Formally certifying that not one facility needs regulating — approving an absence as a rule
The Environmental Protection Agency proposed approving a negative declaration for Puerto Rico covering oil and gas facilities. It formally certifies that no covered existing facilities exist in the jurisdiction, and that certification is itself handled as a rule.
Document overview (primary data)
- Document typeProposed rule
- AgencyEnvironmental Protection Agency
- Citation91 FR 55313
Key points
- The Environmental Protection Agency proposed approving a negative declaration for Puerto Rico covering oil and gas facilities.
- A negative declaration formally certifies that no covered existing facilities exist in the jurisdiction.
- Where no covered facility exists, a negative declaration is submitted in place of an implementation plan.
- Even a conclusion that nothing is covered passes through open rulemaking with a comment period.
- Once approved, the absence of covered facilities at that time stands as a public record.
1Reporting an absence
Under the Clean Air Act, when the federal government sets emission guidelines for existing facilities, states and territories must submit plans implementing them. Sometimes, though, no such facility exists in a jurisdiction. What is submitted then is a negative declaration: in place of a plan, a formal report of the fact that there is nothing to cover.
Either way, the agency approves through rulemaking. Even a conclusion that there is nothing passes through an open procedure with a comment period.
2Why procedure is needed
A claim that nothing is covered is hard to verify from outside. Whether facilities truly do not exist, or have been overlooked, is not apparent to anyone but those involved. Running an open procedure creates an opening for those who know the circumstances to point to different facts. A comment period before approval reads as securing that check.
3The regulation at issue
- 1The federal government sets emission guidelinesFor greenhouse gas emissions from existing crude oil and natural gas facilities
- 2States and territories submit implementation plansApplying them to covered facilities in their jurisdiction
- 3Where no covered facility existsA negative declaration is submitted instead of a plan
- 4The agency approvesThis document is the proposal to do so
Here the guidelines concern greenhouse gas emissions from existing crude oil and natural gas facilities, and the filing states that Puerto Rico holds no existing facility falling within them.
4What the record preserves
Once approved, the absence of covered facilities at that time stands as a public record. Should such facilities be built later, circumstances will have changed and the matter will need addressing again.
This site also covers a case where a negative declaration for rubber tire manufacturing sources statewide was handled in the same rule as approval of a consent order, showing that negative declarations are sometimes processed alongside other measures.
Why it matters
Requiring open procedure even to confirm an absence supports the completeness of the regime. Approval records a point in time, so changed circumstances call for fresh action.
FAQ
What is a negative declaration?
Why does an absence require procedure?
Sources (primary)
Source: Federal Register (federal documents, public domain). Links go to the official site.