...
This subpart establishes emission guidelines and compliance schedules for the control of greenhouse gas (GHG) emissions from designated facilities in the crude oil and natural gas source category as defined in the Model Rule at §60.5430c, in accordance with section 111(d) of the Clean Air Act and subpart Ba of this part. The designated facilities, standards section reference and compliance dates are listed in table 1 to this subpart. To the extent any requirement of this subpart is inconsistent with the requirements of subpart A or Ba of this part, the requirements of this subpart will apply.
[89 FR 17140, Mar. 8, 2024]
(a) Scope. The pollutants regulated by this subpart are greenhouse gases (GHG). The greenhouse gas standards in this subpart are in the form of a limitation on emissions of methane from designated facilities in the crude oil and natural gas source category that commenced construction, modification, or reconstruction on or before December 6, 2022.
(b) PSD and title V Thresholds for Greenhouse Gases. (1) For the purposes of 40 CFR 51.166(b)(49)(ii), with respect to GHG emissions from facilities, the “pollutant that is subject to any standard promulgated under section 111 of the Act” shall be considered to be the pollutant that otherwise is subject to regulation under the Act as defined in 40 CFR 51.166(b)(48) and in any State Implementation Plan (SIP) approved by the EPA that is interpreted to incorporate, or specifically incorporates, 40 CFR 51.166(b)(48).
(2) For the purposes of 40 CFR 52.21(b)(50)(ii), with respect to GHG emissions from facilities regulated in the plan, the “pollutant that is subject to any standard promulgated under section 111 of the Act” shall be considered to be the pollutant that otherwise is subject to regulation under the Act as defined in 40 CFR 52.21(b)(49).
(3) For the purposes of 40 CFR 70.2, with respect to GHG emissions from facilities regulated in the plan, the “pollutant that is subject to any standard promulgated under section 111 of the Act” shall be considered to be the pollutant that otherwise is “subject to regulation” as defined in 40 CFR 70.2.
(4) For the purposes of 40 CFR 71.2, with respect to GHG emissions from facilities regulated in the plan, the “pollutant that is subject to any standard promulgated under section 111 of the Act” shall be considered to be the pollutant that otherwise is “subject to regulation” as defined in 40 CFR 71.2 40 CFR.
[89 FR 17140, Mar. 8, 2024]
(a) If you are the Administrator of an air pollution control agency in a state or United States protectorate with one or more designated facilities that commenced construction, modification, or reconstruction on or before December 6, 2022, you must submit a state or Tribal plan to the U.S. Environmental Protection Agency (EPA) that implements the emission guidelines contained in this subpart. The submission of such plan shall be made in electronic format according to subpart Ba of this part.
(b) If you are the Administrator of an air pollution control agency in a state or United States protectorate with no designated facilities for which construction commenced on or before December 6, 2022, you must submit a negative declaration letter in place of the state or Tribal plan. The submission of such negative declaration letter shall be made in electronic format according to subpart Ba of this part.
(c) You must submit the state or Tribal plan or negative declaration letter to EPA by the date March 9, 2026.
[89 FR 17140, Mar. 8, 2024]
(a) You must include the ten items described in paragraphs (a)(1) through (10) of this section in your state or Tribal plan.
(1) Inventory of designated facilities. For purposes of this subpart, §60.25a(a) does not apply.
(2) Inventory of emissions from designated facilities in your state. For purposes of this subpart, §60.25a(a) does not apply.
(3) Compliance schedules for each designated facility or logical grouping of designated facilities.
(4) Standards of performance for designated facilities that are at least as stringent as the emission guidelines contained in this subpart, unless otherwise provided for under §60.5365c. Standards for performance for designated facilities must apply at all times, including periods of startup, shutdown, and malfunction.
(5) Performance testing, monitoring, recordkeeping, and reporting requirements.
(6) Documentation of meaningful engagement on such plan or plan revisions as specified in §60.23a(i).
(7) Certification that the required hearing on the state or Tribal plan was held, a list of witnesses and their organizational affiliations, if any, appearing at the hearing, and a brief written summary of each presentation or written submission as specified in §60.23a(c) through (e).
(8) Provision for state progress reports to EPA.
(9) Identification of enforceable state mechanisms that you selected for implementing the emission guidelines of this subpart.
(10) Demonstration of your state's legal authority to carry out the Clean Air Act section 111(d) state or Tribal plan.
(b) Unless superseded by this subpart, you must follow the requirements of subpart Ba of this part (Adoption and Submittal of State Plans for Designated Facilities) in your state or Tribal plan.
[89 FR 17140, Mar. 8, 2024]
In order for you to apply to use your state standards as part of your state or Tribal plan submission your state requirements for designated facilities must meet the standards of performance criteria specified in paragraph (a) of this section and you must provide the supporting documentation that you met those criteria as specified in paragraph (b) of this section.
(a) You must demonstrate that the state standards of performance established for a designated facility in your state or Tribal plan meet the equivalency criteria specified in paragraphs (a)(1) through (6) of this section when compared to the designated facility presumptive standards specified in EG OOOOc.
(1) Designated facility,
(2) Designated pollutant,
(3) Standard type/format of standard,
(4) Emission reductions (considering applicability thresholds and exemptions) unless relying on §60.5365c,
(5) Compliance determination method, and
(6) Ongoing compliance assurance requirements (e.g., monitoring, recordkeeping and reporting requirements).
(b) You must provide the supporting documentation that you met the equivalency criteria specified in paragraph (a) of this section as specified in paragraphs (b)(1) through (3) of this section.
(1) Your state or Tribal plan should identify the designated facility requirements of your state program that you are submitting for approval to become federally enforceable requirements under the plan.
(2) You must include a detailed explanation and analysis of how the relied upon state standards are at least as stringent as the requirements of the final EG based on each of the criteria specified in paragraph (a) of this section, or comply with §60.5365c for paragraph (a)(4) of this section.
(3) You must include a copy of the actual state law/regulation or document submitted for approval and incorporation into the state or Tribal plan.
[89 FR 17140, Mar. 8, 2024]
You may apply a standard of performance to a designated facility that is less stringent than otherwise required by the emission guidelines, provided you meet the requirements specified in §60.24a.
[89 FR 17140, Mar. 8, 2024]
[89 FR 17140, Mar. 8, 2024]
Yes. The EPA will review your state or Tribal plan according to §60.27a.
(a) The EPA will determine the completeness of your plan submission according §60.27a(g).
(b) The EPA will act on your plan submission according to §60.27a.
[89 FR 17140, Mar. 8, 2024]
If you do not submit a state or Tribal plan (or a negative declaration letter) by March 9, 2026, or if EPA disapproves your state plan, EPA will develop a Federal plan according to §60.27a(c) through (f) to implement the emission guidelines contained in this subpart.
[89 FR 17140, Mar. 8, 2024]
No. The EPA has no formal review process for negative declaration letters. Once your negative declaration letter has been received, the EPA will place a copy in the public docket and publish a notice in the Federal Register . If, at a later date, a designated facility for which construction commenced on or before December 6, 2022, is found in your state, that designated facility must be subject to a state, Tribal, or Federal plan in accordance with the requirements of this subpart and subpart Ba.
[89 FR 17140, Mar. 8, 2024]
(a) For designated facilities that commenced construction, modification or reconstruction on or before December 6, 2022, your state or Tribal plan must include compliance schedules that require designated facilities to achieve final compliance as expeditiously as practicable after approval of the state or Tribal plan but not later than the dates specified in §60.5360c of this subpart, as applicable to each designated facility.
(b) The plan must include legally enforceable increments of progress to achieve compliance for each designated facility or category of facilities, as specified in §§60.5380c through 60.5382c.
[89 FR 17140, Mar. 8, 2024]
(a) Any significant revision to a state or Tribal plan shall be adopted and submitted as specified in §60.28a.
(b) A revision of a plan, or any portion thereof, shall not be considered part of an applicable plan until approved by the Administrator in accordance with this subpart and subpart Ba of this part.
[89 FR 17140, Mar. 8, 2024]
Yes, a state may meet its Clean Air Act section 111(d) obligations by submitting an acceptable written request for delegation of an applicable Federal plan that meets the requirements of this section. This is the only other option for a state to meet its section 111(d) obligations.
(a) An acceptable Federal plan delegation request must include the following:
(1) A demonstration of adequate resources and legal authority to administer and enforce the Federal plan.
(2) The items under §60.5363c(a)(1), (a)(2), and (a)(8) of this subpart.
(3) Certification that the hearing on the state delegation request, similar to the hearing for a state or Tribal plan submittal, was held, a list of witnesses and their organizational affiliations, if any, appearing at the hearing, and a brief written summary of each presentation or written submission.
(4) A commitment to enter into a Memorandum of Agreement with the Regional Administrator that sets forth the terms, conditions, and effective date of the delegation and that serves as the mechanism for the transfer of authority. Additional guidance and information is given in EPA's Delegation Manual, Item 7–139, Implementation and Enforcement of 111(d)(2) and 111(d)/(2)/129 (b)(3) Federal plans.
(b) A state with an already approved oil and natural gas designated facility Clean Air Act section 111(d) state or Tribal plan is not precluded from receiving the EPA's approval of a delegation request for any revised Federal plan, provided the requirements of paragraph (a) of this section are met, and at the time of the delegation request, the state also requests withdrawal of the EPA's previous state or Tribal plan approval.
(c) A state's Clean Air Act section 111(d) obligations are separate from its obligations under title V of the Clean Air Act.
[89 FR 17140, Mar. 8, 2024]
The authorities that will not be delegated to state, local, or Tribal agencies are specified in paragraphs (a) through (h) of this section.
(a) Approval of alternatives to the emission limits and standards in tables 1, 2, and 3 to this subpart and operating limits established under §60.5412c, §60.5415c, or §60.5417c.
(b) Approval of major alternatives to test methods.
(c) Approval of major alternatives to monitoring.
(d) Approval of major alternatives to recordkeeping and reporting.
(e) Approval of an alternative to any electronic reporting required by this subpart.
(f) [Reserved.]
(g) [Reserved.]
(h) Performance test and data reduction waivers under §60.8(b).
[89 FR 17140, Mar. 8, 2024]
(a) No. This subpart does not directly affect designated facility owners and operators in your state. However, designated facility owners and operators must comply with the state or Tribal plan you develop to implement the emission guidelines contained in this subpart. States may choose to incorporate the model rule text directly in their state or Tribal plan.
(b) If you do not submit a plan to implement and enforce the guidelines contained in this subpart by the date 24 months after promulgation of this subpart, or if EPA disapproves your plan, the EPA will implement and enforce a Federal plan, as provided in §60.5367c of this subpart, to ensure that each designated facility within your state that commenced construction, modification or reconstruction on or before December 6, 2022, reaches compliance with all the provisions of this subpart by the dates specified in §60.5360c of this subpart.
[89 FR 17140, Mar. 8, 2024]