recovery............................              20               2              20               2
Net Benefits....................................             390              48             440              39
----------------------------------------------------------------------------------------------------------------
Non-Monetized Benefits \c\......................  Ozone health and climate benefits from reducing 23,000 tons of
                                                  VOC/year and ozone health benefits from 59,000 tons of methane/
                                                  year from 2023 to 2032.
                                                 ---------------------------------------------------------------
                                                   Ozone health and PM2.5 benefits from reducing 23,000 tons of
                                                                    VOC/year from 2023 to 2032.
                                                 ---------------------------------------------------------------
                                                  HAP benefits from reducing 3,100 tons of HAP/year from 2023 to
                                                  2032 (including 570 tons of benzene, 970 tons of toluene, 130
                                                  tons of ethylbenzene, 620 tons of xylenes and 770 tons of n-
                                                  hexane per year).
                                                 ---------------------------------------------------------------
                                                  Visibility benefits.
                                                 ---------------------------------------------------------------
                                                  Reduced vegetation effects from exposure to ozone.
----------------------------------------------------------------------------------------------------------------
\a\ Values rounded to two significant figures. Totals may not appear to add correctly due to rounding.

\b\ Monetized benefits of the final rule include climate benefits associated with reductions in methane
  emissions and are calculated using four different estimates of the social cost of methane (SC-CH4) (model
  average at 2.5 percent, 3 percent, and 5 percent discount rates: 95th percentile at 3 percent discount rate).
  For the presentational purposes of this table, we show the benefits associated with the average SC-CH4 at a 3
  percent discount rate, but the Agency does not have a single central SC-CH4 point estimate. We emphasize the
  importance and value of considering the benefits calculated using all four SC-CH4 estimates; the present value
  (and equivalent annual value) of the additional benefit estimates (millions of 2016$) ranges from $480 to
  $2,700 ($62 to $310) over 2023 to 2032 for the final rule. Please see Table 6-6 of the RIA for the full range
  of SC-CH4 estimates. As discussed in Section 6.5 of the RIA, a consideration of climate benefits calculated
  using discount rates below 3 percent, including 2 percent and lower, are also warranted when discounting
  intergenerational impacts. All net benefits are calculated using climate benefits discounted at 3 percent.
\c\ There are important unquantified health and welfare benefits associated with reductions in other air
  pollutants, which are discussed in Chapter 6 of the RIA.

    This final rule is expected to result in net benefits (emissions
reductions) for human health and the environment in the Uinta Basin.
The estimated benefits include the monetized climate effects of the
projected reduction in methane emissions under the final rule resulting
from the targeted reduction of VOC emissions. The PV of these climate-
related benefits (emissions reductions), discounted at a 3-percent
rate, is estimated to be about $1 billion, with an EAV of about $120
million (Table 1).
    In addition to directly controlling VOC emissions, which are
expected to lower ozone concentrations in the Uinta Basin, this action
is expected to lower HAP emissions and the formation of secondary
particulate matter with a diameter of 2.5 micrometers or less
(PM2.5) even though those pollutants are not directly
regulated under this action. While the EPA expects that the VOC
emissions reductions will improve air quality and have beneficial
health and welfare effects associated with reduced exposure to ozone,
PM2.5, and HAP, we did not quantify those effects. We note
that the absence of those monetized benefits from the analysis of
benefits does not imply that these benefits do not exist, but also has
no bearing on the legal or technical basis for the final action itself.
We qualitatively discuss these unquantified benefits in Chapter 6 of
the RIA. If the EPA were to quantify the ozone and PM2.5
impacts, the Agency would estimate the number and value of avoided
premature deaths and illnesses using an approach detailed in the
Particulate Matter NAAQS and Ozone NAAQS RIA.\32\ Such an analysis
would account for the distribution of air pollution-attributable risks
among populations most vulnerable and susceptible to PM2.5
and ozone exposure. As explained in the RIA for this final rule, due to
methodology and data limitations for areas experiencing elevated winter
ozone, we were unable to estimate the benefits associated with ozone,
PM2.5, and HAP emission changes that would occur as a result
of this rule, but the EPA continues to develop better methods for
analyzing the benefits of such reductions.
---------------------------------------------------------------------------

    \32\ U.S. EPA. Integrated Science Assessment (ISA) for
Particulate Matter (Final Report). EPA Office of Research and
Development (ORD), National Center for Environmental Assessment,
EPA/600/R-19/188 (Dec. 2019); available at: https://www.epa.gov/naaqs/particulate-matter-pm-standards-integrated-science-assessments-current-review, accessed Mar. 11, 2022, and U.S. EPA.
Integrated Science Assessment for Ozone and Related Photochemical
Oxidants. EPA ORD, EPA/600/R-20/012 (Apr. 2020); available at:
https://www.epa.gov/isa/integrated-science-assessment-isa-ozone-and-related-photochemical-oxidants. Accessed Mar. 11, 2022.
---------------------------------------------------------------------------

    The estimated capital and annualized compliance costs include the
monetized costs for affected owners or operators to comply with the
final rule. The net PV of these compliance costs (accounting for
product recovery), discounted at a 7-percent rate, is estimated to be
about $560 million, with an EAV of about $81 million (Table 1). Under a
3-percent discount rate, the PV of the compliance costs is about $610
million, with an EAV of about $72 million (Table 1).
    The PV of the net benefits of this rule, discounted at a 7-percent
rate, is estimated to be about $440 million, with an EAV of about $39
million (Table 1). Under a 3-percent discount rate, the PV of net
benefits is about $390 million, with an EAV of about $48 million (Table
1).

II. General Information

A. Does this action apply to me?

    Entities potentially affected by this rule include the Ute Indian
Tribe,\33\ as well as existing, new, and modified sources \34\ that are
in the oil and natural gas production and natural gas processing
segments of the oil and natural gas industry (see Table 2.) and are on
Indian country \35\ lands within the U&O Reservation. All of the Ute
Indian Tribe Indian country lands of which the EPA is aware are located
within the exterior boundaries of the Reservation, and this U&O FIP
applies to all such lands. To the extent that there are Ute Indian
Tribe Dependent Indian Communities under 18 U.S.C. 1151(b) or allotted
lands under 18 U.S.C. 1151(c) that are located outside the exterior
boundaries of the Reservation, those lands are not covered by this U&O
FIP.\36\ In addition, this rule does not apply to any sources on non-
Indian-country lands, including any non-Indian country lands within the
exterior boundaries of the Reservation.\37\
---------------------------------------------------------------------------

    \33\ The Ute Indian Tribe is a federally recognized tribe
organized under the Indian Reorganization Act of 1934, with a
Constitution and By-Laws adopted by the Tribe on December 19, 1936
and approved by the Secretary of the Interior on January 19, 1937.
See Indian Entities Recognized and Eligible to Receive Services from
the United States Bureau of Indian Affairs, See 82 FR 4915 (Jan. 17,
2017); 48 Stat. 984, 25 U.S.C.5123 (IRA); Constitution and By-Laws
of the Ute Indian Tribe of the Uintah and Ouray Reservation.
    \34\ As specified at 40 CFR 49.4169(c).
    \35\ Indian country is defined at 18 U.S.C. 1151 as: (a) all
land within the limits of any Indian reservation under the
jurisdiction of the United States Government, notwithstanding the
issuance of any patent, and, including rights-of-way running through
the reservation, (b) all dependent Indian communities within the
borders of the United States whether within the original or
subsequently acquired territory thereof, and whether within or
without the limits of a state, and (c) all Indian allotments, the
Indian titles to which have not been extinguished, including rights-
of-way running through the same.
    \36\ Under the CAA, lands held in trust for the use of an Indian
tribe are reservation lands within the definition at 18
U.S.C.1151(a), regardless of whether the land is formally designated
as a reservation. See Indian Tribes: Air Quality Planning and
Management, See 63 FR 7254, 7258 (Feb. 12, 1998) (``Tribal Authority
Rule''); Arizona Pub. Serv. Co. v. EPA, 211 F.3d 1280, 1285-86 (D.C.
Cir. 2000). The EPA's references in this U&O FIP to Indian country
lands within the exterior boundaries of the U&O Reservation include
any such Tribal trust lands that may be acquired by the Ute Indian
Tribe.
     In 2014, the U.S. Court of Appeals for the D.C. Circuit
addressed the EPA's authority to promulgate a FIP establishing
certain CAA permitting programs in Indian country. Oklahoma Dept. of
Environmental Quality v. EPA, 740 F. 3d 185 (D.C. Cir. 2014). In
that case, the court recognized the EPA's authority to promulgate a
FIP to directly administer CAA programs on Indian reservations but
invalidated the FIP at issue as applied to non-reservation areas of
Indian country in the absence of a demonstration of an Indian
tribe's jurisdiction over such non-reservation area. Because the
final rule would apply only on Indian country lands that are within
the exterior boundaries of the U&O Reservation, i.e., on Reservation
lands, it is unaffected by the Oklahoma court decision.
    \37\ As a result of a series of federal court decisions, there
are some non-Indian country lands within the exterior boundaries of
the Uintah and Ouray Indian Reservation. See footnote 40.

                               Table 2--Source Categories Affected by This Action
----------------------------------------------------------------------------------------------------------------
                                                               Examples of regulated entities/description of
            Industry category                NAICS code                      industry category
----------------------------------------------------------------------------------------------------------------
Oil and Gas Production/Operations........           21111  Exploration for crude petroleum and natural gas;
                                                            drilling, completing, and equipping wells; operation
                                                            of separators, emulsion breakers, desilting
                                                            equipment, and field gathering lines for crude
                                                            petroleum and natural gas; and all other activities
                                                            in the preparation of oil and gas up to the point of
                                                            shipment from the producing property.
                                                           Production of crude petroleum, the mining and
                                                            extraction of oil from oil shale and oil sands, the
                                                            production of natural gas, sulfur recovery from
                                                            natural gas, and the recovery of hydrocarbon liquids
                                                            from oil and gas field gases.
Crude Petroleum and Natural Gas                    211111  Exploration, development and/or the production of
 Extraction.                                                petroleum or natural gas from wells in which the
                                                            hydrocarbons will initially flow or can be produced
                                                            using normal pumping techniques or production of
                                                            crude petroleum from surface shales or tar sands or
                                                            from reservoirs in which the hydrocarbons are
                                                            semisolids
Natural Gas Liquid Extraction............          211112  Recovery of liquid hydrocarbons from oil and gas
                                                            field gases; and sulfur recovery from natural gas.
Drilling Oil and Gas Wells...............          213111  Drilling oil and gas wells for others on a contract
                                                            or fee basis, including spudding in, drilling in,
                                                            redrilling, and directional drilling.
Support Activities for Oil and Gas                 213112  Performing support activities on a contract or fee
 Operations.                                                basis for oil and gas operations (except site
                                                            preparation and related construction activities)
                                                            such as exploration (except geophysical surveying
                                                            and mapping); excavating slush pits and cellars,
                                                            well surveying; running, cutting, and pulling
                                                            casings, tubes, and rods; cementing wells, shooting
                                                            wells; perforating well casings; acidizing and
                                                            chemically treating wells; and cleaning out,
                                                            bailing, and swabbing wells.
----------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that the EPA is now
aware could potentially be regulated by this action. Other types of
entities not listed in the table could also be regulated. To determine
whether your entity is regulated by this action, you should carefully
examine the applicability criteria found in 40 CFR 49.4169 through
49.4184. If you have any questions regarding the applicability of this
action to a particular entity, contact the appropriate person listed in
the FOR FURTHER INFORMATION CONTACT section.

B. Where can I get a copy of this document and other related
information?

    In addition to being available in the docket, an electronic copy of
this final action will also be posted at: https://www.epa.gov/air-quality-implementation-plans/approved-air-quality-implementation-plans-region-8 (Approved Air Quality Implementation Plans in Region 8 page).

C. Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 6, 2023. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed and shall not postpone the effectiveness of such rule or action.
Under section 307(b)(2) of the Act, the requirements of this final
action with respect to which review could have been obtained under
section 307(b)(1) of the Act may not be judicially reviewed later in
civil or criminal proceedings brought by us to enforce these
requirements.

III. Background

A. Uintah and Ouray Indian Reservation

    The Uintah and Ouray Indian Reservation is composed of lands that
were part of the original Uintah Valley and Uncompahgre Reservations,
which were established by executive order in 1861 and 1882,
respectively.\38\ In 1948 Congress extended the exterior boundary of
the Reservation with the Hill Creek Extension.\39\ The U&O
Reservation's boundaries have been addressed and explained in a series
of federal court decisions. Consistent with those decisions, the EPA
considers all lands within the U&O Reservation's boundaries to be
``Indian country'' as defined in 18 U.S.C. 1151, subject to federal
court decisions holding that specified Congressional acts removed
certain lands from Indian country status.\40\
---------------------------------------------------------------------------

    \38\ See Exec. Order of Oct. 3, 1861, reprinted in 1 Charles J.
Kappler, Indian Affairs: Laws and Treaties 900 (1904); confirmed by
Congress in the Act of May 5, 1864, ch. 77, 13 Stat. 63; Exec. Order
of Jan. 5, 1882, reprinted in Indian Affairs: Laws and Treaties at
901; U.S. Office of Indian Affairs, Dept. of the Interior, Annual
Report of the Commissioner of Indian Affairs, at 226 (1886).
    \39\ 62 Stat. 72 (1948).
    \40\ See Ute Indian Tribe v. Utah, 521 F. Supp. 1072 (D. Utah
1981); Ute Indian Tribe v. Utah, 716 F.2d 1298 (10th Cir. 1983); Ute
Indian Tribe v. Utah, 773 F.2d 1087 (10th Cir. 1985) (en banc),
cert. denied, 479 U.S. 994 (1986); Hagen v. Utah, 510 U.S. 399
(1994); Ute Indian Tribe v. Utah, 935 F. Supp. 1473 (D. Utah 1996);
Ute Indian Tribe v. Utah, 114 F.3d 1513 (10th Cir. 1997), cert.
denied, 522 U.S. 1107 (1998); Ute Indian Tribe v. Utah, 790 F.3d
1000 (10th Cir. 2015), cert. denied, 136 S. Ct. 1451 (2016); and Ute
Indian Tribe v. Myton, 835 F.3d 1255 (10th Cir. 2016), cert.
dismissed, 137 S. Ct. 2328 (2017); Hackford v. Utah, 845 F.3d 1325,
1327 (10th Cir.), cert. denied, 138 S. Ct. 206 (2017).
---------------------------------------------------------------------------

B. Tribal Authority Rule

    Section 301(d) of the CAA authorizes the EPA to treat Indian tribes
in the same manner as states for purposes of implementing the CAA over
their entire reservations and over any other areas within their
jurisdiction, and directs the EPA to promulgate regulations specifying
those provisions of the CAA for which such treatment is
appropriate.\41\ It also authorizes the EPA, when the EPA determines
that the treatment of Indian tribes as identical to states is
inappropriate or administratively infeasible, to provide by regulation
other means by which the EPA will directly administer the CAA.\42\
Acting principally under that authority, on February 12, 1998, the EPA
promulgated the Tribal Authority Rule (TAR).\43\ In the TAR, we
determined that it was appropriate to treat eligible tribes in the same
manner as states for

all CAA statutory and regulatory purposes, except a list of specified
CAA provisions and implementing regulations thereunder.\44\ That list
of excluded provisions includes specific plan submittal and
implementation deadlines for NAAQS-related requirements, among them the
CAA section 110(a)(2)(C) requirement to submit a program (including a
permit program as required in parts C and D of the CAA) to regulate the
modification and construction of any stationary source as necessary to
assure that the NAAQS are achieved. Other provisions for which we
determined that we would not treat tribes in the same manner as states
include CAA section 110(a)(1) (SIP submittal) and CAA section 110(c)(1)
(directing the EPA to promulgate a FIP ``within 2 years'' after we find
that a state has failed to submit a required plan or has submitted an
incomplete plan, or within 2 years after we disapprove all or a portion
of a plan).
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    \41\ 42 U.S.C. 7601(d)(1) and (2); See 63 FR 7254-57 (Feb. 12,
1998) (explaining that CAA section 301(d) includes a delegation of
authority from Congress to eligible Indian tribes to implement CAA
programs over all air resources within the exterior boundaries of
their Reservations).
    \42\ 42 U.S.C. 7601(d)(4).
    \43\ ``Indian Tribes: Air Quality Planning and Management.'' see
63 FR 7254 (Feb. 12, 1998); 40 CFR 49.1-49.11.
    \44\ 40 CFR 49.3-.4. To be eligible for treatment in a similar
manner as a state (TAS) under the Tribal Authority Rule, a tribe
must meet four requirements: (1) be a federally recognized tribe;
(2) have a governing body carrying out substantial governmental
duties and functions; (3) propose to carry out functions pertaining
to the management and protection of air resources of the tribe's
reservation or other areas within the tribe's jurisdiction; and (4)
be reasonably expected to be capable of carrying out the functions.
40 CFR 49.6. A tribe interested in administering a particular CAA
program or function may apply to the appropriate regional
administrator for a determination of whether it meets these TAS
eligibility criteria with respect to that program or function. 40
CFR 49.7.
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    The TAR preamble clarified that by including CAA section 110(c)(1)
on the list at 40 CFR 49.4, the ``EPA is not relieved of its general
obligation under the CAA to ensure the protection of air quality
throughout the nation, including throughout Indian country.'' \45\ The
preamble confirmed that the ``EPA will continue to be subject to the
basic requirement to issue a FIP for affected tribal areas within some
reasonable time.'' \46\ Consistent with those statements, the TAR
includes a provision requiring the EPA to ``promulgate without
unreasonable delay such Federal implementation plan provisions as are
necessary or appropriate to protect air quality,'' unless a complete
TIP is submitted or approved.\47\
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    \45\ See 63 FR at 7265 (Feb. 12, 1998).
    \46\ Id.
    \47\ 40 CFR 49.11(a).
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    The Ute Indian Tribe has not applied for treatment in a similar
manner as a state (TAS) for the purpose of administering a TIP under
the CAA; nor has it submitted a TIP for review and approval. Thus, with
respect to Indian country lands within the U&O Reservation, there is
currently no submitted or EPA-approved TIP that would address the air
quality purposes described earlier. This FIP provides such a plan and
applies to all Indian country lands within the exterior boundaries of
the U&O Reservation.

C. Federal Indian Country Minor NSR Rule

1. What is the Federal Indian Country Minor NSR rule?
    In 2006, acting under the authority provided in CAA section 301(d)
and in the TAR, we proposed the FIP regulation: ``Review of New Sources
and Modifications in Indian Country'' (Indian Country NSR rule).\48\ As
a part of this regulation, the EPA made a finding that it was necessary
or appropriate to protect air quality by developing a FIP to establish
a program to regulate the modification and construction of minor
stationary sources consistent with the requirements of section
110(a)(2)(c) of the CAA, where there was no EPA-approved tribal minor
NSR permit program in Indian country to regulate construction of new
and modified minor sources and minor modifications of major sources. We
call this part of the Indian Country NSR rule the Federal Indian
Country Minor NSR rule. In developing that FIP, we sought to
``establish a flexible preconstruction permitting program for minor
sources in Indian country that is comparable to similar programs in
neighboring states in order to create a more consistent regulatory
environment for owners/operators within and outside of Indian
country.'' \49\ The Federal Indian Country Minor NSR rule provides a
mechanism for issuing preconstruction permits for the construction of
new minor sources and certain modifications of major and minor sources
in areas covered by the rule. In developing the rule, the EPA conducted
extensive outreach and consultation, along with a 7-month public
comment period that ended on March 20, 2007. The comments provided
detailed information specific to Indian country, and the final Federal
Indian Country Minor NSR rule incorporated many of the suggestions we
received. We promulgated a final rule on July 1, 2011, and the FIP
became effective on August 30, 2011. \50\
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    \48\ ``Review of New Sources and Modifications in Indian
Country,'' Proposed Rule, 71 FR 48696 (Aug. 21, 2006).
    \49\ ``Review of New Sources and Modifications in Indian
Country,'' Final Rule, 76 FR 38748, 38754 (July 1, 2011).
    \50\ See 76 FR 38748.
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    The Federal Indian Country Minor NSR rule applies to existing, new,
and modified minor stationary sources and to minor modifications at
existing major stationary sources in Indian country where there is no
EPA-approved program in place. \51\ Tribes can elect to develop and
implement their own EPA-approved program under the TAR but are not
required to do so.\52\ In the absence of an EPA-authorized program, the
EPA implements the program. Tribes can request administrative
delegation of the federal program from the EPA and may be authorized by
the EPA to implement agreed-upon rules or provisions on behalf of the
Agency.
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    \51\ 40 CFR 49.153. Existing sources are only subject to the
registration requirements unless they undergo modification.
    \52\ To be eligible to develop and implement an EPA-approved
program, under the Tribal Authority Rule a tribe must meet four
requirements: (1) be a federally-recognized tribe; (2) have a
functioning government carrying out substantial duties and powers;
(3) propose to carry out functions pertaining to air resources of
the reservation or other areas within the tribe's jurisdiction; and
(4) be reasonably expected to be capable of carrying out the
program. See 40 CFR 40 CFR 49.1-49.11. Tribes can also establish
permit fees under a tribal permitting program pursuant to tribal
law, as do most states.
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    Any existing, new, or modified stationary oil and natural gas
source that emits or has the potential to emit (PTE) a regulated NSR
pollutant in amounts equal to or greater than the minor NSR thresholds
in the Federal Indian Country Minor NSR rule, but less than the amount
that would qualify the source as a major source or a major modification
for purposes of the PSD or nonattainment major NSR programs, must
submit a registration form to the EPA containing information on, among
other things, source-wide actual emissions of NSR regulated pollutants,
information on the methods used to calculate the emissions, and
descriptions of the various emitting activities and equipment operated
at the source. Existing, new, and modified oil and natural gas sources
that commenced construction before October 3, 2016, complied with the
Federal Indian Country Minor NSR Permit Program by registering under
the Existing Source Registration Program at 40 CFR 49.160. Beginning
October 3, 2016, the owner/operator of any new true minor oil and
natural gas source must comply with the National O&NG FIP or apply for
and obtain a site-specific true minor NSR permit before beginning
construction. Likewise, the owner/operator of any existing stationary
source (minor or major) must comply with the National O&NG FIP or apply
for and obtain a minor NSR permit before beginning construction of a
physical or operational

change that will increase the allowable emissions of the stationary
source in amounts equal to or above the specified threshold amounts, if
the change does not otherwise trigger PSD or nonattainment major or
minor NSR permitting requirements.\53\
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    \53\ A source may, however, be subject to certain monitoring,
recordkeeping, and reporting (MRR) requirements under the major NSR
program, if the change has a reasonable possibility of resulting in
a major modification. A source may be subject to both the Federal
Indian Country Minor NSR rule and the MRR requirements of the major
NSR program.
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2. What are the minor NSR thresholds?
    The ``minor NSR thresholds'' establish cutoff levels for each
regulated NSR pollutant. If a source has a PTE in amounts lower than
the minor NSR thresholds,\54\ then it is exempt from the Federal Indian
Country Minor NSR rule for that pollutant. New or modified sources that
have a PTE in amounts that are: (1) equal to or greater than the minor
NSR thresholds; and (2) less than the major NSR thresholds (generally
100 or 250 tons per year (tpy)) are ``minor sources'' of emissions and
subject to the Federal Indian Country Minor NSR rule requirements at 40
CFR 49.151 through 49.161. Modifications at existing major sources that
have PTE equal to or greater than the minor NSR thresholds, but less
than the major NSR significant emission rates (range 10-100 tpy,
depending on the pollutant) are also ``minor sources'' of emissions and
subject to the Federal Indian Country Minor NSR rule requirements.
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    \54\ See 40 CFR 49.153, Table 1.
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    The minor NSR thresholds for VOC emissions for sources in Indian
country are 2 tpy in nonattainment areas and 5 tpy in attainment and
unclassifiable areas. Portions of the U&O Reservation are currently
designated unclassifiable for the 2008 ozone NAAQS and the minor NSR
thresholds for VOC are 5 tpy in those Indian country portions of the
Reservation. As discussed previously and further in Section D (Air
Quality and Attainment Status), other portions of the U&O Reservation
are included in the Uinta Basin Ozone Nonattainment Area, and,
therefore, the minor NSR thresholds for VOC are 2 tpy in those Indian
country portions of the Reservation.

D. Air Quality and Attainment Status

    With respect to air quality, ozone levels in the Uinta Basin, in
which the U&O Reservation is located, have reached unhealthy levels
that warrant action. The 2015 8-hour ozone NAAQS is 70 parts per
billion (ppb).\55\ Compliance with the NAAQS is determined by
comparison to a ``design value'' based on a three-year average of the
fourth highest daily maximum 8-hour average ozone levels measured in a
year at each monitoring site. The state of Utah, the National Park
Service (NPS), and the Ute Indian Tribe operate ozone,
PM2.5, and NO2 monitors in and around the Uinta
Basin. The ambient air concentrations measured at some of these
stations show that ozone levels in the Uinta Basin have repeatedly
violated both the 2008 and 2015 ozone NAAQS. Based on 2012-2020
regulatory air quality monitoring data, ozone design values exceed the
2015 ozone NAAQS at five monitoring sites in the Uinta Basin. The
highest valid ozone design value in the Uinta Basin for the three-year
period from 2017 to 2019 was from the Ouray monitor at 89 ppb.\56\ The
current (three-year period from 2018 to 2020) highest valid ozone
design value in the Uinta Basin is also from the Ouray monitor at 76
ppb. Additionally, higher single 8-hour average ozone concentrations
were observed at some monitoring sites, before the sites were
designated as regulatory monitors.\57\ For example, 8-hour average
ozone concentrations reached values as high as 141 ppb at the Ouray
monitor in March 2013. This concentration corresponds to an Air Quality
Index value of 211, which is characterized as ``Very Unhealthy.'' \58\
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    \55\ See 80 FR 65292 (Oct. 26, 2015).
    \56\ Valid design values are the regulatory statistic to
determine compliance with a NAAQS. They are calculated in accordance
with the appropriate NAAQS-specific appendix to 40 CFR part 50. For
the 2008 Ozone NAAQS (75 ppb), the appropriate appendix is 40 CFR
part 50, appendix P, and for the 2015 Ozone NAAQS (70 ppb) it is 40
CFR part 50, appendix U. Regulatory ozone data is available at
https://www.epa.gov/air-trends/ozone-trends, accessed Mar. 14, 2022.
    \57\ A ``regulatory'' monitor is a monitor that meets the EPA's
air quality monitoring requirements, including requirements for
siting, equipment selection, data sampling protocols, and quality
assurance, under the EPA's monitoring regulations at 40 CFR part 58.
    \58\ The Air Quality Index (AQI) is a normalized system to allow
the public to compare health risks of different air pollutants on a
common scale. The AQI is divided into six levels of health concern:
Good, Moderate, Unhealthy for Sensitive Groups, Unhealthy, Very
Unhealthy, and Hazardous.
---------------------------------------------------------------------------

    As discussed previously, the EPA designated areas in the Uinta
Basin below 6,250 feet, including portions of the Indian country lands
within the U&O Reservation, as marginal nonattainment for the 2015
ozone standard. The fourth maximum ambient air concentration
measurement for 2020, the attainment year, is 66 ppb, which is lower
than the 2015 ozone NAAQS. Accordingly, Utah and the Ute Indian Tribe
requested to extend the August 3, 2021, attainment date for the Uinta
Basin Ozone Nonattainment Area by 1-year. On April 13, 2022, the EPA
proposed to grant a 1-year attainment date extension for the Uintah
Basin Ozone Nonattainment area.\59\ The proposal explains that
preliminary 2021 ozone monitoring data indicate that the area may not
attain the 2015 ozone NAAQS by the proposed extended attainment date of
August 3, 2022, but that the area could meet the air quality criteria
for a second 1-year extension. As of February 9, 2022, the Uinta Basin
area's preliminary 2019-2021 design value was 78 ppb and the
preliminary 2021 fourth highest daily maximum 8-hour concentration
value was 72 ppb. To qualify for a second 1-year extension, an area's
fourth highest daily maximum 8-hour value, averaged over both the
original attainment year and the first extension year, must be 70 ppb
or less (40 CFR 51.1307(a)(2)). If the preliminary 2021 ozone data are
certified, then the fourth highest daily maximum 8-hour value, averaged
over 2020 and 2021, would be 69 ppb. \60\ The EPA is issuing this
notice of final rulemaking (NFRM) because we have concluded that it is
necessary and appropriate to take action to protect air quality on the
Indian country lands within the U&O Reservation to address these
elevated ozone levels.
---------------------------------------------------------------------------

    \59\ See 87 FR 21842 (Apr. 13, 2022), available at https://www.govinfo.gov/content/pkg/FR-2022-04-13/pdf/2022-07513.pdf,
accessed Apr. 29, 2022. The criteria to qualify for requesting a 1-
year extension of the attainment date are: (1) the state has
complied with all requirements and commitments pertaining to the
area in the applicable implementation plan; and (2) for a first
attainment date extension, an area's fourth highest daily maximum 8-
hour value for the attainment year must not exceed the level of the
standard.
    \60\ Preliminary air quality data is available at https://www.epa.gov/outdoor-air-quality-data/download-daily-data, accessed
Apr. 29, 2022.
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    Ambient ozone is a secondary pollutant formed when the two primary
ozone precursors, VOC and NOX, react in the presence of
sunlight. Air quality data and studies in the Uinta Basin show that
winter ozone levels above the NAAQS are due to a combination of
abundant local ground-level emissions of VOC and NOX with
the unique meteorological and topographic features in the Uinta Basin:
strong and persistent temperature inversions forming over snow-covered
ground, and elevated terrain completely surrounding a low basin. The
stable atmosphere allows the emissions to accumulate and react with
sunlight but prevents the emissions from escaping the temperature
inversion layer and dispersing. Therefore, ozone continues to form
while the unique meteorological conditions persist.\61\ The

state of Utah conducted field studies in the Uinta Basin from 2011 to
2014 to understand the emissions sources and the unique photochemical
processes that contribute to winter ozone concentrations within the
Uinta Basin. Reports for winter ozone field studies for each year are
available on the UDEQ website.\62\ These studies found that the oil and
natural gas production industry is the most significant anthropogenic
contributor of VOC and NOX emissions in the Basin and
primarily responsible for winter ozone formation. The studies also
concluded that winter ozone production in the Basin is sensitive to
changes in VOC emissions, and that there is greater uncertainty about
its sensitivity to changes in NOX emissions.
---------------------------------------------------------------------------

    \61\ The RIA for this final rule contains a more detailed
discussion of winter ozone and can be viewed in the docket for this
rulemaking (Docket ID No. EPA-R08-OAR-2015-0709).
    \62\ ``Uinta Basin Ozone Studies (UBOS),'' https://deq.utah.gov/air-quality/uinta-basin-ozone-studies-ubos, accessed Mar. 11, 2022.
---------------------------------------------------------------------------

    The EPA has determined that this final action will result in large
reductions of VOC emissions, and that this result is expected to reduce
ambient ozone and reduce the severity of exceedances of the 2008 and
2015 ozone NAAQS.\63\ As discussed in more detail later, the final
action includes a requirement for owners/operators to submit emissions
inventories on a triennial basis. This information will enable the
successful partnership to continue among the EPA, the UDEQ, the Tribe
and industry in maintaining an accurate oil and natural gas emissions
inventory for the Uinta Basin to be used, in part, as a tool for
managing the Basin's air quality.
---------------------------------------------------------------------------

    \63\ As discussed in the RIA for this final rule (available at
https://www.regulations.gov, Docket ID #EPA-R08-OAR-2015-0709),
adoption of the VOC control measures required under this FIP may
result in very small NOX emission increases. We estimate
that these additional NOX emissions would be at most 27
tpy total. Considering the large amount of VOC emission reductions
that the same controls will achieve, the small potential
NOX emissions increase will not counteract the effect of
the VOC reductions or adversely affect the area's ability to attain
the NAAQS.
---------------------------------------------------------------------------

    We had previously informed the public of our intent to undertake
action specific to the Indian country lands within the U&O Reservation;
as noted earlier, in the preamble to the National O&NG FIP, we stated:
``For the Uintah and Ouray Reservation, we have sufficient concerns
about the air quality impacts from existing sources that we plan to
propose a separate U&O FIP.'' \64\ After further review, and
considering the emissions information presented below, the EPA
concludes that those concerns are still warranted, and that this action
is necessary and appropriate to address poor air quality on the Indian
country lands within the U&O Reservation.
---------------------------------------------------------------------------

    \64\ See 81 FR at 35963 (June 3, 2016).
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E. Emissions Information

    In 2020, the EPA, in cooperation with the UDEQ and the Ute Indian
Tribe, developed the UBEI2017-Update, an emission inventory of oil and
natural gas activity in the Uinta Basin that was populated with data
provided by oil and natural gas operators in the Basin.\65\ We are also
aware of several other available sources of information on air
emissions from oil and natural gas activity in the Uinta Basin,
including: (1) the 2017 National Emissions Inventory (2017 NEI); \66\
(2) a study by the Western Regional Air Partnership (WRAP); \67\ (3)
existing true minor source registration data and new and modified true
minor source registration submitted to the EPA under the Federal Indian
Country Minor NSR Program; \68\ and (4) EPA Greenhouse Gas Reporting
Program, subpart W Petroleum and Natural Gas Systems.\69\ They are
discussed in more detail in the Regulatory Impact Analysis (RIA) for
this final rule.\70\
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    \65\ The inventory and supporting analysis can be viewed in the
docket for this rule, in the Microsoft Excel spreadsheet titled,
``UO FIP cost and emissions analysis.xlsx'' (Docket ID No. EPA-R08-
OAR-2015-0709). This U&O FIP requires owners and operators to submit
triennial emissions inventories, similar to a requirement finalized
by the UDEQ in March of 2018. These triennial updates will provide
information on how emissions are changing in the Basin from the 2017
baseline. See Section V (Summary of FIP Provisions).
    \66\ See 2017 National Emissions Inventory (2017 NEI), available
at https://www.epa.gov/air-emissions-inventories/2017-national-emissions-inventory-nei-data, accessed Sept. 28, 2020. Queried:
Duchesne & Uintah Counties VOC-NOx all sectors; Ute Indian Tribe of
the Uintah & Ouray Indian Reservation VOC-NOx all sectors. EPA's
analysis of the 2017 NEI data is available in the docket for this
rulemaking (Docket ID No. EPA-R08-OAR-2015-0709), Microsoft Excel
spreadsheet titled ``2017 NEI Uinta Basin_Duchesne Counties_U&O_VOC-
NOx.xlsx. The UDEQ submitted the UBEI2017 to the 2017 NEI, but later
updated it for storage vessel, pneumatic controller, pneumatic pump,
fugitive, gas well liquid unloading, blowdowns and pigging and
oilfield wastewater emissions that are planned to be submitted to
the NEI at a future date (see footnote 75). Analysis of the 2017 NEI
for the purposes of this final U&O FIP was prepared using the
version publicly available before incorporating these updates from
the UDEQ.
    \67\ Western Regional Air Partnership (WRAP), O&G Emissions
Workgroup: Phase III Inventory, Uinta Basin Reports, 2012 Mid-Term
Projection Technical Memo, ``Development of 2012 Oil and Gas
Emissions Projections for the Uinta Basin'', March 25, 2009,
available at http://www.wrapair2.org/PhaseIII.aspx, accessed Mar.
14, 2022. Some of the 2014 Uinta Basin Emissions Inventory was
generated from prorating the 2012 WRAP estimates (which prorated and
adjusted their 2006 work) to 2014 activity levels.
    \68\ Data from existing true minor source registration reports
and data from new and modified true minor oil and natural gas source
registrations under the National O&NG FIP, submitted under 40 CFR
49.160 of the Federal Indian Country Minor NSR Program by operators
of sources on the Indian country lands within the U&O Reservation.
    \69\ EPA Greenhouse Gas Reporting Program (GHGRP) Petroleum and
Natural Gas Systems, available at https://www.epa.gov/ghgreporting/ghgrp-petroleum-and-natural-gas-systems, accessed Mar. 14, 2022.
    \70\ The RIA can be viewed in the docket for this rulemaking
(Docket ID No. EPA-R08-OAR-2015-0709).
---------------------------------------------------------------------------

    The 2017 NEI provides a general picture of the relative
contributions of ozone-forming emissions from the oil and natural gas
sector as compared to other industry sectors, estimating that emissions
from the production segment of the oil and natural gas sector were the
largest anthropogenic \71\ contributor of both VOC and NOX
emissions in the Uinta Basin, at 97 percent of the VOC emissions and 64
percent of the NOX emissions. The WRAP study provides a
general picture of the relative emissions contribution in the Basin
from various oil and natural gas equipment and activities on Indian
country lands. The existing minor source registration data provide a
general picture of the large percentage of unpermitted and likely
uncontrolled minor emissions sources on Indian country lands within the
U&O Reservation. EPA Greenhouse Gas Reporting Program, subpart W,
provides annual reports by operators of activity levels and methane
emissions from oil and natural gas operations in the Uinta Basin. The
UBEI2017-Update is a comprehensive source of oil and natural gas source
VOC emissions data for the Uinta Basin that provided information for
the cost and benefit analysis supporting this rulemaking.
---------------------------------------------------------------------------

    \71\ The calculation excludes biogenic sources of VOC and
NOX, because elevated ozone occurs during the winter when
vegetation and soils are presumed to not be a contributor because
they are dormant or covered by snow.
---------------------------------------------------------------------------

    The UBEI2017-Update indicates that the majority of existing oil and
natural gas sources in the region are on Indian country lands within
the U&O Reservation. As explained in more detail below, most of these
are minor sources and are uncontrolled. The 2017 NEI indicates that,
compared to other industry sector sources, existing oil and natural gas
sources are cumulatively the largest anthropogenic contributor of VOC
(97 percent) and NOX (64 percent) to measured exceedances of
the ozone NAAQS in the Uinta Basin. Existing oil and natural gas
sources on the portions of the Basin regulated by the UDEQ are subject
to emission reduction requirements, while existing sources on Indian
country lands within the U&O Reservation were previously either subject
to less stringent regulation or no regulation at all.

    Specifically, the UBEI2017-Update shows that 76 percent of all
existing oil and natural gas facilities (including well sites
processing fluids from multiple individual wells, as well as compressor
stations and other processing facilities) in the Uinta Basin are
located on Indian country lands within the U&O Reservation. According
to the inventory, almost 73,000 tons of VOC and over 6,700 tons of
NOX emissions were emitted in 2017 from existing oil and
natural gas sources on Indian country lands within the U&O Reservation.
That is approximately 89 percent of the total oil and natural gas-
related VOC emissions in the Uinta Basin and approximately 63 percent
of the total oil and natural gas-related NOX emissions in
the Uinta Basin. These data confirm that the bulk of the ozone-related
emissions in the Uinta Basin are released from sources on the Indian
country lands within the U&O Reservation.
    Many of the oil and natural gas sources on Indian country lands
within the U&O Reservation are uncontrolled. According to the UEBI2017-
Update, on the Indian country lands within the U&O Reservation, 85
percent of the total number of existing storage vessels, 98 percent of
the total number of existing glycol dehydrators and 99 percent of
existing pneumatic pumps are uncontrolled emitters of VOC. By contrast,
in areas of the Basin where the EPA has approved the UDEQ to implement
the CAA, 68 percent of the total number of existing storage vessels and
52 percent of the total number of existing glycol dehydrators are
uncontrolled (uncontrolled pneumatic pump numbers are relatively
equivalent to Indian country at 99 percent). The UDEQ has adopted
revisions to existing oil and natural gas source requirements and
existing minor source permitting requirements, and has adopted new
requirements, including a Permit by Rule that replaces the requirement
for minor oil and natural gas sources to obtain a site-specific
permit.\72\ Now that the revised and new requirements are effective, we
expect the percentage of uncontrolled existing storage vessels and
glycol dehydrators in areas of the Basin where the EPA has approved the
UDEQ to implement the CAA will decrease from what was reported in the
UBEI2017-Update. The UDEQ's rule revisions and new rules are discussed
in more detail in the preamble to the proposed FIP.\73\ In addition,
the UBEI2017-Update shows that emissions from oil and natural gas
wastewater disposal facilities on the Indian country lands within the
U&O Reservation comprise approximately 35 percent of the total VOC
emissions from oil and natural gas activity on the Indian country lands
within the U&O Reservation. As explained in the preamble to the
proposed FIP,\74\ these facilities may not be controlled under the CAA,
because they do not meet the applicability criteria of preconstruction
permitting programs or federal emissions standards regulating them.
---------------------------------------------------------------------------

    \72\ Utah State Bulletin, Official Notices of Utah State
Government, Filed Jan. 3, 2018, 12:00 a.m. through Jan. 16, 2018,
11:59 p.m., 11:59 p.m., Number 2018-3, February 01, 2018, Nancy L.
Lancaster, Managing Editor, pages 46-68, available in the docket for
this rulemaking (Docket ID No. EPA-R08-OAR-2015-0709.
    \73\ See 85 FR 3504-3506, Section IV. D. Developing the Proposed
Control Requirements, 3. Evaluation of State Oil and Natural Gas and
Permitting-Related Requirements.
    \74\ See 85 FR 3503-3504, Section IV. D. Developing the Proposed
Control Requirements, 2. Evaluation of Federal Oil and Natural Gas
and Permitting-Related Requirements.
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    Based on this collection of emissions information (and other
information about meteorological conditions and local geography), the
EPA has concluded that winter ozone levels in the Uinta Basin are most
significantly influenced by VOC emissions from the presence of numerous
minor, unpermitted and largely uncontrolled oil and natural gas
production operations on Indian country lands within the U&O
Reservation.

F. What is a FIP?

    Under section 302(y) of the CAA, the term ``Federal implementation
plan'' means ``a plan (or portion thereof) promulgated by the
Administrator to fill all or a portion of a gap or otherwise correct
all or a portion of an inadequacy in a state implementation plan, and
which includes enforceable emission limitations or other control
measures, means or techniques (including economic incentives, such as
marketable permits or auctions of emissions allowances), and provides
for attainment of the relevant national ambient air quality standard.''
As discussed previously in section III.B., CAA sections 301(a) and
301(d)(4) and 40 CFR 49.11(a) authorize the EPA to promulgate such FIPs
as are necessary or appropriate to protect air quality if a Tribe does
not submit or receive EPA approval of a TIP.
    The Federal Indian Country Minor NSR rule is an example of a FIP,
as discussed in section III.C. Another example of the EPA's use of its
FIP authority to protect air quality in areas of Indian country with no
EPA-approved program, while at the same time seeking to provide a
consistent regulatory environment where appropriate, is the ``FIP for
Oil and Natural Gas Well Production Facilities; Fort Berthold Indian
Reservation (FBIR; Mandan, Hidatsa, and Arikara Nation), North
Dakota.'' \75\ In that rule, we took an important initial step to
control VOC emissions from existing, new, and modified oil and natural
gas operations on the FBIR. We drafted requirements that were
consistent to the greatest extent practicable with the most relevant
aspects of neighboring state and local rules concerning the air
pollutant emitting activities on the FBIR. We did not intend at the
time, nor did we expect, the regulation to impose significantly
different regulatory burdens upon industry or the residents of the FBIR
than those imposed by the rules of state and local air agencies in the
surrounding areas.
---------------------------------------------------------------------------

    \75\ See 78 FR 17836 (Mar. 22, 2013).
---------------------------------------------------------------------------

    This U&O FIP specific to Indian country lands within the U&O
Reservation will reduce VOC emissions related to the formation of
ozone. Exceedances of both the 2008 and the 2015 ozone NAAQS have
occurred at air quality monitors on and around the Reservation, and
portions of the Uinta Basin, including portions of the U&O Reservation,
were designated by the EPA in 2018 as nonattainment for the 2015 ozone
NAAQS. There are no currently approved TIPs that apply to existing oil
and natural gas sources on Indian country lands within the U&O
Reservation. Finally, the majority of the sources covered by this U&O
FIP have not previously been subject to federally required emissions
controls, as discussed further in Section IV.A of the preamble to the
proposed FIP.\76\ For all of these reasons, we have concluded that is
both necessary and appropriate to protect air quality on the Indian
country lands within the U&O Reservation by promulgating this FIP.
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    \76\ See 85 FR 3501, Section IV. Developing the Proposed Control
Rule, A. Rationale for the Proposed Rule.
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G. Oil and Natural Gas Industry in the Uinta Basin

    The oil and natural gas industry in the Uinta Basin includes the
extraction and production of oil and natural gas, as well as the
processing, transmission, and distribution of natural gas.
Specifically, for oil, the industry in the Uinta Basin includes all
operations from the well to transfer to an oil transmission pipeline or
other means of transportation to a petroleum refinery. The petroleum
refinery is not considered part of the oil and natural gas industry.
Thus, with respect to

crude oil, the oil and natural gas industry ends where crude oil enters
an oil transmission pipeline or other means of transportation to a
petroleum refinery. For natural gas, the industry includes all
operations from the well to the final end user.
    The oil and natural gas industry in the Uinta Basin can generally
be separated into four segments: (1) oil and natural gas production;
(2) natural gas processing; (3) natural gas transmission and storage;
and (4) natural gas distribution. This U&O FIP for oil and natural gas
sources on Indian country lands within the U&O Reservation focuses on
existing, new, and modified sources in the first and second segments,
oil and natural gas production and natural gas processing, because the
existing minor sources in those segments cumulatively contribute the
largest portion of VOC emissions from the oil and natural gas industry
on the Indian country portion of the U&O Reservation. There are more
than 6,870 individual oil and natural gas sources (operated by 33
distinct entities) on the Indian country lands within the U&O
Reservation, the majority of which are well sites in the oil and
natural gas production segment.\77\ As discussed earlier, the 2017 NEI
shows that emissions from the production segment of the oil and natural
gas sector were estimated to be the largest anthropogenic contributor
of both VOC and NOX emissions in the Uinta Basin.
Comparatively, the categories that include oil and natural gas storage
and transfer and bulk gasoline terminals (segments 3 and 4), are
reported in the 2017 NEI as contributing less than one percent each of
the total VOC and NOX emissions in the Uinta Basin.\78\ Of
the 13,363 individual active oil and natural gas wells in the Uinta
Basin, over 10,108 wells, or about 76 percent, are on Indian country
lands within the U&O Reservation.
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    \77\ 2017 Uinta Basin Oil and Natural Gas Emissions Inventory
Update (UBEI2017-Update). The inventory and supporting analysis can
be viewed in the docket for this rulemaking. See ``UO FIP cost and
emissions analysis.xlsx'' (Docket ID No. EPA-R08-OAR-2015-0709).
    \78\ Based on the NEI Source Type to Sector Crosswalk in the
2017 NEI, available at https://www.epa.gov/air-emissions-inventories/2017-national-emissions-inventory-nei-data, accessed
Mar. 14, 2022. Queried: Duchesne & Uintah Counties VOC-NOx all
sectors; Ute Indian Tribe of the Uintah & Ouray Indian Reservation
VOC-NOx all sectors. The EPA's analysis of the 2017 NEI data is
available in the docket for this rulemaking (Docket ID No. EPA-R08-
OAR-2015-0709), Microsoft Excel spreadsheet titled ``2017 NEI Uinta
Basin_Dechesne Counties_U&O_VOC-NOx.xlsx.''
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    The oil and natural gas production segment in the Uinta Basin
includes wells and all related processes used in the extraction,
production, recovery, lifting, stabilization, and separation or
treatment of oil and/or natural gas (including condensate). Production
components in the Uinta Basin may include wells and related casing
head, tubing head, and ``Christmas tree'' piping, as well as pumps,
compressors, heater treaters, separators, storage vessels, pneumatic
devices, pneumatic pumps, and natural gas dehydrators. Production
operations in the Uinta Basin also include the well drilling,
completion, and workover processes, and include all the portable non-
self-propelled apparatuses associated with those operations. Production
sites in the Uinta Basin include not only the sites where the wells
themselves are located, but also centralized gas and liquid gathering
sources where oil, condensate, produced water, and natural gas from
several wells may be separated, stored, and treated. Production
components in the Uinta Basin also include the smaller diameter, low-
to-medium-pressure gathering pipelines and related components that
collect and transport the oil, natural gas, and other materials and
wastes from the wells or well pads.
    The natural gas production segment in the Uinta Basin ends where
the natural gas enters a natural gas processing plant. Where there is
no processing plant, the natural gas production segment ends at the
point where the natural gas enters the transmission segment for long-
line transport. The crude oil production segment in the Uinta Basin
ends at the storage and load-out terminal, which is the point of
custody transfer to an oil pipeline or for transport of the crude oil
to a petroleum refinery via trucks or railcars.
    Each producing crude oil and natural gas field has its own unique
properties. The composition of the crude oil and the natural gas as
well as the reservoir characteristics are likely to be different across
all reservoirs. The RIA for this rule provides a more detailed overview
of the products and components of the oil and natural gas industry that
are relevant to the activities in the Uinta Basin.\79\
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    \79\ The RIA for the final rule can be viewed in the docket for
this rulemaking (Docket ID No. EPA-R08-OAR-2015-0709).
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IV. Summary of the Final U&O FIP

A. Overview

    The emissions control and other requirements of this final FIP that
will reduce VOC emissions from existing, new, and modified oil and
natural gas sources on Indian country lands within the U&O Reservation
are summarized in this section. Significant changes since proposal are
discussed in more detail in section V of this preamble. The FIP
includes emissions control efficiency requirements and operational and
work practice standards, each with associated monitoring, testing,
recordkeeping, and reporting requirements, as appropriate. Oil and
natural gas sources must comply with these requirements, except as
specifically exempted under the FIP for certain equipment or activities
otherwise subject to existing federal standards 40 CFR part 60,
subparts OOOO or OOOOa, or 40 CFR part 63, subpart HH. Also discussed
in this section are the features of the FIP that are necessary to
facilitate its implementation.
    This final rule applies to owners or operators of oil and natural
gas sources that either produce oil and natural gas or process natural
gas, that are located on Indian country lands within the U&O
Reservation, and that meet the applicability criteria specified for
each set of requirements. It includes the following provisions in 40
CFR part 49:

49.4169 Introduction.
49.4170 Delegation of authority of administration to the Tribe.
49.4171 General provisions.
49.4172 Emissions Inventory.
49.4173 VOC emissions control requirements for storage vessels.
49.4174 VOC emissions control requirements for dehydrators.
49.4175 VOC emissions control requirements for pneumatic pumps.
49.4176 VOC emissions control requirements for covers and closed-vent
systems.
49.4177 VOC emissions control devices.
49.4178 VOC emissions control requirements for fugitive emissions.
49.4179 VOC emissions control requirements for tank truck loading.
49.4180 VOC emissions control requirements for pneumatic controllers.
49.4181 Other combustion devices.
49.4182 Monitoring and testing requirements.
49.4183 Recordkeeping requirements.
49.4184 Notification and reporting requirements.

    We do not expect a substantial number of the existing oil and
natural gas sources subject to this U&O FIP to also be subject to NSPS
OOOO or OOOOa, or NESHAP HH, for the specific equipment and activities
regulated. However, to minimize regulatory burdens where such a
potential overlap does exist, this rule finalizes the proposed
provisions that equipment or activities that are affected

by any requirement in this U&O FIP and that are also subject to the
substantive emissions control requirements in those EPA standards will
not be subject to this FIP's substantive emissions control requirements
for such equipment and activities. As an example, given the exemptions
being finalized, if an existing, new, or modified oil and natural gas
source on Indian country lands within the U&O Reservation has storage
vessels, pneumatic pumps, and fugitive emissions components that are
subject to the emissions control requirements of NSPS OOOOa, then that
source would be subject to the substantive emissions control
requirements for glycol dehydrators in the FIP, but not to the FIP's
substantive emissions control requirements for storage vessels,
pneumatic pumps, or fugitive emissions components.

B. Introduction

    In 40 CFR 49.4169 (Introduction) we are finalizing our proposal to
specify: (1) the purpose of this U&O FIP; (2) the general applicability
of this U&O FIP; and (3) the compliance schedule for this U&O FIP.
    We are finalizing text that: (1) establishes provisions for
delegation of authority to allow the Ute Indian Tribe to assist the EPA
with administration of this U&O FIP in 40 CFR 49.4170; (2) establishes
general provisions and definitions applicable to oil and natural gas
sources in 40 CFR 49.4171; (3) establishes a requirement for oil and
natural gas sources to submit emissions inventories on a triennial
basis, beginning with an inventory for calendar year 2023 in 40 CFR
49.4172; and (4) establishes, in 40 CFR 49.4173 through 49.4184,
enforceable requirements to control and reduce VOC emissions from oil
and natural gas well production and storage operations, natural gas
processing, and gathering and boosting operations at oil and natural
gas sources on Indian country lands within the U&O Reservation.
    This final rule provides that compliance with the rule for oil and
natural gas sources that commence construction on or after the
effective date of the final rule is required upon startup. Compliance
for sources existing as of the effective date of the final rule is
required no later than 12 months after the effective date of the final
rule. We concluded that it is important to allow owners/operators of
existing sources a reasonable period of time to conduct any necessary
retrofit-related activities, such as (1) acquiring control devices, (2)
conducting manufacturer-recommended testing to be compliant with the
requirements, and (3) securing the necessary trained personnel to
install compliant devices and associated piping and instrumentation. We
expect that there will be about 2,165 existing oil and natural gas
sources that may require equipment retrofit and installation of VOC
emission control equipment (combustion controls) under the final rule.
Additionally, we estimate that more than 700 high-bleed pneumatic
controllers will need to be retrofitted to low-or no-bleed. We have
determined that providing 12 months from the effective date of the
final rule to install retrofits at existing sources is a reasonable
amount of time for efficient, cost-effective project planning that
accounts for a level, sustained equipment and labor resource demand
that can be supported by the vendor community, while ensuring that
meaningful emissions reductions will be achieved that provide near-term
benefits to improve air quality and make progress toward future
attainment.\80\
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    \80\ 12 months is a tighter compliance timeframe than is
required for existing sources in NESHAP regulations, which is
typically 3 years. The purpose of this proposed U&O FIP, though, is
to address air quality in a timely fashion. Moreover, the final rule
allows sources to request extensions of the compliance date beyond
the 12 months if needed.
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    We are also finalizing a provision to allow an owner or operator on
a case-specific basis to submit a written request to the EPA for an
extension of the compliance deadline for existing sources, which must
include appropriate justification of the reason for the request. Any
approval or denial of an extension request, including the length of any
approved extension, will be based on the merits of each case. Factors
that the EPA will consider in deciding whether to grant an extension
request under the provision include the economic and technical
feasibility of meeting this U&O FIP's control requirements in the
prescribed timeframe. The final FIP specifies the criteria that the EPA
will apply in responding to requests for extension of the compliance
period, including that the request must be submitted before the
compliance deadline, must identify the specific provisions for which an
extension is being requested and include an alternative compliance
deadline, and must provide a rationale for the request with supporting
information explaining how the operator will effectively meet all
applicable requirements after the requested alternative compliance
deadline.

C. Provisions for Delegation of Administration to the Ute Indian Tribe

    We are establishing in 40 CFR 49.4170 (Delegation of authority of
administration to the Tribe) the steps by which the Ute Indian Tribe
may request delegation to assist us with the administration of this
rule, and the process by which the Regional Administrator of EPA Region
8 may delegate to the Ute Indian Tribe the authority to assist with
such administration. As described in the regulatory provisions, any
such delegation will be accomplished through a delegation of authority
agreement between the Regional Administrator and the Tribe. This
section provides for administrative delegation of this federal rule and
does not affect the TAS eligibility criteria under CAA section 301(d)
and 40 CFR 49.6 should the Ute Indian Tribe decide to seek such
treatment for the purpose of administering its own EPA-approved TIP
under tribal law. Administrative delegation is a separate process from
TAS under the TAR. Under the TAR, Indian tribes seek the EPA's approval
of their eligibility to implement CAA programs under their own laws.
The Ute Indian Tribe will not need to seek TAS under the TAR for
purposes of requesting to assist us with administration of this rule
through a delegation of authority agreement. If delegation does occur,
the rule would continue to operate under federal authority on Indian
country lands within the U&O Reservation, and the Ute Indian Tribe
would assist us with administration of the rule to the extent specified
in the agreement.

D. General Provisions

    We are finalizing in 40 CFR 49.4171 (General provisions): (1) a
requirement to design, operate, and maintain all equipment used for
hydrocarbon liquid and gas collection, storage, processing, and
handling operations covered under this rule, in a manner consistent
with good air pollution control practices and that minimizes leakage of
VOC emissions to the atmosphere. Determination of whether acceptable
operating and maintenance procedures are being used will be based on
information available to the EPA, including monitoring results, review
of operating and maintenance procedures, and inspection of the source;
and (2) definitions.

E. Emissions Inventory Requirements

    We are finalizing in 40 CFR 49.4172 a requirement for owners/
operators of oil and natural gas sources with the

potential to emit one or more NSR-regulated pollutants at levels
greater than one tpy to submit an annual emissions inventory, once
every three years beginning with calendar year 2024, that covers
emissions from the previous calendar year (2023 for the first required
inventory). Each triennial inventory must be submitted no later than
April 15th of the year after each inventory year. The triennial
emissions inventory requirement will suffice for the purpose of
continued updates to the comprehensive Uinta Basin oil and natural gas
emissions inventory by the UDEQ, the Ute Indian Tribe, and the EPA.
Owners/operators must submit actual emissions for each emissions unit
at each oil and natural gas source covered by the requirement in a
standard format specified by the Regional Office and available on our
website. The format will be consistent with the format used by the UDEQ
to collect information from sources in the Uinta Basin outside of
Indian country lands within the U&O Reservation.

F. VOC Emissions Control Requirements

    The discussion in this section details the final VOC emissions
control requirements of this FIP and how they compare to existing state
and federal requirements for the equipment and activities listed in
Table 3. The most notable difference between the final VOC emissions
control requirements of this FIP and the Utah Oil and Gas Rules \81\
and Utah Permit Requirements \82\ is that the Utah permit by rule's 4
tpy total VOC emissions threshold for requiring controls does not
include pneumatic pump emissions. We have determined that emissions
from pneumatic pumps are a large source of VOC emissions on the Indian
country lands within the U&O Reservation, but a negligible source of
VOC emissions in the areas in the Basin where the EPA has approved the
UDEQ to implement the CAA. This difference in the share of pneumatic
pumps emissions in the inventory is because the majority of natural gas
production operations, which use gas-driven pneumatic pumps, occurs on
the Reservation, while lands where air quality is managed by the UDEQ
feature mostly oil production. This difference is explained in more
detail later in this section.
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    \81\ Utah Administrative Code Chapter R307-500 Series (Oil and
Gas), available in the docket for this rulemaking (Docket ID No.
EPA-R08-OAR-2015-0709). These rules, referred to collectively as the
``Utah permit by rule,'' are state-only rules and the UDEQ has not
submitted them to the EPA for approval in the Utah SIP.
    \82\ Utah Administrative Code Chapter R307-401 (Permits: New and
Modified Sources), available in the docket for this rulemaking
(Docket ID No. EPA-R08-OAR-2015-0709); See 40 CFR part 52, subpart
TT.
    \83\ The National O&NG FIP incorporates the requirements of the
eight standards, as they apply to a source. To make emissions
control requirements across the Basin consistent, this U&O FIP goes
beyond the eight federal standards to regulate certain equipment and
activities that are not regulated by established EPA standards (or
are regulated differently) but are regulated in UDEQ standards. In
addition, the EPA issued subsequent rules that revised certain
provisions of NSPS OOOO and OOOOa (The 2020 Policy Rule and 2020
Technical Rule; see discussion above in Section I.B.). The 2021 CRA
resolution disapproved the policy amendments of NSPS OOOO and OOOOa.
PL 17-23 (June 30, 2021). The requirements summarized in this table
reflect the standards that are in effect today--the methane
standards in the 2016 NSPS OOOOa and the 2016 VOC standards in NSPS
OOOO and OOOOa, as they were amended in 2020. The EPA's Oil and
Natural Gas Sector Climate Review Proposed Rule would revise
existing VOC standards under NSPS OOOO and OOOOa, establish new
methane and VOC standards for new and modified emissions sources not
previously covered by NSPS OOOO and OOOOa, and establish emissions
guidelines for existing sources. This table does not reflect those
proposed standards and guidelines. We may revisit this final action
in the future based on any final action we take under CAA section
111 with the Oil and Natural Gas Sector Climate Review rulemaking.

   Table 3--U&O FIP VOC Emissions Control Requirements for Existing, New, and Modified Oil and Natural Gas Sources Versus UDEQ and Other Federal \83\
                                                                  Control Requirements
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                     U&O FIP VOC Emissions Controls                        Utah oil and gas
-------------------------------------------------------------------------   rules and Utah
 Final FIP requirements (section     Applicability    Control efficiency        permit             NSPS OOOO          NSPS OOOOa           NESHAP HH
       in 40 CFR  part 49)             threshold           (percent)         requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
Storage vessel VOC emission       Source-wide         Reduce VOC by 95.0  Issued Utah Permit  Reduce VOC by 95.0  Reduce VOC by 95.0  Reduce HAP by 95.0
 control requirements (Sec.        potential for VOC   percent or route    Requirements        percent or route    percent or route    percent or route
 49.4173).                         emissions from      to a process.       (BACT for site-     to a process for    to a process for    to a process for
                                   the collection of  See also VOC         specific &          individual          individual          individual
                                   all storage         emission control    general approval    storage vessels     storage vessels     storage vessels
                                   vessels,            devices later in    orders)--Reduce     with potential      with potential      with potential
                                   dehydrators and     this table (Sec.    VOC by 98 percent   for >=6 tpy per     for >=6 tpy per     for flash
                                   pneumatic pumps      49.4177).          or route to a       storage vessel      storage vessel      emissions and
                                   >=4 tpy.                                process where       constructed,        constructed,        actual annual
                                                                           source-wide         reconstructed or    reconstructed or    average
                                                                           uncontrolled        modified after      modified after      hydrocarbon
                                                                           actual VOC          August 23, 2011,    September 18,       liquid throughput
                                                                           emissions from      and on or before    2015                >=79,500 liters/
                                                                           the collection of   September 18,       (alternatively,     day.
                                                                           all storage         2015                no control
                                                                           vessels,            (alternatively,     required if
                                                                           dehydrators and     no control          uncontrolled