Rule2024-22386
Air Plan Approval; Pennsylvania; Oil and Natural Gas Control Measures for 2008 and 2015 Ozone National Ambient Air Quality Standards
Primary source
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Published
October 1, 2024
Effective
October 31, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania. The revision establishes and requires reasonably available control technology (RACT) requirements for the 2008 and 2015 ozone national ambient air quality standards (NAAQS) for each category of volatile organic compound (VOC) sources in Pennsylvania covered by the EPA's 2016 Control Techniques Guidelines (CTG) for the oil and gas industry. EPA is also approving Allegheny County, Pennsylvania's SIP revision, which incorporates by reference the above Pennsylvania regulations for the 2016 CTG for oil and gas into the Allegheny County SIP with minor changes to reference Allegheny County's existing regulations. This action is being taken under the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 89 Issue 190 (Tuesday, October 1, 2024)</title>
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[Federal Register Volume 89, Number 190 (Tuesday, October 1, 2024)]
[Rules and Regulations]
[Pages 79752-79756]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22386]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2023-0300; FRL-11403-02-R3]
Air Plan Approval; Pennsylvania; Oil and Natural Gas Control
Measures for 2008 and 2015 Ozone National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Commonwealth of
Pennsylvania. The revision establishes and requires reasonably
available control technology (RACT) requirements for the 2008 and 2015
ozone national ambient air quality standards (NAAQS) for each category
of volatile organic compound (VOC) sources in Pennsylvania covered by
the EPA's 2016 Control Techniques Guidelines (CTG) for the oil and gas
industry. EPA is also approving Allegheny County, Pennsylvania's SIP
revision, which incorporates by reference the above Pennsylvania
regulations for the 2016 CTG for oil and gas into the Allegheny County
SIP with minor changes to reference Allegheny County's existing
regulations. This action is being taken under the Clean Air Act (CAA).
DATES: This final rule is effective on October 31, 2024.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2023-0300. All documents in the docket are listed on
the <a href="http://www.regulations.gov">www.regulations.gov</a> website. Although listed in the index, some
information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
<a href="http://www.regulations.gov">www.regulations.gov</a>, or please contact the person identified in the For
Further Information Contact section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Michael O'Shea, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1600 John F. Kennedy
Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is
(215) 814-2064. Dr. O'Shea can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#224d514a47430c4f4b414a43474e624752430c454d54"><span class="__cf_email__" data-cfemail="741b071c11155a191d171c151118341104155a131b02">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On December 12, 2022, the Pennsylvania
Department of Environmental Protection (PADEP) submitted a revision to
its SIP establishing RACT requirements for the 2008 and 2015 ozone
NAAQS to control VOC emissions from sources covered by EPA's 2016 CTG
for the oil and gas industry. On September 8, 2023, PADEP submitted, on
behalf of Allegheny County Health Department (ACHD), a revision to the
Allegheny County SIP (Allegheny County SIP submission/submittal)
incorporating by reference (IBR) the aforementioned Pennsylvania
regulations.
I. Background
On June 28, 2024 (89 FR 53932), EPA published a notice of proposed
rulemaking (NPRM) for the Commonwealth of Pennsylvania and Allegheny
County. In the NPRM, EPA proposed approval of Pennsylvania's SIP
submittal and ACHD's SIP submittal. The formal SIP revisions were
submitted by Pennsylvania on December 12, 2022 and by PADEP on behalf
of ACHD on September 8, 2023.\1\ The Pennsylvania submittal establishes
RACT requirements for the 2008 and 2015 ozone NAAQS for each category
of VOC sources in Pennsylvania covered by EPA's October 27, 2016
``Final Control Techniques Guidelines for the Oil and Natural Gas
Industry'' (EPA's 2016 Oil and Gas CTG) (81 FR 74798). The Allegheny
County, Pennsylvania submittal addresses the same CTG by incorporating
the Pennsylvania regulations into the Allegheny County SIP with minor
changes to reference Allegheny County's existing regulations. These SIP
revisions were submitted to meet the requirement in CAA section
182(b)(2)(A) and (B) that states with ozone nonattainment areas
classified as Moderate or above 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) also extends this RACT
obligation to all areas of states within the Ozone Transport Region
(OTR). The entire state of Pennsylvania is within the OTR (See CAA
section 184(a)), and has one ozone nonattainment area classified as
moderate or above.\2\ A more complete discussion of the purpose and
history of these SIP revisions can be found in EPA's NPRM.
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\1\ The PADEP and ACHD SIP submittals are located in the docket
for this final rule and can be found under Docket ID Number EPA-R03-
OAR-2023-0300 at <a href="http://www.regulations.gov">www.regulations.gov</a>.
\2\ The Pennsylvania portion of the Philadelphia-Wilmington-
Atlantic City, PA-NJ-MD-DE area is classified as Serious
nonattainment for the 2015 ozone NAAQS (See 89 FR 61025 (July 30,
2024)).
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II. Summary of the SIP Revisions and EPA's Analysis
Pennsylvania's and Allegheny County's SIP submissions included two
separate sets of nearly identical regulations for two types of oil and
natural gas sources as defined by Pennsylvania and Allegheny County:
``conventional'' oil and gas sources, and ``unconventional'' oil and
gas sources. EPA's 2016 Oil and Gas CTG does not distinguish between
the two types of sources. Despite being separate, both regulations
(Regulation #7-544, entitled ``Control of VOC Emissions from
Unconventional Oil and Natural Gas Sources,'' and Regulation #7-580,
entitled ``Control of VOC Emissions from Conventional Oil and Natural
Gas
[[Page 79753]]
Sources,'') \3\ are nearly identical and have no technical
differences.\4\ ACHD is incorporating by reference the requirements of
regulations 7-544 and 7-580 into Allegheny County's regulations.\5\
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\3\ The NPRM incorrectly identified Regulation #7-544 as
Conventional well regulations and Regulation #7-580 as
Unconventional regulations.
\4\ Both final regulations can be found in the Pennsylvania
Bulletin at 52 Pa. B. 7635, and 52 Pa. B. 7587 (December 10, 2022),
at <a href="http://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol52/52-50/1925.html&d=reduce">www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol52/52-50/1925.html&d=reduce</a> (conventional) and
<a href="http://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol52/52-50/1924.html&d=reduce">www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol52/52-50/1924.html&d=reduce</a> (unconventional).
\5\ The ACHD Rules and Regulations in Article XXI, Air Pollution
Controls, are amended. The SIP revision adds Sec. 2105.87,
``Control of VOC Emissions from Unconventional and Conventional Oil
and Natural Gas Industry Sources,'' to Article XXI. Section 2105.87
IBRs PADEP's final regulations, which are found at 52 Pa.B. 5287 and
52 Pa.B. 7635.
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Regulation #7-580 amends 25 Pennsylvania Code (Pa. Code) Chapter
129 by adding provisions (sections 129.131 through 129.140) imposing
RACT-level controls for VOC emissions from certain sources within
``conventional'' oil and natural gas operations, including
recordkeeping and reporting requirements. Regulation #7-544 amends 25
Pa. Code Chapters 121 and 129 by adding provisions (sections 129.121
through 129.130) imposing RACT-level VOC emissions controls for certain
sources in ``unconventional'' oil and natural gas operations, including
recordkeeping and reporting requirements. Both sets of regulations
apply to similar sources of VOC emissions, including pneumatic
controllers, diaphragm pumps, compressors, fugitive emission
components, and storage vessels within certain areas.
EPA reviewed Pennsylvania's and Allegheny County's SIP submissions
containing regulations establishing RACT requirements for categories of
sources identified in EPA's 2016 Oil and Gas CTG for both the 2008 and
2015 Ozone NAAQS, and proposed to approve these submissions as SIP
revisions in our June 28, 2024 NPRM. A full discussion of EPA's
rationale for approving these SIP submissions is available in the NPRM
and also in the EPA's technical support document (TSD) accompanying the
NPRM, which is in the docket for this action. EPA's analysis included a
discussion of PADEP's economic feasibility analyses for sources covered
by the CTG recommendations and of PADEP's comparison of their
regulations to those adopted by other states and localities. EPA's
analysis also compared requirements for testing, recordkeeping, and
reporting of information in PADEP's oil and gas regulations to the 2016
Oil and Gas CTG's recommendations. Other specific requirements of the
RACT SIPs and the rationale for EPA's proposed action are explained in
more detail in the NPRM and the TSD. The NPRM and TSD are available in
the docket for this rule at <a href="http://www.regulations.gov">www.regulations.gov</a>, Docket ID Number EPA-
R03-OAR-2023-0300.
III. EPA's Response to Comments Received
EPA received two comments on the proposed rulemaking. One of the
comments is not relevant to this action and will not be addressed. Our
response to the relevant comment is below. Both comments are available
in the docket for this action.
Comment: One commentor was supportive of the proposed revisions.
They outlined the impact of air quality on daily life and the impact of
reducing VOCs. Overall, the commentor supported the action.
Response: EPA thanks the commentor for this supportive comment.
IV. Final Action
EPA is approving Pennsylvania's December 12, 2022 SIP submittal and
Allegheny County's September 8, 2023 SIP submittal as satisfying the
CAA requirement to implement RACT for each category of VOC sources
covered by EPA's 2016 Oil and Gas CTG, as required by CAA section
182(b)(1)(B) for Moderate ozone nonattainment areas, and also for any
VOC sources covered by the EPA 2016 Oil and Gas CTG for states in the
Ozone Transport Region, as required by CAA section 184(b)(1)(B), for
both the 2008 and 2015 ozone NAAQS.
Specifically, as they appeared in the Pennsylvania Bulletin on
December 10, 2022 (52 Pa. B. 7635, and 52 Pa. B. 7587), Pennsylvania
added sections 129.121-130 and amended section 121.1 to support the
chapter 129 amendments. Additionally, Pennsylvania added sections
129.131-129.140. Furthermore, ACHD IBRed the regulations found at the
Pennsylvania Bulletin (52 Pa. B. 7635, and 52 Pa. B. 7587) published on
December 10, 2022, into Article XXI of its regulations, creating a new
section, Sec. 2105.87. The SIP revision does not include the last
sentence of section 2105.87a, which is noted in strikethrough in ACHD's
submittal.
V. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of
Pennsylvania's amendments made to 25 Pa. Code Chapter 121 and 129
(relating to general provisions; and standards for sources), and also
Allegheny County's incorporation by reference of Pennsylvania's
amendments, as described in sections II and IV of this preamble. EPA
has made, and will continue to make, these materials generally
available through <a href="http://www.regulations.gov">www.regulations.gov</a> and at the EPA Region III Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information). Therefore,
these materials have been approved by EPA for inclusion in the SIP,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rule of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\6\
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\6\ 62 FR 27968 (May 22, 1997).
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VI. Statutory and Executive Order Reviews
A. General Requirements
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 approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, 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
[[Page 79754]]
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); and
<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 Clean Air Act;
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the 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).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
PADEP and Allegheny County did not evaluate environmental justice
considerations as part of its SIP submittals; the CAA and applicable
implementing regulations neither prohibit nor require such an
evaluation. EPA did not perform an EJ analysis and did not consider EJ
in this action. Consideration of EJ is not required as part of this
action, and there is no information in the record inconsistent with the
stated goal of E.O. 12898 of achieving environmental justice for people
of color, low-income populations, and Indigenous peoples.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 2, 2024. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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. This action pertaining to reasonably available control
technology requirements for the 2008 and 2015 ozone NAAQS related to
EPA's 2016 oil and gas control technique guidelines may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2020:
0
a. The table in paragraph (c)(1) is amended:
0
i. Under ``Chapter 121--General Provisions'' by adding a fifth entry
for ``Section 121.1'' before the entry ``Section 121.2''; and
0
ii. Under ``Chapter 129--Standards for Sources'' adding the subheading
``Control of VOC Emissions from Unconventional and Conventional Oil and
Natural Gas Sources'' and the entries ''Section 129.121'' through
``Section 129.140'' immediately after the entry for ``Section
129.107''; and
0
b. The table in paragraph (c)(2) is amended under the heading ``Subpart
7--Miscellaneous VOC Sources'' by adding the entry ``2105.87'' in
numerical order.
The additions read as follows:
Sec. 52.2020 Identification of plan.
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(c) * * *
(1) * * *
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State Additional explanation/
State citation Title/subject effective date EPA approval date Sec. 52.2063 citation
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Title 25--Environmental Protection
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Article III--Air Resources
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Chapter 121--General Provisions
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[[Page 79755]]
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Section 121.1.................. Definitions....... 12/10/2022 10/1/24, [INSERT Adds definition for the
FEDERAL REGISTER term ``ppm'' and
CITATION]. amends the following
definitions: ``CPMS,''
``Fugitive
emissions,'' and
``Responsible
official'' to support
the amendments to
Chapter 129.
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Chapter 129--Standards for Sources
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Control of VOC Emissions from Unconventional and Conventional Oil and Natural Gas Sources
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129.121........................ General provisions 12/10/22 10/1/24, [INSERT Controlling VOC
and applicability. FEDERAL REGISTER emissions from
CITATION]. unconventional oil and
natural gas sources.
129.122........................ Definitions, 12/10/22 10/1/24, [INSERT Controlling VOC
acronyms, and EPA FEDERAL REGISTER emissions from
methods. CITATION]. unconventional oil and
natural gas sources.
129.123........................ Storage vessels... 12/10/22 10/1/24, [INSERT Controlling VOC
FEDERAL REGISTER emissions from
CITATION]. unconventional oil and
natural gas sources.
129.124........................ Natural gas-driven 12/10/22 10/1/24, [INSERT Controlling VOC
continuous bleed FEDERAL REGISTER emissions from
pneumatic CITATION]. unconventional oil and
controllers. natural gas sources.
129.125........................ Natural gas-driven 12/10/22 10/1/24, [INSERT Controlling VOC
diaphragm pumps. FEDERAL REGISTER emissions from
CITATION]. unconventional oil and
natural gas sources.
129.126........................ Compressors....... 12/10/22 10/1/24, [INSERT Controlling VOC
FEDERAL REGISTER emissions from
CITATION]. unconventional oil and
natural gas sources.
129.127........................ Fugitive emissions 12/10/22 10/1/24, [INSERT Controlling VOC
components. FEDERAL REGISTER emissions from
CITATION]. unconventional oil and
natural gas sources.
129.128........................ Covers and closed 12/10/22 10/1/24, [INSERT Controlling VOC
vent systems. FEDERAL REGISTER emissions from
CITATION]. unconventional oil and
natural gas sources.
129.129........................ Control devices... 12/10/22 10/1/24, [INSERT Controlling VOC
FEDERAL REGISTER emissions from
CITATION]. unconventional oil and
natural gas sources.
129.130........................ Recordkeeping and 12/10/22 10/1/24, [INSERT Controlling VOC
reporting. FEDERAL REGISTER emissions from
CITATION]. unconventional oil and
natural gas sources.
129.131........................ General provisions 12/2/22 10/1/24, [INSERT Controlling VOC
and applicability. FEDERAL REGISTER emissions from
CITATION]. conventional oil and
natural gas sources.
129.132........................ Definitions, 12/2/22 10/1/24, [INSERT Controlling VOC
acronyms and EPA FEDERAL REGISTER emissions from
methods. CITATION]. conventional oil and
natural gas sources.
129.133........................ Storage vessels... 12/2/22 10/1/24, [INSERT Controlling VOC
FEDERAL REGISTER emissions from
CITATION]. conventional oil and
natural gas sources.
129.134........................ Natural gas-driven 12/2/22 10/1/24, [INSERT Controlling VOC
continuous bleed FEDERAL REGISTER emissions from
pneumatic CITATION]. conventional oil and
controllers. natural gas sources.
129.135........................ Natural gas-driven 12/2/22 10/1/24, [INSERT Controlling VOC
diaphragm pumps. FEDERAL REGISTER emissions from
CITATION]. conventional oil and
natural gas sources.
129.136........................ Compressors....... 12/2/22 10/1/24, [INSERT Controlling VOC
FEDERAL REGISTER emissions from
CITATION]. conventional oil and
natural gas sources.
129.137........................ Fugitive emissions 12/2/22 10/1/24, [INSERT Controlling VOC
components. FEDERAL REGISTER emissions from
CITATION]. conventional oil and
natural gas sources.
129.138........................ Covers and closed 12/2/22 10/1/24, [INSERT Controlling VOC
vent systems. FEDERAL REGISTER emissions from
CITATION]. conventional oil and
natural gas sources.
129.139........................ Control devices... 12/2/22 10/1/24, [INSERT Controlling VOC
FEDERAL REGISTER emissions from
CITATION]. conventional oil and
natural gas sources.
[[Page 79756]]
129.140........................ Recordkeeping and 12/2/22 10/1/24, [INSERT Controlling VOC
reporting. FEDERAL REGISTER emissions from
CITATION]. conventional oil and
natural gas sources.
* * * * * * *
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* * * * *
(2) * * *
----------------------------------------------------------------------------------------------------------------
State Additional explanation/
Article XX or XXI citation Title/subject effective date EPA approval date Sec. 52.2063 citation
----------------------------------------------------------------------------------------------------------------
Subpart 7--Miscellaneous VOC Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2105.87........................ Control of VOC 2/5/23 10/1/24, [INSERT Incorporates by
Emissions from FEDERAL REGISTER reference the
Unconventional CITATION]. Pennsylvania
and Conventional Department of
Oil and Natural Environmental
Gas Industry Protection regulations
Sources. for ``unconventional''
and ``conventional''
oil and natural gas
sources promulgated at
52 Pa.B. 5287 and 52
Pa.B 7635 (both
published on December
10, 2022). The SIP
revision does not
include the last
sentence of Sec.
2105.87.a, which is
noted in
strikethrough.
* * * * * * *
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* * * * *
[FR Doc. 2024-22386 Filed 9-30-24; 8:45 am]
BILLING CODE 6560-50-P
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