Air Plan Approval; Pennsylvania; Oil and Natural Gas Control Measures for 2008 and 2015 Ozone National Ambient Air Quality Standards, 79752-79756 [2024-22386]
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79752
Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Rules and Regulations
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[FR Doc. 2024–22194 Filed 9–30–24; 8:45 am]
BILLING CODE 3510–16–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2023–0300; FRL–11403–
02–R3]
Air Plan Approval; Pennsylvania; Oil
and Natural Gas Control Measures for
2008 and 2015 Ozone National Ambient
Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania. The revision establishes
and requires reasonably available
control technology (RACT) requirements
for the 2008 and 2015 ozone national
ambient air quality standards (NAAQS)
for each category of volatile organic
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SUMMARY:
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compound (VOC) sources in
Pennsylvania covered by the EPA’s 2016
Control Techniques Guidelines (CTG)
for the oil and gas industry. EPA is also
approving Allegheny County,
Pennsylvania’s SIP revision, which
incorporates by reference the above
Pennsylvania regulations for the 2016
CTG for oil and gas into the Allegheny
County SIP with minor changes to
reference Allegheny County’s existing
regulations. This action is being taken
under the Clean Air Act (CAA).
DATES: This final rule is effective on
October 31, 2024.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2023–0300. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through www.regulations.gov,
or please contact the person identified
in the FOR FURTHER INFORMATION
CONTACT section for additional
availability information.
FOR FURTHER INFORMATION CONTACT:
Michael O’Shea, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1600 John
F. Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone
number is (215) 814–2064. Dr. O’Shea
can also be reached via electronic mail
at 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, PADEP
submitted, on behalf of Allegheny
County Health Department (ACHD), a
revision to the Allegheny County SIP
(Allegheny County SIP submission/
submittal) incorporating by reference
(IBR) the aforementioned Pennsylvania
regulations.
I. Background
On June 28, 2024 (89 FR 53932), EPA
published a notice of proposed
rulemaking (NPRM) for the
Commonwealth of Pennsylvania and
Allegheny County. In the NPRM, EPA
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proposed approval of Pennsylvania’s
SIP submittal and ACHD’s SIP
submittal. The formal SIP revisions
were submitted by Pennsylvania on
December 12, 2022 and by PADEP on
behalf of ACHD on September 8, 2023.1
The Pennsylvania submittal establishes
RACT requirements for the 2008 and
2015 ozone NAAQS for each category of
VOC sources in Pennsylvania covered
by EPA’s October 27, 2016 ‘‘Final
Control Techniques Guidelines for the
Oil and Natural Gas Industry’’ (EPA’s
2016 Oil and Gas CTG) (81 FR 74798).
The Allegheny County, Pennsylvania
submittal addresses the same CTG by
incorporating the Pennsylvania
regulations into the Allegheny County
SIP with minor changes to reference
Allegheny County’s existing regulations.
These SIP revisions were submitted to
meet the requirement in CAA section
182(b)(2)(A) and (B) that states with
ozone nonattainment areas classified as
Moderate or above must revise their
SIPs to include provisions to implement
RACT for each category of VOC sources
covered by a CTG document. CAA
section 184(b)(1)(B) also extends this
RACT obligation to all areas of states
within the Ozone Transport Region
(OTR). The entire state of Pennsylvania
is within the OTR (See CAA section
184(a)), and has one ozone
nonattainment area classified as
moderate or above.2 A more complete
discussion of the purpose and history of
these SIP revisions can be found in
EPA’s NPRM.
II. Summary of the SIP Revisions and
EPA’s Analysis
Pennsylvania’s and Allegheny
County’s SIP submissions included two
separate sets of nearly identical
regulations for two types of oil and
natural gas sources as defined by
Pennsylvania and Allegheny County:
‘‘conventional’’ oil and gas sources, and
‘‘unconventional’’ oil and gas sources.
EPA’s 2016 Oil and Gas CTG does not
distinguish between the two types of
sources. Despite being separate, both
regulations (Regulation #7–544, entitled
‘‘Control of VOC Emissions from
Unconventional Oil and Natural Gas
Sources,’’ and Regulation #7–580,
entitled ‘‘Control of VOC Emissions
from Conventional Oil and Natural Gas
1 The PADEP and ACHD SIP submittals are
located in the docket for this final rule and can be
found under Docket ID Number EPA–R03–OAR–
2023–0300 at www.regulations.gov.
2 The Pennsylvania portion of the PhiladelphiaWilmington-Atlantic City, PA-NJ-MD-DE area is
classified as Serious nonattainment for the 2015
ozone NAAQS (See 89 FR 61025 (July 30, 2024)).
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Sources,’’) 3 are nearly identical and
have no technical differences.4 ACHD is
incorporating by reference the
requirements of regulations 7–544 and
7–580 into Allegheny County’s
regulations.5
Regulation #7–580 amends 25
Pennsylvania Code (Pa. Code) Chapter
129 by adding provisions (sections
129.131 through 129.140) imposing
RACT-level controls for VOC emissions
from certain sources within
‘‘conventional’’ oil and natural gas
operations, including recordkeeping and
reporting requirements. Regulation #7–
544 amends 25 Pa. Code Chapters 121
and 129 by adding provisions (sections
129.121 through 129.130) imposing
RACT-level VOC emissions controls for
certain sources in ‘‘unconventional’’ oil
and natural gas operations, including
recordkeeping and reporting
requirements. Both sets of regulations
apply to similar sources of VOC
emissions, including pneumatic
controllers, diaphragm pumps,
compressors, fugitive emission
components, and storage vessels within
certain areas.
EPA reviewed Pennsylvania’s and
Allegheny County’s SIP submissions
containing regulations establishing
RACT requirements for categories of
sources identified in EPA’s 2016 Oil and
Gas CTG for both the 2008 and 2015
Ozone NAAQS, and proposed to
approve these submissions as SIP
revisions in our June 28, 2024 NPRM. A
full discussion of EPA’s rationale for
approving these SIP submissions is
available in the NPRM and also in the
EPA’s technical support document
(TSD) accompanying the NPRM, which
is in the docket for this action. EPA’s
analysis included a discussion of
PADEP’s economic feasibility analyses
for sources covered by the CTG
recommendations and of PADEP’s
comparison of their regulations to those
adopted by other states and localities.
EPA’s analysis also compared
requirements for testing, recordkeeping,
3 The NPRM incorrectly identified Regulation #7–
544 as Conventional well regulations and
Regulation #7–580 as Unconventional regulations.
4 Both final regulations can be found in the
Pennsylvania Bulletin at 52 Pa. B. 7635, and 52 Pa.
B. 7587 (December 10, 2022), at
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).
5 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 52 Pa.B. 5287 and 52 Pa.B. 7635.
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and reporting of information in PADEP’s
oil and gas regulations to the 2016 Oil
and Gas CTG’s recommendations. Other
specific requirements of the RACT SIPs
and the rationale for EPA’s proposed
action are explained in more detail in
the NPRM and the TSD. The NPRM and
TSD are available in the docket for this
rule at www.regulations.gov, Docket ID
Number EPA–R03–OAR–2023–0300.
III. EPA’s Response to Comments
Received
EPA received two comments on the
proposed rulemaking. One of the
comments is not relevant to this action
and will not be addressed. Our response
to the relevant comment is below. Both
comments are available in the docket for
this action.
Comment: One commentor was
supportive of the proposed revisions.
They outlined the impact of air quality
on daily life and the impact of reducing
VOCs. Overall, the commentor
supported the action.
Response: EPA thanks the commentor
for this supportive comment.
IV. Final Action
EPA is approving Pennsylvania’s
December 12, 2022 SIP submittal and
Allegheny County’s September 8, 2023
SIP submittal as satisfying the CAA
requirement to implement RACT for
each category of VOC sources covered
by EPA’s 2016 Oil and Gas CTG, as
required by CAA section 182(b)(1)(B) for
Moderate ozone nonattainment areas,
and also for any VOC sources covered
by the EPA 2016 Oil and Gas CTG for
states in the Ozone Transport Region, as
required by CAA section 184(b)(1)(B),
for both the 2008 and 2015 ozone
NAAQS.
Specifically, as they appeared in the
Pennsylvania Bulletin on December 10,
2022 (52 Pa. B. 7635, and 52 Pa. B.
7587), Pennsylvania added sections
129.121–130 and amended section 121.1
to support the chapter 129 amendments.
Additionally, Pennsylvania added
sections 129.131–129.140. Furthermore,
ACHD IBRed the regulations found at
the Pennsylvania Bulletin (52 Pa. B.
7635, and 52 Pa. B. 7587) published on
December 10, 2022, into Article XXI of
its regulations, creating a new section,
§ 2105.87. The SIP revision does not
include the last sentence of section
2105.87a, which is noted in
strikethrough in ACHD’s submittal.
V. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
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79753
by reference of Pennsylvania’s
amendments made to 25 Pa. Code
Chapter 121 and 129 (relating to general
provisions; and standards for sources),
and also Allegheny County’s
incorporation by reference of
Pennsylvania’s amendments, as
described in sections II and IV of this
preamble. EPA has made, and will
continue to make, these materials
generally available through
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).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rule of
EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.6
VI. Statutory and Executive Order
Reviews
A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• 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
6 62
FR 27968 (May 22, 1997).
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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
application of those requirements would
be inconsistent with the Clean Air Act;
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
PADEP and Allegheny County did not
evaluate environmental justice
State citation
considerations as part of its SIP
submittals; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this action.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and Indigenous peoples.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 2, 2024. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action
pertaining to reasonably available
control technology requirements for the
2008 and 2015 ozone NAAQS related to
EPA’s 2016 oil and gas control
State effective
date
Title/subject
technique guidelines may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart NN—Pennsylvania
2. In § 52.2020:
a. The table in paragraph (c)(1) is
amended:
■ i. Under ‘‘Chapter 121—General
Provisions’’ by adding a fifth entry for
‘‘Section 121.1’’ before the entry
‘‘Section 121.2’’; and
■ ii. Under ‘‘Chapter 129—Standards for
Sources’’ adding the subheading
‘‘Control of VOC Emissions from
Unconventional and Conventional Oil
and Natural Gas Sources’’ and the
entries ’’Section 129.121’’ through
‘‘Section 129.140’’ immediately after the
entry for ‘‘Section 129.107’’; and
■ b. The table in paragraph (c)(2) is
amended under the heading ‘‘Subpart
7—Miscellaneous VOC Sources’’ by
adding the entry ‘‘2105.87’’ in
numerical order.
The additions read as follows:
■
■
§ 52.2020
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(1) * * *
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§ 52.2063 citation
EPA approval date
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Chapter 121—General Provisions
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Section 121.1 .................
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Definitions ....................
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12/10/2022
Additional explanation/
§ 52.2063 citation
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10/1/24, [INSERT FEDERAL REGISTER
CITATION].
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Adds definition for the term ‘‘ppm’’ and amends
the following definitions: ‘‘CPMS,’’ ‘‘Fugitive
emissions,’’ and ‘‘Responsible official’’ to support the amendments to Chapter 129.
*
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Chapter 129—Standards for Sources
129.121 ..........................
General provisions and
applicability.
12/10/22
129.122 ..........................
Definitions, acronyms,
and EPA methods.
12/10/22
129.123 ..........................
Storage vessels ...........
12/10/22
129.124 ..........................
Natural gas-driven continuous bleed pneumatic controllers.
Natural gas-driven diaphragm pumps.
12/10/22
129.126 ..........................
Compressors ................
12/10/22
129.127 ..........................
Fugitive emissions
components.
12/10/22
129.128 ..........................
Covers and closed vent
systems.
12/10/22
129.129 ..........................
Control devices ............
12/10/22
129.130 ..........................
Recordkeeping and reporting.
12/10/22
129.131 ..........................
General provisions and
applicability.
12/2/22
129.132 ..........................
Definitions, acronyms
and EPA methods.
12/2/22
129.133 ..........................
Storage vessels ...........
12/2/22
129.134 ..........................
Natural gas-driven continuous bleed pneumatic controllers.
Natural gas-driven diaphragm pumps.
12/2/22
129.136 ..........................
Compressors ................
12/2/22
129.137 ..........................
Fugitive emissions
components.
12/2/22
129.138 ..........................
Covers and closed vent
systems.
12/2/22
129.139 ..........................
Control devices ............
12/2/22
129.135 ..........................
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Control of VOC Emissions from Unconventional and Conventional Oil and Natural Gas Sources
129.125 ..........................
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*
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Controlling VOC emissions from unconventional
oil and natural gas sources.
Controlling VOC emissions from unconventional
oil and natural gas sources.
Controlling VOC emissions from unconventional
oil and natural gas sources.
Controlling VOC emissions from unconventional
oil and natural gas sources.
Controlling VOC emissions from unconventional
oil and natural gas sources.
Controlling VOC emissions from unconventional
oil and natural gas sources.
Controlling VOC emissions from unconventional
oil and natural gas sources.
Controlling VOC emissions from unconventional
oil and natural gas sources.
Controlling VOC emissions from unconventional
oil and natural gas sources.
Controlling VOC emissions from unconventional
oil and natural gas sources.
Controlling VOC emissions from conventional
oil and natural gas sources.
Controlling VOC emissions from conventional
oil and natural gas sources.
Controlling VOC emissions from conventional
oil and natural gas sources.
Controlling VOC emissions from conventional
oil and natural gas sources.
Controlling VOC emissions from conventional
oil and natural gas sources.
Controlling VOC emissions from conventional
oil and natural gas sources.
Controlling VOC emissions from conventional
oil and natural gas sources.
Controlling VOC emissions from conventional
oil and natural gas sources.
Controlling VOC emissions from conventional
oil and natural gas sources.
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State effective
date
State citation
Title/subject
129.140 ..........................
Recordkeeping and reporting.
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*
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*
*
12/2/22
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*
EPA approval date
Additional explanation/
§ 52.2063 citation
10/1/24, [INSERT FEDERAL REGISTER
CITATION].
Controlling VOC emissions from conventional
oil and natural gas sources.
*
*
*
*
(2) * * *
Article XX or XXI citation
State effective
date
Title/subject
Additional explanation/
§ 52.2063 citation
EPA approval date
Subpart 7—Miscellaneous VOC Sources
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2105.87 ..........................
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Control of VOC Emissions from Unconventional and Conventional Oil and Natural Gas Industry
Sources.
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[FR Doc. 2024–22386 Filed 9–30–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 281 and 282
[EPA–R04–UST–2024–0279; FRL–12181–
02–R4]
North Carolina: Final Approval of State
Underground Storage Tank Program
Revisions, Codification, and
Incorporation by Reference
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The State of North Carolina
(North Carolina) has applied to the
Environmental Protection Agency (EPA)
for final approval of revisions to its
Underground Storage Tank Program
(UST Program) under subtitle I of the
Resource Conservation and Recovery
Act (RCRA). Pursuant to RCRA, the EPA
is taking direct final action, subject to
public comment, to approve revisions to
the UST Program. The EPA has
reviewed North Carolina’s revisions and
has determined that these revisions
satisfy all requirements needed for
approval. In addition, this action also
codifies the EPA’s approval of North
Carolina’s revised UST Program and
incorporates by reference those
provisions of the State statutes and
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:06 Sep 30, 2024
2/5/23
Jkt 265001
*
*
10/1/24, [INSERT FEDERAL REGISTER
CITATION].
*
*
regulations that the EPA has determined
meet the requirements for approval.
DATES: This rule is effective December 2,
2024, unless the EPA receives adverse
comment by October 31, 2024. If the
EPA receives adverse comment, it will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. The
incorporation by reference of certain
publications listed in the regulations is
approved by the Director of the Federal
Register as of December 2, 2024.
ADDRESSES: Submit your comments by
one of the following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov (our
preferred method). Follow the online
instructions for submitting comments.
• Email: giri.upendra@epa.gov.
Include the Docket ID No. EPA–R04–
UST–2024–0279 in the subject line of
the message.
Instructions: Submit your comments,
identified by Docket ID No. EPA–R04–
UST–2024–0279, via the Federal
eRulemaking Portal at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from https://
www.regulations.gov. The EPA may
publish any comment received to its
public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
PO 00000
Frm 00026
Fmt 4700
*
*
Incorporates by reference the Pennsylvania Department of Environmental Protection regulations for ‘‘unconventional’’ and ‘‘conventional’’
oil and natural gas sources promulgated at
52 Pa.B. 5287 and 52 Pa.B 7635 (both published on December 10, 2022). The SIP revision does not include the last sentence of
§ 2105.87.a, which is noted in strikethrough.
Sfmt 4700
*
*
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e., on the web,
cloud, or other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit:
https://www.epa.gov/dockets/
commenting-epa-dockets.
The EPA encourages electronic
comment submittals, but if you are
unable to submit electronically or need
other assistance, please contact Upendra
Giri, the contact listed in the FOR
FURTHER INFORMATION CONTACT provision
below. The index to the docket for this
action and all documents that form the
basis of this action and associated
publicly available docket materials are
available electronically in https://
www.regulations.gov. The EPA
encourages electronic reviewing of these
documents, but if you are unable to
review these documents electronically,
please contact Upendra Giri for
alternative access to docket materials.
Please also contact Upendra Giri if
you need assistance in a language other
than English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you. For
further information on EPA Docket
E:\FR\FM\01OCR1.SGM
01OCR1
Agencies
[Federal Register Volume 89, Number 190 (Tuesday, October 1, 2024)]
[Rules and Regulations]
[Pages 79752-79756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22386]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2023-0300; FRL-11403-02-R3]
Air Plan Approval; Pennsylvania; Oil and Natural Gas Control
Measures for 2008 and 2015 Ozone National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Commonwealth of
Pennsylvania. The revision establishes and requires reasonably
available control technology (RACT) requirements for the 2008 and 2015
ozone national ambient air quality standards (NAAQS) for each category
of volatile organic compound (VOC) sources in Pennsylvania covered by
the EPA's 2016 Control Techniques Guidelines (CTG) for the oil and gas
industry. EPA is also approving Allegheny County, Pennsylvania's SIP
revision, which incorporates by reference the above Pennsylvania
regulations for the 2016 CTG for oil and gas into the Allegheny County
SIP with minor changes to reference Allegheny County's existing
regulations. This action is being taken under the Clean Air Act (CAA).
DATES: This final rule is effective on October 31, 2024.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2023-0300. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
www.regulations.gov, or please contact the person identified in the For
Further Information Contact section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Michael O'Shea, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1600 John F. Kennedy
Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is
(215) 814-2064. Dr. O'Shea can also be reached via electronic mail at
[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, PADEP submitted, on
behalf of Allegheny County Health Department (ACHD), a revision to the
Allegheny County SIP (Allegheny County SIP submission/submittal)
incorporating by reference (IBR) the aforementioned Pennsylvania
regulations.
I. Background
On June 28, 2024 (89 FR 53932), EPA published a notice of proposed
rulemaking (NPRM) for the Commonwealth of Pennsylvania and Allegheny
County. In the NPRM, EPA proposed approval of Pennsylvania's SIP
submittal and ACHD's SIP submittal. The formal SIP revisions were
submitted by Pennsylvania on December 12, 2022 and by PADEP on behalf
of ACHD on September 8, 2023.\1\ The Pennsylvania submittal establishes
RACT requirements for the 2008 and 2015 ozone NAAQS for each category
of VOC sources in Pennsylvania covered by EPA's October 27, 2016
``Final Control Techniques Guidelines for the Oil and Natural Gas
Industry'' (EPA's 2016 Oil and Gas CTG) (81 FR 74798). The Allegheny
County, Pennsylvania submittal addresses the same CTG by incorporating
the Pennsylvania regulations into the Allegheny County SIP with minor
changes to reference Allegheny County's existing regulations. These SIP
revisions were submitted to meet the requirement in CAA section
182(b)(2)(A) and (B) that states with ozone nonattainment areas
classified as Moderate or above must revise their SIPs to include
provisions to implement RACT for each category of VOC sources covered
by a CTG document. CAA section 184(b)(1)(B) also extends this RACT
obligation to all areas of states within the Ozone Transport Region
(OTR). The entire state of Pennsylvania is within the OTR (See CAA
section 184(a)), and has one ozone nonattainment area classified as
moderate or above.\2\ A more complete discussion of the purpose and
history of these SIP revisions can be found in EPA's NPRM.
---------------------------------------------------------------------------
\1\ The PADEP and ACHD SIP submittals are located in the docket
for this final rule and can be found under Docket ID Number EPA-R03-
OAR-2023-0300 at www.regulations.gov.
\2\ The Pennsylvania portion of the Philadelphia-Wilmington-
Atlantic City, PA-NJ-MD-DE area is classified as Serious
nonattainment for the 2015 ozone NAAQS (See 89 FR 61025 (July 30,
2024)).
---------------------------------------------------------------------------
II. Summary of the SIP Revisions and EPA's Analysis
Pennsylvania's and Allegheny County's SIP submissions included two
separate sets of nearly identical regulations for two types of oil and
natural gas sources as defined by Pennsylvania and Allegheny County:
``conventional'' oil and gas sources, and ``unconventional'' oil and
gas sources. EPA's 2016 Oil and Gas CTG does not distinguish between
the two types of sources. Despite being separate, both regulations
(Regulation #7-544, entitled ``Control of VOC Emissions from
Unconventional Oil and Natural Gas Sources,'' and Regulation #7-580,
entitled ``Control of VOC Emissions from Conventional Oil and Natural
Gas
[[Page 79753]]
Sources,'') \3\ are nearly identical and have no technical
differences.\4\ ACHD is incorporating by reference the requirements of
regulations 7-544 and 7-580 into Allegheny County's regulations.\5\
---------------------------------------------------------------------------
\3\ The NPRM incorrectly identified Regulation #7-544 as
Conventional well regulations and Regulation #7-580 as
Unconventional regulations.
\4\ Both final regulations can be found in the Pennsylvania
Bulletin at 52 Pa. B. 7635, and 52 Pa. B. 7587 (December 10, 2022),
at 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).
\5\ The ACHD Rules and Regulations in Article XXI, Air Pollution
Controls, are amended. The SIP revision adds Sec. 2105.87,
``Control of VOC Emissions from Unconventional and Conventional Oil
and Natural Gas Industry Sources,'' to Article XXI. Section 2105.87
IBRs PADEP's final regulations, which are found at 52 Pa.B. 5287 and
52 Pa.B. 7635.
---------------------------------------------------------------------------
Regulation #7-580 amends 25 Pennsylvania Code (Pa. Code) Chapter
129 by adding provisions (sections 129.131 through 129.140) imposing
RACT-level controls for VOC emissions from certain sources within
``conventional'' oil and natural gas operations, including
recordkeeping and reporting requirements. Regulation #7-544 amends 25
Pa. Code Chapters 121 and 129 by adding provisions (sections 129.121
through 129.130) imposing RACT-level VOC emissions controls for certain
sources in ``unconventional'' oil and natural gas operations, including
recordkeeping and reporting requirements. Both sets of regulations
apply to similar sources of VOC emissions, including pneumatic
controllers, diaphragm pumps, compressors, fugitive emission
components, and storage vessels within certain areas.
EPA reviewed Pennsylvania's and Allegheny County's SIP submissions
containing regulations establishing RACT requirements for categories of
sources identified in EPA's 2016 Oil and Gas CTG for both the 2008 and
2015 Ozone NAAQS, and proposed to approve these submissions as SIP
revisions in our June 28, 2024 NPRM. A full discussion of EPA's
rationale for approving these SIP submissions is available in the NPRM
and also in the EPA's technical support document (TSD) accompanying the
NPRM, which is in the docket for this action. EPA's analysis included a
discussion of PADEP's economic feasibility analyses for sources covered
by the CTG recommendations and of PADEP's comparison of their
regulations to those adopted by other states and localities. EPA's
analysis also compared requirements for testing, recordkeeping, and
reporting of information in PADEP's oil and gas regulations to the 2016
Oil and Gas CTG's recommendations. Other specific requirements of the
RACT SIPs and the rationale for EPA's proposed action are explained in
more detail in the NPRM and the TSD. The NPRM and TSD are available in
the docket for this rule at www.regulations.gov, Docket ID Number EPA-
R03-OAR-2023-0300.
III. EPA's Response to Comments Received
EPA received two comments on the proposed rulemaking. One of the
comments is not relevant to this action and will not be addressed. Our
response to the relevant comment is below. Both comments are available
in the docket for this action.
Comment: One commentor was supportive of the proposed revisions.
They outlined the impact of air quality on daily life and the impact of
reducing VOCs. Overall, the commentor supported the action.
Response: EPA thanks the commentor for this supportive comment.
IV. Final Action
EPA is approving Pennsylvania's December 12, 2022 SIP submittal and
Allegheny County's September 8, 2023 SIP submittal as satisfying the
CAA requirement to implement RACT for each category of VOC sources
covered by EPA's 2016 Oil and Gas CTG, as required by CAA section
182(b)(1)(B) for Moderate ozone nonattainment areas, and also for any
VOC sources covered by the EPA 2016 Oil and Gas CTG for states in the
Ozone Transport Region, as required by CAA section 184(b)(1)(B), for
both the 2008 and 2015 ozone NAAQS.
Specifically, as they appeared in the Pennsylvania Bulletin on
December 10, 2022 (52 Pa. B. 7635, and 52 Pa. B. 7587), Pennsylvania
added sections 129.121-130 and amended section 121.1 to support the
chapter 129 amendments. Additionally, Pennsylvania added sections
129.131-129.140. Furthermore, ACHD IBRed the regulations found at the
Pennsylvania Bulletin (52 Pa. B. 7635, and 52 Pa. B. 7587) published on
December 10, 2022, into Article XXI of its regulations, creating a new
section, Sec. 2105.87. The SIP revision does not include the last
sentence of section 2105.87a, which is noted in strikethrough in ACHD's
submittal.
V. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of
Pennsylvania's amendments made to 25 Pa. Code Chapter 121 and 129
(relating to general provisions; and standards for sources), and also
Allegheny County's incorporation by reference of Pennsylvania's
amendments, as described in sections II and IV of this preamble. EPA
has made, and will continue to make, these materials generally
available through 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). Therefore,
these materials have been approved by EPA for inclusion in the SIP,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rule of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\6\
---------------------------------------------------------------------------
\6\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
VI. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
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
[[Page 79754]]
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 application of those requirements would be inconsistent
with the Clean Air Act;
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
PADEP and Allegheny County did not evaluate environmental justice
considerations as part of its SIP submittals; the CAA and applicable
implementing regulations neither prohibit nor require such an
evaluation. EPA did not perform an EJ analysis and did not consider EJ
in this action. Consideration of EJ is not required as part of this
action, and there is no information in the record inconsistent with the
stated goal of E.O. 12898 of achieving environmental justice for people
of color, low-income populations, and Indigenous peoples.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 2, 2024. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action pertaining to reasonably available control
technology requirements for the 2008 and 2015 ozone NAAQS related to
EPA's 2016 oil and gas control technique guidelines may not be
challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Adam Ortiz,
Regional Administrator, Region III.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. In Sec. 52.2020:
0
a. The table in paragraph (c)(1) is amended:
0
i. Under ``Chapter 121--General Provisions'' by adding a fifth entry
for ``Section 121.1'' before the entry ``Section 121.2''; and
0
ii. Under ``Chapter 129--Standards for Sources'' adding the subheading
``Control of VOC Emissions from Unconventional and Conventional Oil and
Natural Gas Sources'' and the entries ''Section 129.121'' through
``Section 129.140'' immediately after the entry for ``Section
129.107''; and
0
b. The table in paragraph (c)(2) is amended under the heading ``Subpart
7--Miscellaneous VOC Sources'' by adding the entry ``2105.87'' in
numerical order.
The additions read as follows:
Sec. 52.2020 Identification of plan.
* * * * *
(c) * * *
(1) * * *
----------------------------------------------------------------------------------------------------------------
State Additional explanation/
State citation Title/subject effective date EPA approval date Sec. 52.2063 citation
----------------------------------------------------------------------------------------------------------------
Title 25--Environmental Protection
----------------------------------------------------------------------------------------------------------------
Article III--Air Resources
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Chapter 121--General Provisions
----------------------------------------------------------------------------------------------------------------
[[Page 79755]]
* * * * * * *
Section 121.1.................. Definitions....... 12/10/2022 10/1/24, [INSERT Adds definition for the
FEDERAL REGISTER term ``ppm'' and
CITATION]. amends the following
definitions: ``CPMS,''
``Fugitive
emissions,'' and
``Responsible
official'' to support
the amendments to
Chapter 129.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Chapter 129--Standards for Sources
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Control of VOC Emissions from Unconventional and Conventional Oil and Natural Gas Sources
----------------------------------------------------------------------------------------------------------------
129.121........................ General provisions 12/10/22 10/1/24, [INSERT Controlling VOC
and applicability. FEDERAL REGISTER emissions from
CITATION]. unconventional oil and
natural gas sources.
129.122........................ Definitions, 12/10/22 10/1/24, [INSERT Controlling VOC
acronyms, and EPA FEDERAL REGISTER emissions from
methods. CITATION]. unconventional oil and
natural gas sources.
129.123........................ Storage vessels... 12/10/22 10/1/24, [INSERT Controlling VOC
FEDERAL REGISTER emissions from
CITATION]. unconventional oil and
natural gas sources.
129.124........................ Natural gas-driven 12/10/22 10/1/24, [INSERT Controlling VOC
continuous bleed FEDERAL REGISTER emissions from
pneumatic CITATION]. unconventional oil and
controllers. natural gas sources.
129.125........................ Natural gas-driven 12/10/22 10/1/24, [INSERT Controlling VOC
diaphragm pumps. FEDERAL REGISTER emissions from
CITATION]. unconventional oil and
natural gas sources.
129.126........................ Compressors....... 12/10/22 10/1/24, [INSERT Controlling VOC
FEDERAL REGISTER emissions from
CITATION]. unconventional oil and
natural gas sources.
129.127........................ Fugitive emissions 12/10/22 10/1/24, [INSERT Controlling VOC
components. FEDERAL REGISTER emissions from
CITATION]. unconventional oil and
natural gas sources.
129.128........................ Covers and closed 12/10/22 10/1/24, [INSERT Controlling VOC
vent systems. FEDERAL REGISTER emissions from
CITATION]. unconventional oil and
natural gas sources.
129.129........................ Control devices... 12/10/22 10/1/24, [INSERT Controlling VOC
FEDERAL REGISTER emissions from
CITATION]. unconventional oil and
natural gas sources.
129.130........................ Recordkeeping and 12/10/22 10/1/24, [INSERT Controlling VOC
reporting. FEDERAL REGISTER emissions from
CITATION]. unconventional oil and
natural gas sources.
129.131........................ General provisions 12/2/22 10/1/24, [INSERT Controlling VOC
and applicability. FEDERAL REGISTER emissions from
CITATION]. conventional oil and
natural gas sources.
129.132........................ Definitions, 12/2/22 10/1/24, [INSERT Controlling VOC
acronyms and EPA FEDERAL REGISTER emissions from
methods. CITATION]. conventional oil and
natural gas sources.
129.133........................ Storage vessels... 12/2/22 10/1/24, [INSERT Controlling VOC
FEDERAL REGISTER emissions from
CITATION]. conventional oil and
natural gas sources.
129.134........................ Natural gas-driven 12/2/22 10/1/24, [INSERT Controlling VOC
continuous bleed FEDERAL REGISTER emissions from
pneumatic CITATION]. conventional oil and
controllers. natural gas sources.
129.135........................ Natural gas-driven 12/2/22 10/1/24, [INSERT Controlling VOC
diaphragm pumps. FEDERAL REGISTER emissions from
CITATION]. conventional oil and
natural gas sources.
129.136........................ Compressors....... 12/2/22 10/1/24, [INSERT Controlling VOC
FEDERAL REGISTER emissions from
CITATION]. conventional oil and
natural gas sources.
129.137........................ Fugitive emissions 12/2/22 10/1/24, [INSERT Controlling VOC
components. FEDERAL REGISTER emissions from
CITATION]. conventional oil and
natural gas sources.
129.138........................ Covers and closed 12/2/22 10/1/24, [INSERT Controlling VOC
vent systems. FEDERAL REGISTER emissions from
CITATION]. conventional oil and
natural gas sources.
129.139........................ Control devices... 12/2/22 10/1/24, [INSERT Controlling VOC
FEDERAL REGISTER emissions from
CITATION]. conventional oil and
natural gas sources.
[[Page 79756]]
129.140........................ Recordkeeping and 12/2/22 10/1/24, [INSERT Controlling VOC
reporting. FEDERAL REGISTER emissions from
CITATION]. conventional oil and
natural gas sources.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(2) * * *
----------------------------------------------------------------------------------------------------------------
State Additional explanation/
Article XX or XXI citation Title/subject effective date EPA approval date Sec. 52.2063 citation
----------------------------------------------------------------------------------------------------------------
Subpart 7--Miscellaneous VOC Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2105.87........................ Control of VOC 2/5/23 10/1/24, [INSERT Incorporates by
Emissions from FEDERAL REGISTER reference the
Unconventional CITATION]. Pennsylvania
and Conventional Department of
Oil and Natural Environmental
Gas Industry Protection regulations
Sources. for ``unconventional''
and ``conventional''
oil and natural gas
sources promulgated at
52 Pa.B. 5287 and 52
Pa.B 7635 (both
published on December
10, 2022). The SIP
revision does not
include the last
sentence of Sec.
2105.87.a, which is
noted in
strikethrough.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2024-22386 Filed 9-30-24; 8:45 am]
BILLING CODE 6560-50-P