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 March 6, 2020, the United States Environmental Protection Agency (EPA) made final
changes to the Federal Implementation Plan for new and modified true minor sources in
Indian country. These changes streamline the Clean Air Act permitting process for some oil
and natural gas production activities.

•	Specifically, the final rule allows for concurrent, rather than sequential, submission of two
sets of documents:

1.	the Part 1 Registration 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&NGFIP), and

2.	the screening procedures documentation for threatened or endangered species and historic
properties (protected resources).

•	This final rule could reduce, by up to 30 days, the time between a source owner/operator's
required submission of Endangered Species Act (ESA)/National Historic Preservation Act
(NHPA) screening documents and beginning construction.

•	Previously, a source was required to first submit their ESA/NHPA screening procedures
documentation to EPA for approval, and after receipt of approval, submit their Part 1 Form.
The source may not begin construction until 30 days after submittal of the Part 1 Form.

•	The final rule will allow owner/operators to submit the Part 1 Form concurrent with their
ESA/NHPA 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 final rule includes email as an optional form of written notification by the
EPA Regional Office to the source owner/operator and corrects several 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 that are designated as attainment or unclassifiable. 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.

ADDITIONAL INFORMATION:

•	Interested parties can download the proposal from EPA's web site on the Internet at:
https://www.epa.gov/nsr and on the tribal NSR page at https://www. epa.gov/tribal-air/tribal-
minor-new-source-review.

•	For additional information on this action, please contact Ben Garwood at
Garwood.ben(a),eya.gov, or (919) 541-1358.

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