Rule2025-21788
Oil and Natural Gas Sector Climate Review: Extension of Deadlines in Standards of Performance for New, Reconstructed, and Modified Sources and Emissions Guidelines for Existing Sources
Primary source
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Published
December 3, 2025
Effective
December 3, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency (EPA) is taking final action to respond to comments on an interim final rule (IFR) related to the new source performance standards (NSPS) and emissions guidelines (EG) for crude oil and natural gas facilities established at 40 CFR part 60, subparts OOOOb and OOOOc. Specifically, the EPA is responding to comments on the IFR published in the Federal Register on July 31, 2025, that extended deadlines for certain provisions related to control devices, equipment leaks, storage vessels, process controllers, and covers/closed vent systems; extended the date for future implementation of the Super Emitter Program (SEP); and extended the State plan submittal deadline in OOOOc. After carefully considering comments received and testimony provided at a public hearing, the EPA concludes that the amendments made in the IFR are warranted and is making further changes to the compliance deadlines in the IFR related to net heating value (NHV) monitoring and the initial reporting deadline.
Full Text
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<title>Federal Register, Volume 90 Issue 230 (Wednesday, December 3, 2025)</title>
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[Federal Register Volume 90, Number 230 (Wednesday, December 3, 2025)]
[Rules and Regulations]
[Pages 55671-55681]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21788]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2025-0162; FRL-12675-02-OAR]
RIN 2060-AW61
Oil and Natural Gas Sector Climate Review: Extension of Deadlines
in Standards of Performance for New, Reconstructed, and Modified
Sources and Emissions Guidelines for Existing Sources
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The U.S. Environmental Protection Agency (EPA) is taking final
action to respond to comments on an interim final rule (IFR) related to
the new source performance standards (NSPS) and emissions guidelines
(EG) for crude oil and natural gas facilities established at 40 CFR
part 60, subparts OOOOb and OOOOc. Specifically, the EPA is responding
to comments on the IFR published in the Federal Register on July 31,
2025, that extended deadlines for certain provisions related to control
devices, equipment leaks, storage vessels, process controllers, and
covers/closed vent systems; extended the date for future implementation
of the Super Emitter Program (SEP); and extended the State plan
submittal deadline in OOOOc. After carefully considering comments
received and testimony provided at a public hearing, the EPA concludes
that the amendments made in the IFR are warranted and is making further
changes to the compliance deadlines in the IFR related to net heating
value (NHV) monitoring and the initial reporting deadline.
DATES: This final rule is effective on December 3, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2025-0162. All documents in the docket are
available on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed,
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 as pdf
versions that can only be accessed on the EPA computers in the docket
office reading room. Certain data bases and physical items cannot be
downloaded from the docket but may be requested by contacting the
docket office at (202) 566-1744. The docket office has up to 10
business days to respond to these requests. With the exception of such
material, publicly available docket materials are available
electronically in <a href="https://www.regulations.gov">https://www.regulations.gov</a> or on the EPA computers
in the docket office reading room at the EPA Docket Center, WJC West
Building, Room Number 3334, 1301 Constitution Ave. NW, Washington, DC.
The Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m.
Eastern Time (ET), Monday through Friday. The telephone number for the
Public Reading Room is (202) 566-1744, and the telephone number for the
EPA Docket Center is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Amy Hambrick, Sector Policies and
[[Page 55672]]
Programs Division (E143-05), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, 109 T.W. Alexander
Drive, P.O. Box 12055, RTP, North Carolina 27711; telephone number:
(919) 541-0964; and email address: <a href="/cdn-cgi/l/email-protection#e58d848887978c868ecb84889ca5809584cb828a93"><span class="__cf_email__" data-cfemail="d2bab3bfb0a0bbb1b9fcb3bfab92b7a2b3fcb5bda4">[email protected]</span></a>. Additional
questions may be directed to the following email address:
<a href="/cdn-cgi/l/email-protection#733c55343e16071b121d1621061f16331603125d141c05"><span class="__cf_email__" data-cfemail="5a157c1d173f2e323b343f082f363f1a3f2a3b743d352c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Preamble acronyms and abbreviations. Throughout this document the
use of ``we,'' ``us,'' or ``our'' is intended to refer to the EPA. We
use multiple acronyms and terms in this preamble. While this list may
not be exhaustive, to ease the reading of this preamble and for
reference purposes, the EPA defines the following terms and acronyms
here:
BSER best system of emission reduction
CAA Clean Air Act
CBI Confidential Business Information
CFR Code of Federal Regulations
CRA Congressional Review Act
CVS Closed Vent System
ECD Enclosed Combustion Device(s)
EG Emission Guideline
EPA Environmental Protection Agency
FR Federal Register
GHG greenhouse gases
IFR Interim Final Rule
Low-E low-emissions
LPE Legally and Practically Enforceable
NAICS North American Industry Classification System
NIE no identifiable emissions
NHV net heating value
NSPS new source performance standards
NTTAA National Technology Transfer and Advancement
OAQPS Office of Air Quality Planning and Standards
OMB Office of Management and Budget
OGI optical gas imaging
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
RIA regulatory impact analysis
RIN Regulatory Information Number
RTC Response to Comments
SEP Super Emitter Program
SIC standard industrial classification
TAR Tribal Authority Rule
TIP Tribal Implementation Plan
TOC Total Organic Compound
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code
VE Visible Emission
VOC volatile organic compound
Table of Contents
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document and other related
information?
C. What is the statutory authority for this final action?
D. Judicial Review and Administrative Review
II. Background and Summary
III. What amendments did we make in the 2025 interim final rule for
the Crude Oil and Natural Gas NSPS and EG, and what are our final
conclusions in this final rule?
A. Revised NSPS OOOOb for Control Devices
B. Revised NSPS OOOOb for Covers and Closed Vent Systems
C. Revised NSPS OOOOb for Equipment Leaks
D. Revised NSPS OOOOb for Process Controllers
E. Revised NSPS OOOOb for Storage Vessels
F. Revised NSPS OOOOb for Super Emitter Program
G. Revised NSPS OOOOb for Flare Pilot Flame and Alarm
Requirements
H. Revised EG OOOOc for State Plan Submittal Deadline
I. Additional Time for NSPS OOOOb Initial Annual Report
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Executive Order 14192: Unleashing Prosperity Through
Deregulation
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act (UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
J. National Technology Transfer and Advancement Act (NTTAA)
K. Congressional Review Act (CRA)
I. General Information
A. Does this action apply to me?
The source category that is the subject of this final action is the
Crude Oil and Natural Gas source category regulated under CAA section
111, New Source Performance Standards. Table 1 summarizes the 2024
North American Industry Classification System (NAICS) codes for the
source category.
Table 1--Industrial Source Categories Affected by the NSPS and EG
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Examples of regulated
Category NAICS code entities
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Industry....................... 211120 Crude Petroleum
Extraction.
211130 Natural Gas Extraction.
221210 Natural Gas
Distribution.
486110 Pipeline Distribution
of Crude Oil.
486210 Pipeline Transportation
of Natural Gas.
Federal Government............. Not affected.
State and Local Government..... Affected.
Tribal Government.............. 921150 American Indian and
Alaska Native Tribal
Governments.
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The NAICS codes outline the type of entities that this final action
likely will affect. Other types of entities not listed in the table
could also be affected by this action. The NSPS codified in 40 CFR part
60, subpart OOOOb, are directly applicable to affected facilities that
begin construction, reconstruction, or modification after December 6,
2022. Federal, State, local, and Tribal government entities would not
be affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, you should
carefully examine the applicability criteria found in 40 CFR part 60,
subparts OOOOb and OOOOc, and consult the person listed in the FOR
FURTHER INFORMATION CONTACT section of this preamble, your State air
pollution control agency with delegated authority for NSPS, or your EPA
Regional Office.
The deadline extensions in 40 CFR part 60, subpart OOOOc do not
impose binding requirements directly on existing sources. The EG
codified in subpart OOOOc, applies to States in the development,
submittal, and implementation of State plans to establish performance
standards to reduce emissions of greenhouse gases (GHG) from designated
facilities that are existing sources on or before December 6, 2022.
Under the Tribal Authority Rule (TAR), eligible tribes may seek
approval to implement a plan under CAA section 111(d) in a manner
similar
[[Page 55673]]
to a state.\1\ Tribes may, but are not required to, seek approval for
treatment as a State for purposes of developing a Tribal Implementation
Plan (TIP) implementing the EG codified in 40 CFR part 60, subpart
OOOOc. The TAR authorizes tribes to develop and implement their own air
quality programs, or portions thereof, under the CAA. However, it does
not require tribes to develop a CAA program. Tribes may implement
programs that are most relevant to their air quality needs. If a Tribe
does not obtain the authority from the EPA to establish a TIP, the EPA
has the authority to establish a Federal CAA section 111(d) plan for
designated facilities that are located in areas of Indian country.\2\ A
Federal plan would apply to all designated facilities located in the
areas of Indian country covered by the Federal plan unless and until
the EPA approves a TIP applicable to those facilities.
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\1\ See 40 CFR part 49, subpart A.
\2\ See the EPA's website, <a href="https://www.epa.gov/tribal/tribes-approved-treatment-state-tas">https://www.epa.gov/tribal/tribes-approved-treatment-state-tas</a>, for information on those Tribes that
have treatment as a State for specific environmental regulatory
programs, administrative functions, and grant programs.
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B. Where can I get a copy of this document and other related
information?
In addition to being available in the docket, an electronic copy of
this final action is available on the internet at <a href="https://www.epa.gov/controlling-air-pollution-oil-and-natural-gas-operations/2025-interim-final-rule-extend-compliance">https://www.epa.gov/controlling-air-pollution-oil-and-natural-gas-operations/2025-interim-final-rule-extend-compliance</a>. In accordance with 5 U.S.C. 553(b)(4), a
brief summary of this rule may be found at <a href="http://www.regulations.gov">www.regulations.gov</a>, Docket
ID No. EPA-HQ-OAR-2025-0162. Following publication in the Federal
Register, the EPA will post the Federal Register version of the final
rule and key documents at this same website.
C. What is the statutory authority for this final action?
The same CAA provision that provided authority to issue the
regulations being amended and the July 2025 IFR--CAA section 111--
provides the statutory authority to issue this final action, the change
the EPA is making to the NHV monitoring compliance deadline, and the
change to the initial reporting deadline.\3\
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\3\ 42 U.S.C. 7411.
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D. Judicial Review and Administrative Review
Under Clean Air Act (CAA) section 307(b)(1), judicial review of
this final action is available only by filing a petition for review in
the United States Court of Appeals for the District of Columbia Circuit
by February 2, 2026. Under CAA section 307(b)(2), the requirements
established by this final rule may not be challenged separately in any
civil or criminal proceedings to enforce the requirements.
Section 307(d) applies to this final rule.\4\ Section 307(d)(7)(B)
provides a mechanism for the EPA to convene a proceeding for
reconsideration ``[i]f the person raising an objection can demonstrate
to the EPA that it was impracticable to raise such objection within
[the period for public comment] or if the grounds for such objection
arose after the period for public comment (but within the time
specified for judicial review) and if such objection is of central
relevance to the outcome of the rule.'' Any person seeking to make such
a demonstration to us should submit a Petition for Reconsideration to
the Office of the Administrator, U.S. Environmental Protection Agency,
Room 3000, WJC South Building, 1200 Pennsylvania Ave. NW, Washington,
DC 20460, with a copy to both the person(s) listed in the preceding FOR
FURTHER INFORMATION CONTACT section, and the Associate General Counsel
for the Air and Radiation Law Office, Office of General Counsel (Mail
Code 2344A), U.S. Environmental Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460.
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\4\ See 42 U.S.C. 7607(d)(1)(C). The EPA issued the July 31,
2025 IFR pursuant to CAA section 307(d)(1), which authorizes the
issuance of a rule without prior notice and comment ``in the case of
any rule or circumstance referred to in subparagraphs (A) or (B) of
[APA section 533(b)].'' Id. 7607(d)(1); see 90 FR 35966, 35979 n.51
(July 31, 2025). We solicited post-promulgation comment on the
revised compliance deadlines in the IFR and on whether the action
should be further revised. Id. at 35980. We also granted a request
for a public hearing and held a virtual public hearing on September
2, 2025, which provided an opportunity to offer oral comments on the
revisions in the IFR, and extended the deadline for public comments
until October 3, 2025. 90 FR 39333 (Aug. 15, 2025); 90 FR 40975
(Aug. 22, 2025). This final rule falls under the actions specified
in CAA section 307(d)(1)(C) and is therefore subject to the
requirements of CAA section 307(d). For a full explanation of how
the EPA complied with CAA section 307(d), see the separate Response
to Comments document in the docket for this final rule.
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II. Background and Summary
In this section, the EPA summarizes relevant history to provide
context for this final action. For further discussion of regulatory
history for this source category and issues arising after promulgation
of the most recent substantive amendments to the NSPS, please see
section II.A of the preamble for the July 31, 2025 interim final rule
(``2025 IFR'').\5\
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\5\ 90 FR 35969-70.
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On March 8, 2024, the EPA published a final rule for the Crude Oil
and Natural Gas source category under CAA section 111(b) and (d)
(``2024 final rule'').\6\ The EPA finalized NSPS OOOOb for GHG and VOC
emissions from new, modified, and reconstructed sources in this source
category. The EPA also finalized EG OOOOc for GHG emissions from
existing sources in this source category, along with various other
regulatory amendments. The 2024 final rule became effective on May 7,
2024.
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\6\ Standards of Performance for New, Reconstructed, and
Modified Sources and Emissions Guidelines for Existing Sources: Oil
and Natural Gas Sector Climate Review, 89 FR 16820 (Mar. 8, 2024).
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After publication of the 2024 final rule, the EPA received multiple
petitions for reconsideration and determined, including through ongoing
and recent communications with stakeholders and review of the relevant
regulatory language, that certain discrete provisions in the 2024 final
rule presented immediate problems related to compliance.\7\ The EPA's
review of the issues raised in petitions for reconsideration and other
information presented to the EPA after promulgating the 2024 final
rule, as well as the EPA's experience implementing certain aspects of
the 2024 final rule and review of relevant regulatory text, resulted in
the EPA issuing an IFR on July 31, 2025. In the 2025 IFR, the EPA
amended certain compliance deadlines and timeframes for implementation
in response to information received after promulgation of the 2024
final rule to address significant concerns, raised by stakeholders and
through the EPA's own review, that certain regulatory provisions in the
2024 final rule were not workable or contained problematic regulatory
language that prevented compliance.
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\7\ The petitions for reconsideration that are relevant to this
action can be found in the rulemaking docket for this action (Docket
ID No. EPA-HQ-OAR-2025-0162).
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The 2024 final rule covers many different types of individual
emissions sources at thousands of facilities in the Crude Oil and
Natural Gas source category across the country. The 2024 final rule
included several provisions that subsequent developments have shown are
unworkable on the original timeframes for compliance in that final
rule. The EPA did not anticipate or intend these issues to result from
the 2024 final rule, and it is in the public interest and consistent
with the
[[Page 55674]]
purposes of the CAA to provide regulated entities sufficient time to
comply with the requirements of the 2024 final rule. Accordingly, in
the 2025 IFR, the EPA took the following actions with regard to
deadlines in the 2024 final rule:
<bullet> Extended the deadline to November 28, 2025, for continuous
monitoring of the vent gas net heating value of flares and enclosed
combustion control devices.
<bullet> Extended the deadline to January 22, 2027, to meet certain
requirements related to control devices, equipment leaks, storage
vessels, process controllers, and covers/closed vent systems.
<bullet> Extended the deadline to January 22, 2027, for States to
submit to the EPA plans to address existing oil and natural gas sources
pursuant to the 2024 Emission Guidelines (EG).
<bullet> Delayed the deadline for future implementation of the SEP
program to January 22, 2027, and similarly extended the timing for the
EPA to act on requests for approval of methane detection technology for
use in the SEP.
As explained in the 2025 IFR, the EPA found that prior notice and
comment was impracticable given the applicable compliance deadlines and
the timeline involved in completing such procedures.\8\ In the 2025
IFR, the EPA made timely, targeted changes to certain compliance and
implementation dates that had created unintended compliance
difficulties for regulated entities. Through ongoing communications
with stakeholders and review of relevant regulatory language, the EPA
determined that there were legitimate barriers to compliance and/or
questions as to whether certain regulatory provisions were practically
and logistically achievable as promulgated in the timeframes allowed by
the 2024 final rule. The targeted changes in the 2025 IFR provided the
immediate relief needed to avoid unnecessary and problematic situations
of owners and operators expending time and resources attempting to
comply in short amounts of time with particular regulatory provisions.
Notice and comment prior to the regulatory changes would have been
impracticable given the purpose of these targeted amendments, which was
to immediately provide the time required to address the issues
identified in the 2025 IFR, and the limited time in which the Agency
had to address the issues identified through ongoing review and
stakeholder engagement on the at-issue provisions.\9\
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\8\ 90 FR 35979-80.
\9\ Id.
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Based on information received in petitions for reconsideration and
other information discussed in the 2025 IFR, and after considering
public comments on the 2025 IFR, the EPA reaffirms in this final action
that the targeted revisions to compliance deadlines set forth in the
2025 IFR and summarized below are necessary, appropriate, and
consistent with the purposes of the 2024 final rule and the CAA.
Each conclusion and re-affirmation of the relative 2025 IFR change
included in this final rule is severable from the other, and each new
regulatory change in this final rule is severable from the other
regulatory changes in this final rule and from the conclusions and re-
affirmations of the changes in the 2025 IFR. First, each of the
deadlines amended in the 2025 IFR action is functionally independent
from the others--i.e., may operate in practice independently of the
other requirements being amended, such that the amendment of a deadline
in one set of requirements does not depend on the amendment of a
deadline in any other set of requirements. For example, amendments to
individual compliance deadlines in NSPS OOOOb function separately from
amendments to the State plan submittal deadline in EG OOOOc. Similarly,
amendments to the implementation deadline for the SEP and amendments to
timing for EPA action on methane detection technology for use in the
SEP function separately from amendments to individual compliance
deadlines to other aspects of the 2024 final rule. For similar reasons,
each of the decisions to reaffirm changes in the 2025 IFR is
independent from each of the other decisions to reaffirm, as well as
from each of the regulatory changes made in this final rule.
After issuing the July 31, 2025 IFR, the EPA solicited comments
until October 3, 2025, and held a public hearing on September 2, 2025.
We received comments from regulated industry, environmental groups,
State environmental agencies, community groups, Tribes, and others
during the comment period. While certain comments are briefly discussed
in this preamble, a summary of all public comments received on the 2025
IFR, and the EPA's responses to those comments, is available in the
document, ``Oil and Natural Gas Sector Climate Review: Extension of
Deadlines in Standards of Performance for New, Reconstructed, and
Modified Sources and Emissions Guidelines for Existing Sources:
Response to Public Comments on the July 31, 2025 Interim Final Rule''
(``Response to Public Comments document''), which is available in the
rulemaking docket.\10\
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\10\ See ``Oil and Natural Gas Sector Climate Review: Extension
of Deadlines in Standards of Performance for New, Reconstructed, and
Modified Sources and Emissions Guidelines for Existing Sources:
Response to Public Comments on the July 31, 2025 Interim Final
Rule,'' Docket ID No. EPA-HQ-OAR-2025-0162.
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In this final action, the EPA is reaffirming our decisions and
revisions in the 2025 IFR that address the Crude Oil and Natural Gas
NSPS and EG, is making a change to the compliance deadline for NHV
monitoring, and is also providing additional time for the submission of
initial annual reports. Specifically, the EPA is providing an
additional 180 days from the effective date of this final rule for
sources to comply with the NHV monitoring requirements and providing
360 days from the effective date of this final action for owners or
operators to submit annual reports. The EPA is taking this final action
after consideration of all the comments received by the close of the
comment period on October 3, 2025, and is not considering comments
received after this date. This final action does not reopen the
substance of the 2024 final rule or address the substantive amendments
requested in various petitions for reconsideration.\11\ In the 2025
IFR, the EPA requested comments only on compliance deadline issues,
which was the subject of that rule. Other than the deregulatory impacts
of the two additional extensions, the EPA is reaffirming the analysis
of the 2025 IFR and asserting that this final rule is anticipated to
have minimal economic impacts relative to those of the 2025 IFR.
However, because of the substantive comments provided on the 2025 IFR,
the EPA has provided a memorandum titled ``Affirmation of Economic
Impact Analysis for the Interim Final Rule'' that is available in the
docket that reaffirms the analysis conducted to support the 2025
IFR.\12\
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\11\ On January 15, 2025, the EPA proposed (in a rulemaking
action separate from the 2025 IFR) amendments to NSPS OOOOb and EG
OOOOc in response to petitions for reconsideration. The January 2025
proposal includes discrete technical changes to two aspects of the
2024 final rule. The two issues addressed in the January 2025
proposal are temporary flaring provisions for associated gas in
certain situations and vent gas NHV continuous monitoring
requirements and alternative performance test (sampling
demonstration) option for flares and ECDs. See 90 FR 35970 (citing
90 FR 3734 (Jan. 15, 2025)). The EPA continues to work on a final
rule stemming from that January 2025 proposal.
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[[Page 55675]]
III. What amendments did the EPA make in the 2025 interim final rule
for the Crude Oil and Natural Gas NSPS and EG, and what are our final
conclusions in this final rule?
The 2025 IFR extended certain compliance deadlines and timeframes
for implementation of the 2024 final rule. This section describes the
amendments made in the 2025 IFR and our final conclusions for each
topic. We received numerous public comments on the 2025 IFR, and our
responses to those comments are in the response to comment document
available in the docket for this final rule. Owners and operators,
industry groups, certain States, and others provided comments
supporting the extensions provided in the 2025 IFR. These commenters
stated that the extensions included in the 2025 IFR provided much
needed relief to sources forced to comply with provisions that were
unworkable on the timeline in the 2024 final rule. Some regulated
industry commenters emphasized the need for collaboration amongst
policy makers and industry partners to find solutions that will
meaningfully drive down emissions, while allowing U.S. independent
producers to meet the global demand for affordable and reliable crude
oil and natural gas.\13\ The EPA agrees with commenters stating ``[t]he
goal is a successful and safe implementation of the Final Rule that
protects both the environment and critical energy infrastructure.''
\14\ Some commenters asserted that ``[a]ny loss of production not only
jeopardizes the economic security of thousands of [state citizens] but
also threatens the nation's energy security.'' \15\ Some commenters
stated ``that harnessing our nation's abundant energy resources is
essential for energy security and will pay tremendous economic and
geopolitical dividends.'' \16\ One commenter stated that the extensions
avoid ``the untenable conflict of operators having to decide between
risking non-compliance, or shut-in of operations'' and applauded the
EPA ``for taking action consistent with Executive Order 14192
(Unleashing Prosperity through Deregulation) and Executive Order 14154
(Unleashing American Energy).'' \17\ These commenters also supported
the EPA's decision to issue the extensions via an IFR.
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\13\ EPA-HQ-OAR-2025-0162-0047.
\14\ EPA-HQ-OAR-2025-0162-0184.
\15\ EPA-HQ-OAR-2025-0162-0172.
\16\ EPA-HQ-OAR-2025-0162-0065.
\17\ EPA-HQ-OAR-2025-0162-0078.
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Environmental groups, certain States, and others submitted comments
opposing the 2025 IFR. Some commenters in opposition to the 2025 IFR
extensions contested the EPA's use of an IFR in the first instance,
with some claiming that ``[t]he good cause exception [of the
Administrative Procedure Act] does not apply in these circumstances.''
\18\ Other commenters criticized the asserted emissions impacts of the
2025 IFR (claiming that the forgone emissions benefits resulting from
the extensions are extensive and that the EPA's reasons provided for
the extensions do not justify these forgone benefits).\19\ Commenters
also asserted that the deadlines in the 2024 final rule were based on
careful balancing of technical feasibility, cost, and public health
benefits, and that the EPA's ``purported concerns'' expressed in the
2025 IFR ``are belied by the record and contradict EPA's own rationale
for the 2024 Methane Standards.'' \20\ Commenters also expressed
concern about the impacts on communities of delayed implementation of
the 2024 final rule deadlines.\21\
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\18\ EPA-HQ-OAR-2025-0162-0081.
\19\ EPA-HQ-OAR-2025-0162-0045.
\20\ EPA-HQ-OAR-2025-0162-0178.
\21\ EPA-HQ-OAR-2025-0162-0186.
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For the reasons stated in the 2025 IFR, the response to comment
document in the docket for this action, and this preamble, we are
reaffirming the extensions provided in the 2025 IFR and extending the
NHV monitoring provisions by an additional 180 days from the effective
date of this final rule. After reviewing and considering all adverse
comments submitted in response to the 2025 IFR, the EPA finds that the
extensions are still warranted. The EPA did not receive sufficient
information to show that a different course of action would be
appropriate, aside from the two additional changes that the EPA is
making in this final rule related to NHV and the compliance reporting
deadline. Further, the EPA's use of an IFR is no longer an issue
because the Agency solicited public comment, held a public hearing,
considered all comments, and respond to all substantive in-scope
comments. The EPA is also providing additional time for the submission
of initial annual reports, based on comments received. Specifically,
the EPA is providing 360 days from the effective date of this final
action for owners or operators to submit annual reports.
A. Revised NSPS OOOOb for Control Devices
In the 2025 IFR, the EPA extended the compliance dates related to
NHV monitoring of flares and enclosed combustion device(s) (ECD) found
in 40 CFR 60.5417b(d)(8)(i) through (iv) and (vi) by 120 days from
publication of the 2025 IFR (until November 28, 2025) to address the
supply chain, personnel, and laboratory limitations identified by
stakeholders, which we reasonably determined made compliance with the
requirements in the 2024 final rule infeasible. As explained below, in
light of public comments received, the Agency is providing an
additional 180 days from the effective date of this final rule for
sources to comply with the NHV monitoring requirements in the 2024
final rule. The new compliance date for these NHV monitoring provisions
will be June 1, 2026.
The EPA sought comment on the 120-day extension in the IFR and
indicated that the Agency may make ``additional adjustment to the
compliance timeline for the NHV requirements'' if needed.\22\ We
received multiple comments contending that the EPA should further
extend the 2025 IFR extension for NHV monitoring of flares and
ECDs.\23\ Commenters identified continued supply chain barriers,
logistical feasibility challenges related to necessary staffing needs,
and the ongoing demand for monitoring equipment and sampling vendors as
reasons for the continuing challenges with achieving compliance within
the timeframe set in the IFR.\24\ One commenter estimates it will take,
at a minimum, an additional six months to complete all NHV testing due
to the need to continue purchasing additional chromatograph equipment,
build out additional trailers to house the equipment that can travel to
individual sites, monitor sites for the 14-day required period, and
dedicate the necessary staff to overseeing that the testing, equipment,
and transportation is successfully completed.\25\ Another commenter
stated that by extending the compliance date by only 120 days from the
date of the 2025 IFR publication, there was still not sufficient time
for covered sources to avoid the various compliance-related challenges,
such as the ongoing supply chain issues that commenters do not expect
to be resolved in the near term.\26\
---------------------------------------------------------------------------
\22\ 90 FR 35971-72.
\23\ EPA-HQ-OAR-2025-0162-0164, EPA-HQ-OAR-2025-0162-0162, EPA-
HQ-OAR-2025-0162-0168, EPA-HQ-OAR-2025-0162-0154, EPA-HQ-OAR-2025-
0162-0027.
\24\ EPA-HQ-OAR-2025-0162-0078, EPA-HQ-OAR-2025-0162-0124, EPA-
HQ-OAR-2025-0162-0164.
\25\ EPA-HQ-OAR-2025-0162-0164.
\26\ EPA-HQ-OAR-2025-0162-0170.
---------------------------------------------------------------------------
The EPA carefully considered these comments and agrees that
additional
[[Page 55676]]
time is warranted for the covered sources to comply with the NHV
monitoring provisions in the 2024 final rule. The same logistical and
practical challenges that merited the 120-day extension in the IFR are
ongoing and unlikely to be resolved soon, and therefore present a
compelling need for additional time to comply. Accordingly, we are
finalizing an additional extension of 180 days from the effective date
of this final action to provide additional relief for the NHV
monitoring compliance deadline so that owners and operators have
necessary time to resolve these logistical and practical challenges.
Although some commenters requested longer extensions, we believe that
an additional extension of 180 days is appropriate. Based on experience
implementing this NSPS and similar regulatory provisions, we believe
that an additional 180-day relief period should be sufficient to
resolve the supply chain and logistical issues identified by the
commenter, and is also consistent with the standard 180 day time frame
provided in the NSPS General Provisions to demonstrate compliance with
a given testing or monitoring requirement once a rule is promulgated.
The availability of necessary equipment and personnel is subject to
fluctuation, but this window of time builds in an adequate opportunity
for individual sources to resolve compliance challenges without a one-
time rush to the market that depletes available resources.
Additionally, we note that owner and operators can bring ongoing
challenges to the Agency's attention should this predictive judgment
prove unfounded. For example, owner and operators may request
reconsideration of this final rule or otherwise engage with the Agency
in advance to address continued or emerging issues. The EPA also
received comments opposing the extension that claimed the EPA has
provided no data to support the need for delay, has ignored its own
longstanding requirements and recent rulemaking opportunities, and has
left a core emissions control obligation unenforceable. The EPA
disagrees with these comments. Performance testing provisions for ECDs
were untenable for NSPS OOOOb control devices under the deadlines in
the 2024 final rule because of the volume of ECDs that require testing,
the potential number of sampling location retrofits that may need to be
performed, as well as the limited number of specialized source testing
firms available to perform these tests. The information and
explanations supporting these extensions are included in the docket for
this action.
Additionally, in the 2025 IFR, the EPA extended the requirement to
conduct total organic compound (TOC) performance tests on ECDs in 40
CFR 60.5413b(b) until January 22, 2027, to provide affected facilities
sufficient lead time to retrofit sources and to plan and execute the
performance tests required by the 2024 final rule. The EPA notes that
even though the Agency extended the deadline to complete the prescribed
NHV monitoring and TOC performance testing on these source types, the
visible emission (VE) observation requirements of 40 CFR
60.5417b(d)(8)(v) continue to apply for sources to demonstrate
compliance with the applicable emission standards by the 2024 final
rule's effective date of May 7, 2024, or 180 days after startup,
whichever is later, as required in 40 CFR 60.5370b(a)(9)(ii). We
received comments in support of the extension for ECDs to address
credible concerns that testing devices at the vast number of source
subject to the rule was not achievable on the timeline laid out in the
2024 final rule. These comments and others on the ECD testing extension
can be found in the Response to Comment document, available in the
docket for this action. For the reasons discussed in the 2025 IFR and
after considering the public comments on those extensions, we reaffirm
that the changes to the ECD provisions related to control devices in
the 2025 IFR are warranted, and we conclude that no additional changes
are needed to those provisions. For further discussion of this topic,
please see Chapter 9 of the Response to Public Comments document, which
is available in the docket for this action.
B. Revised NSPS OOOOb for Covers and Closed Vent Systems
In the 2025 IFR, the EPA extended the compliance date for the ``no
identifiable emissions'' (NIE) inspection requirements until January
22, 2027. Based on information received since promulgation of the 2024
final rule, and as stated in the 2025 IFR, we have serious concerns
regarding the ability of owners and operators to meet the NIE
inspection requirements on the compliance schedule in the 2024 final
rule. Commenters in support of the NIE inspection extension credibly
asserted that leaks are inevitable due to the inherent normal wear and
tear of the equipment and the system over time (e.g., bolts rusting).
Commenters in opposition to the extension criticized the potential
emissions impacts of extending the compliance date. We disagree with
the commenters that the extension will adversely impact emissions, as
described below. After considering public comments on the issue, in
this final rule we reaffirm our finding that it was necessary,
appropriate, and in the public interest to extend the compliance
deadline in the 2024 final rule given credible workability concerns.
The deadline extension is reasonable, within the EPA's considerable
discretion under CAA section 111, and reasonably timed to address the
compliance issues identified since promulgation of the 2024 final rule.
Compliance requirements that are consistent with the substantive
requirements and goals of the 2024 final rule continue to apply to
affected facilities that would otherwise be subject to NIE
requirements. Thus, owners and operators still must design and install
a closed vent system (CVS), perform initial and ongoing inspections to
ensure that the system has no leaks, and repair any leaks that are
found within 30 days as required by the 2024 final rule. The only
relevant compliance dates that the 2025 IFR modified, and that EPA is
now reaffirming, are to conduct inspections that confirm that systems
operate with NIE. We continue to believe that these requirements, which
remain in place and are not being extended, achieve the emission-
reduction goals of the 2024 final rule imposed pursuant to CAA section
111. The EPA did not attribute any forgone benefits to the deadline
extension for covers and closed vent systems. The inspection
requirement is a compliance assurance mechanism that, for the reasons
identified in the 2025 IFR and in this final rule, cannot reasonably be
achieved across this source category by the original deadline set in
the 2024 final rule. For further discussion of this topic, please see
Chapter 10 of the Response to Public Comments document, which is
available in the docket for this action.
For the reasons discussed in the 2025 IFR and after considering the
public comments on those extensions, we reaffirm that the changes to
provisions related to covers and closed vent systems in the 2025 IFR
are warranted, and we conclude that no additional changes are needed to
those provisions.
C. Revised NSPS OOOOb for Equipment Leaks
As explained in the 2025 IFR, the regulatory language in 40 CFR
60.5400b(h)(2)(ii)(A) appears to require a source to repack an existing
valve with low-emissions (low-E) packing. The language in that
provision is unclear as to whether a source must also comply with
paragraph (B) or (C), which require
[[Page 55677]]
that a source either replace the valve with a low-E valve or perform a
drill and tap repair with a low-E injectable packing, respectively. The
EPA did not intend in the 2024 final rule to require that a source
repack an existing valve and then also replace that same valve during
the same repair.
In addition, as we stated in the 2025 IFR, based on information
received since promulgation of the 2024 final rule, the EPA determined
that concerns about compliance with the 2024 final rule were credible
and merited extensions of certain deadlines for equipment leaks.
Specifically, the EPA found in the 2025 IFR that requiring replacement
of leaking valves with low-E valves without first providing an
opportunity for an attempt at repair of the existing valve is
technically and economically infeasible and creates confusion. We also
found assertions that the necessary equipment (low-E valves and
packing) are not commercially available to be credible. In the 2025
IFR, the EPA extended the compliance date for equipment leak repair
requirements in 40 CFR 60.5400b(h)(2)(ii) and 60.5401b(i)(2)(ii) until
January 22, 2027, or 180 days after startup of the affected source,
whichever is later.
Many commenters supported the extension for low-E valves and cited
the difficulty in obtaining the necessary equipment on the timeline in
the 2024 final rule. Commenters also agreed with the EPA's assessment
that the regulatory text is confusing as written and appears to require
sources to repair and replace equipment rather than repairing the
equipment with replacement coming after repair is attempted. While some
other commenters appeared to take issue with this extension, the
adverse comments were vague and sometimes discuss issues unrelated to
the specific extension in the 2025 IFR. For example, one commenter
stated that the 2024 final rule built in repair-based options before
mandating replacement, leak detection and repair has been standard
practice for decades and is cost efficient, and that delays will not
expand supply--they only postpone operator accountability. The EPA does
not dispute the general idea that leak detection and repair programs
have generally been in various federal regulations for some time, but
this general idea is unrelated to the specific extensions in the 2025
IFR. The EPA points out that this extension is specifically for each
valve where a leak is detected. The repair requirement for leaking
valves requires either the existing valve be repacked with low-e
packing, or replaced with a low-e valve, or perform a drill and tap
repair with a low-e injectable packing. The 2025 IFR provided affected
sources additional time to undertake planning to obtain needed low-e
equipment given the cost and widespread need for such equipment. For
further discussion of this topic, please see Chapter 11 of the Response
to Public Comments document, which is available in the docket for this
action. For the reasons discussed in the 2025 IFR and after considering
the public comments on those extensions, we reaffirm that the changes
to provisions related to equipment leaks in the 2025 IFR are warranted,
and we conclude that no additional changes are needed to those
provisions.
D. Revised NSPS OOOOb for Process Controllers
In the 2025 IFR, the EPA extended the second phase of the phased-in
compliance deadline for the zero emission standards applicable to
process controllers to January 22, 2027, to address the supply chain
and logistical issues raised by petitioners. The EPA determined in the
2025 IFR that affected sources need additional compliance time to
ensure that they can source, obtain, and install sufficient equipment.
In the meantime, consistent with the substantive provisions and goals
of the 2024 final rule, the final phase-one standard continues to apply
to process controller affected facilities (i.e., the same standard
applicable to sites in Alaska without access to electricity).
Commenters in support of this extension asserted that the time
provided by the 2025 IFR is needed to allow sources to obtain and
install necessary equipment. Some commenters noted that ``if an
operator is unable to complete the conversion [to zero emission
controllers] due to reasons beyond its control, it will have to make a
decision whether to continue operating but potentially in a non-
compliant state or shut down that compressor station thereby reducing
its ability to move gas during peak demand periods.'' \27\ Commenters
in opposition of this requirement note the potential for emissions
increases that will result from delayed compliance. However, as the EPA
explained in the 2025 IFR, ``[i]n the meantime, consistent with the
substantive provisions and goals of the 2024 final rule, the interim
standard continues to apply to process controller affected facilities
(i.e., the same standard applicable to sites in Alaska without access
to electricity).'' \28\ ``All new, reconstructed, and modified sources
subject to NSPS OOOOb must comply with the interim standard, which
achieves emission reductions even compared to the pre-NSPS OOOOb
baseline (i.e., NSPS OOOOa) due to the intermittent vent controller
inspection requirement, until the deadline for the second phase of the
standard.'' For further discussion of this topic, please see Chapter 12
of the Response to Public Comments document, which is available in the
docket for this action. For the reasons discussed in the 2025 IFR and
after considering the public comments on those extensions, we reaffirm
that the changes to provisions related to process controllers in the
2025 IFR are warranted, and we conclude that no additional changes are
needed to those provisions.
---------------------------------------------------------------------------
\27\ EPA-HQ-OAR-2025-0162-0184; see also EPA-HQ-OAR-2025-0162-
0078 (comment making similar claim).
\28\ 90 FR 35974.
---------------------------------------------------------------------------
E. Revised NSPS OOOOb for Storage Vessels
In the 2025 IFR, the EPA extended the date for the specific
provisions required for a limit to be considered legally and
practicably enforceable (LPE) in 40 CFR 60.5365b(e)(2)(i)(A)-(F) until
January 22, 2027, in order to ensure sufficient time for sources to
work with delegated authorities to establish limits that are LPE.
Additionally, the EPA extended the date upon which the throughput-based
``modification'' triggers become effective until January 22, 2027, in
order to provide time for the likely large number of sources that would
trigger those provisions to make needed adjustments to facility
planning, equipment procurement, and process changes to comply with the
requirements. Finally, the EPA extended the date by which sources must
calculate potential emissions using the 30-day period of production
until January 22, 2027, in order to allow facilities time to obtain
additional information and make the requisite decisions related to
their facilities subject to these requirements. We noted in the 2025
IFR that until the provisions that we extended become effective,
provisions remain in place that establish what other activities
constitute a modification (i.e., sources that add an additional vessel
or replace a vessel with one that has increased capacity still trigger
modification). Sources are still required under the 2024 final rule to
determine the potential emissions from storage vessels. The only change
made to these provisions in the 2025 IFR is that, in the interim
period, sources need not use the confusing 30-day period of production
calculation.
[[Page 55678]]
Sources may establish limits on emissions that are considered LPE with
or without the specific criteria included in the 2024 final rule. Any
sources that trigger modification provisions will still be subject to
the standards in the 2024 final rule.
Commenters that supported this extension noted the time required
for States and sources to adjust to the triggers for modification.
These commenters supporting the 2025 IFR extensions stated that the
additional time is needed to accommodate the volume of modifications
that are likely to result from the 2024 final rule. The EPA also
received comments arguing against the extensions which claimed that the
record demonstrates that we carefully considered and rejected arguments
from reconsideration petitioners in the 2024 final rule, enforceable
limits must include monitoring and reporting, that only throughput
increases causing emissions above thresholds count as modifications,
and that a uniform 30-day PTE calculation was necessary for
consistency. This commenter claims the 2025 IFR embraces the very
positions the EPA previously found unworkable and does so without
citing new evidence. The EPA disagrees with this commenter's
assertions. First, extending the timeline for a limit to be considered
LPE will ensure there is enough time for sources to work with delegated
authorities to establish limits that are LPE without foreclosing the
use of LPE limits already established. Second, extending the timeline
for the throughput-based modification triggers provides time for the
potentially large number of sources that would trigger those provisions
to make any needed adjustments to facility planning, equipment
procurement, and process changes needed to comply with the
requirements. Finally, extending the date by which sources must
calculate potential emissions allows facilities to obtain additional
information and make the requisite decisions related to their
facilities. For further discussion of this topic, please see Chapter 15
of the Response to Public Comments document, which is available in the
docket for this action. For the reasons discussed in the 2025 IFR and
after considering the public comments on those extensions, we reaffirm
that the changes to provisions related to storage vessels in the 2025
IFR are warranted, and we conclude that no additional changes are
needed to those provisions.
F. Revised NSPS OOOOb for Super Emitter Program
In the 2025 IFR, the EPA extended the date for future
implementation of the SEP until January 22, 2027. This extension also
impacts the timing for EPA action concerning methane detection
technology for use in the SEP under 40 CFR 60.5398b(d)(1)(iii). Because
the EPA extended the date for future implementation of the SEP, there
is no need for the EPA to act on submissions seeking approval of
remote-detection technology for use in the program in the intervening
period. Therefore, the EPA extended these provisions, which include
conditional approval of alternative test methods for methane detection
technology for use in the SEP if the EPA does not act on submissions,
to January 22, 2027.
Public commenters provided input on this aspect of the 2025 IFR,
which are discussed in the Response to Public Comments document, which
is available in the docket for this action.\29\ Many industry
commenters supported the extension, and some cited the EPA's reasoning
offered in the 2025 IFR: that EPA has experienced unanticipated
difficulties and concerns that require additional time for effective
and lawful administration of various program procedures. Other
commenters did not support the extension and instead claimed that delay
will lead to significant pollution than would have otherwise occurred,
and that the program would have provided helpful information about
large methane leaks for Tribes to appropriately respond to and report
these events. Another commenter alleged that the EPA failed to provide
data or analysis demonstrating that the SEP is unworkable, failed to
reconcile its new position with the findings of the 2024 final rule,
and relied on speculation and isolated incidents that cannot support
such a sweeping change in course. The EPA disagrees with some of these
commenters and concludes that none of them raise objections that would
warrant additional changes to the changes made in the 2025 IFR. First,
the EPA is unable to quantify the impact of the extensions related to
the Super Emitter Program due to lack of data regarding the emissions
events. Second, the EPA disagrees with the commenter's assertion that
it was required to reconcile its reasons for the 2025 IFR with the
conclusions supporting the 2024 final rule and that it has not provided
a reasoned basis for the extensions in the record. The extensions in
the IFR related to the SEP are informed by the evolution of the EPA's
thinking after it began to implement the Program, and thus reflect
consideration of the EPA's additional experience, which was not
captured in the record for the 2024 final rule. The extension is based
on unanticipated difficulties and concerns that the EPA experienced in
implementing this novel program. Lastly, we further note that, while
the SEP established a new mechanism for EPA-certified third parties to
voluntarily submit certain information about particular types of
emissions events to the EPA, any person can voluntarily provide
information about any emission event to the EPA at any time, and the
SEP did not change that. For further discussion of this topic, please
see Chapter 13 of the Response to Public Comments document, which is
available in the docket for this action. For the reasons discussed in
the 2025 IFR and after considering the public comments on those
extensions, we reaffirm that the changes to provisions related to the
SEP in the 2025 IFR are warranted, and we conclude that no additional
changes are needed to those provisions.
---------------------------------------------------------------------------
\29\ EPA-HQ-OAR-2025-0162.
---------------------------------------------------------------------------
G. Revised NSPS OOOOb for Flare Pilot Flame and Alarm Requirements
In the 2025 IFR, we extended the date to January 22, 2027, by which
owners and operators who utilize these flares (e.g., unassisted,
pressure-assisted, steam-assisted) and enclosed combustion devices
must: (1) ensure that flares and ECDs operate with a continuous pilot
flame, and (2) install and operate a system to send an alarm to the
nearest control room when a pilot flame is unlit.
This extension does not affect the emission reduction requirements
for flares and ECDs and other monitoring of such devices described in
section II.B.VII of the preamble to the 2025 IFR.
Commenters in support of this extension cited the geographically
remote locations of many sources and the need for time to ensure the
necessary equipment can be installed. One commenter in opposition to
the extension stated that while the EPA cites issues providing
supplemental fuel and challenges in obtaining and installing
communications equipment as reasons for delay, these protections are
already in use in many states, and that the extension increases the
risk of methane venting directly into the atmosphere instead of being
properly combusted. In response, the EPA notes that for sources in
those states that already require continuous pilot flames and alarms,
those State requirements will still apply regardless of the
[[Page 55679]]
applicable date(s) specified in NSPS OOOOb. For further discussion of
this topic, please see Chapter 14 of the Response to Public Comments
document, which is available in the docket for this action. For the
reasons discussed in the 2025 IFR and after considering the public
comments on those extensions, we reaffirm that the changes to
provisions related to the flare pilot flame and alarm requirements in
the 2025 IFR are warranted, and we conclude that no additional changes
are needed to those provisions.
H. Revised EG OOOOc for State Plan Submittal Deadlines
In the 2025 IFR, for the reasons discussed in section II.C.I of the
preamble to that rule, we extended the deadline for State plan
submittal until January 22, 2027.
Commenters in support of the State plan submittal deadline
extension cited the large number of sources covered by the 2024 final
rule and the need for additional time to allow States to respond to the
numerous regulatory requirements for thousands of sources subject to
the rule. Commenters opposing the extension claimed the 2025 IFR relied
on reasoning already considered during the adoption of the 24-months
timeline rather than raising new or unforeseen challenges, failed to
adequately address the environmental and public health effects of the
deadline extension, and that the extension justification is
contradicted by on the ground evidence of State progress. The EPA
disagrees with these comments because we have determined, through
ongoing and recent communications with stakeholders and review of the
relevant regulatory language, that certain discrete provisions in the
final rule present immediate problems related to compliance. For
further discussion of this topic, please see Chapter 8 of the Response
to Public Comments document, which is available in the docket for this
action. For the reasons discussed in the 2025 IFR, and after
considering the public comments on those extensions, we reaffirm that
the changes to provisions related to the State plan submittals in the
2025 IFR are warranted, and we conclude that no additional changes are
needed to those provisions.
I. Additional Time for NSPS OOOOb Initial Annual Report
Based on comments received, the EPA now also understands that there
is significant confusion with respect to the initial annual report
deadline in the 2024 final rule. After carefully considering these
comments, we are also providing additional time for the submission of
the first round of initial annual reports and the first associated
subsequent annual report (the second report). Specifically, under the
final 2024 rule, if the first initial annual report was required to be
submitted by August 2025, then the first subsequent annual report (the
second report) was required to be submitted by August 2026. This action
changes those dates, and the submittal deadline for other reports, by
finalizing that no annual report is due before November 30, 2026. In
other words, owners and operators have until November 30, 2026 to
submit all reports that were originally due prior to this deadline. All
subsequent annual reports due thereafter (due after November 30, 2026
are due no later than 90 days after the end of each annual compliance
period. These changes do not alter any provisions specifying the annual
compliance period.
Several commenters indicated general confusion regarding their
reporting obligations and requested additional time to prepare their
first round of initial annual reports that were originally required to
be submitted by August 2025.\30\ The EPA received over 400 letters
identifying confusion and requesting extensions for the first round of
initial reports.\31\ In attempts to provide clarification, the EPA did
address a related issue on its website. \32\ As explained on the
website, the July 2025 IFR extended several compliance deadlines from
the 2024 final rule, however the 2025 IFR did not clearly address the
impact on the annual compliance reports. As we explained on that web
page, the reporting deadlines associated with these compliance
deadlines were also extended as a practical matter.
---------------------------------------------------------------------------
\30\ EPA-HQ-OAR-2025-0162-0029, EPA-HQ-OAR-2025-0162-0035, EPA-
HQ-OAR-2025-0162-0031, EPA-HQ-OAR-2025-0162-0036, EPA-HQ-OAR-2025-
0162-0037, EPA-HQ-OAR-2025-0162-0041, EPA-HQ-OAR-2025-0162-0048,
EPA-HQ-OAR-2025-0162-0060, EPA-HQ-OAR-2025-0162-0061, EPA-HQ-OAR-
2025-0162-0059, EPA-HQ-OAR-2025-0162-0055, EPA-HQ-OAR-2025-0162-
0064, EPA-HQ-OAR-2025-0162-0168, EPA-HQ-OAR-2025-0162-0162, EPA-HQ-
OAR-2025-0162-0191, EPA-HQ-OAR-2025-0162-0130, EPA-HQ-OAR-2025-0162-
0095, EPA-HQ-OAR-2025-0162-0078, EPA-HQ-OAR-2025-0162-0162, EPA-HQ-
OAR-2025-0162-0172, EPA-HQ-OAR-2025-0162-0078, EPA-HQ-OAR-2025-0162-
0168, EPA-HQ-OAR-2025-0162-0154, EPA-HQ-OAR-2025-0162-0195, EPA-HQ-
OAR-2025-0162-0170, EPA-HQ-OAR-2025-0162-0172, EPA-HQ-OAR-2025-0162-
0168, EPA-HQ-OAR-2025-0162-0162, EPA-HQ-OAR-2025-0162-0449, EPA-HQ-
OAR-2025-0162-0170, EPA-HQ-OAR-2025-0162-0190, EPA-HQ-OAR-2025-0162-
0130.
\31\ Please see the docket for a sampling of these letters.
\32\ See under the header ``Frequently Asked Questions'' at
<a href="https://www.epa.gov/controlling-air-pollution-oil-and-natural-gas-operations/2025-interim-final-rule-extend-compliance">https://www.epa.gov/controlling-air-pollution-oil-and-natural-gas-operations/2025-interim-final-rule-extend-compliance</a>.
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The EPA acknowledges and agrees that there was confusion with
respect to how the 2025 IFR impacted the annual compliance reports
required by NSPS OOOOb, and confirms that confusion was not intended or
desirable. The EPA recognizes that posting on this website may not have
been sufficient to communicate the information to all owners and
operators subject to the reporting obligation in NSPS OOOOb. The 2025
IFR impacts which data fields must be reported in the annual compliance
report. The EPA acknowledges these changes to the reporting obligations
were not clear in the 2025 IFR, and were not previously communicated
clearly. Since, as explained in the EPA's website posting, ``[t]he
reporting deadlines associated with these [IFR] compliance deadlines
were also extended as a practical matter,'' owners and operators are
not required to include certain information in their annual report
(compared to the entire suite of reporting obligations finalized in the
2024 final rule).
Owners and operators need time to fully understand and implement
this change to their reporting obligations for their annual reports
under NSPS OOOOb. As such, the EPA is providing relief for additional
time for the submission of annual reports. This additional time relief
is needed to review and, if necessary, adjust reports to align with the
EPA's clarification posted on its website. In other words, this time is
needed to allow owners and operators time to remove certain information
from their annual report; specifically, the data related to any
relevant requirement(s) impacted by the IFR extensions. Further, the
EPA's regional offices have already granted many reporting deadline
extension requests for similar reasons in accordance with authority in
40 CFR 60.19. Providing the extension for all owners and operators
subject to NSPS OOOOb is a more efficient and equitable approach than
dealing with this issue on a one-off submission basis.
Several commenters requested, on this basis, that the initial
reporting deadline be extended by 540 days. Although the EPA agrees
that an extension is necessary, we do not agree that such a length of
extension is appropriate based on the confusion referenced above and
the deadline changes made in the 2025 IFR or this final rule. Rather,
given the relevant timelines for the initial reporting requirements, we
believe that relief for approximately one year from the effective date
of this action is adequate
[[Page 55680]]
for sources to resolve any confusion and adjust their reporting on an
annual cycle. For further discussion of this topic, please see Chapter
16 of the Response to Public Comments document, which is available in
the docket for this action.
The EPA believes this additional time will provide the necessary
relief for owners and operators to get the clarification and certainty
they need, notably to those owners and operators whose first initial
annual report was required to be submitted by August 2025. This
additional time finalizes that no annual report is due before November
30, 2026.
IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is a significant regulatory action as defined under
section 3(f)(4) of Executive Order (E.O.) 12866. Accordingly, it was
submitted to the Office of Management and Budget (OMB) for review. Any
changes made in response to E.O. 12866 review have been documented in
the docket.
This final rule reaffirms the conclusions reached in the IFR, with
the exception of an additional extension of 180 days from the effective
date of this final action to the compliance deadlines related to net
heating value (NHV) monitoring and the provision of an additional 360
days from the effective date of this final rule for the submission of
annual reports. For this final rule, the EPA prepared a memorandum
titled ``Affirmation of Economic Impact Analysis for the Interim Final
Rule'' that is available in the docket.\33\
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\33\ EPA-HQ-OAR-2025-0162.
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B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is an Executive Order 14192 deregulatory action.
C. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. On June 28, 2024, OMB approved the information
collection activities for NSPS OOOOb and EG OOOOc under the PRA and
assigned OMB Control No. 2060-0721.\34\ OMB assigned the EPA ICR number
2523.07 to the ICR document that the EPA prepared. You can find a copy
of the previously submitted ICR in EPA-HQ-OAR-2021-0317.
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\34\ <a href="https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202405-2060-001">https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202405-2060-001</a>.
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This action does not change the information collection
requirements.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. In this
final rule, we are confirming the EPA's decision to extend certain
compliance and implementation dates, after considering and responding
to comments received on the 2025 IFR. This action provides an
additional extension for NHV monitoring. The EPA is also providing
additional time for the submission of initial annual reports. This
action does not change any other regulatory requirements.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. This action imposes
no enforceable duty on any state, local or tribal governments or the
private sector. In this action the EPA confirms its decision to extend
certain compliance and implementation dates, after considering and
responding to comments received on the 2025 IFR. This action provides
an additional extension for NHV monitoring. The EPA is also providing
additional time for the submission of initial annual reports. This
action does not change any other regulatory requirements.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government. The 2025
IFR extended the deadline for State plan submittals, which will allow
additional time for states to develop plans. However, neither the 2025
IFR nor this action alter the substantive requirements related to the
content of State plans.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. This action responds to comments on the July
2025 IFR and provides an extension to regulatory requirements for NHV
monitoring. The EPA is also providing additional time for the
submission of initial annual reports. Thus, Executive Order 13175 does
not apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 directs Federal agencies to include an
evaluation of the health and safety effects of the planned regulation
on children in Federal health and safety standards and explain why the
regulation is preferable to potentially effective and reasonably
feasible alternatives. This action is not subject to Executive Order
13045 because the EPA does not believe the environmental health or
safety risks addressed by this action present a disproportionate risk
to children.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution or use of energy. In the Regulatory Impact Analysis (RIA)
accompanying the 2024 final rule, the EPA used a set of supply and
demand price elasticities to estimate the impacts of the rule on the
United States energy system (see section 4.1.4 of that document). The
EPA estimated maximum production reductions of about 41.4 million
barrels of crude oil (1.05 percent of projected baseline production)
and 272.5 million Mcf (thousand cubic feet) per year (0.75 percent).
This final action provides an extension to regulatory requirements for
NHV monitoring, provides additional time for the submission of initial
annual reports, and confirms the EPA's decision to extend certain
compliance and implementation dates, after considering and responding
to public comments received on the 2025 IFR.
J. National Technology Transfer and Advancement Act (NTTAA)
This action does not involve technical standards; therefore, the
NTTAA does not apply.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
[[Page 55681]]
List of Subjects in 40 CFR Part 60
Environmental protection, Administrative practices and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Lee Zeldin,
Administrator.
For the reasons stated in the preamble, the Environmental
Protection Agency amends part 60 of title 40, chapter I, of the Code of
Federal Regulations as follows:
PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES
0
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart OOOOb--Standards of Performance for Crude Oil and Natural
Gas Facilities for Which Construction, Modification or
Reconstruction Commenced After December 6, 2022
0
2. Amend Sec. 60.5370b by revising paragraphs (a)(9)(i) and (iii) to
read as follows:
Sec. 60.5370b When must I comply with this subpart?
(a) * * *
(9) * * *
(i) Beginning June 1, 2026, or 180 days after startup, whichever is
later, you must comply with the continuous monitoring systems
requirements of Sec. 60.5417b(d)(8)(i) through (iv).
* * * * *
(iii) Beginning June 1, 2026, or 180 days after startup, whichever
is later, you must comply with the continuous monitoring systems
requirements of Sec. 60.5417b(d)(8)(vi) for enclosed combustion
devices or flares that are air-assisted or steam-assisted.
* * * * *
0
3. Amend Sec. 60.5420b by revising paragraph (b) to read as follows:
Sec. 60.5420b What are my notification, reporting, and recordkeeping
requirements?
* * * * *
(b) Reporting requirements. You must submit annual reports
containing the information specified in paragraphs (b)(1) through (14)
of this section following the procedure specified in paragraph (b)(15)
of this section. You must submit performance test reports as specified
in paragraph (b)(12) or (13) of this section, if applicable. Subject to
the exception in the next sentence, the initial annual report is due no
later than 90 days after the end of the initial compliance period as
determined according to Sec. 60.5410b; subsequent annual reports are
due no later than the same date each year as the initial annual report.
Notwithstanding the preceding sentence, no annual report is due before
November 30, 2026, on or before which date you must submit all annual
reports that were due before November 30, 2026 per the timing specified
in the preceding sentence; then subsequent annual reports thereafter
are due no later than 90 days after the end of each annual compliance
period. If you own or operate more than one affected facility, you may
submit one report for multiple affected facilities provided the report
contains all of the information required as specified in paragraphs
(b)(1) through (14) of this section. Annual reports may coincide with
title V reports as long as all the required elements of the annual
report are included. You may arrange with the Administrator a common
schedule on which reports required by this part may be submitted as
long as the schedule does not extend the reporting period. You must
submit the information in paragraph (b)(1)(v) of this section, as
applicable, for your well affected facility which undergoes a change of
ownership during the reporting period, regardless of whether reporting
under paragraphs (b)(2) through (4) of this section is required for the
well affected facility.
* * * * *
[FR Doc. 2025-21788 Filed 12-2-25; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on December 3, 2025.
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.