Fact Sheet — 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
ACTION:
•	On July 3, 2019, the United States Environmental Protection Agency (EPA) proposed
changes that would streamline the Clean Air Act permitting process for some oil and natural
gas production activities. This action would revise the Federal Implementation Plan for new
and modified "true minor sources" in Indian country. A true minor source's air emissions
fall below the Clean Air Act thresholds for a "major source" without the use of some type of
emissions control strategy or device.
•	Specifically, the amendment would allow for concurrent, rather than sequential, submission
of two sets of documents:
1.	the Part 1 Form to register applicability under the Federal Implementation Plan (FIP) 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 (National O&NG FIP) and
2.	the screening procedures documentation for threatened or endangered species and historic
properties (protected resources).
•	This proposed rule could reduce, by up to 30 days, the time between a source
owner/operator's submission of required Endangered Species Act (ESA)/National Historic
Preservation Act (NHPA) screening documents and beginning construction.
•	Under current rules, a source is required to submit their ESA/NHPA screening procedures
documentation to EPA for approval, and after receipt of approval submit their Part 1 Form
Registration. The source cannot begin construction until 30 days after submittal of the Part 1
Form.
•	The proposed rule would allow owner/operators to submit the Part 1 Form concurrent with
their screening procedures documentation for protected resources. This change would start
the 30-day construction waiting period upon EPA approval of the screening procedures
documentation. This proposal would continue to provide the reviewing authority with an
opportunity for full review and approval of the screening procedures documentation before
construction begins.
•	In addition, the proposed rule would include email as a potential form of written notification
by EPA Regional Office to the source owner/operator and correct incorrect citations and
cross references.
BACKGROUND:
•	In July 2011, EPA issued the Federal Minor New Source Review (NSR) Program in Indian
country, a type of FIP, which was part of a larger rulemaking referred to as "Review of New
Sources and Modifications in Indian Country." That action assured air quality protection
despite a lack of approved minor NSR permit programs in Indian country.
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•	The FIP established a preconstruction permitting program to regulate emission increases
resulting from construction and modification activities that were not already regulated by the
major NSR permitting programs.
•	The National O&NG FIP used a streamlined permitting approach for oil and natural gas
sources to issue minor source NSR pre-construction permits. True minor sources in the oil
and natural gas production and natural gas processing segments of the oil and natural gas
sector are required to comply with the FIP by submitting a Registration Form instead of
obtaining a source-specific minor source permit.
•	The FIP applies to new and modified true minor sources that are located or expanding in
areas of Indian country. On May 2, 2019, the Agency amended the FIP to extend coverage to
the Uintah and Ouray Reservation as part of the Uinta Basin Ozone Nonattainment Area.
•	This action creates no new requirements; rather, this rule, would streamline existing Federal
Tribal NSR permit application processes.
HOW TO COMMENT:
•	Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2014-0606, at
http://www.regulations.gov. Follow the online instructions for submitting comments.
ADDITIONAL INFORMATION:
•	Interested parties can download the proposal from EPA's web site on the Internet at:
httys://www. eya.gov/nsr and on the tribal NSR page at httys://www. eya.gov/tribal-air/tribal-
minor-new -source-review.
•	For additional information on this action, please contact Ben Garwood at
Garwood.benฎ,epa.gov, or (919) 541-1358.
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