Proposed Rule2022-12831
Approval and Promulgation of Implementation Plans; New York; Oil and Natural Gas Control Measures
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 15, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the state of New York. The revision provides the State's control measures for facilities within its borders subject to EPA's 2016 Control Techniques Guideline (CTG) for the oil and natural gas industry. The intended effect of this action is to approve this item into the New York SIP and satisfy the requirement for the CTG. This action is being taken in accordance with the requirements of the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 87 Issue 115 (Wednesday, June 15, 2022)</title>
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[Federal Register Volume 87, Number 115 (Wednesday, June 15, 2022)]
[Proposed Rules]
[Pages 36096-36101]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12831]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R02-OAR -2022-0450, FRL-9927-01-R02]
Approval and Promulgation of Implementation Plans; New York; Oil
and Natural Gas Control Measures
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
state of New York. The revision provides the State's control measures
for facilities within its borders subject to EPA's 2016 Control
Techniques Guideline (CTG) for the oil and natural gas industry. The
intended effect of this action is to approve this
[[Page 36097]]
item into the New York SIP and satisfy the requirement for the CTG.
This action is being taken in accordance with the requirements of the
Clean Air Act (CAA).
DATES: Written comments must be received on or before July 15, 2022.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2022-0450 at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit <a href="http://www2.epa.gov/dockets/commenting-epa-dockets">http://www2.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Omar Hammad, Environmental Protection
Agency, 290 Broadway, New York, New York 10007-1866, at (212) 637-3347,
or by email at <a href="/cdn-cgi/l/email-protection#5b133a36363a3f7514363a291b3e2b3a753c342d"><span class="__cf_email__" data-cfemail="f4bc9599999590dabb999586b4918495da939b82">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
A. Final Control Techniques Guidelines for the Oil and Natural
Gas Industry
B. Finding of Failure To Submit
II. Summary of New York's Submission and EPA's Analysis
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
A. Final Control Techniques Guidelines for the Oil and Natural Gas
Industry
On October 27, 2016, EPA published in the Federal Register the
``Final Control Techniques Guidelines for the Oil and Natural Gas
Industry'' (CTG) (81 FR 74798, October 27, 2016). The CTG provided
information to state, local, and tribal air agencies to assist them in
determining reasonably available control technology (RACT) for volatile
organic compounds (VOC) emissions from select oil and natural gas
industry emission sources. CAA section 182(b)(2)(A) requires that for
ozone nonattainment areas classified as Moderate or above, states must
revise their SIPs to include provisions to implement RACT for each
category of VOC sources covered by a CTG document. CAA section
184(b)(1)(B) extends the RACT obligation to all areas of states within
the Ozone Transport Region (OTR). In addition to New York being
classified as nonattainment for the 2008 and 2015 ozone standards for
the New York portion of the New York-Northern New Jersey-Long Island,
NY-NJ-CT area, New York is a member state of the OTR. States subject to
RACT requirements are required to adopt controls that are at least as
stringent as those found within the CTG either via the adoption of
regulations, or by issuance of single source orders or permits that
outline what the source is required to do to meet RACT.
B. Finding of Failure To Submit
On October 29, 2020,\1\ the U.S. Environmental Protection Agency
(EPA) found that California, Connecticut, New York, Pennsylvania, and
Texas failed to submit State Implementation Plan (SIP) revisions in a
timely manner to satisfy the Clean Air Act's reasonably available
control technology requirements (RACT) associated with EPA's 2016 Oil
and Natural Gas Industry Control Techniques Guidelines (CTG).
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\1\ The finding of failure to submit for the oil and natural gas
CTG was issued for the 2008 NAAQS on November 16, 2020 (85 FR 72963,
November 16, 2020), with an effective date of December 16, 2020, and
for the 2015 NAAQS on December 16, 2021 (86 FR 71385, December 16,
2021), with an effective date of January 18, 2022.
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These findings of failure to submit established a 24-month deadline
for EPA to either approve SIPs or finalize Federal Implementation Plans
(FIPs) that address the CTG in each area or OTR state. This action also
established timelines for the implementation of two mandatory sanctions
that will begin if the named states do not submit complete SIPs to
address the CTG: (1) Eighteen months after the effective date of these
findings, a 2-to-1 offset ratio for the nonattainment New Source Review
(NSR) permitting program will go into effect, such that for every unit
of VOC or nitrogen oxide (NO<INF>X</INF>) emissions a new or modified
source will contribute to the nonattainment area or OTR state, two
units must be reduced; and (2) six months after the date of offset
sanctions, federal highway funding may be withheld in nonattainment
areas. For the OTR states, such highway sanctions would apply only in
nonattainment areas in those states. If the OTR state does not contain
any nonattainment areas, then the highway sanctions would not apply in
that state.
II. Summary of New York's Submission and EPA's Analysis
On March 21, 2022, New York submitted for approval a SIP revision
to incorporate the adoption of Title 6 of the New York Codes, Rules,
and Regulations (NYCRR) Part 200, ``General Provisions,'' and Part 203,
``Oil and Natural Gas Sector,'' as adopted on January 18, 2022.\2\ Part
200, section 200.9, amends Table 1 to add regulation 203-7.1(a) with a
Code of Federal Regulations (CFR) citation of ``40 CFR part 60,
appendix A-7 (July 1, 2017).'' Part 203 sets monitoring, operational,
and reporting requirements for the oil and natural gas sector
statewide. The adoption of part 203 is meant to satisfy the
requirements to implement EPA's 2016 Oil and Natural Gas CTG within the
2008 and 2015 ozone nonattainment areas and statewide OTR requirements.
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\2\ The submittal was deemed complete on April 8, 2022, this
completeness determination stops the 2-1 NSR offset ratio and
federal highway funding sanction clocks.
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203-1 Applicability
Part 203 applies to owners and operators of equipment and
components that are associated with sources in the following oil and
natural gas sectors: (1) Oil and natural gas production, (2) oil,
condensate, and produced water separation and storage; (3) natural gas
storage; (4) natural gas gathering and boosting; (5) natural gas
transmission and compressor stations; and (6) natural gas metering and
regulating stations. Part 203 does not apply to distributing gas
utilities or to equipment and components located downstream of a
Citygate.
EPA's 2016 CTG applies to: (1) Storage vessels, such as a tanks or
other vessels in the oil and natural gas industry that contain an
accumulation of crude oil, condensate, intermediate hydrocarbon
liquids, or produced water, and that are constructed primarily of non-
earthen materials (such as wood, concrete, steel, fiberglass, or
plastic) that provide structural support; (2) compressors, applicable
to centrifugal and reciprocating compressors in the oil and natural gas
industry located between the wellhead and point of custody transfer to
the natural gas transmission and storage segment; (3)
[[Page 36098]]
pneumatic controllers, applicable to natural gas-driven pneumatic
controllers in the oil and natural gas industry located between the
wellhead and a natural gas processing plant (including the natural gas
processing plant) or between the wellhead and the point of custody
transfer to an oil pipeline; (4) pneumatic pumps, applicable to natural
gas-driven chemical/methanol and diaphragm pumps located at natural gas
processing plants and well sites; (5) equipment leaks from natural gas
processing plants, applicable to the group of all equipment (except
compressors and sampling connection systems) within a process unit
located at a natural gas processing plant in VOC service or in wet gas
service, and any device or system that is used to control VOC emissions
(e.g., a closed vent system); and (6) fugitive emissions from well
sites and gathering boosting stations, applicable to the collection of
fugitive emissions components at well sites with an average production
of greater than 15 barrel equivalents per well per day (15 barrel
equivalents) and the collection of fugitive emissions components at
gathering and boosting stations in the production segment.
EPA finds that Subpart 203-1 of New York's part 203, ``Oil and
Natural Gas Sector'' satisfies the applicability requirements of the
2016 CTG and applies to a wider range than what is required in the 2016
CTG. Part 203 applies to all wells in New York. The New York State
Department of Environmental Conservation (NYSDEC) did not adopt an
exemption for lower-producing wells.
Subparts 203-2, ``Oil and Natural Gas Well Activities,'' 203-3,
``Natural Gas Gathering Lines,'' 203-4.1, ``Storage Vessels,'' and 203-
4.2, ``Natural Gas Actuated Pneumatic Devices and Pumps''
Subparts 203-2, 203-3, and 203-4.1 require all storage vessels
located at oil and natural gas well sites with a potential to emit
greater than or equal to six tons per year (tpy) of VOC to either have
a vapor control efficiency of 95 percent if installed prior to 2023, or
to not vent to the atmosphere if installed after January 1, 2023.
Subparts 203-2, 203-3, and 203-4.2 require natural gas actuated
pneumatic devices and pumps located at oil and natural gas well sites,
gathering and boosting locations and compressor stations to prevent
venting of natural gas to the atmosphere beginning on January 1, 2023,
except for devices installed prior to 2023, that may be used provided
they do not vent natural gas at a rate greater than six standard cubic
feet per hour (scfh). When the device is idle and not actuating, the
devices must be clearly marked with a permanent tag that identifies the
vented emissions rate as less than or equal to six scfh. Devices must
be tested by January 1, 2024, and then tested annually thereafter, no
later than 13 months, and no earlier than 11 months from the previous
test using a direct measurement method (high volume sampling, bagging,
calibrated flow measuring instrument). Any device with a measured
emissions flow rate greater than six scfh shall be successfully
repaired within 14 days from the date of the initial emission flow rate
measurement. Beginning January 1, 2023, intermittent bleed natural gas
actuated pneumatic devices shall comply with the leak detection and
repair (LDAR) requirements specified in Subpart 203-7 when the device
is idle and not controlling. Beginning January 1, 2023, natural gas
actuated pneumatic pumps shall not vent natural gas to the atmosphere
and shall comply with the LDAR requirements specified in Subpart 203-7.
EPA's 2016 CTG lists various control options, such as routing
emissions to a process via a vapor recovery unit (VRU) with a 95
percent efficiency, routing emissions to a combustion device with an at
least 95 percent efficiency or routing the emissions to a VRU with a
combustion device as a backup with an assumed 95 percent emission
reduction. The recommended RACT level of control in the CTG is a
continuous 95 percent reduction of VOC.
EPA's 2016 CTG requires each diaphragm pump located at a well site
capture and route VOC emissions to an existing control device or
process that is located onsite, unless it is technically infeasible to
route emissions to the existing control device or process. 95 percent
control of VOC emissions must be controlled, unless the existing
control device or process cannot achieve 95 percent control. If the
existing control device cannot achieve a 95 percent control efficiency,
the emissions must nevertheless be routed to the existing onsite
control device to control emissions to the extent achievable.
Documentation of the percent control that the onsite control device is
designed to achieve must be maintained. If there is no existing control
device at the location of the pump, a certification that there is no
device must be submitted. If a control device is subsequently added to
the site where the pump is located, then the VOC emissions from the
pump must be captured and routed to the newly installed control device.
EPA finds that Subparts 203-2, 203-3, 203-4.1, and 203-4.2 of New
York's Part 203, ``Oil and Natural Gas Sector'' satisfy, and go beyond
the storage vessel and pneumatic pump RACT requirements of the 2016 CTG
by requiring at least a 95 percent emission control efficiency for
storage vessels installed prior to 2023 and eliminating venting for
storage vessels installed after January 1, 2023. Similarly, prohibiting
venting for pneumatic pumps at oil and natural gas wells, gathering and
boosting locations, and compressor stations installed after January 1,
2023, and limiting the measured emissions flow rate to six scfh for
devices installed prior to 2023 satisfy the RACT requirements of the
2016 CTG.
Subpart 203-4, ``Natural Gas Transmission Pipelines and Compressor
Stations''
Subpart 203-4.3 applies to centrifugal natural gas compressors
located at natural gas transmission compressor stations, and natural
gas underground storage facilities. This subpart does not apply to
centrifugal natural gas compressors that operate less than 200 hours
over a rolling 12-month period. Beginning on January 1, 2023,
centrifugal compressors with wet seals shall control the wet seal vent
gas with the use of a vapor collection system as described in Subpart
203-8 or shall replace the wet seal with a dry seal. Beginning on
January 1, 2023, components on driver engines and compressors that use
a wet seal, or a dry seal shall comply with the LDAR requirements
specified in Subpart 203-7. The compressor wet seal shall be measured
annually by direct measurement (high volume sampling, bagging,
calibrated flow measuring instrument) while the compressor is running
at normal operating temperature in order to determine the wet seal
emission flow rate. A compressor with a wet seal emission flow rate
greater than three scfm, or a combined flow rate greater than the
number of wet seals multiplied by three scfm, shall be successfully
repaired within 30 days of the initial flow rate measurement.
Subpart 203-4.4 applies to reciprocating natural gas compressors
located at natural gas transmission compressor stations, and natural
gas underground storage facilities. This subpart does not apply to
reciprocating natural gas compressors that operate fewer than 200 hours
over a rolling 12-month period. Beginning on January 1, 2023,
components on driver engines and
[[Page 36099]]
compressors shall comply with the LDAR requirements specified in
Subpart 203-7, with the exception of the rod-packing components, the
compressor rod packing, or seal emission flow rate through the rod
packing, or seal vent stack, which shall be measured annually by direct
measurement (high volume sampling, bagging, calibrated flow measuring
instrument) while the compressor is running at normal operating
temperature. Beginning on January 1, 2023, compressor vent stacks used
to vent rod packing or seal emissions shall be controlled with the use
of a vapor collection system as specified in Subpart 203-8. A
compressor with a rod packing or seal with a measured emission flow
rate greater than two scfm, or a combined rod packing or seal emission
flow rate greater than the number of compression cylinders multiplied
by two scfm, shall be successfully repaired within 30 days from the
date of the initial emission flow rate measurement.
Subpart 203-4.5 applies to blowdown activity at compressor stations
and transmission pipelines greater than 10,000 standard feet cubed
(scf) and requires notification to the NYSDEC and appropriate local
authorities of at least 48 hours in advance of a planned blowdown
event. If any of the information reported prior to the blowdown changed
during or after the blowdown, another notification to the NYSDEC and
appropriate local authorities shall be made with the updates no later
than 48 hours after the end of the planned blowdown. For unplanned
blowdowns, notification to the NYSDEC and appropriate local authorities
must be provided within 30 minutes of blowdown, or as soon as it is
safe to do so.
Subpart 203-4.6 applies to any Pigging activity along natural gas
pipelines and requires recording and reporting Pigging activities and
estimated natural gas loss to the NYSDEC by March 31st of each year for
the previous calendar year.
EPA's 2016 CTG requires VOC emissions to be reduced by at least 95
percent (the recommended RACT level of control) from a centrifugal
compressor equipped with a wet seal when using a control device or
other control measure (such as routing to a process). The centrifugal
compressor should be equipped with a cover that is connected through a
closed vent system that routes emissions to the control device (or
process) that meets the RACT level of control. The CTG does not
recommend that RACT apply to individual centrifugal compressors using
wet seals located at a well site, or an adjacent well site that
services more than one well site. The 2016 CTG recommends that each
reciprocating compressor reduce VOC emissions by replacing the rod
packing on or before 26,000 hours of operation or 36 months from the
date of the last rod packing replacement. It also recommends that an
alternative be provided to allow routing of rod packing emissions to a
process via a closed vent system under negative pressure in lieu of the
specified rod packing replacement periods. The CTG does not recommend
that RACT apply to individual reciprocating compressors located at a
well site, or an adjacent well site that services more than one well
site.
EPA finds that Subpart 203-4 of New York's part 203, ``Oil and
Natural Gas Sector'' satisfies or goes beyond the requirements of the
CTG. Subpart 203-4 goes beyond the CTG by requiring the use of vapor
collection systems and vapor control devices for centrifugal
compressors equipped with a wet seal, as well as requiring notification
for any blowdown or Pigging activities. Subpart 203-4 satisfies the CTG
by requiring reciprocating natural gas compressors to detect leaks and
repair them and requiring direct annual measurement for the rod packing
components, the compressor rod packing or seal emission flow rate
through the rod packing, or seal vent stack.
Subparts 203-5, ``Natural Gas Underground Storage Facilities'' and 203-
6, ``City Gate''
Subparts 203-5 and 203-6 apply to natural gas underground storage
facilities and metering and regulating components and require LDAR as
specified in Subpart 203-7.
EPA's 2016 CTG applies RACT to equipment leaks from natural gas
processing plants and recommends that RACT for natural gas processing
plants be the implementation of an LDAR program equivalent to what is
required under 40 CFR part 60 subpart VVa for equipment (with the
exception of compressors and sampling connection systems) in VOC
service.
EPA finds that Subparts 203-5 and 203-6 of New York's part 203,
``Oil and Natural Gas Sector'' satisfy and go beyond, the requirements
of the 2016 CTG. The NYSDEC requires LDAR, as specified in Subpart 203-
7, in order to monitor for methane (CH4) and VOC.
Subpart 203-7, ``Leak Detection and Repair''
Subpart 203-7 does not apply to components that are: (1) Buried
below ground, (2) used to supply compressed air to equipment or
instrumentation, (3) operating under a negative gauge pressure, or
below atmospheric pressure, or (4) used for general maintenance for
fewer than 15 days over a 12-month period if the owner or operator
maintains for at least five years, and can make available at the
request of the NYSDEC, a record of the date when the components were
installed and removed. Subpart 203-7 also does not apply to pneumatic
devices or pumps that use compressed air or electricity to operate and
a compressor rod packing, which is subject to annual emission flow rate
testing as specified in Subpart 203-4.4.
Subpart 203-7.1 requires all owners and operators to comply by
either: (1) Opting to comply using EPA Method 21, where fugitive
emission is defined as an instrument reading of 500 ppm CH4 and VOC,
500 ppm or greater of CH4 and VOC using a Flame Ionization Detector
(FID)-based instrument, and if an analyzer other than a FID-based
instrument is used, a site-specific fugitive emission definition must
be developed by the owner or operator that would be equivalent to 500
ppm of CH4 and VOC using a FID-based instrument. Such site-specific
fugitive emission definition is subject to approval by the NYSDEC; (2)
using optical gas imaging (OGI) equipment that is capable of imaging
gases in the spectral range for CH4 and VOC in the potential fugitive
emissions, and whose calibration and maintenance procedures comply with
those recommended by the manufacturer; and (3) using alternative
techniques that are approved by the NYSDEC in lieu of, or in
combination with, OGI, Method 21, or other previously approved
alternative methods. A proposed alternative method must be able to
demonstrate that it is capable of identifying leaks and that it is at
least as effective as the leak detection methods achieved using Method
21 or OGI.
Subpart 203-7.2, ``LDAR Frequency,'' requires that for oil and
natural gas wells, wellheads, and components subject to Subpart 203-2,
each well site shall be inspected by OGI, Method 21 or similar approved
alternative method semiannually, or one time over 24 months if using an
approved alternative method which offers continuous monitoring. For
natural gas gathering and boosting components subject to Subpart 203-3,
each gathering and boosting station shall be inspected by OGI, Method
21 or similar approved alternative method quarterly, or one time over
24 months if using an approved alternative method which offers
continuous monitoring. Natural gas transmission compressor station
[[Page 36100]]
components subject to Subpart 203-4 shall be inspected by OGI, Method
21, or similar approved alternative method bimonthly, at least 45 days
apart, or one time over 12 months if using an approved alternative
method which offers continuous monitoring. Storage facility components
subject to Subpart 203-5 shall be inspected by OGI, Method 21, or
similar approved alternative method bimonthly, at least 45 days apart,
or one time over 12 months if using an approved alternative method
which offers continuous monitoring. City gate components subject to
Subpart 203-6 shall be inspected by OGI, Method 21, or similar approved
alternative method quarterly, or one time over 12 months if using an
approved alternative method which offers continuous monitoring.
Subpart 203-7.3 applies to leaks and requires, upon detection of a
leak from any equipment or component subject to part 203, that the
owner or operator affix to that component a weatherproof, readily
visible tag that identifies the date and time of leak detection. The
owner or operator shall maintain for at least five years, and make
available upon request by the NYSDEC, a record of leaks identified, and
shall report to the NYSDEC within 60 days after the re-inspection of
repaired leaks is complete. Leaks shall be repaired within 30 days of
identification. Repaired leaks shall be re-inspected using the methods
specified in subpart 203-7 within 15 days of repair. Critical
components or critical process units shall be successfully repaired by
the end of the next process shutdown or within 12 months from the date
of initial leak detection, whichever is sooner. A delay of repair may
be granted by the NYSDEC under the following conditions: (1) The owner
or operator can demonstrate that the parts or equipment required to
make necessary repairs have been ordered. A delay of repair to obtain
parts or equipment shall not exceed 30 days, unless the owner or
operator notifies the NYSDEC to report the delay and provides an
estimated time by which the repairs will be completed, or (2) a gas
service utility can provide documentation, in a form suitable to the
NYSDEC, that a system has been temporarily classified as critical to
reliable public gas system operation as ordered by the utility's gas
control office.
EPA's 2016 CTG applies RACT to equipment leaks from natural gas
processing plants and recommends that RACT for natural gas processing
plants be the implementation of an LDAR program equivalent to what is
required under 40 CFR part 60 subpart VVa for equipment (with the
exception of compressors and sampling connection systems) in VOC
service. The subpart VVa leak detection and repair program requires the
annual monitoring of connectors using an organic vapor analyzer (OVA)
or toxic vapor analyzer (TVA) (with leaks defined as readings of at
least 500 ppm), monthly monitoring of valves (where again, leaks are
defined as readings of at least 500 ppm), and requires open-ended lines
and pressure relief devices to operate with no detectable emissions
(defined as emissions of less than 500 ppm above background).
EPA finds that Subpart 203-7 of New York's part 203, ``Oil and
Natural Gas Sector'' satisfies and goes beyond the requirements of the
2016 CTG. The NYSDEC requires LDAR, as specified in Subpart 203-7 in
order to monitor for CH4 and VOC.
Subpart 203-8, ``Vapor Collection Systems and Vapor Control Devices''
Beginning on January 1, 2023, Subpart 203-8 applies to equipment
that must be controlled using a vapor collection system and control
device pursuant to the requirements specified in Part 203. The vapor
collection system shall direct the collected vapors to a sales gas
system, or a fuel gas system. If no sales gas system or fuel gas system
is available at the facility, the owner or operator must control the
collected vapors by January 1, 2024. Any vapor control device required
must achieve at least 95 percent vapor collection control efficiency of
total emissions and must meet all applicable federal and state
requirements. Vapor collection systems and control devices may be taken
out of service for up to 30 days per rolling 12-month period to perform
maintenance while the facility continues to operate. A time extension
to perform maintenance not to exceed 14 days per 12-month period may be
granted by the NYSDEC. If an alternate vapor control device compliant
with section 203-8.1 is installed prior to conducting maintenance, and
the vapor collection and control system continues to collect and
control vapors during the maintenance operation consistent with the
applicable standards specified in Subpart 203-8, the event does not
count towards the 30-day limit. Vapor collection system and control
device shutdowns that result from emergencies are not subject to
enforcement action, provided the equipment resumes normal operation
immediately after the emergency.
EPA's 2016 CTG states that routing emissions to a process via a
vapor recovery unit (VRU) should have at least a 95 percent efficiency
rating.
EPA finds that Subpart 203-8 of New York's part 203, ``Oil and
Natural Gas Sector'' satisfies and goes beyond the requirements of the
CTG by requiring vapor recovery and control for a wider range of
applications in the oil and natural gas industry.
Subpart 203-9, ``Feasibility and Safety''
Subpart 203-9 states that a repair or replacement may not be
delayed unless it results in a vented blowdown, a gathering and
boosting station shutdown, a well shutdown, a well shut-in, or
rationale for continued operation is submitted to the NYSDEC to be
later deemed technically infeasible or unsafe by the New York State
Department of Public Service or other federal or state regulatory
agency.
The repair or replacement delay may be extended until the next
compressor station shutdown, the next gathering and boosting station
shutdown, well shutdown, well shut-in, the next unscheduled, planned or
emergency vent blowdown, or within one year.
EPA's 2016 CTG recommends certain RACT control requirements with
functional and safety exceptions.
EPA finds that Subpart 203-9 of New York's part 203, ``Oil and
Natural Gas Sector'' satisfies the requirements of the 2016 CTG.
Subpart 203-10, ``Reporting and Recordkeeping''
Subpart 203-10.1 requires baseline reporting and applies to all
sources as described in Section 203-1. Owners or operators of
components or processes subject to Subpart 203-10 must submit a report
to the NYSDEC by March 31, 2023, or by March 31st of the year following
initiation of operation. The report shall be in a format approved by
the NYSDEC and shall list the number and type of components, including
but not limited to the following: (1) Separators, (2) storage vessels,
(3) compressors, (4) gas drying systems, (5) pneumatic devices, and (6)
metering and regulating systems.
Subpart 203-10.2 requires recordkeeping. The recordkeeping
requirements for reciprocating natural gas compressors are to maintain
for at least five years the following: (1) A record from the date of
each rod packing leak concentration measurement found above the minimum
leak threshold as defined in Section 203-4.4; (2) a record of each rod
packing emission flow rate measurement from the date of each emissions
flow rate measurement; (3) a record that documents the date(s) and
hours of operation a compressor is
[[Page 36101]]
operated in order to demonstrate compliance with the rod packing leak
concentration or emission flow rate measurement in the event that the
compressor is not operating during a scheduled inspection; and (4)
records that provide proof that parts or equipment required to make
necessary repairs have been ordered and installed.
Owners or operators of centrifugal natural gas compressors must
maintain, for at least five years, the following: (1) A record of each
wet seal emission flow rate measurement from the date of each emissions
flow rate measurement; (2) a record that documents the date(s) and
hours of operation a compressor is operated in order to demonstrate
compliance with the wet seal emission flow rate measurement in the
event that the compressor is not operating during a scheduled
inspection; and (3) records that provide proof that parts or equipment
required to make necessary repairs have been ordered and installed.
Owners or operators of natural gas actuated pneumatic devices and
vapor collection system and vapor control devices must maintain, for at
least five years, the following: (1) A record of the emission flow rate
measurement; (2) a record of each LDAR inspection; (3) component leak
and repair documentation from the date of each inspection; (4) records
that provide proof that parts or equipment required to make necessary
repairs have been ordered and installed; and (5) gas service utility
records that demonstrate that a system has been temporarily classified
as critical to reliable public gas operation throughout the duration of
the classification period.
EPA's 2016 CTG recommends that air agencies specify operating,
recordkeeping, and reporting requirements to document compliance with
the CTG. When implementing an LDAR program, the CTG recommends that air
agencies consider including recordkeeping requirements that require
owners/operators of subject facilities to maintain a list of
identification numbers for all equipment subject to an equipment leak
regulation. The CTG appendix includes annual recordkeeping and
reporting requirements for pneumatic controllers, compressors,
pneumatic pumps, and fugitive emissions.
EPA finds that Subpart 203-10 of New York's part 203, ``Oil and
Natural Gas Sector,'' satisfies the requirements of the 2016 CTG.
III. Proposed Action
EPA is proposing to approve New York's part 200 ``General
Provisions'' section 200.9 amendment to Table 1 to add regulation 203-
7.1(a) with a CFR citation of ``40 CFR part 60, appendix A-7 (July 1,
2017).'' EPA is also proposing to approve part 203, ``Oil and Natural
Gas Sector'' control measure because it satisfies the 2016 Oil and
Natural Gas Industry CTG. EPA is soliciting public comments on the
issues discussed in this notice or on other relevant matters. These
comments will be considered before taking final action. Interested
parties may participate in the federal rulemaking procedure by
submitting written comments to this proposed rule by following the
instructions listed in the ADDRESSES section of this Federal Register.
IV. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the adoption of Title 6 of the NYCRR part 203, ``Oil and
Natural Gas Sector'' of the New York Administrative Code that
implements New York's RACT regulations for the oil and gas CTG,
including attendant revisions to 6 NYCRR part 200, ``General
Provisions,'' section 200.9, Table 1, ``Referenced material,'' as
described in section II of this preamble.
The EPA has made, and will continue to make, these materials
generally available through <a href="http://www.regulations.gov">www.regulations.gov</a> and/or at the EPA
Region 2 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
<bullet> Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 382, January 21,
2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
<bullet> Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rulemaking action, pertaining to New
York's oil and gas sector control measures submission, is not approved
to apply on any Indian reservation land or in any other area where the
EPA or an Indian tribe has demonstrated that a tribe has jurisdiction.
In those areas of Indian country, the proposed rule does not have
tribal implications and will not impose substantial direct costs on
tribal governments or preempt tribal law as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Lisa Garcia,
Regional Administrator, Region 2.
[FR Doc. 2022-12831 Filed 6-14-22; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.