Air Plan Approval; Pennsylvania; Oil and Natural Gas Control Measures for 2008 and 2015 Ozone National Ambient Air Quality Standards, 53932-53936 [2024-13972]

Download as PDF 53932 Federal Register / Vol. 89, No. 125 / Friday, June 28, 2024 / Proposed Rules [Revise the ‘‘nonmachinable parcels’’ line item under ‘‘Parcel Select’’ to read as follows:] nonstandard parcels, 201.7.6 * * * * * Parcels [Revise the ‘‘nonmachinable criteria’’ heading under ‘‘parcels’’ to read as follows:] nonstandard criteria [Revise the ‘‘commercial mail’’ line item under renamed ‘‘nonstandard criteria’’ to read as follows:] commercial mail, 201.7.6 * * * * * Periodicals * * * * * [Revise the ‘‘carrier route irregular parcels in sacks’’ line item under ‘‘Periodicals’’ to read as follows:] carrier route nonstandard parcels in sacks, 207.23.4 * * * * * [Revise the ‘‘irregular parcels in sacks’’ line item under ‘‘Periodicals’’ to read as follows:] nonstandard parcels in sacks, 207.22.6 * * * * * S * * * * * Size * * * * * [Revise the ‘‘nonmachinable parcels’’ line item under ‘‘Size’’ to read as follows:] nonstandard parcels, 101.3.0, 201.7.0 * * * * * U * * * * * USPS Marketing Mail, Parcels khammond on DSKJM1Z7X2PROD with PROPOSALS * * * * * [Revise the ‘‘bundling for irregular parcels’’ line item under ‘‘USPS Marketing Mail, parcels’’ to read as follows:] bundling for nonstandard parcels, 245.11.4, 245.12.5 * * * * * [Revise the ‘‘presorted irregular parcels’’ line item under ‘‘USPS Marketing Mail, parcels’’ to read as follows:] presorted nonstandard parcels, 245.11.4 * * * * * Ruth Stevenson, Attorney, Ethics and Legal Compliance. [FR Doc. 2024–13924 Filed 6–27–24; 8:45 am] BILLING CODE P VerDate Sep<11>2014 16:06 Jun 27, 2024 Jkt 262001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2023–0300; FRL–11403– 01–R3] Air Plan Approval; Pennsylvania; Oil and Natural Gas Control Measures for 2008 and 2015 Ozone National Ambient Air Quality Standards Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve State implementation plan (SIP) revisions submitted by the Commonwealth of Pennsylvania. The revisions establish and require 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 proposing to approve Allegheny County, Pennsylvania’s incorporation of the Pennsylvania regulations 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: Written comments must be received on or before July 29, 2024. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R03– OAR–2023–0300 at www.regulations.gov, or via email to Goold.Megan@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER SUMMARY: PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit www.epa.gov/dockets/commenting-epadockets. 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 oshea.michael@epa.gov. 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, the Allegheny County Health Department (ACHD) submitted a revision to the Allegheny County SIP incorporating by reference (IBR) the aforementioned Pennsylvania regulations with minor modifications to Pennsylvania’s regulations in order to refer to offices, officers, and make proper cross references to the existing Allegheny County regulations and EPA-approved SIP. INFORMATION CONTACT I. Background A. Final Control Techniques Guidelines for the Oil and Natural Gas Industry On October 27, 2016, EPA published in the Federal Register the ‘‘Final Control Techniques Guidelines for the Oil and Natural Gas Industry’’ (EPA’s 2016 Oil and Gas CTG) (81 FR 74798).1 EPA’s 2016 Oil and Gas CTG provided information to state, local, and Tribal air agencies to assist them in determining RACT for VOC emissions from select oil and natural gas industry emission sources. CAA section 182(b)(2)(A) and (B) requires that for ozone nonattainment areas classified as Moderate or above, states must revise their SIPs to include provisions to implement RACT for each category of VOC sources covered by a CTG document. CAA section 184(b)(1)(B) extends this RACT obligation to all areas of states within the Ozone Transport Region (OTR). EPA classifies nonattainment areas based on the severity of their ozone problem. Nonattainment areas fall into five 1 www.epa.gov/sites/default/files/2016-10/ documents/2016-ctg-oil-and-gas.pdf. E:\FR\FM\28JNP1.SGM 28JNP1 Federal Register / Vol. 89, No. 125 / Friday, June 28, 2024 / Proposed Rules categories: Marginal, Moderate, Serious, Severe, and Extreme. The Pennsylvania portion of the Philadelphia-WilmingtonAtlantic City, PA-NJ-MD-DE area is classified as Marginal nonattainment for the 2008 ozone standard, and as Moderate nonattainment for the 2015 ozone standard. The AllentownBethlehem-Easton, Lancaster, Pittsburgh-Beaver Valley,2 and Reading areas are classified as Marginal nonattainment for the 2008 ozone standard, and attainment for the 2015 ozone standard.3 Pennsylvania, which includes Allegheny County, is a State within the OTR. See CAA section 184. States subject to RACT requirements are required to adopt controls that represent reasonably available control technology for sources covered by CTGs either via the adoption of regulations, or by issuance of single source orders or permits that specify what the source is required to do to meet RACT. See CAA section 184(b)(1). PADEP, on behalf of the City of Philadelphia, Department of Public Health, Air Management Services (AMS), previously submitted a negative declaration, which EPA approved, stating that Philadelphia County contained no source categories covered by the 1983 Oil and Gas CTG as part of its SIP revision to address the RACT requirements for the 2008 Ozone national ambient air quality standard.4 khammond on DSKJM1Z7X2PROD with PROPOSALS B. Findings of Failure To Submit On November 16, 2020, and December 16, 2021,5 EPA issued Findings of Failure to Submit (FFS) which found that certain states, including Pennsylvania, failed to submit SIP revisions in a timely manner to satisfy the CAA’s RACT requirement for either, or both of, the 2008 and 2015 Ozone NAAQS, to implement RACT for categories of sources addressed by the EPA’s 2016 Oil and Gas CTG. These findings of failure to submit each established a 24-month deadline for EPA to either approve SIP revisions or finalize Federal implementation plans (FIPs) to implement RACT level controls for the categories of sources addressed in the CTG. These actions also 2 www.epa.gov/green-book/green-book-8-hourozone-2008-area-information. 3 www.epa.gov/green-book/green-book-8-hourozone-2015-area-information. 4 The final rule action satisfying Philadelphia’s VOC RACT requirements for source categories covered by CTGs for the 2008 Ozone NAAQS was published on October 24, 2019, effective November 25, 2019 (84 FR 56946). 5 The finding of failure to submit for the EPA 2016 Oil and Gas CTG for the 2008 NAAQS was issued and published on November 16, 2020 (85 FR 72963), with an effective date of December 16, 2020, and for the 2015 NAAQS on December 16, 2021 (86 FR 71385), with an effective date of January 18, 2022. VerDate Sep<11>2014 16:06 Jun 27, 2024 Jkt 262001 established timelines for the implementation of two mandatory sanctions that would begin if the named states did not submit complete SIP revisions to address the CTG: (1) eighteen months after the effective date of these findings, a 2-to-1 offset ratio for the nonattainment new source review (NSR) permitting program would go into effect, such that for every unit of VOC or Nitrogen Oxides (NOX) emissions a new or modified source will contribute to the nonattainment area or OTR state, two units must be reduced; and (2) six months after the date of offset sanctions, Federal highway funding would be withheld in nonattainment areas. See 85 FR 72963 at 72965, November 16, 2020.6 Pennsylvania did not submit a SIP revision to EPA prior to June 16, 2022, so the offset sanctions identified in CAA section 179(b)(2) began June 16, 2022. On December 12, 2022, PADEP submitted a SIP revision to implement RACT-level controls on categories of sources addressed by the EPA’s 2016 Oil and Gas CTG to fulfill obligations associated with the 2008 and 2015 ozone NAAQS.7 On September 8, 2023, PADEP submitted a SIP revision on behalf of the ACHD 8 which incorporated by reference, with minor changes, Pennsylvania’s regulations implementing RACT controls for sources covered by EPA’s 2016 Oil and Gas CTG for both the 2008 and 2015 ozone NAAQS. ACHD submitted this revision so that regulations at the county level could be consistent with regulations at the State level and in Pennsylvania’s approved SIP. Except for minor modifications, Allegheny County’s regulation is identical to the Pennsylvania regulations addressing EPA’s 2016 Oil and Gas CTG. Therefore, EPA’s analysis of Pennsylvania’s Oil and Gas regulation is applicable to ACHD’s regulation. ACHD’s minor revisions to the Pennsylvania regulations change cross references from Pennsylvania’s regulations to ACHD’s regulations and substitute Allegheny 6 Findings of Failure To Submit State Implementation Plan Revisions in Response to the EPA 2016 Oil and Natural Gas Industry Control Techniques Guidelines for the 2008 Ozone National Ambient Air Quality Standards (NAAQS) and for States in the Ozone Transport Region, 85 FR 72963 (November 16, 2020). 7 PADEP’s SIP submission is located in the docket for this proposed rulemaking and can be found under Docket ID Number EPA–R03–OAR–2023– 0300 at www.regulations.gov. 8 Article XXI Air Pollution Control, ACHD rules and regulations, www.alleghenycounty.us/files/ assets/county/v/1/services/health/documents/airquality/enforcement/regulations/article-21-airpollution-control.pdf. ACHD’s SIP submission is located in the docket for this proposed rulemaking and can be found under Docket ID Number EPA– R03–OAR–2023–0300 at www.regulations.gov. PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 53933 County offices and officials for statelevel offices and officials referenced in the Pennsylvania regulation. As such, ACHD relied upon PADEP’s RACT analysis and determinations to support its regulations. Therefore, references to PADEP’s analysis below also apply to ACHD’s SIP revision. EPA evaluated Pennsylvania’s December 12, 2022 SIP submittal and determined via a December 14, 2022 letter to PADEP that it was administratively complete. This completeness determination rescinded the offset sanctions that took effect on June 16, 2022 as a result of EPA’s November 16, 2020 FFS and prevented the imposition of Federal highway sanctions that would have otherwise taken effect on December 16, 2022 as a result of EPA’s 2020 FFS. The same completeness determination also stopped the imposition of sanctions that could have resulted from EPA’s December 16, 2021 FFS for Pennsylvania’s failure to submit a SIP revision for the 2015 ozone NAAQS addressing the EPA’s 2016 Oil and Gas CTG. Finally, EPA’s long-standing definition of RACT is ‘‘the lowest emission limit that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility.’’ 9 II. Summary of Pennsylvania and Allegheny County’s SIP Revision 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. As defined by Pennsylvania, a conventional gas well is located both above and below the Elk Sandstone and yields gas or oil from a conventional formation in age. Pennsylvania defines an unconventional well as a well that is drilled into an unconventional formation, which is a geological shale formation located beneath the Elk Sandstone or its geologic equivalent and in which natural gas production is typically limited to horizontal or 9 See Memorandum, dated December 9, 1976, from Roger Strelow, EPA, entitled ‘‘Guidance for determining Acceptability of SIP Regulations in Non-attainment Areas,’’ available at www3.epa.gov/ ttn/naaqs/aqmguide/collection/cp2/19761209_ strelow_ract.pdf. E:\FR\FM\28JNP1.SGM 28JNP1 53934 Federal Register / Vol. 89, No. 125 / Friday, June 28, 2024 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS vertical well bores that have been stimulated by hydraulic fracturing. Despite being separate, both regulations (Regulation #7–544, entitled ‘‘Control of VOC Emissions from Conventional Oil and Natural Gas Sources,’’ and Regulation #7–580, entitled ‘‘Control of VOC Emissions from Unconventional Oil and Natural Gas Sources,’’) 10 are nearly identical and have no technical differences. ACHD is incorporating by reference the requirements of regulations 7–544 and 7–580 into Allegheny County’s regulations.11 Regulation #7–544 amends 25 Pennsylvania Code (Pa. Code) chapter 129 by adding provisions (sections 129.131–129.140) imposing RACT-level controls for VOC emissions from certain sources within ‘‘conventional’’ oil and natural gas operations, including recordkeeping and reporting requirements. Regulation #7–580 amends 25 Pa. Code Chapters 121 and 129 by adding provisions (sections 129.121–129.130) 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 has 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. EPA’s technical support document (TSD), which is in the docket for this action, provides more detail concerning EPA’s review of Pennsylvania’s regulations. Table 1 in the TSD lists the sources covered by EPA’s 2016 Oil and Gas CTG and Pennsylvania’s regulations, compares the RACT recommendations for sources 10 Both proposed regulations can be found in the Pennsylvania Bulletin at 52 Pa. B 7635, and 52 Pa. B. 7587 (December 10, 2022), at www.pacodeandbulletin.gov/Display/pabull?file=/ secure/pabulletin/data/vol52/52-50/ 1925.html&d=reduce (conventional) and www.pacodeandbulletin.gov/Display/pabull?file=/ secure/pabulletin/data/vol52/52-50/ 1924.html&d=reduce (unconventional). 11 The ACHD Rules and Regulations in Article XXI, Air Pollution Controls, are amended. The SIP revision adds § 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 25 Pa. Code 129.121–129.130 (unconventional sources) and 25 Pa. Code 129.131– 129.140 (conventional sources). VerDate Sep<11>2014 16:06 Jun 27, 2024 Jkt 262001 in EPA’s CTG to Pennsylvania’s (and Allegheny County’s) SIP requirements for each source category, and sets forth Pennsylvania’s consideration of all available information as to whether these requirements constitute RACT. The following paragraphs summarize Pennsylvania’s (and ACHD’s) RACT regulations, analysis, and determinations. Pennsylvania’s Oil and Gas regulations address all of the sources covered by EPA’s 2016 Oil and Gas CTG, as required by section 182(b)(2)(A) and (B) and section 184(b)(1)(B) of the CAA. These include storage vessels, pneumatic controllers, pneumatic pumps, compressors (reciprocating and centrifugal), equipment leaks, and fugitive emissions. Pennsylvania has also chosen to regulate certain individual reciprocating compressors at well sites, which is not a source covered by the 2016 Oil and Gas CTG, and has included these controls as part of the SIP revision. EPA is therefore proposing to approve these controls for individual reciprocating compressors at well sites as SIP strengthening measures. For the sources covered by both the CTG and Pennsylvania’s regulations, PADEP largely determined that the control techniques or methods and levels of emission control required by the 2016 Oil and Gas CTG were technologically feasible for Pennsylvania’s sources, and EPA is proposing to agree. See Table 1 in EPA’s TSD. In summary, Pennsylvania’s regulations establish VOC emission limitations and other requirements for natural gas-driven continuous bleed pneumatic controllers, natural gasdriven diaphragm pumps, and centrifugal compressors that are similar to the RACT recommendations in the 2016 Oil and Gas CTG. For storage vessels and fugitive emissions components, Pennsylvania’s regulations go beyond the CTG recommendations in certain ways. For storage vessels, Pennsylvania requires vessels with a potential to emit (PTE) 2.7 tons per year (tpy) of VOCs to be controlled to a 95% or greater by weight degree, while the CTG recommends 95% control for storage vessels with a PTE equal to or greater than six tpy or no control for those maintaining actual emissions below four tpy. See Table 1 in EPA’s TSD. PADEP determined that a 2.7 tpy VOC emission threshold for storage vessels is RACT, as it is both technologically and economically feasible for both potential to emit and actual emissions from all covered storage vessels. For fugitive emissions, Pennsylvania’s regulations address the same ‘‘affected sources’’ as EPA’s CTG, PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 i.e., leaks from components in VOC service at natural gas processing plants, fugitive emissions from oil and gas well sites meeting certain production criteria, and fugitive emissions from individual gathering and boosting stations located between the wellhead and transfer to the natural gas transmission or storage segment or oil pipeline. For natural gas processing plants, Pennsylvania requires following the same leak detection and repair (LDAR) requirements in 40 Code of Federal Regulations (CFR) part 60, subpart VVa that the CTG recommends, resulting in quarterly instrument LDAR inspections and monthly auditory, visual and olfactory (AVO) inspections. In addition, for individual well sites having wells with a gas-to-oil ratio (GOR) ≥300 that produce, on average, >15 barrel of oil equivalents (BOE) per well per day, the 2016 Oil and Gas CTG requires semi-annual Optical Gas Imaging (OGI) or Method 21 monitoring for fugitive emissions (leaks). Pennsylvania’s regulations allow the same methods of leak detection (Method 21 or OGI) and other methods approved by PADEP. For well sites with a GOR equal to or greater than 300, Pennsylvania requires that one well produce 15 BOE per day and one other well produce 5 BOE per day to trigger annual instrument LDAR monitoring and monthly AVO monitoring. In addition, for well sites with a GOR equal to or greater than 300 with average production of 15 BOE or more per day and one well producing 15 BOE or more per day, the owner must conduct quarterly instrument LDAR monitoring and monthly AVO inspections. Thus, it appears that Pennsylvania is requiring some type of monitoring both more frequently and at more well sites than recommended by the 2016 Oil and Gas CTG in many cases. PADEP also performed economic feasibility analyses for each individual source covered by the CTG recommendations. Pennsylvania’s Regulatory Review Act (RRA) 12 requires that every regulation be reviewed by the Independent Regulatory Review Commission (IRRC), and that the State agency submit to the IRRC a regulatory analysis form (RAF) answering certain questions, which include identifying the financial, economic and social impact of the regulation on, among other entities, individuals, small businesses, and private and public organizations. 71 Pennsylvania Statutes (P.S.) § 745.5(a)(10). PADEP’s RAFs analyze the cost and savings of implementing 12 The Regulatory Review Act is found at 71 P.S. sections 745.1–745.15. E:\FR\FM\28JNP1.SGM 28JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 89, No. 125 / Friday, June 28, 2024 / Proposed Rules their oil and gas regulations for each source covered by the regulations. In general, to determine whether a specific air pollution control technology was economically feasible as RACT, PADEP set a cost-effectiveness benchmark in terms of the annualized costs of each control per ton of VOC emissions removed by that control. PADEP adjusted the cost benchmarks it used in previous RACT rulemakings of $5,500 per ton of VOC emissions removed, by multiplying by the Consumer Price Index differential between 2014 and 2021, to arrive at a 2021 cost effective benchmark of $6,600 per ton of VOC emissions removed. EPA’s TSD summarizes, in Table 4, PADEP’s cost analysis in the RAFs for each regulated source controlled by Pennsylvania’s regulations.13 PADEP performed a separate cost analysis for each regulated source, and a separate cost analysis for these sources in the conventional and unconventional oil and gas industry. PADEP’s analyses showed that the cost per ton of VOC reduced for most sources would not exceed the $6,600 per ton economically feasible benchmark. However, for some sources, such as fugitive emissions from well sites without existing LDAR programs and well sites that would have to implement quarterly LDAR programs, the cost per ton of VOC reduced would exceed $6,600. PADEP still found these to be cost effective. PADEP also identified one gathering or boosting station in the conventional industry with an annual LDAR program which would have to implement a quarterly program, at a cost exceeding $6,600 per ton of VOC, but also found this to be cost effective. PADEP did not find that any that new controls or requirements were economically infeasible, and in some cases required controls notwithstanding the cost per ton exceeding the $6,600 cost per ton benchmark. PADEP can select differing economic feasibility benchmarks for different source categories if it elects to do so. EPA believes that PADEP has performed a thorough economic feasibility analysis and has justified the controls required by its regulations as economically feasible for RACT. PADEP’s oil and gas regulations also contain requirements for testing, recordkeeping, and reporting of 13 Given the short period of time between Pennsylvania’s consideration of the economic and technological feasibility of their regulations (November 2022) and Allegheny County’s incorporation by reference of those regulations (September 2023), it is unlikely that the economic or technological considerations changed significantly enough to require a new analysis of those elements of RACT. VerDate Sep<11>2014 16:06 Jun 27, 2024 Jkt 262001 information to PADEP so that compliance with the regulatory requirements can be tracked. Table 2 of EPA’s TSD outlines these requirements. PADEP also compared their regulations to oil and gas regulations adopted by the California Air Resources Board (CARB), South Coast Air Quality Management District (SCAQMD), San Joaquin Valley Air Pollution Control District (SJVAPCD), Colorado Department Of Public Health And Environment (CDPHE), Montana Department Of Environmental Quality (MDEQ), New Mexico Environment Department (NMED), and the New York State Department Of Environmental Conservation (NYDEC).14 Pennsylvania determined its controls were in some cases both more stringent and less stringent than these other states’ and air pollution control agencies’ requirements, but Pennsylvania’s oil and gas regulations are not an outlier among other jurisdictions’ regulations for the same sources. Ultimately Pennsylvania did not change any of its required controls based on this comparison because the State determined its requirements comprised what was economically and technologically feasible in Pennsylvania. Table 3 in EPA’s TSD describes PADEP’s findings regarding its review of these other states’ and air pollution control districts’ control requirements and section V in EPAs’ TSD documents PADEP’s approach and reasoning for comparisons. EPA has reviewed this analysis as part of the Agency’s proposed determination that PADEP’s submitted SIP revision comprises RACT for sources covered by the 2016 Oil and Gas CTG. III. Proposed Action EPA is proposing to approve 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. IV. Incorporation by Reference In this document, EPA is proposing to include in a final EPA rule regulatory 14 See [15–28] of the conventional RAF and [13– 25] of the unconventional RAF for PADEP’s analysis. PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 53935 text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference Pennsylvania’s amendments made to 25 Pa. Code Chapter 121 and 129 (relating to general provisions; and standards for sources), and article XXI as described in section II of this preamble. EPA has made, and will continue to make, these materials generally available through www.regulations.gov 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). V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve State choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this proposed action: • 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); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • 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.); • 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); • Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); and, • 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 E:\FR\FM\28JNP1.SGM 28JNP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 53936 Federal Register / Vol. 89, No. 125 / Friday, June 28, 2024 / Proposed Rules application of those requirements would be inconsistent with the CAA. In addition, this proposed rulemaking, pertaining to Pennsylvania and Allegheny County’s Oil and Natural Gas Control Measures for the 2008 and 2015 Ozone NAAQS, does not have Tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on Tribal governments or preempt Tribal law. Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, 59 FR 7629, February 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. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and VerDate Sep<11>2014 16:06 Jun 27, 2024 Jkt 262001 recordkeeping requirements, Volatile organic compounds. Adam Ortiz, Regional Administrator, Region III. [FR Doc. 2024–13972 Filed 6–27–24; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Parts 223 and 224 [Docket No. 240520–0140; RTID 0648– XR135] Endangered and Threatened Wildlife; 90-Day Finding on a Petition To List Gulf of Alaska Chinook Salmon as Threatened or Endangered Under the Endangered Species Act; Extension of Public Comment Period National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Extension of public comment period. AGENCY: We, NMFS, announce the extension of the public comment period on our May 24, 2024, 90-day finding on a petition to list Gulf of Alaska (GOA) Chinook salmon (Oncorhynchus tshawytscha), or any evolutionarily significant unit (ESU) that may exist in the petitioned area, as a threatened or endangered species under the Endangered Species Act (ESA). As part of that finding, we solicited scientific and commercial information about the status of this population and announced a 60-day public comment period to end on July 23, 2024. Today, we extend the public comment period by 45 days until September 6, 2024. DATES: The comment period for the 90day finding published May 24, 2024, at 89 FR 45815, is extended. Comments should be received on or before September 6, 2024. ADDRESSES: You may submit data and information relevant to our review of the status of GOA Chinook salmon, identified by ‘‘Gulf of Alaska Chinook salmon Petition’’ or by the docket number, NOAA–NMFS–2024–0042, by any of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal. Go to https://www.regulations.gov and enter NOAA–NMFS–2024–0042 in the Search box. Click on the ‘‘Comment’’ icon, complete the required fields, and enter or attach your comments. SUMMARY: PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 • Mail: Submit written comments to Anne Marie Eich, Assistant Regional Administrator, Protected Resources Division, Alaska Region NMFS, Attn. Susan Meyer. Mail comments to P.O. Box 21668, Juneau, AK 99802. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on https://www.regulations.gov without change. All personal identifying information (e.g., name, address), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/ A’’ in the required fields if you wish to remain anonymous). The petition and 90-day finding are available on the NMFS website at: https://www.fisheries.noaa.gov/action/ petition-list-gulf-alaska-chinooksalmon-threatened-or-endangeredunder-endangered-species. FOR FURTHER INFORMATION CONTACT: Julie Scheurer, NMFS Alaska Region, julie.scheurer@noaa.gov, (907) 586– 7111; or Heather Austin, NMFS Office of Protected Resources, heather.austin@ noaa.gov, (301) 427–8422. SUPPLEMENTARY INFORMATION: On January 11, 2024, we received a petition from the Wild Fish Conservancy to delineate and list one or more ESUs of Chinook salmon in the GOA as threatened or endangered under the ESA, and to designate critical habitat concurrently with the listing. On May 24, 2024, NMFS announced a positive 90-day finding on a petition to list one or more ESUs of GOA Chinook salmon as threatened or endangered under the ESA, and commenced a status review of the species to determine whether one or more ESU warrants listing (89 FR 45815). To ensure that the status review is based on the best available scientific and commercial data, we solicited such information regarding this species and announced a 60-day public comment period through July 23, 2024. On June 3, 2024, we received a request from the Alaska Department of Fish and Game (ADF&G) to extend the deadline for the public to provide comments until at least September 6, 2024. ADF&G noted that the comment period coincides and conflicts with the summer fishing and field season and may not allow sufficient time for interested parties to submit information for the broad geographic area under review. At the June 2024 meeting of the E:\FR\FM\28JNP1.SGM 28JNP1

Agencies

[Federal Register Volume 89, Number 125 (Friday, June 28, 2024)]
[Proposed Rules]
[Pages 53932-53936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13972]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2023-0300; FRL-11403-01-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: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve State implementation plan (SIP) revisions submitted by the 
Commonwealth of Pennsylvania. The revisions establish and require 
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 proposing to approve 
Allegheny County, Pennsylvania's incorporation of the Pennsylvania 
regulations 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: Written comments must be received on or before July 29, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2023-0300 at www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit www.epa.gov/dockets/commenting-epa-dockets.

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 
[email protected].

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, the Allegheny 
County Health Department (ACHD) submitted a revision to the Allegheny 
County SIP incorporating by reference (IBR) the aforementioned 
Pennsylvania regulations with minor modifications to Pennsylvania's 
regulations in order to refer to offices, officers, and make proper 
cross references to the existing Allegheny County regulations and EPA-
approved SIP.

I. Background

A. Final Control Techniques Guidelines for the Oil and Natural Gas 
Industry

    On October 27, 2016, EPA published in the Federal Register the 
``Final Control Techniques Guidelines for the Oil and Natural Gas 
Industry'' (EPA's 2016 Oil and Gas CTG) (81 FR 74798).\1\ EPA's 2016 
Oil and Gas CTG provided information to state, local, and Tribal air 
agencies to assist them in determining RACT for VOC emissions from 
select oil and natural gas industry emission sources. CAA section 
182(b)(2)(A) and (B) requires that for ozone nonattainment areas 
classified as Moderate or above, states must revise their SIPs to 
include provisions to implement RACT for each category of VOC sources 
covered by a CTG document. CAA section 184(b)(1)(B) extends this RACT 
obligation to all areas of states within the Ozone Transport Region 
(OTR). EPA classifies nonattainment areas based on the severity of 
their ozone problem. Nonattainment areas fall into five

[[Page 53933]]

categories: Marginal, Moderate, Serious, Severe, and Extreme. The 
Pennsylvania portion of the Philadelphia-Wilmington-Atlantic City, PA-
NJ-MD-DE area is classified as Marginal nonattainment for the 2008 
ozone standard, and as Moderate nonattainment for the 2015 ozone 
standard. The Allentown-Bethlehem-Easton, Lancaster, Pittsburgh-Beaver 
Valley,\2\ and Reading areas are classified as Marginal nonattainment 
for the 2008 ozone standard, and attainment for the 2015 ozone 
standard.\3\ Pennsylvania, which includes Allegheny County, is a State 
within the OTR. See CAA section 184. States subject to RACT 
requirements are required to adopt controls that represent reasonably 
available control technology for sources covered by CTGs either via the 
adoption of regulations, or by issuance of single source orders or 
permits that specify what the source is required to do to meet RACT. 
See CAA section 184(b)(1). PADEP, on behalf of the City of 
Philadelphia, Department of Public Health, Air Management Services 
(AMS), previously submitted a negative declaration, which EPA approved, 
stating that Philadelphia County contained no source categories covered 
by the 1983 Oil and Gas CTG as part of its SIP revision to address the 
RACT requirements for the 2008 Ozone national ambient air quality 
standard.\4\
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    \1\ www.epa.gov/sites/default/files/2016-10/documents/2016-ctg-oil-and-gas.pdf.
    \2\ www.epa.gov/green-book/green-book-8-hour-ozone-2008-area-information.
    \3\ www.epa.gov/green-book/green-book-8-hour-ozone-2015-area-information.
    \4\ The final rule action satisfying Philadelphia's VOC RACT 
requirements for source categories covered by CTGs for the 2008 
Ozone NAAQS was published on October 24, 2019, effective November 
25, 2019 (84 FR 56946).
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B. Findings of Failure To Submit

    On November 16, 2020, and December 16, 2021,\5\ EPA issued Findings 
of Failure to Submit (FFS) which found that certain states, including 
Pennsylvania, failed to submit SIP revisions in a timely manner to 
satisfy the CAA's RACT requirement for either, or both of, the 2008 and 
2015 Ozone NAAQS, to implement RACT for categories of sources addressed 
by the EPA's 2016 Oil and Gas CTG. These findings of failure to submit 
each established a 24-month deadline for EPA to either approve SIP 
revisions or finalize Federal implementation plans (FIPs) to implement 
RACT level controls for the categories of sources addressed in the CTG. 
These actions also established timelines for the implementation of two 
mandatory sanctions that would begin if the named states did not submit 
complete SIP revisions to address the CTG: (1) eighteen months after 
the effective date of these findings, a 2-to-1 offset ratio for the 
nonattainment new source review (NSR) permitting program would go into 
effect, such that for every unit of VOC or Nitrogen Oxides 
(NOX) emissions a new or modified source will contribute to 
the nonattainment area or OTR state, two units must be reduced; and (2) 
six months after the date of offset sanctions, Federal highway funding 
would be withheld in nonattainment areas. See 85 FR 72963 at 72965, 
November 16, 2020.\6\ Pennsylvania did not submit a SIP revision to EPA 
prior to June 16, 2022, so the offset sanctions identified in CAA 
section 179(b)(2) began June 16, 2022.
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    \5\ The finding of failure to submit for the EPA 2016 Oil and 
Gas CTG for the 2008 NAAQS was issued and published on November 16, 
2020 (85 FR 72963), with an effective date of December 16, 2020, and 
for the 2015 NAAQS on December 16, 2021 (86 FR 71385), with an 
effective date of January 18, 2022.
    \6\ Findings of Failure To Submit State Implementation Plan 
Revisions in Response to the EPA 2016 Oil and Natural Gas Industry 
Control Techniques Guidelines for the 2008 Ozone National Ambient 
Air Quality Standards (NAAQS) and for States in the Ozone Transport 
Region, 85 FR 72963 (November 16, 2020).
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    On December 12, 2022, PADEP submitted a SIP revision to implement 
RACT-level controls on categories of sources addressed by the EPA's 
2016 Oil and Gas CTG to fulfill obligations associated with the 2008 
and 2015 ozone NAAQS.\7\ On September 8, 2023, PADEP submitted a SIP 
revision on behalf of the ACHD \8\ which incorporated by reference, 
with minor changes, Pennsylvania's regulations implementing RACT 
controls for sources covered by EPA's 2016 Oil and Gas CTG for both the 
2008 and 2015 ozone NAAQS. ACHD submitted this revision so that 
regulations at the county level could be consistent with regulations at 
the State level and in Pennsylvania's approved SIP. Except for minor 
modifications, Allegheny County's regulation is identical to the 
Pennsylvania regulations addressing EPA's 2016 Oil and Gas CTG. 
Therefore, EPA's analysis of Pennsylvania's Oil and Gas regulation is 
applicable to ACHD's regulation. ACHD's minor revisions to the 
Pennsylvania regulations change cross references from Pennsylvania's 
regulations to ACHD's regulations and substitute Allegheny County 
offices and officials for state-level offices and officials referenced 
in the Pennsylvania regulation. As such, ACHD relied upon PADEP's RACT 
analysis and determinations to support its regulations. Therefore, 
references to PADEP's analysis below also apply to ACHD's SIP revision.
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    \7\ PADEP's SIP submission is located in the docket for this 
proposed rulemaking and can be found under Docket ID Number EPA-R03-
OAR-2023-0300 at www.regulations.gov.
    \8\ Article XXI Air Pollution Control, ACHD rules and 
regulations, www.alleghenycounty.us/files/assets/county/v/1/
services/health/documents/air-quality/enforcement/regulations/
article-21-air-pollution-control.pdf. ACHD's SIP submission is 
located in the docket for this proposed rulemaking and can be found 
under Docket ID Number EPA-R03-OAR-2023-0300 at www.regulations.gov.
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    EPA evaluated Pennsylvania's December 12, 2022 SIP submittal and 
determined via a December 14, 2022 letter to PADEP that it was 
administratively complete. This completeness determination rescinded 
the offset sanctions that took effect on June 16, 2022 as a result of 
EPA's November 16, 2020 FFS and prevented the imposition of Federal 
highway sanctions that would have otherwise taken effect on December 
16, 2022 as a result of EPA's 2020 FFS. The same completeness 
determination also stopped the imposition of sanctions that could have 
resulted from EPA's December 16, 2021 FFS for Pennsylvania's failure to 
submit a SIP revision for the 2015 ozone NAAQS addressing the EPA's 
2016 Oil and Gas CTG.
    Finally, EPA's long-standing definition of RACT is ``the lowest 
emission limit that a particular source is capable of meeting by the 
application of control technology that is reasonably available 
considering technological and economic feasibility.'' \9\
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    \9\ See Memorandum, dated December 9, 1976, from Roger Strelow, 
EPA, entitled ``Guidance for determining Acceptability of SIP 
Regulations in Non-attainment Areas,'' available at www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/19761209_strelow_ract.pdf.
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II. Summary of Pennsylvania and Allegheny County's SIP Revision 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. As defined by Pennsylvania, a conventional 
gas well is located both above and below the Elk Sandstone and yields 
gas or oil from a conventional formation in age. Pennsylvania defines 
an unconventional well as a well that is drilled into an unconventional 
formation, which is a geological shale formation located beneath the 
Elk Sandstone or its geologic equivalent and in which natural gas 
production is typically limited to horizontal or

[[Page 53934]]

vertical well bores that have been stimulated by hydraulic fracturing.
    Despite being separate, both regulations (Regulation #7-544, 
entitled ``Control of VOC Emissions from Conventional Oil and Natural 
Gas Sources,'' and Regulation #7-580, entitled ``Control of VOC 
Emissions from Unconventional Oil and Natural Gas Sources,'') \10\ are 
nearly identical and have no technical differences. ACHD is 
incorporating by reference the requirements of regulations 7-544 and 7-
580 into Allegheny County's regulations.\11\
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    \10\ Both proposed regulations can be found in the Pennsylvania 
Bulletin at 52 Pa. B 7635, and 52 Pa. B. 7587 (December 10, 2022), 
at www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol52/52-50/1925.html&d=reduce (conventional) and 
www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol52/52-50/1924.html&d=reduce (unconventional).
    \11\ 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 
25 Pa. Code 129.121-129.130 (unconventional sources) and 25 Pa. Code 
129.131-129.140 (conventional sources).
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    Regulation #7-544 amends 25 Pennsylvania Code (Pa. Code) chapter 
129 by adding provisions (sections 129.131-129.140) imposing RACT-level 
controls for VOC emissions from certain sources within ``conventional'' 
oil and natural gas operations, including recordkeeping and reporting 
requirements. Regulation #7-580 amends 25 Pa. Code Chapters 121 and 129 
by adding provisions (sections 129.121-129.130) 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 has 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. EPA's technical support document (TSD), 
which is in the docket for this action, provides more detail concerning 
EPA's review of Pennsylvania's regulations. Table 1 in the TSD lists 
the sources covered by EPA's 2016 Oil and Gas CTG and Pennsylvania's 
regulations, compares the RACT recommendations for sources in EPA's CTG 
to Pennsylvania's (and Allegheny County's) SIP requirements for each 
source category, and sets forth Pennsylvania's consideration of all 
available information as to whether these requirements constitute RACT. 
The following paragraphs summarize Pennsylvania's (and ACHD's) RACT 
regulations, analysis, and determinations.
    Pennsylvania's Oil and Gas regulations address all of the sources 
covered by EPA's 2016 Oil and Gas CTG, as required by section 
182(b)(2)(A) and (B) and section 184(b)(1)(B) of the CAA. These include 
storage vessels, pneumatic controllers, pneumatic pumps, compressors 
(reciprocating and centrifugal), equipment leaks, and fugitive 
emissions. Pennsylvania has also chosen to regulate certain individual 
reciprocating compressors at well sites, which is not a source covered 
by the 2016 Oil and Gas CTG, and has included these controls as part of 
the SIP revision. EPA is therefore proposing to approve these controls 
for individual reciprocating compressors at well sites as SIP 
strengthening measures.
    For the sources covered by both the CTG and Pennsylvania's 
regulations, PADEP largely determined that the control techniques or 
methods and levels of emission control required by the 2016 Oil and Gas 
CTG were technologically feasible for Pennsylvania's sources, and EPA 
is proposing to agree. See Table 1 in EPA's TSD. In summary, 
Pennsylvania's regulations establish VOC emission limitations and other 
requirements for natural gas-driven continuous bleed pneumatic 
controllers, natural gas-driven diaphragm pumps, and centrifugal 
compressors that are similar to the RACT recommendations in the 2016 
Oil and Gas CTG. For storage vessels and fugitive emissions components, 
Pennsylvania's regulations go beyond the CTG recommendations in certain 
ways. For storage vessels, Pennsylvania requires vessels with a 
potential to emit (PTE) 2.7 tons per year (tpy) of VOCs to be 
controlled to a 95% or greater by weight degree, while the CTG 
recommends 95% control for storage vessels with a PTE equal to or 
greater than six tpy or no control for those maintaining actual 
emissions below four tpy. See Table 1 in EPA's TSD. PADEP determined 
that a 2.7 tpy VOC emission threshold for storage vessels is RACT, as 
it is both technologically and economically feasible for both potential 
to emit and actual emissions from all covered storage vessels. For 
fugitive emissions, Pennsylvania's regulations address the same 
``affected sources'' as EPA's CTG, i.e., leaks from components in VOC 
service at natural gas processing plants, fugitive emissions from oil 
and gas well sites meeting certain production criteria, and fugitive 
emissions from individual gathering and boosting stations located 
between the wellhead and transfer to the natural gas transmission or 
storage segment or oil pipeline. For natural gas processing plants, 
Pennsylvania requires following the same leak detection and repair 
(LDAR) requirements in 40 Code of Federal Regulations (CFR) part 60, 
subpart VVa that the CTG recommends, resulting in quarterly instrument 
LDAR inspections and monthly auditory, visual and olfactory (AVO) 
inspections. In addition, for individual well sites having wells with a 
gas-to-oil ratio (GOR) >=300 that produce, on average, >15 barrel of 
oil equivalents (BOE) per well per day, the 2016 Oil and Gas CTG 
requires semi-annual Optical Gas Imaging (OGI) or Method 21 monitoring 
for fugitive emissions (leaks). Pennsylvania's regulations allow the 
same methods of leak detection (Method 21 or OGI) and other methods 
approved by PADEP. For well sites with a GOR equal to or greater than 
300, Pennsylvania requires that one well produce 15 BOE per day and one 
other well produce 5 BOE per day to trigger annual instrument LDAR 
monitoring and monthly AVO monitoring. In addition, for well sites with 
a GOR equal to or greater than 300 with average production of 15 BOE or 
more per day and one well producing 15 BOE or more per day, the owner 
must conduct quarterly instrument LDAR monitoring and monthly AVO 
inspections. Thus, it appears that Pennsylvania is requiring some type 
of monitoring both more frequently and at more well sites than 
recommended by the 2016 Oil and Gas CTG in many cases.
    PADEP also performed economic feasibility analyses for each 
individual source covered by the CTG recommendations. Pennsylvania's 
Regulatory Review Act (RRA) \12\ requires that every regulation be 
reviewed by the Independent Regulatory Review Commission (IRRC), and 
that the State agency submit to the IRRC a regulatory analysis form 
(RAF) answering certain questions, which include identifying the 
financial, economic and social impact of the regulation on, among other 
entities, individuals, small businesses, and private and public 
organizations. 71 Pennsylvania Statutes (P.S.) Sec.  745.5(a)(10). 
PADEP's RAFs analyze the cost and savings of implementing

[[Page 53935]]

their oil and gas regulations for each source covered by the 
regulations. In general, to determine whether a specific air pollution 
control technology was economically feasible as RACT, PADEP set a cost-
effectiveness benchmark in terms of the annualized costs of each 
control per ton of VOC emissions removed by that control. PADEP 
adjusted the cost benchmarks it used in previous RACT rulemakings of 
$5,500 per ton of VOC emissions removed, by multiplying by the Consumer 
Price Index differential between 2014 and 2021, to arrive at a 2021 
cost effective benchmark of $6,600 per ton of VOC emissions removed.
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    \12\ The Regulatory Review Act is found at 71 P.S. sections 
745.1-745.15.
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    EPA's TSD summarizes, in Table 4, PADEP's cost analysis in the RAFs 
for each regulated source controlled by Pennsylvania's regulations.\13\ 
PADEP performed a separate cost analysis for each regulated source, and 
a separate cost analysis for these sources in the conventional and 
unconventional oil and gas industry. PADEP's analyses showed that the 
cost per ton of VOC reduced for most sources would not exceed the 
$6,600 per ton economically feasible benchmark. However, for some 
sources, such as fugitive emissions from well sites without existing 
LDAR programs and well sites that would have to implement quarterly 
LDAR programs, the cost per ton of VOC reduced would exceed $6,600. 
PADEP still found these to be cost effective. PADEP also identified one 
gathering or boosting station in the conventional industry with an 
annual LDAR program which would have to implement a quarterly program, 
at a cost exceeding $6,600 per ton of VOC, but also found this to be 
cost effective. PADEP did not find that any that new controls or 
requirements were economically infeasible, and in some cases required 
controls notwithstanding the cost per ton exceeding the $6,600 cost per 
ton benchmark. PADEP can select differing economic feasibility 
benchmarks for different source categories if it elects to do so. EPA 
believes that PADEP has performed a thorough economic feasibility 
analysis and has justified the controls required by its regulations as 
economically feasible for RACT.
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    \13\ Given the short period of time between Pennsylvania's 
consideration of the economic and technological feasibility of their 
regulations (November 2022) and Allegheny County's incorporation by 
reference of those regulations (September 2023), it is unlikely that 
the economic or technological considerations changed significantly 
enough to require a new analysis of those elements of RACT.
---------------------------------------------------------------------------

    PADEP's oil and gas regulations also contain requirements for 
testing, recordkeeping, and reporting of information to PADEP so that 
compliance with the regulatory requirements can be tracked. Table 2 of 
EPA's TSD outlines these requirements.
    PADEP also compared their regulations to oil and gas regulations 
adopted by the California Air Resources Board (CARB), South Coast Air 
Quality Management District (SCAQMD), San Joaquin Valley Air Pollution 
Control District (SJVAPCD), Colorado Department Of Public Health And 
Environment (CDPHE), Montana Department Of Environmental Quality 
(MDEQ), New Mexico Environment Department (NMED), and the New York 
State Department Of Environmental Conservation (NYDEC).\14\ 
Pennsylvania determined its controls were in some cases both more 
stringent and less stringent than these other states' and air pollution 
control agencies' requirements, but Pennsylvania's oil and gas 
regulations are not an outlier among other jurisdictions' regulations 
for the same sources. Ultimately Pennsylvania did not change any of its 
required controls based on this comparison because the State determined 
its requirements comprised what was economically and technologically 
feasible in Pennsylvania. Table 3 in EPA's TSD describes PADEP's 
findings regarding its review of these other states' and air pollution 
control districts' control requirements and section V in EPAs' TSD 
documents PADEP's approach and reasoning for comparisons. EPA has 
reviewed this analysis as part of the Agency's proposed determination 
that PADEP's submitted SIP revision comprises RACT for sources covered 
by the 2016 Oil and Gas CTG.
---------------------------------------------------------------------------

    \14\ See [15-28] of the conventional RAF and [13-25] of the 
unconventional RAF for PADEP's analysis.
---------------------------------------------------------------------------

III. Proposed Action

    EPA is proposing to approve 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.

IV. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Pennsylvania's amendments made to 25 Pa. Code Chapter 121 and 
129 (relating to general provisions; and standards for sources), and 
article XXI as described in section II of this preamble. EPA has made, 
and will continue to make, these materials generally available through 
www.regulations.gov 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).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve State choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves State law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by State 
law. For that reason, this proposed action:
     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);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     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.);
     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);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and,
     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

[[Page 53936]]

application of those requirements would be inconsistent with the CAA.
    In addition, this proposed rulemaking, pertaining to Pennsylvania 
and Allegheny County's Oil and Natural Gas Control Measures for the 
2008 and 2015 Ozone NAAQS, does not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on Tribal governments or preempt Tribal law.
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 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.

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.
[FR Doc. 2024-13972 Filed 6-27-24; 8:45 am]
BILLING CODE 6560-50-P
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