Emergency Application — Continental Resources, Inc., et al. , Applicants v. Environmental Protection Agency, et al.

Supreme Court briefAug 26, 2024

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APPENDIX

TABLE OF CONTENTS

Page

APPENDIX A: Order of the United States Court

Of Appeals for the District of Columbia Circuit

Denying Motions for Stay (July 9, 2024)……………….. 1a

APPENDIX B: 42 U.S. C. § 7411………………………… 3a

APPENDIX C: Standards of Performance for New,

Reconstructed, and Modified Sources and Emissions

Guidelines for Existing Sources: Oil and Natural Gas

Sector Climate Review, 89 Fed. Reg. 16,820 (March 8,

2024) (“Final Rule”)……………………………………….. 12a

APPENDIX D: Declaration of Sean Flynn

(May 6, 2024)…………………………………………….. 421a

APPENDIX E: Declaration of Sean Flynn

(August 23, 2024)………………………………………… 439a

APPENDIX

001a

USCA Case #24-1054

Document #2063659

Filed: 07/09/2024

Page 1 of 1

United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT

____________

No. 24-1054

September Term, 2023

EPA-89FR16820

Filed On: July 9, 2024

State of Texas, et al.,

Petitioners

Environmental Protection Agency and

Michael S. Regan, Administrator, United

States Environmental Protection Agency,

Respondents

-----------------------------Continental Resources Inc., et al.,

Intervenors

-----------------------------Consolidated with 24-1059, 24-1101,

24-1103, 24-1111, 24-1114, 24-1115,

24-1116, 24-1117, 24-1118

BEFORE:

Katsas, Rao, and Childs, Circuit Judges

ORDER

Upon consideration of the motions for stay pending appeal, the responses

thereto, and the replies, it is

ORDERED that the motions for stay be denied. Petitioners have not satisfied

the stringent requirements for a stay pending court review. See Nken v. Holder, 556

U.S. 418, 434 (2009); D.C. Circuit Handbook of Practice and Internal Procedures 33

(2021).

Per Curiam

FOR THE COURT:

Mark J. Langer, Clerk

BY:

/s/

Lynda M. Flippin

Deputy Clerk

002a

APPENDIX

003a

§ 7411. Standards of performance for new stationary sources, 42 USCA § 7411

KeyCite Yellow Flag - Negative Treatment

Proposed Legislation

United States Code Annotated

Title 42. The Public Health and Welfare

Chapter 85. Air Pollution Prevention and Control (Refs & Annos)

Subchapter I. Programs and Activities

Part A. Air Quality and Emissions Limitations (Refs & Annos)

42 U.S.C.A. § 7411

§ 7411. Standards of performance for new stationary sources

Currentness

(a) Definitions

For purposes of this section:

(1) The term “standard of performance” means a standard for emissions of air pollutants which reflects the degree of emission

limitation achievable through the application of the best system of emission reduction which (taking into account the cost of

achieving such reduction and any nonair quality health and environmental impact and energy requirements) the Administrator

determines has been adequately demonstrated.

(2) The term “new source” means any stationary source, the construction or modification of which is commenced after the

publication of regulations (or, if earlier, proposed regulations) prescribing a standard of performance under this section which

will be applicable to such source.

(3) The term “stationary source” means any building, structure, facility, or installation which emits or may emit any air

pollutant. Nothing in subchapter II of this chapter relating to nonroad engines shall be construed to apply to stationary internal

combustion engines.

(4) The term “modification” means any physical change in, or change in the method of operation of, a stationary source

which increases the amount of any air pollutant emitted by such source or which results in the emission of any air pollutant

not previously emitted.

(5) The term “owner or operator” means any person who owns, leases, operates, controls, or supervises a stationary source.

(6) The term “existing source” means any stationary source other than a new source.

(7) The term “technological system of continuous emission reduction” means--

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§ 7411. Standards of performance for new stationary sources, 42 USCA § 7411

(A) a technological process for production or operation by any source which is inherently low-polluting or nonpolluting, or

(B) a technological system for continuous reduction of the pollution generated by a source before such pollution is emitted

into the ambient air, including precombustion cleaning or treatment of fuels.

(8) A conversion to coal (A) by reason of an order under section 2(a) of the Energy Supply and Environmental Coordination

Act of 1974 or any amendment thereto, or any subsequent enactment which supersedes such Act, or (B) which qualifies

under section 7413(d)(5)(A)(ii) of this title, shall not be deemed to be a modification for purposes of paragraphs (2) and

(4) of this subsection.

(b) List of categories of stationary sources; standards of performance; information on pollution control techniques;

sources owned or operated by United States; particular systems; revised standards

(1)(A) The Administrator shall, within 90 days after December 31, 1970, publish (and from time to time thereafter shall revise)

a list of categories of stationary sources. He shall include a category of sources in such list if in his judgment it causes, or

contributes significantly to, air pollution which may reasonably be anticipated to endanger public health or welfare.

(B) Within one year after the inclusion of a category of stationary sources in a list under subparagraph (A), the Administrator

shall publish proposed regulations, establishing Federal standards of performance for new sources within such category.

The Administrator shall afford interested persons an opportunity for written comment on such proposed regulations. After

considering such comments, he shall promulgate, within one year after such publication, such standards with such modifications

as he deems appropriate. The Administrator shall, at least every 8 years, review and, if appropriate, revise such standards

following the procedure required by this subsection for promulgation of such standards. Notwithstanding the requirements of

the previous sentence, the Administrator need not review any such standard if the Administrator determines that such review is

not appropriate in light of readily available information on the efficacy of such standard. Standards of performance or revisions

thereof shall become effective upon promulgation. When implementation and enforcement of any requirement of this chapter

indicate that emission limitations and percent reductions beyond those required by the standards promulgated under this section

are achieved in practice, the Administrator shall, when revising standards promulgated under this section, consider the emission

limitations and percent reductions achieved in practice.

(2) The Administrator may distinguish among classes, types, and sizes within categories of new sources for the purpose of

establishing such standards.

(3) The Administrator shall, from time to time, issue information on pollution control techniques for categories of new sources

and air pollutants subject to the provisions of this section.

(4) The provisions of this section shall apply to any new source owned or operated by the United States.

(5) Except as otherwise authorized under subsection (h), nothing in this section shall be construed to require, or to authorize the

Administrator to require, any new or modified source to install and operate any particular technological system of continuous

emission reduction to comply with any new source standard of performance.

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§ 7411. Standards of performance for new stationary sources, 42 USCA § 7411

(6) The revised standards of performance required by enactment of subsection (a)(1)(A)(i) and (ii) shall be promulgated not

later than one year after August 7, 1977. Any new or modified fossil fuel fired stationary source which commences construction

prior to the date of publication of the proposed revised standards shall not be required to comply with such revised standards.

(1) Each State may develop and submit to the Administrator a procedure for implementing and enforcing standards of

performance for new sources located in such State. If the Administrator finds the State procedure is adequate, he shall delegate

to such State any authority he has under this chapter to implement and enforce such standards.

(2) Nothing in this subsection shall prohibit the Administrator from enforcing any applicable standard of performance under

this section.

(d) Standards of performance for existing sources; remaining useful life of source

(1) The Administrator shall prescribe regulations which shall establish a procedure similar to that provided by section 7410 of

this title under which each State shall submit to the Administrator a plan which (A) establishes standards of performance for

any existing source for any air pollutant (i) for which air quality criteria have not been issued or which is not included on a list

published under section 7408(a) of this title or emitted from a source category which is regulated under section 7412 of this title

but (ii) to which a standard of performance under this section would apply if such existing source were a new source, and (B)

provides for the implementation and enforcement of such standards of performance. Regulations of the Administrator under

this paragraph shall permit the State in applying a standard of performance to any particular source under a plan submitted

under this paragraph to take into consideration, among other factors, the remaining useful life of the existing source to which

such standard applies.

(2) The Administrator shall have the same authority-(A) to prescribe a plan for a State in cases where the State fails to submit a satisfactory plan as he would have under section

7410(c) of this title in the case of failure to submit an implementation plan, and

(B) to enforce the provisions of such plan in cases where the State fails to enforce them as he would have under sections

7413 and 7414 of this title with respect to an implementation plan.

In promulgating a standard of performance under a plan prescribed under this paragraph, the Administrator shall take into

consideration, among other factors, remaining useful lives of the sources in the category of sources to which such standard

applies.

(e) Prohibited acts

After the effective date of standards of performance promulgated under this section, it shall be unlawful for any owner or

operator of any new source to operate such source in violation of any standard of performance applicable to such source.

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§ 7411. Standards of performance for new stationary sources, 42 USCA § 7411

(f) New source standards of performance

(1) For those categories of major stationary sources that the Administrator listed under subsection (b)(1)(A) before November

15, 1990, and for which regulations had not been proposed by the Administrator by November 15, 1990, the Administrator

shall-(A) propose regulations establishing standards of performance for at least 25 percent of such categories of sources within

2 years after November 15, 1990;

(B) propose regulations establishing standards of performance for at least 50 percent of such categories of sources within

4 years after November 15, 1990; and

(2) In determining priorities for promulgating standards for categories of major stationary sources for the purpose of paragraph

(1), the Administrator shall consider-(A) the quantity of air pollutant emissions which each such category will emit, or will be designed to emit;

(B) the extent to which each such pollutant may reasonably be anticipated to endanger public health or welfare; and

(C) the mobility and competitive nature of each such category of sources and the consequent need for nationally applicable

new source standards of performance.

(3) Before promulgating any regulations under this subsection or listing any category of major stationary sources as required

under this subsection, the Administrator shall consult with appropriate representatives of the Governors and of State air pollution

control agencies.

(g) Revision of regulations

(1) Upon application by the Governor of a State showing that the Administrator has failed to specify in regulations under

subsection (f)(1) any category of major stationary sources required to be specified under such regulations, the Administrator

shall revise such regulations to specify any such category.

(2) Upon application of the Governor of a State, showing that any category of stationary sources which is not included in the

list under subsection (b)(1)(A) contributes significantly to air pollution which may reasonably be anticipated to endanger public

health or welfare (notwithstanding that such category is not a category of major stationary sources), the Administrator shall

revise such regulations to specify such category of stationary sources.

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§ 7411. Standards of performance for new stationary sources, 42 USCA § 7411

(3) Upon application of the Governor of a State showing that the Administrator has failed to apply properly the criteria required

to be considered under subsection (f)(2), the Administrator shall revise the list under subsection (b)(1)(A) to apply properly

such criteria.

(4) Upon application of the Governor of a State showing that-(A) a new, innovative, or improved technology or process which achieves greater continuous emission reduction has been

adequately demonstrated for any category of stationary sources, and

(B) as a result of such technology or process, the new source standard of performance in effect under this section for such

category no longer reflects the greatest degree of emission limitation achievable through application of the best technological

system of continuous emission reduction which (taking into consideration the cost of achieving such emission reduction, and

any non-air quality health and environmental impact and energy requirements) has been adequately demonstrated,

the Administrator shall revise such standard of performance for such category accordingly.

(5) Unless later deadlines for action of the Administrator are otherwise prescribed under this section, the Administrator shall,

not later than three months following the date of receipt of any application by a Governor of a State, either-(A) find that such application does not contain the requisite showing and deny such application, or

(B) grant such application and take the action required under this subsection.

(6) Before taking any action required by subsection (f) or by this subsection, the Administrator shall provide notice and

opportunity for public hearing.

(h) Design, equipment, work practice, or operational standard; alternative emission limitation

(1) For purposes of this section, if in the judgment of the Administrator, it is not feasible to prescribe or enforce a standard of

performance, he may instead promulgate a design, equipment, work practice, or operational standard, or combination thereof,

which reflects the best technological system of continuous emission reduction which (taking into consideration the cost of

achieving such emission reduction, and any non-air quality health and environmental impact and energy requirements) the

Administrator determines has been adequately demonstrated. In the event the Administrator promulgates a design or equipment

standard under this subsection, he shall include as part of such standard such requirements as will assure the proper operation

and maintenance of any such element of design or equipment.

(2) For the purpose of this subsection, the phrase “not feasible to prescribe or enforce a standard of performance” means any

situation in which the Administrator determines that (A) a pollutant or pollutants cannot be emitted through a conveyance

designed and constructed to emit or capture such pollutant, or that any requirement for, or use of, such a conveyance would be

inconsistent with any Federal, State, or local law, or (B) the application of measurement methodology to a particular class of

sources is not practicable due to technological or economic limitations.

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§ 7411. Standards of performance for new stationary sources, 42 USCA § 7411

(3) If after notice and opportunity for public hearing, any person establishes to the satisfaction of the Administrator that an

alternative means of emission limitation will achieve a reduction in emissions of any air pollutant at least equivalent to the

reduction in emissions of such air pollutant achieved under the requirements of paragraph (1), the Administrator shall permit

the use of such alternative by the source for purposes of compliance with this section with respect to such pollutant.

(4) Any standard promulgated under paragraph (1) shall be promulgated in terms of standard of performance whenever it

becomes feasible to promulgate and enforce such standard in such terms.

(5) Any design, equipment, work practice, or operational standard, or any combination thereof, described in this subsection shall

be treated as a standard of performance for purposes of the provisions of this chapter (other than the provisions of subsection

(a) and this subsection).

(i) Country elevators

Any regulations promulgated by the Administrator under this section applicable to grain elevators shall not apply to country

elevators (as defined by the Administrator) which have a storage capacity of less than two million five hundred thousand bushels.

(j) Innovative technological systems of continuous emission reduction

(1)(A) Any person proposing to own or operate a new source may request the Administrator for one or more waivers from the

requirements of this section for such source or any portion thereof with respect to any air pollutant to encourage the use of an

innovative technological system or systems of continuous emission reduction. The Administrator may, with the consent of the

Governor of the State in which the source is to be located, grant a waiver under this paragraph, if the Administrator determines

after notice and opportunity for public hearing, that-(i) the proposed system or systems have not been adequately demonstrated,

(ii) the proposed system or systems will operate effectively and there is a substantial likelihood that such system or systems

will achieve greater continuous emission reduction than that required to be achieved under the standards of performance

which would otherwise apply, or achieve at least an equivalent reduction at lower cost in terms of energy, economic, or nonair

quality environmental impact,

(iii) the owner or operator of the proposed source has demonstrated to the satisfaction of the Administrator that the proposed

system will not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation, function, or

malfunction, and

(iv) the granting of such waiver is consistent with the requirements of subparagraph (C).

In making any determination under clause (ii), the Administrator shall take into account any previous failure of such system or

systems to operate effectively or to meet any requirement of the new source performance standards. In determining whether an

unreasonable risk exists under clause (iii), the Administrator shall consider, among other factors, whether and to what extent

009a 6

§ 7411. Standards of performance for new stationary sources, 42 USCA § 7411

the use of the proposed technological system will cause, increase, reduce, or eliminate emissions of any unregulated pollutants;

available methods for reducing or eliminating any risk to public health, welfare, or safety which may be associated with the

use of such system; and the availability of other technological systems which may be used to conform to standards under this

section without causing or contributing to such unreasonable risk. The Administrator may conduct such tests and may require

the owner or operator of the proposed source to conduct such tests and provide such information as is necessary to carry out

clause (iii) of this subparagraph. Such requirements shall include a requirement for prompt reporting of the emission of any

unregulated pollutant from a system if such pollutant was not emitted, or was emitted in significantly lesser amounts without

use of such system.

(B) A waiver under this paragraph shall be granted on such terms and conditions as the Administrator determines to be necessary

to assure-(i) emissions from the source will not prevent attainment and maintenance of any national ambient air quality standards, and

(ii) proper functioning of the technological system or systems authorized.

Any such term or condition shall be treated as a standard of performance for the purposes of subsection (e) of this section and

section 7413 of this title.

(C) The number of waivers granted under this paragraph with respect to a proposed technological system of continuous emission

reduction shall not exceed such number as the Administrator finds necessary to ascertain whether or not such system will achieve

the conditions specified in clauses (ii) and (iii) of subparagraph (A).

(D) A waiver under this paragraph shall extend to the sooner of-(i) the date determined by the Administrator, after consultation with the owner or operator of the source, taking into

consideration the design, installation, and capital cost of the technological system or systems being used, or

(ii) the date on which the Administrator determines that such system has failed to-(I) achieve at least an equivalent continuous emission reduction to that required to be achieved under the standards of

performance which would otherwise apply, or

(II) comply with the condition specified in paragraph (1)(A)(iii),

and that such failure cannot be corrected.

(E) In carrying out subparagraph (D)(i), the Administrator shall not permit any waiver for a source or portion thereof to extend

beyond the date-(i) seven years after the date on which any waiver is granted to such source or portion thereof, or

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§ 7411. Standards of performance for new stationary sources, 42 USCA § 7411

(ii) four years after the date on which such source or portion thereof commences operation,

whichever is earlier.

(F) No waiver under this subsection shall apply to any portion of a source other than the portion on which the innovative

technological system or systems of continuous emission reduction is used.

(2)(A) If a waiver under paragraph (1) is terminated under clause (ii) of paragraph (1)(D), the Administrator shall grant an

extension of the requirements of this section for such source for such minimum period as may be necessary to comply with

the applicable standard of performance under this section. Such period shall not extend beyond the date three years from the

time such waiver is terminated.

(B) An extension granted under this paragraph shall set forth emission limits and a compliance schedule containing increments

of progress which require compliance with the applicable standards of performance as expeditiously as practicable and include

such measures as are necessary and practicable in the interim to minimize emissions. Such schedule shall be treated as a standard

of performance for purposes of subsection (e) of this section and section 7413 of this title.

CREDIT(S)

(July 14, 1955, c. 360, Title I, § 111, as added Pub.L. 91-604, § 4(a), Dec. 31, 1970, 84 Stat. 1683; amended Pub.L. 92-157,

Title III, § 302(f), Nov. 18, 1971, 85 Stat. 464; Pub.L. 95-95, Title I, § 109(a) to (d)(1), (e), (f), Title IV, § 401(b), Aug. 7,

1977, 91 Stat. 697 to 703, 791; Pub.L. 95-190, § 14(a)(7) to (9), Nov. 16, 1977, 91 Stat. 1399; Pub.L. 95-623, § 13(a), Nov.

9, 1978, 92 Stat. 3457; Pub.L. 101-549, Title I, § 108(e) to (g), Title III, § 302(a), (b), Title IV, § 403(a), Nov. 15, 1990, 104

Stat. 2467, 2574, 2631.)

MEMORANDA OF PRESIDENT

PRESIDENTIAL MEMORANDUM

Memorandum of the President of the United States, June 25, 2013, 78 F.R. 39535, relating to power sector carbon pollution

standards, was revoked by Ex. Ord. No. 13783, § 3(a)(ii), March 28, 2017, 82 F.R. 16093.

Notes of Decisions (139)

42 U.S.C.A. § 7411, 42 USCA § 7411

Current through P.L. 118-70. Some statute sections may be more current, see credits for details.

End of Document

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APPENDIX

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Federal Register / Vol. 89, No. 47 / Friday, March 8, 2024 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 60

[EPA–HQ–OAR–2021–0317; FRL–8510–01–

OAR]

RIN 2060–AV16

Standards of Performance for New,

Reconstructed, and Modified Sources

and Emissions Guidelines for Existing

Sources: Oil and Natural Gas Sector

Climate Review

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

lotter on DSK11XQN23PROD with RULES2

SUMMARY: The Environmental Protection

Agency (EPA) is finalizing multiple

actions to reduce air pollution

emissions from the Crude Oil and

Natural Gas source category. First, the

EPA is finalizing revisions to the new

source performance standards (NSPS)

regulating greenhouse gases (GHGs) and

volatile organic compounds (VOCs)

emissions for the Crude Oil and Natural

Gas source category pursuant to the

Clean Air Act (CAA). Second, the EPA

is finalizing emission guidelines (EG)

under the CAA for states to follow in

developing, submitting, and

implementing state plans to establish

performance standards to limit GHG

emissions from existing sources

(designated facilities) in the Crude Oil

and Natural Gas source category. Third,

the EPA is finalizing several related

actions stemming from the joint

resolution of Congress, adopted on June

30, 2021, under the Congressional

Review Act (CRA), disapproving the

EPA’s final rule titled, ‘‘Oil and Natural

Gas Sector: Emission Standards for

New, Reconstructed, and Modified

Sources Review,’’ September 14, 2020

(‘‘2020 Policy Rule’’). Fourth, the EPA is

finalizing a protocol under the general

provisions for optical gas imaging (OGI).

DATES: This final rule is effective on

May 7, 2024. The incorporation by

reference (IBR) of certain publications

listed in the rules is approved by the

Director of the Federal Register as of

May 7, 2024.

ADDRESSES: The EPA has established a

docket for this rulemaking under Docket

ID No. EPA–HQ–OAR–2021–0317. All

documents in the docket are listed on

the https://www.regulations.gov/

website. Although listed, some

information is not publicly available,

e.g., Confidential Business Information

(CBI) or other information whose

disclosure is restricted by statute.

Certain other material, such as

copyrighted material, is not placed on

VerDate Sep<11>2014

19:09 Mar 07, 2024

Jkt 262001

the internet and will be publicly

available only in hard copy form.

Publicly available docket materials are

available electronically through https://

www.regulations.gov/.

FOR FURTHER INFORMATION CONTACT: Ms.

Amy Hambrick, Sector Policies and

Programs Division (E143–05), Office of

Air Quality Planning and Standards,

U.S. Environmental Protection Agency,

109 T.W. Alexander Drive, P.O. Box

12055, Research Triangle Park, North

Carolina, 27711; telephone number:

(919) 541–0964; email address:

hambrick.amy@epa.gov.

SUPPLEMENTARY INFORMATION: Preamble

acronyms and abbreviations.

Throughout this document the use of

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is intended to refer

to the EPA. We use multiple acronyms

and terms in this preamble. While this

list may not be exhaustive, to ease the

reading of this preamble and for

reference purposes, the EPA defines the

following terms and acronyms here:

AMEL alternative means of emission

limitation

ANSI American National Standards

Institute

API American Petroleum Institute

ARPA–E Advanced Research Projects

Agency–Energy

ASME American Society of Mechanical

Engineers

ASTM ASTM, International

AVO audible, visual, and olfactory

AWP alternative work practice

bbl barrels of crude oil

BLM Bureau of Land Management

boe barrels of oil equivalents

BOEM Bureau of Ocean Energy

Management

BSER best system of emission reduction

Btu/scf British thermal units per standard

cubic foot

°C degrees Celsius

CAA Clean Air Act

CBI Confidential Business Information

CCR Code of Colorado Regulations

CDX EPA’s Central Data Exchange

CEDRI Compliance and Emissions Data

Reporting Interface

CFR Code of Federal Regulations

CO carbon monoxide

CO2 carbon dioxide

CO2 Eq. carbon dioxide equivalent

COS carbonyl sulfide

CRA Congressional Review Act

CS2 carbon disulfide

CVS closed vent systems

D.C. Circuit U.S. Court of Appeals for the

District of Columbia Circuit

DOE Department of Energy

EAV equivalent annual value

EDF Environmental Defense Fund

EG emission guidelines

EIA U.S. Energy Information

Administration

EJ environmental justice

E.O. Executive Order

EPA Environmental Protection Agency

ESD emergency shutdown devices

°F degrees Fahrenheit

PO 00000

Frm 00002

Fmt 4701

Sfmt 4700

FEAST Fugitive Emissions Abatement

Simulation Toolkit

FR Federal Register

FrEDI EPA’s Framework for Evaluating

Damages and Impacts model

FRFA final regulatory flexibility analysis

g/hr grams per hour

GHG greenhouse gas

GHGI Inventory of U.S. Greenhouse Gas

Emissions and Sinks

GHGRP Greenhouse Gas Reporting Program

GOR gas-to-oil ratio

H2S hydrogen sulfide

HAP hazardous air pollutant(s)

ICR information collection request

IRFA initial regulatory flexibility analysis

IWG Interagency Working Group on the

Social Cost of Greenhouse Gases

kg kilograms

kg/hr kilograms per hour

kt kilotons

lb/yr pounds per year

low-E low emission

LDAR leak detection and repair

LPE legally and practicably enforceable

Mcf thousand cubic feet

MW megawatt

NAAQS national ambient air quality

standards

NAICS North American Industry

Classification System

NDE no detectable emissions

NIE no identifiable emissions

NESHAP national emission standards for

hazardous air pollutants

NGO non-governmental organization

NHV net heating value

NOX nitrogen oxides

NSPS new source performance standards

NTTAA National Technology Transfer and

Advancement Act

O2 oxygen

OAQPS Office of Air Quality Planning and

Standards

OGI optical gas imaging

OMB Office of Management and Budget

PM particulate matter

PM2.5 particulate matter with a diameter of

2.5 micrometers or less

ppb parts per billion

ppm parts per million

PRA Paperwork Reduction Act

PSD prevention of significant deterioration

PTE potential to emit

PV present value

REC reduced emissions completion

RFA Regulatory Flexibility Act

RIA regulatory impact analysis

RTC response to comments

RULOF remaining useful life and other

factors

SBAR Small Business Advocacy Review

SC–CH4 social cost of methane

SC–CO2 social cost of carbon dioxide

SC–GHG social cost of greenhouse gases

SC–N2O social cost of nitrous oxide

scf standard cubic feet

scfh standard cubic feet per hour

scfm standard cubic feet per minute

SIP State Implementation Plan

SO2 sulfur dioxide

SPeCS State Planning Electronic

Collaboration System

tpy tons per year

the court U.S. Court of Appeals for the

District of Columbia Circuit

E:\FR\FM\08MRR2.SGM

08MRR2

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TAR Tribal Authority Rule

TIP Tribal Implementation Plan

TSD technical support document

UMRA Unfunded Mandates Reform Act

U.S. United States

VCS voluntary consensus standards

VOC volatile organic compound(s)

VRU vapor recovery unit

lotter on DSK11XQN23PROD with RULES2

Organization of this document. The

information in this preamble is

organized as follows:

I. General Information

A. Does this action apply to me?

B. Where can I get a copy of this document

and other related information?

C. Judicial Review and Administrative

Review

II. Executive Summary

A. Purpose of the Regulatory Actions

B. Summary of the Major Provisions of

This Regulatory Action

C. Costs and Benefits

III. Air Emissions From the Crude Oil and

Natural Gas Sector and Public Health

and Welfare

A. Impacts of GHGs, VOCs, and SO2

Emissions on Public Health and Welfare

B. Profile of the Oil and Natural Gas

Industry and Its Emissions

IV. Statutory Background and Regulatory

History

A. Statutory Background of CAA Sections

111(b), 111(d), and General

Implementing Regulations

B. What is the regulatory history and

litigation background of NSPS and EG

for the oil and natural gas industry?

C. Congressional Review Act (CRA) Joint

Resolution of Disapproval

V. Legal Basis for Final Rule Scope

A. Introduction

B. Overview

C. Comments

D. Response to Comments and Discussion

VI. Other Actions and Related Efforts

A. Related State Actions and Other Federal

Actions Regulating Oil and Natural Gas

Sources

B. Industry and Voluntary Actions To

Address Climate Change

C. Methane Emissions Reduction Program

VII. Summary of Engagement With Pertinent

Stakeholders

VIII. Overview of Control and Control Costs

A. Control of Methane and VOC Emissions

in the Crude Oil and Natural Gas Source

Category—Overview

B. How does the EPA evaluate control costs

in this final action?

IX. Interaction of the Rules and Response to

Significant Comments Thereon

A. What date defines a new, modified, or

reconstructed source for purposes of the

final NSPS OOOOb?

B. What date defines an existing source for

purposes of the final EG OOOOc?

C. How will the final EG OOOOc impact

sources already subject to NSPS KKK,

NSPS OOOO, or NSPS OOOOa?

X. Summary of Final Standards NSPS

OOOOb and EG OOOOc

A. Fugitive Emissions From Well Sites,

Centralized Production Facilities, and

Compressor Stations

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B. Advanced Methane Detection

Technology Work Practices

C. Super Emitter Program

D. Process Controllers

E. Pumps

F. Wells and Associated Operations

G. Centrifugal Compressors

H. Combustion Control Devices

I. Reciprocating Compressors

J. Storage Vessels

K. Covers and Closed Vent Systems

L. Equipment Leaks at Natural Gas

Processing Plants

M. Sweetening Units

N. Electronic Reporting

O. Prevention of Significant Deterioration

and Title V Permitting

XI. Significant Comments and Changes Since

Supplemental Proposal for NSPS

OOOOb and EG OOOOc

A. Fugitive Emissions from Well Sites,

Centralized Production Facilities, and

Compressor Stations

B. Advanced Methane Detection

Technology Work Practices

C. Super Emitter Program

D. Process Controllers

E. Pumps

F. Wells and Associated Operations

G. Centrifugal Compressors

H. Combustion Control Devices

I. Reciprocating Compressors

J. Storage Vessels

K. Covers and Closed Vent Systems

L. Equipment Leaks at Natural Gas

Processing Plants

M. Sweetening Units

XII. Significant Comments and Changes

Since Proposal for NSPS OOOOa and

NSPS OOOO

A. Low Production Well Site Exemption

Rescission

B. Compressor Station Quarterly

Monitoring

C. Delay-of-Repair Provisions

D. Applicability/Scope of the Rule

XIII. Significant Comments and Changes to

Emission Guidelines for State, Tribal,

and Federal Plan Development for

Existing Sources

A. Overview

B. Components of EG

C. Establishing Standards of Performance

in State Plans

D. Components of State Plan Submission

E. Timing of State Plan Submissions and

Compliance Times

F. EPA Action on State Plans and

Promulgation of Federal Plans

G. Tribes and the Planning Process Under

CAA Section 111(d)

XIV. Use of Optical Gas Imaging in Leak

Detection (Appendix K) and Response to

Significant Comments

A. Changes Since Supplemental Proposal

B. Summary of Requirements

XV. Prevention of Significant Deterioration

and Title V Permitting

XVI. Summary of Cost, Environmental, and

Economic Impacts

A. What are the air quality impacts?

B. What are the secondary impacts?

C. What are the cost impacts?

D. What are the economic impacts?

E. What are the benefits?

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F. What analyses of environmental justice

did we conduct?

XVII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory

Planning and Review and Executive

Order 14094: Modernizing Regulatory

Review

B. Paperwork Reduction Act (PRA)

C. Regulatory Flexibility Act (RFA)

D. Unfunded Mandates Reform Act

(UMRA)

E. Executive Order 13132: Federalism

F. Executive Order 13175: Consultation

and Coordination With Indian Tribal

Governments

G. Executive Order 13045: Protection of

Children From Environmental Health

Risks and Safety Risks

H. Executive Order 13211: Actions

Concerning Regulations That

Significantly Affect Energy Supply,

Distribution, or Use

I. National Technology Transfer and

Advancement Act (NTTAA) and 1 CFR

Part 51

J. Executive Order 12898: Federal Actions

To Address Environmental Justice in

Minority Populations and Low-Income

Populations and Executive Order 14096:

Revitalizing Our Nation’s Commitment

to Environmental Justice for All

K. Congressional Review Act (CRA)

I. General Information

A. Does this action apply to me?

The source category that is the subject

of this final rulemaking is composed of

the Crude Oil and Natural Gas source

category regulated under CAA section

111 New Source Performance Standards

and Emission Guidelines. The North

American Industry Classification

System (NAICS) codes for the industrial

source category affected by the NSPS

actions finalized in this rulemaking are

summarized in table 1. The NAICS

codes serve as a guide for readers

outlining the type of entities that the

final NSPS actions are likely to affect.

The NSPS codified in 40 Code of

Regulations (CFR) part 60, subpart

OOOOb, are directly applicable to

affected facilities that begin

construction, reconstruction, or

modification after December 6, 2022.

Final amendments to 40 CFR part 60,

subpart OOOO, are applicable to

affected facilities that began

construction, reconstruction, or

modification after August 23, 2011, and

on or before September 18, 2015. Final

amendments to 40 CFR part 60, subpart

OOOOa, are applicable to affected

facilities that began construction,

reconstruction, or modification after

September 18, 2015, and on or before

December 6, 2022. As shown in table 1,

Federal, state, and local government

entities would not be affected by the

NSPS actions.

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TABLE 1—INDUSTRIAL SOURCE CATEGORIES AFFECTED BY NSPS ACTIONS

NAICS Code1

Category

Industry .....................................................................................................................

Federal Government ................................................................................................

State and Local Government ...................................................................................

Tribal Government ....................................................................................................

211120

211130

221210

486110

486210

. . . .

921150

Examples of regulated entities

Crude Petroleum Extraction.

Natural Gas Extraction.

Natural Gas Distribution.

Pipeline Distribution of Crude Oil.

Pipeline Transportation of Natural Gas.

Not affected.

American Indian and Alaska Native Tribal

Governments.

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1 North American Industry Classification System (NAICS).

This table is not intended to be

exhaustive but rather provides a guide

for readers regarding entities likely to be

affected by the NSPS actions. Other

types of entities not listed in the table

could also be affected by these NSPS

actions. To determine whether your

entity is affected by any of the NSPS

actions, you should carefully examine

the applicability criteria found in the

final NSPS rules. If you have questions

regarding the applicability of the NSPS

rules to a particular entity, consult the

person listed in the FOR FURTHER

INFORMATION CONTACT section, your state

air pollution control agency with

delegated authority for NSPS, or your

EPA Regional Office.

The issuance of CAA section 111(d)

final EG does not impose binding

requirements directly on existing

sources. The EG codified in 40 CFR part

60, subpart OOOOc, applies to states in

the development, submittal, and

implementation of state plans to

establish performance standards to

reduce emissions of GHGs from

designated facilities that are existing

sources on or before December 6, 2022.

Under the Tribal Authority Rule (TAR),

eligible Tribes may seek approval to

implement a plan under CAA section

111(d) in a manner similar to a state.

See 40 CFR part 49, subpart A. Tribes

may, but are not required to, seek

approval for treatment in a manner

similar to a state for purposes of

developing a Tribal implementation

plan (TIP) implementing the EG

codified in 40 CFR part 60, subpart

OOOOc. The TAR authorizes Tribes to

develop and implement their own air

quality programs, or portions thereof,

under the CAA. However, it does not

require Tribes to develop a CAA

program. Tribes may implement

programs that are most relevant to their

air quality needs. If a Tribe does not

seek and obtain the authority from the

EPA to establish a TIP, the EPA has the

authority to establish a Federal CAA

section 111(d) plan for designated

facilities that are located in areas of

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Indian country.1 A Federal plan would

apply to all designated facilities located

in the areas of Indian country covered

by the Federal plan unless and until the

EPA approves a TIP applicable to those

facilities.

B. Where can I get a copy of this

document and other related

information?

In addition to being available in the

docket, at Docket ID No. EPA–HQ–

OAR–2021–0317 located at https://

www.regulations.gov/, an electronic

copy of this final rulemaking is

available on the internet at https://

www.epa.gov/controlling-air-pollutionoil-and-natural-gas-industry. Following

signature by the EPA Administrator, the

EPA will post a copy of this final

rulemaking at this same website.

Following publication in the Federal

and key technical documents at this

same website.

C. Judicial Review and Administrative

Review

Under Clean Air Act (CAA) section

307(b)(1), judicial review of this final

rulemaking is available only by filing a

petition for review in the United States

Court of Appeals for the District of

Columbia Circuit by May 7, 2024. Under

CAA section 307(b)(2), the requirements

established by this final rulemaking may

not be challenged separately in any civil

or criminal proceedings brought by the

EPA to enforce the requirements.

Section 307(d)(7)(B) of the CAA

further provides that ‘‘[o]nly an

objection to a rule or procedure which

was raised with reasonable specificity

during the period for public comment

(including any public hearing) may be

raised during judicial review.’’ This

section also provides a mechanism for

1 See the EPA’s website, https://www.epa.gov/

tribal/tribes-approved-treatment-state-tas, for

information on those Tribes that have treatment as

a state for specific environmental regulatory

programs, administrative functions, and grant

programs.

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the EPA to convene a proceeding for

reconsideration, ‘‘[i]f the person raising

an objection can demonstrate to the EPA

that it was impracticable to raise such

objection within [the period for public

comment] or if the grounds for such

objection arose after the period for

public comment, (but within the time

specified for judicial review) and if such

objection is of central relevance to the

outcome of the rule.’’ Any person

seeking to make such a demonstration to

us should submit a Petition for

Reconsideration to the Office of the

Administrator, U.S. Environmental

Protection Agency, Room 3000, WJC

West Building, 1200 Pennsylvania Ave.

NW, Washington, DC 20460, with a

copy to both the person(s) listed in the

preceding FOR FURTHER INFORMATION

CONTACT section, and the Associate

General Counsel for the Air and

Radiation Law Office, Office of General

Counsel (Mail Code 2344A), U.S.

Environmental Protection Agency, 1200

Pennsylvania Ave. NW, Washington, DC

20460.

II. Executive Summary

A. Purpose of the Regulatory Actions

On November 15, 2021, the EPA

published a proposed rule (‘‘November

2021 Proposal’’) to mitigate climatedestabilizing pollution and protect

human health by reducing greenhouse

gas (GHG) and VOC emissions from the

oil and natural gas industry,2

specifically the Crude Oil and Natural

Gas source category.3 4 In the November

2 The EPA characterizes the oil and natural gas

industry operations as being generally composed of

four segments: (1) extraction and production of

crude oil and natural gas (‘‘oil and natural gas

production’’), (2) natural gas processing, (3) natural

gas transmission and storage, and (4) natural gas

distribution.

3 ‘‘Standards of Performance for New,

Reconstructed, and Modified Sources and

Emissions Guidelines for Existing Sources: Oil and

Natural Gas Sector Climate Review.’’ Proposed rule.

86 FR 63110, November 15, 2021.

4 The EPA defines the Crude Oil and Natural Gas

source category to mean: (1) crude oil production,

which includes the well and extends to the point

of custody transfer to the crude oil transmission

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2021 Proposal, the EPA proposed new

standards of performance under section

111(b) of the CAA for GHGs (in the form

of methane limitations) and VOC

emissions from new, modified, and

reconstructed sources in this source

category, as well as revisions to

standards of performance already

codified at 40 CFR part 60, subparts

OOOO and OOOOa. The EPA also

proposed EG under section 111(d) of the

CAA for GHGs emissions (in the form of

methane limitations) from existing

sources (designated facilities).5 The new

CAA section 111 NSPS and EG would

be codified in 40 CFR part 60 at subpart

OOOOb (NSPS OOOOb) and subpart

OOOOc (EG OOOOc), respectively. The

EPA also proposed several related

actions stemming from the joint

resolution of Congress, adopted on June

30, 2021, under the CRA disapproving

the EPA’s final rule titled, ‘‘Oil and

Natural Gas Sector: Emission Standards

for New, Reconstructed, and Modified

Sources Review,’’ September 14, 2020

(‘‘2020 Policy Rule’’). Lastly, in the

November 2021 Proposal the EPA

proposed a protocol under the general

provisions for OGI.

On December 6, 2022, the EPA

published a supplemental proposed rule

(‘‘December 2022 Supplemental

Proposal’’) that was composed of two

main additions.6 First, the EPA updated,

strengthened, and expanded on the

NSPS OOOOb standards proposed in

November 2021 under CAA section

111(b) for GHGs (in the form of methane

limitations) and VOC emissions from

new, modified, and reconstructed

facilities. Second, the EPA updated,

strengthened, and expanded the

presumptive standards proposed for EG

OOOOc in the November 2021 Proposal

as part of the CAA section 111(d) EG for

GHGs emissions (in the form of methane

limitations) from designated facilities.

For purposes of EG OOOOc, the EPA

also proposed the implementation

requirements for state plans developed

to limit GHGs pollution (in the form of

methane limitations) from designated

facilities in the Crude Oil and Natural

pipeline or any other forms of transportation; and

(2) natural gas production, processing,

transmission, and storage, which include the well

and extend to, but do not include, the local

distribution company custody transfer station,

commonly referred to as the ‘‘city-gate.’’

5 The term ‘‘designated facility’’ means ‘‘any

existing facility which emits a designated pollutant

and which would be subject to a standard of

performance for that pollutant if the existing facility

were an affected facility.’’ See 40 CFR 60.21a(b).

6 ‘‘Standards of Performance for New,

Reconstructed, and Modified Sources and

Emissions Guidelines for Existing Sources: Oil and

Natural Gas Sector Climate Review.’’ Supplemental

notice of proposed rulemaking. 87 FR 74702,

December 6, 2022.

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Gas source category under CAA section

111(d).

The purpose of this final rulemaking

is to finalize these multiple actions to

reduce air emissions from the Crude Oil

and Natural Gas source category. First,

the EPA finalizes NSPS OOOOb

regulating GHG (in the form of a

limitation on emissions of methane) and

VOCs emissions for the Crude Oil and

Natural Gas source category pursuant to

CAA section 111(b)(1)(B). Second, the

EPA finalizes the presumptive standards

in EG OOOOc to limit GHGs emissions

(in the form of methane limitations)

from designated facilities in the Crude

Oil and Natural Gas source category, as

well as requirements under the CAA

section 111(d) for states to follow in

developing, submitting, and

implementing state plans to establish

performance standards. Third, the EPA

finalizes several related actions

stemming from the joint resolution of

Congress, adopted on June 30, 2021,

under the CRA, disapproving the 2020

Policy Rule. Fourth, the EPA finalizes a

protocol under the general provisions of

40 CFR part 60 for OGI.

These final actions stem from the

EPA’s authority and obligation under

CAA section 111 to directly regulate

categories of new stationary sources that

cause or contribute to endangerment

from air pollution and to promulgate EG

for states to follow in regulating existing

sources (designated facilities) in the

source category. This final rulemaking

takes a significant step forward in

mitigating climate-destabilizing

pollution and protecting human health

by reducing GHG and VOC emissions

from the oil and natural gas industry,

specifically the Crude Oil and Natural

Gas source category. These mitigations

are based on proven, cost-effective

technologies already required by prior

EPA regulations or states’ regulations or

deployed by industry leaders to reduce

this dangerous pollution. The final rules

will also encourage the deployment of

innovative technologies that currently

exist to rapidly and cost-effectively

detect and reduce methane pollution

and promote further innovation that is

already under way to find even more

efficient and effective ways to mitigate

this pollution. Because methane is the

main component of natural gas, the

rules also result in more saleable

product.

The oil and natural gas industry is the

United States’ largest industrial emitter

of methane, a highly potent GHG.

Emissions of methane from human

activities are responsible for about onethird of the warming due to well-mixed

GHGs and constitute the second most

important warming agent arising from

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16823

human activity after carbon dioxide

(CO2).7 According to the

Intergovernmental Panel on Climate

Change (IPCC), strong, rapid, and

sustained methane reductions are

critical to reducing near-term disruption

of the climate system as well as a vital

complement to reductions in other

GHGs that are needed to limit the longterm extent of climate change and its

destructive impacts. The oil and natural

gas industry also emits other harmful

pollutants in varying concentrations and

amounts, including CO2, VOC, sulfur

dioxide (SO2), nitrogen oxides (NOX),

hydrogen sulfide (H2S), carbon disulfide

(CS2), and carbonyl sulfide (COS), as

well as benzene, toluene, ethylbenzene,

and xylenes (this group is commonly

referred to as ‘‘BTEX’’), and n-hexane.

Under the authority of CAA section

111, this rulemaking finalizes

comprehensive standards of

performance for GHG emissions (in the

form of methane limitations) and VOC

emissions for new, modified, and

reconstructed sources in the Crude Oil

and Natural Gas source category,

including sources located in the

production, processing, and

transmission and storage segments. For

designated facilities, this rulemaking

finalizes EG containing presumptive

standards for GHG in the form of

methane limitations. States must follow

these EG to submit to the EPA plans that

establish standards of performance for

designated facilities and provide for

implementation and enforcement of

such standards. The EPA will provide

support for states in developing their

plans to reduce methane emissions from

designated facilities within the Crude

Oil and Natural Gas source category.

Under the TAR, eligible Tribes may seek

approval to implement a plan under

CAA section 111(d) in a manner similar

to a state. See 40 CFR part 49, subpart

A. Tribes may, but are not required to,

seek approval for treatment in a manner

similar to a state for purposes of

developing a TIP implementing the EG

codified in 40 CFR part 60, subpart

OOOOc. The TAR authorizes Tribes to

develop and implement one or more of

their own air quality programs, or

portions thereof, under the CAA.

However, it does not require Tribes to

develop a CAA program. Tribes may

implement programs that are most

relevant to their air quality needs. If a

Tribe does not seek and obtain the

authority from the EPA to establish a

TIP, the EPA has the authority to

establish a Federal CAA section 111(d)

7 A well-mixed gas is one with an atmospheric

lifetime longer than a year or two, which allows the

gas to be mixed around the world.

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plan for designated facilities that are

located in areas of Indian country.8 A

Federal plan would apply to all

designated facilities located in the areas

of Indian country covered by the

Federal plan unless and until the EPA

approves a TIP applicable to those

facilities.

The EPA is finalizing these actions in

accordance with its legal obligations

and authorities following a review

directed by Executive Order (E.O.)

13990, ‘‘Protecting Public Health and

the Environment and Restoring Science

to Tackle the Climate Crisis,’’ issued on

January 20, 2021. These final actions

address the harmful consequences of

climate change, which is already

resulting in severe and growing human

and economic costs within the United

States (and globally too). According to

the IPCC AR6 assessment, ‘‘It is

unequivocal that human influence has

warmed the atmosphere, ocean and

land. Widespread and rapid changes in

the atmosphere, ocean, cryosphere and

biosphere have occurred.’’ The IPCC

AR6 assessment states that these

changes have led to increases in heat

waves and wildfire weather, reductions

in air quality, more intense hurricanes

and rainfall events, and rising sea level.

These changes, along with future

projected changes, endanger the

physical survival, health, economic

well-being, and quality of life of people

living in the United States (U.S.),

especially those in the most vulnerable

communities.

Methane is both the main component

of natural gas and a potent GHG. Using

one standard metric (the 100-year global

warming potential (GWP), which is a

measure of the climate impact of

emissions of 1 ton of a GHG over 100

years relative to the impact of the

emissions of 1 ton of CO2 over the same

time frame), methane has about 30 times

as much climate impact as CO2. Because

methane has a shorter lifetime than CO2,

it has a larger relative impact over

shorter time frames, and a smaller one

over longer time frames: the IPCC AR6

assessment found that ‘‘Over time scales

of 10 to 20 years, the global temperature

response to a year’s worth of current

emissions of SLCFs [short lived climate

forcers] is at least as large as that due

to a year’s worth of CO2 emissions.’’ 9

8 See the EPA website, https://www.epa.gov/

tribal/tribes-approved-treatment-state-tas, for

information on those Tribes that have treatment as

a state for specific environmental regulatory

programs, administrative functions, and grant

programs.

9 However, the IPCC AR6 assessment cautioned

that ‘‘[t]he effects of the SLCFs decay rapidly over

the first few decades after pulse emission.

Consequently, on time scales longer than about 30

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The IPCC estimated that, depending on

the reference scenario, collective

reductions in these SLCFs (methane,

ozone precursors, and

hydrofluorocarbons (HFCs)) could

reduce warming by 0.2 degrees Celsius

(°C) (more than one-third of a degree

Fahrenheit (°F) in 2040 and 0.8 °C

(almost 1.5 °F) by the end of the century.

As methane is the most important SLCF,

this makes methane mitigation one of

the best opportunities for reducing nearterm warming. Emissions from human

activities have already more than

doubled atmospheric methane

concentrations since 1750, and that

concentration has been growing larger at

record rates in recent years.10 In the

absence of additional reduction policies,

methane emissions are projected to

continue rising through at least 2040.

Methane’s radiative efficiency means

that immediate reductions in methane

emissions, including from sources in the

Crude Oil and Natural Gas source

category, can help reduce near-term

warming. As natural gas is composed

primarily of methane, every natural gas

leak or intentional release of natural gas

through venting or other processes

constitutes a release of methane.

Reducing human-caused methane

emissions, such as controlling natural

gas leaks and releases through the

measures in this final action, is critical

to addressing climate change and its

effects. See section III of this preamble

for further discussion on the air

emissions from the Crude Oil and

Natural Gas source category climate

change, including discussion of the

impacts of GHGs, VOCs, and SO2

emissions on public health and welfare.

Methane and VOC emissions from the

Crude Oil and Natural Gas source

category result from a variety of

industry operations across the supply

chain. As natural gas moves through the

necessarily interconnected system of

exploration, production, storage,

processing, and transmission that brings

it from wellhead to commerce,

emissions primarily result from

intentional venting, unintentional gas

carry-through (e.g., vortexing from

years, the net long-term temperature effects of

sectors and regions are dominated by CO2.’’

10 Naik, V., S. Szopa, B. Adhikary, P. Artaxo, T.

Berntsen, W.D. Collins, S. Fuzzi, L. Gallardo, A.

Kiendler 41 Scharr, Z. Klimont, H. Liao, N. Unger,

P. Zanis, 2021, Short-Lived Climate Forcers. In:

Climate Change 42 2021: The Physical Science

Basis. Contribution of Working Group I to the Sixth

Assessment Report of the 43 Intergovernmental

Panel on Climate Change [Masson-Delmotte, V., P.

Zhai, A. Pirani, S.L. Connors, C. 44 Péan, S. Berger,

N. Caud, Y. Chen, L. Goldfarb, M.I. Gomis, M.

Huang, K. Leitzell, E. Lonnoy, J.B.R. 45 Matthews,

T.K. Maycock, T. Waterfield, O. Yelekçi, R. Yu and

B. Zhou (eds.)]. Cambridge University 46 Press. In

Press.

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separator drain, improper liquid level

settings, liquid level control valve on an

upstream separator or scrubber does not

seal properly at the end of an automated

liquid dumping event, inefficient

separation of gas and liquid phases

occurring upstream of tanks allowing

some gas carry-through), routine

maintenance, unintentional fugitive

emissions, flaring, malfunctions,

abnormal process conditions, and

system upsets. These emissions are

associated with a range of specific

equipment and practices, including

leaking valves, connectors, and other

components at well sites and

compressor stations; leaks and vented

emissions from storage vessels; releases

from natural gas-driven pumps and

natural gas-driven process controllers;

liquids unloading at well sites; and

venting or under-performing flaring of

associated gas from oil wells. But

technical innovations have produced a

range of technologies and best practices

to monitor, eliminate, or minimize these

emissions, which in many cases have

the benefit of reducing multiple

pollutants at once and recovering

saleable product. These technologies

and best practices have been deployed

by individual oil and natural gas

companies, required by state

regulations, or reflected in regulations

issued by the EPA and other Federal

agencies.

In developing this final rulemaking,

the EPA applied the latest available

information to finalize the analyses

presented in the December 2022

Supplemental Proposal. This latest

information provided additional

insights into lessons learned from states’

regulatory efforts, the emission

reduction efforts of leading companies,

the continued development of new and

developing technologies, and

information and data from peerreviewed literature and emission

measurement efforts across the U.S.

In both the November 2021 Proposal

and the December 2022 Supplemental

Proposal, the EPA solicited comment on

various aspects of the proposed rules.

This final rulemaking responds to the

nearly one million total public

comments the Agency received. A wide

range of stakeholders, including state

and local governments, Tribal nations,

representatives of the oil and natural gas

industry, communities affected by oil

and gas pollution, environmental and

public health organizations, submitted

public comments on both the November

2021 Proposal and the December 2022

Supplemental Proposal. Following the

November 2021 Proposal, over 470,000

public comments were submitted. After

the December 2022 Supplemental

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Proposal, over 515,000 additional public

comments were submitted. Many

commenters representing diverse

perspectives expressed general support

for the proposals and requested that the

EPA further strengthen the proposed

rules and make them more

comprehensive. Other commenters

highlighted implementation or cost

concerns related to elements of both

proposals or provided specific data and

information that the EPA was able to

use to refine or revise several of the

proposed standards included in the

December 2022 Supplemental Proposal.

This final action also builds on

extensive engagement with states,

Tribes, and a broad range of

stakeholders. The EPA conducted

stakeholder trainings after both the

November 2021 Proposal and the

December 2022 Supplemental Proposal

for communities with environmental

justice (EJ) concerns, Tribes, and small

businesses. The EPA held 3-day virtual

public hearings for both the November

2021 Proposal and the December 2022

Supplemental Proposal with over 600

speakers and hundreds of viewers on

livestream. Tribal consultations were

completed after the November 2021

Proposal at the request of the Northern

Arapahoe Tribe, Mandan, Hidatsa and

Arikara Nation (MHA Nation), and

Eastern Shoshone Tribe.11 Additional

Tribal consultation was completed at

the request of MHA Nation and an

informational meeting was held with

the Ute Tribe after the December 2022

Supplemental Proposal.12 Through this

stakeholder engagement, the EPA heard

from diverse voices and perspectives, all

of which provided ideas and

information that helped shape and

inform this final rulemaking.

In this final rulemaking, the EPA is

finalizing updates to various aspects of

the proposed rules because of the

information received through the public

comment process. For example, after

review of the comments, the EPA is

finalizing updates to allow owners and

operators the option to use advanced

methane monitoring technologies for

detecting fugitive emissions. All

stakeholders supported allowing for the

use of alternative technologies and

provided the EPA with constructive

feedback and information to help

finalize this aspect of the rulemaking,

along with improvements that provide

greater flexibility for owners and

operators while ensuring these

technologies are used in an effective

11 See Memorandum in EPA–HQ–OAR–2021–

0317.

12 See Memorandum in EPA–HQ–OAR–2021–

0317.

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way to detect methane emissions.

Among other things, the EPA is

finalizing changes from the December

2022 Supplemental Proposal that will

allow owners and operators to use

multiple advanced technologies in

combination, and facilitate the use of

the best advanced technologies that we

know of by streamlining certain of the

proposed monitoring requirements

associated with their use. The EPA is

also finalizing an efficient pathway for

demonstrating that new technologies

meet the performance requirements

established under this rulemaking, and

approving their use under this program.

The final rulemaking allows for either a

periodic screening approach or a

continuous monitoring approach. The

EPA believes this program will allow

owners and operators to leverage

advanced technologies that are already

available to detect methane emissions

rapidly with accuracy, as well as to

incorporate promising new technologies

that are emerging in this rapidly

evolving field.

As a result of information provided

through the public comment process,

the EPA is also finalizing revisions to

the proposed requirements for new

sources to limit routine flaring of

associated gas. During the comment

period, the EPA received extensive

information regarding alternatives to

routine flaring, state-level requirements

to limit or prohibit routine flaring, and

commitments that owners and operators

have already made voluntarily to phase

out routine flaring in the near future.

Based on this information and the EPA’s

updated BSER analysis, the EPA is

finalizing requirements that will phase

out and eventually prohibit routine

flaring of associated gas from newly

constructed wells that are developed

after the effective date of this rule.

These requirements include reasonable

exemptions for certain temporary and

emergency uses of flaring, and a

transition period to allow owners and

operators adequate time to incorporate

this requirement into their development

plans and to deploy any necessary

equipment and controls. For a

subcategory of existing wells (with

documented methane of 40 tons per

year (tpy) or less), the EPA is finalizing

modifications to its December 2022

Supplemental Proposal to allow routine

flaring. This approach reflects

information the EPA received during

this rulemaking, and the EPA’s updated

BSER analysis, that indicates that

alternatives to routine flaring at such

wells are generally costly and could be

technically challenging to implement,

while achieving relatively small

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16825

emission reductions. For higheremitting existing (above 40 tpy

methane), modified, and reconstructed

wells, the EPA is finalizing the

provisions proposed in the December

2022 Supplemental Proposal limiting

routine flaring to situations in which a

sales line to collect the associated gas is

not available, and the owner and

operator has submitted a demonstration

that other alternatives to routine flaring

are not available due to technical

infeasibility. With the updates made in

this final rulemaking in response to

comments, the EPA believes that the

final rules and emission guidelines

provide an approach to limiting routine

flaring from associated gas that achieves

significant reductions in emissions,

while also providing owners and

operators with flexibility to utilize

routine flaring where needed and

sufficient lead time to implement

alternatives to routine flaring at newly

developed wells.

Further, the EPA is finalizing, with

certain revisions, requirements

proposed in the December 2022

Supplemental Proposal to monitor flares

to ensure proper operation and assure

continual compliance. Improperly

operating flares are a well-documented

large source of emissions, and requiring

operators to monitor and fix these

problems will yield significant methane

reductions.

In addition, the EPA is finalizing a

Super Emitter Program as part of this

rulemaking that requires owners and

operators to take appropriate action to

investigate very large emissions events

upon receiving from the EPA a

notification from a certified entity, and

if necessary, take steps to ensure

compliance with the applicable

regulation(s). The EPA has made

important modifications to this program

based on comments received on the

December 2022 Supplemental Proposal.

Public comments informed the EPA that

there is widespread recognition of the

need to address super-emitters, that it is

critical for the EPA to have a central role

in the program, and that timely

information-sharing and response is key

to being able to achieve emission

reductions. As a result, the final Super

Emitter Program provides a central role

for the EPA in receiving notifications

from certified third parties and verifying

that these notifications are complete and

have properly documented the existence

of a super-emitting event before sending

them to the appropriate owner or

operator. In addition, as proposed, the

EPA will have a central role in

approving monitoring technologies,

certifying and de-certifying notifiers,

requiring that third parties submit

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notifications within a limited

timeframe, and obligating operators to

subsequently respond in a timely

manner. These targeted changes for the

Super Emitter Program are intended to

ensure that the program operates with a

high degree of accuracy, integrity, and

transparency, while providing owners

and operators with prompt and reliable

notifications of super-emitting events

that may require follow-up investigation

and remediation. See sections X and XI

of this preamble for a full summary and

rationale of the changes since proposal.

After careful consideration of the

public comments, the EPA is finalizing

other aspects of the rulemaking as

proposed. For example, the EPA is

finalizing the NSPS and EG for process

controllers (formerly referred to as

pneumatic controllers) as proposed. For

both the NSPS and EG, process

controllers are required to meet a

methane and VOC emission rate of

zero.13 Another area of the rulemaking

that the EPA is finalizing as proposed is

liquids unloading. These sources are

required to comply with best

management practices for every well

that undergoes liquids unloading that

results in vented emissions. The EPA is

also finalizing standards for well

completions and sweetening units as

proposed. See sections X and XI of this

preamble for a full summary and

rationale of the areas of the rulemaking

that are being finalized as proposed.

The EPA conducted an analysis of EJ

in the development of this final

rulemaking and sought to ensure

equitable treatment and meaningful

involvement of all people regardless of

race, color, national origin, or income in

the process. The EPA engaged and

consulted representatives of frontline

communities that are directly affected

by and particularly vulnerable to the

climate and health impacts of pollution

from this source category through

interactions such as webinars, listening

sessions, and meetings. These

opportunities allowed the EPA to hear

directly from the public, especially

overburdened and underserved

communities, on the development of the

rulemaking and to factor these concerns

into the rulemaking. The extensive

pollution reduction measures in this

final rulemaking will collectively

reduce the emissions of a suite of

harmful pollutants and their associated

health impacts in communities adjacent

to these emission sources. A full

discussion and summary of engagement

with pertinent stakeholders can be

found in section VII of the preamble. A

13 See tables 3 and 4 of this preamble for a

summary of process controller standards in Alaska.

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full discussion of the analysis of EJ is

found in section XVI.F of the preamble.

In this final rulemaking, the EPA has

conducted a comprehensive analysis of

the available data from emission sources

in the Crude Oil and Natural Gas source

category, the latest available information

on control measures and techniques,

and information submitted by

stakeholders through the public

comment process to identify achievable,

cost-effective measures to significantly

reduce emissions, consistent with the

requirements of section 111 of the CAA.

This final rulemaking will lead to

significant and cost-effective reductions

in climate and health-harming pollution

and encourage development and

deployment of innovative technologies

to further reduce this pollution in the

Crude Oil and Natural Gas source

category.

As described in more detail below,

the EPA recognizes that several states

and other Federal agencies currently

regulate the oil and natural gas industry.

The EPA also recognizes that these state

and other Federal agency regulatory

programs have matured since the EPA

began implementing the current NSPS

requirements in 2012 and 2016. The

EPA further acknowledges the technical

innovations that the oil and natural gas

industry has made during the past

decade; this industry operates at a fast

pace and changes constantly as

technology evolves. The EPA commends

these efforts and recognizes states for

their innovative standards, alternative

compliance options, and

implementation strategies, and these

final actions build upon progress made

by certain states and Federal agencies in

reducing GHG and VOC emissions. See

preamble section VI for further

discussion of Related State Actions and

Other Federal Actions Regulating Oil

and Natural Gas Sources and Industry

and Voluntary Actions to Address

Climate Change.

As the Federal agency with primary

responsibility to protect human health

and the environment, the EPA has the

unique responsibility and authority to

regulate harmful air pollutants emitted

by the Crude Oil and Natural Gas source

category. The EPA recognizes that states

and other Federal agencies regulate in

accordance with their respective legal

authorities and within their respective

jurisdictions but collectively do not

fully and consistently address the range

of sources and emission reduction

measures contained in this final

rulemaking. Direct Federal regulation of

methane from new, reconstructed, and

modified sources in this category,

combined with approved state plans

that are consistent with the EPA’s EG

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presumptive standards for designated

facilities (existing sources), will help

reduce both climate- and other healthharming pollution from a large number

of sources that are either unregulated or

from which additional, cost-effective

reductions are available, level the

regulatory playing field, and help

promote technological innovation.

Included in this final rulemaking are

the final new subparts NSPS OOOOb

and EG OOOOc and amendatory

regulatory text for NSPS OOOO, NSPS

OOOOa, and 40 CFR part 60, subpart

KKK (NSPS KKK). The public docket for

this rulemaking also includes the full

text redline versions of NSPS OOOO,

NSPS OOOOa, and NSPS KKK

amendments.14 In addition, the EPA is

providing a Response to Comments

(RTC) document and updated

documents including the technical

support document (TSD), supporting

information collection request (ICR)

burden statements, and regulatory

impact analysis (RIA) that seeks to

account for the full impacts of these

proposed actions.

B. Summary of the Major Provisions of

This Regulatory Action

This final rulemaking includes four

distinct groups of actions under the

CAA each of which could have been

promulgated as a separate final rule.

First, pursuant to CAA section

111(b)(1)(B), the EPA has reviewed, and

is finalizing revisions to, the standards

of performance for the Crude Oil and

Natural Gas source category published

in 2012 and 2016 and amended in 2020,

codified at 40 CFR part 60, subpart

OOOO—‘‘Standards of Performance for

Crude Oil and Natural Gas Facilities for

Which Construction, Modification, or

Reconstruction Commenced After

August 23, 2011, and on or Before

September 18, 2015’’ (2012 NSPS) and

subpart OOOOa—‘‘Standards of

Performance for Crude Oil and Natural

Gas Facilities for which Construction,

Modification or Reconstruction

Commenced After September 18, 2015’’

(2016 NSPS OOOOa). Specifically, the

EPA is updating, strengthening, and

expanding the current requirements

under CAA section 111(b) for methane

and VOC emissions from sources that

commenced construction, modification,

or reconstruction after December 6,

2022. These final standards of

performance will be in a new subpart,

40 CFR part 60, subpart OOOOb (NSPS

OOOOb), and include standards for

emission sources previously not

regulated under the 2012 NSPS OOOO

and 2016 NSPS OOOOa.

14 Docket ID No. EPA–HQ–OAR–2021–0317.

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Second, pursuant to CAA section

111(d), the EPA is finalizing the first

nationwide EG for states to limit

methane pollution from designated

facilities in the Crude Oil and Natural

Gas source category. The EG being

finalized in this rulemaking will be in

a new subpart, 40 CFR part 60, subpart

OOOOc (EG OOOOc). The EG finalizes

presumptive standards for GHG

emissions (in the form of methane

limitations) from designated facilities

that commenced construction,

reconstruction, or modification on or

before December 6, 2022, and

implementation requirements designed

to inform states in the development,

submittal, and implementation of state

plans that are required to establish

standards of performance for emissions

of GHGs from their designated facilities

in the Crude Oil and Natural Gas source

category. The EPA is also finalizing

regulatory language in NSPS OOOO,

NSPS OOOOa, and NSPS KKK to

provide clarity on when sources

transition from being subject to these

NSPS and become subject to a state or

Federal plan implementing EG OOOOc.

Third, the EPA is taking several

related actions stemming from the joint

resolution of Congress, adopted on June

30, 2021, under the CRA, disapproving

the EPA’s final rule titled, ‘‘Oil and

Natural Gas Sector: Emission Standards

for New, Reconstructed, and Modified

Sources Review,’’ 85 FR 57018

(September 14, 2020) (‘‘2020 Policy

Rule’’). As explained in section XII of

this document, the EPA is finalizing

amendments to the 2016 NSPS OOOOa

to address (1) certain inconsistencies

between the VOC and methane

standards resulting from the disapproval

of the 2020 Policy Rule and (2) certain

determinations made in the final rule

titled, ‘‘Oil and Natural Gas Sector:

Emission Standards for New,

Reconstructed, and Modified Sources

Reconsideration,’’ 85 FR 57398

(September 15, 2020) (‘‘2020 Technical

Rule’’), specifically with respect to

fugitive emissions monitoring at low

production well sites and gathering and

boosting stations. With respect to the

latter, as described below, the EPA is

finalizing the rescission of provisions of

the 2020 Technical Rule that were not

supported by the record for that rule or

by our subsequent information and

analysis.

In addition, in this final rulemaking

the EPA updates the NSPS OOOO and

NSPS OOOOa provisions in the CFR to

reflect the CRA resolution’s disapproval

of the final 2020 Policy Rule,

specifically, the reinstatement of the

NSPS OOOO and NSPS OOOOa

requirements that the 2020 Policy Rule

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repealed but that came back into effect

immediately upon enactment of the

CRA resolution. It should be noted that

these requirements have come back into

effect already, even prior to these

updates to CFR text to reflect them.15

The EPA waited to make these updates

to the CFR text until the final rule

simply because it was more efficient

and clearer to amend the CFR once at

the end of this rulemaking process to

account for all changes to the 2012

NSPS OOOO (77 FR 49490, August 16,

2012) and 2016 NSPS OOOOa at the

same time.

Fourth, the EPA is finalizing a

protocol for the use of OGI in leak

detection being finalized as appendix K

to 40 CFR part 60 (referred to hereafter

as appendix K). While this protocol is

being finalized in this action, the

applicability of the protocol is broader.

The protocol is applicable to facilities

when specified in a referencing subpart

to help determine the presence and

location of leaks; it is not currently

applicable for use in direct emission

rate measurements from sources. The

protocol does not on its own apply to

any sources. For NSPS OOOOb and EG

OOOOc, we are finalizing the use of the

protocol for application at natural gas

processing plants. The protocol may be

applied to other sources only when

incorporated through rulemaking to a

specific subpart.

Each group of actions just described is

severable from the other. In addition,

within each group of actions, the

requirements governing each emission

source are separate from and so

severable from the requirements for

each other emission source.

Specifically, for each emission source,

the EPA separately analyzed and

determined the appropriate BSER. And

for each emission source, the EPA

conducted a separate analysis for new

sources governed by the NSPS and for

existing sources covered by the EG.

Each of the requirements in this final

rule is functionally independent—i.e.,

may operate in practice independently

of the other standards of performance.

As CAA section 111(a)(1) requires, the

standards of performance being

finalized in this rulemaking reflect ‘‘the

degree of emission limitation achievable

through the application of the best

system of emission reduction [BSER]

which (taking into account the cost of

achieving such reduction and any

nonair quality health and environmental

15 See Congressional Review Act Resolution to

Disapprove EPA’s 2020 Oil and Gas Policy Rule

Questions and Answers (June 30, 2021) available at

https://www.epa.gov/system/files/documents/202107/qa_cra_for_2020_oil_and_gas_policy_

rule.6.30.2021.pdf.

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16827

impact and energy requirement) the

Administrator determines has been

adequately demonstrated.’’ 16 This

rulemaking further finalizes EG for

designated facilities, under which states

must submit plans which establish

standards of performance that reflect the

degree of emission limitation achievable

through application of the BSER, as

identified in the final EG. In this final

rulemaking, we evaluated new data

made available to the EPA and

information provided from public

comments on the December 2022

Supplemental Proposal to update the

analyses and evaluate whether revisions

to the proposed BSER should be

considered. For any potential control

measure evaluated in this rulemaking,

as in the December 2022 Supplemental

Proposal, the EPA evaluated the

emission reductions achievable through

these measures and employed multiple

approaches to evaluate the

reasonableness of control costs

associated with the options under

consideration. For example, in

evaluating controls for reducing VOC

and methane emissions from new

sources, we considered a control

measure’s cost effectiveness under both

a ‘‘single-pollutant cost effectiveness’’

approach and a ‘‘multipollutant cost

effectiveness’’ approach to appropriately

consider that the systems of emission

reduction considered in this

rulemaking 17 typically achieve

reductions in multiple pollutants at

once and secure a multiplicity of

climate and public health benefits. For

both NSPS OOOOb and EG OOOOc, we

also compared: (1) the capital costs that

would be incurred through compliance

with the final standards against the

industry’s current level of capital

expenditures and (2) the annualized

costs against the industry’s estimated

annual revenues. For a detailed

discussion of the EPA’s consideration of

this and other BSER statutory elements,

see sections IV and VIII of this

16 The EPA notes that design, equipment, work

practice, or operational standards established under

CAA section 111(h) (commonly referred to as ‘‘work

practice standards’’) reflect the ‘‘best technological

system of continuous emission reduction’’ and that

this phrasing differs from the ‘‘best system of

emission reduction’’ phrase in the definition of

‘‘standard of performance’’ in CAA section

111(a)(1). Although the differences in these phrases

may be meaningful in other contexts, for purposes

of evaluating the sources and systems of emission

reduction at issue in this rulemaking, the EPA has

applied these concepts in an essentially comparable

manner because the systems of emission reduction

the EPA evaluated are all technological.

17 For EG OOOOc, where the pollutant is GHGs

in the form of limitations on methane, the EPA

considered a control measure’s cost effectiveness

under a ‘‘single-pollutant cost effectiveness’’

approach.

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preamble. Table 2 summarizes the

applicability dates for the four subparts

that the EPA is finalizing.

applicability dates for the four subparts

that the EPA is finalizing.

TABLE 2—APPLICABLE DATES FOR SUBPARTS ADDRESSED IN THIS RULEMAKING 18

Subpart

Source type

Applicable dates

40 CFR part 60, subpart OOOO ............

New,

modified,

reconstructed

sources.

New,

modified,

reconstructed

sources.

New,

modified,

reconstructed

sources.

Existing sources ....................................

After August 23, 2011, and on or before September 18,

2015.

After September 18, 2015, and on or before December 6,

2022.

After December 6, 2022.

40 CFR part 60, subpart OOOOa ..........

40 CFR part 60, subpart OOOOb ..........

40 CFR part 60, subpart OOOOc ...........

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1. New Source Performance Standards

for New, Modified, and Reconstructed

Sources After December 6, 2022 (NSPS

OOOOb)

As described in section X of this

preamble, the EPA is finalizing several

changes to the BSER and the NSPS for

certain affected facilities based on a

review of new data made available to

the EPA and information provided in

public comments. For the other NSPS

that generally remain unchanged, the

EPA is finalizing them as proposed in

the November 2021 Proposal and/or

December 2022 Supplemental Proposal.

The EPA is also finalizing further

justifications, flexibilities, or

clarifications, as needed, based on the

public comments and other additional

information received, as described in

section X of this preamble. The NSPS

applies to affected sources across the

Crude Oil and Natural Gas source

category, including the production,

processing, transmission, and storage

segments, for which construction,

reconstruction, or modification

commenced after December 6, 2022,

which is the date of publication of the

supplemental proposal for NSPS

OOOOb.

In particular, this action finalizes

changes to strengthen the proposed VOC

and methane standards addressing:

fugitive emissions from well sites;

monitoring of control devices; superemitters; storage vessels; associated gas;

pumps; equipment leaks at gas plants;

appendix K; centrifugal compressors;

and reciprocating compressors. It

generally leaves unchanged the SO2

performance standard for sweetening

units and the VOC and methane

performance standards for well

completions, gas well liquids unloading

operations, process controllers, and

fugitive emissions from compressor

stations. A summary of the final BSER

18 See preamble section IX, ‘‘Interaction of the

Rules and Response to Significant Comments

Thereon’’ for discussion on the applicable dates.

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On or before December 6, 2022.

determination and final NSPS for

affected sources for which construction,

reconstruction, or modification

commenced after December 6, 2022

(NSPS OOOOb), is presented in table 2.

See sections X and XI of this preamble

for a complete discussion of the changes

to the BSER determination and NSPS

requirements.

The final NSPS OOOOb also includes

provisions for the use of advanced

methane detection technologies that

allow for periodic screening or

continuous monitoring for fugitive

emissions and emissions from covers

and closed vent systems (CVS) used to

route emissions to control devices.

These advanced methane detection

technologies could also be used to

identify super-emitter emissions events

sooner and outside the normal periodic

OGI monitoring for fugitive emissions,

control devices, covers on storage

vessels, and CVS. Therefore, the EPA is

finalizing a Super Emitter Program

where an owner or operator must

investigate, and if necessary, take steps

to ensure compliance with the

applicable regulation(s) upon receiving

certified notifications of detected

emissions that are 100 kilograms per

hour (kg/hr) of methane or greater. See

section X.C of this preamble for a

complete discussion of these final

provisions.

2. EG for Sources Constructed Prior to

December 6, 2022 (EG OOOOc)

As described in sections X and XI of

this preamble, the EPA is finalizing

several changes to the BSER

determinations and presumptive

standards that were proposed under the

authority of CAA section 111(d) in the

November 2021 Proposal and/or the

December 2022 Supplemental Proposal.

These changes are based on a review of

new data made available to the EPA and

information provided in public

comments. In the November 2021

Proposal, the EPA proposed the first

nationwide EG for GHG (in the form of

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methane limitations) for the Crude Oil

and Natural Gas source category,

including the production, processing,

and transmission and storage segments

(EG OOOOc). In the December 2022

Supplemental Proposal, the EPA

proposed key implementation

information unique to the EG for

stakeholders.

This action finalizes revisions to

strengthen the proposed presumptive

standards for methane addressing:

fugitive emissions from well sites;

monitoring of control devices; superemitters; storage vessels; associated gas;

pumps; equipment leaks at gas plants;

appendix K; centrifugal compressors;

and reciprocating compressors. It

generally leaves unchanged the

presumptive standards for gas well

liquids unloading operations, process

controllers, and fugitive emissions from

compressor stations. A summary of the

final BSER determination and final

presumptive standards for EG OOOOc is

presented in table 3. See section X of

this preamble for a complete discussion

of the changes to the BSER

determination and final presumptive

standards.

The final EG OOOOc also includes

the same provisions described for NSPS

OOOOb that allow for the use of

alternative test methods using advanced

methane detection technologies for

periodic screening or continuous

monitoring for fugitive emissions and

emissions from covers and CVS used to

route emissions to control devices.

Finally, the EPA is also finalizing in the

final EG OOOOc presumptive

requirements for state plans to include

a Super Emitter Program, where an

owner or operator must investigate, and

if necessary, take steps to ensure

compliance with the applicable

regulation(s) upon receiving certified

notifications of detected emissions that

are 100 kilograms per hour (kg/hr) of

methane or greater. See section X of this

preamble for a complete discussion of

these final provisions.

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As stated in the November 2021

Proposal 19 and the December 2022

Supplemental Proposal,20 when the

EPA establishes NSPS for a source

category, the EPA is required to issue

EG to reduce emissions of certain

pollutants from existing sources in that

same source category. In such

circumstances, under CAA section

111(d), the EPA must issue regulations

to establish procedures under which

states submit plans to establish,

implement, and enforce standards of

performance for existing sources for

certain air pollutants to which a Federal

NSPS would apply if such existing

source were a new source. Thus, the

issuance of CAA section 111(d) final EG

does not impose binding requirements

directly on existing sources but instead

provides requirements for states in

developing their plans. There is a

fundamental requirement under CAA

section 111(d) that a state’s standards of

performance in its state plan submittal

are no less stringent than the

presumptive standard determined by

the EPA, which derives from the

definition of ‘‘standard of performance’’

in CAA section 111(a)(1). Further, as

provided in CAA section 111(d), a state

may choose to take into account

remaining useful life and other factors

(RULOF) in applying a standard of

performance to a particular source,

consistent with the CAA, the EPA’s

implementing regulations, and the final

EG.

The EPA is finalizing changes to the

BSER determinations and the degree of

limitation achievable through

application of the BSER for certain

existing equipment, processes, and

activities across the Crude Oil and

Natural Gas source category. Those

changes are discussed in section X of

this preamble. Section XIII of this

preamble discusses the components of

EG, including the steps, requirements,

and considerations associated with the

development, submittal, and

implementation of state, Tribal, and

Federal plans, as appropriate. For the

EG, the EPA is translating the degree of

emission limitation achievable through

application of the BSER (i.e., level of

stringency) into presumptive standards

that states may use in the development

of state plans for specific designated

facilities. In doing so, the EPA has

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19 See 86 FR 63117 (November 15, 2021).

20 See 87 FR 74702 (December 6, 2022).

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formatted the final EG OOOOc such that

if a state chooses to adopt these

presumptive standards as the standards

of performance in a state plan, the EPA

could approve such a plan as meeting

the requirements of CAA section 111(d)

and the finalized EG, if the plan meets

all other applicable requirements. In

this way, the presumptive standards

included in the final EG OOOOc serve

a function similar to that of a model

rule,21 because they are intended to

assist states in developing their plan

submissions by providing states with a

starting point for standards that are

based on general industry parameters

and assumptions. The EPA anticipates

that providing these presumptive

standards will create a streamlined

approach for states in developing state

plans and for the EPA in evaluating

state plans. However, the EPA’s action

on each state plan submission is carried

out via rulemaking, which includes

public notice and comment. Inclusion of

presumptive standards in the final EG

does not predetermine the outcomes of

any future rulemaking on state plan

submittals.

Designated facilities located in Indian

country would not be encompassed

within a state’s CAA section 111(d)

plan. Instead, an eligible Tribe that has

one or more designated facilities located

in its area of Indian country would have

the opportunity, but not the obligation,

to seek authority and submit a plan that

establishes standards of performance for

those facilities on its Tribal lands. If a

Tribe does not submit a plan, or if the

EPA does not approve a Tribe’s plan,

then the EPA has the authority to

establish a Federal plan for designated

facilities located within that Tribe’s area

of Indian country. A summary of the

final EG for existing sources (EG

OOOOc) for the oil and natural gas

sector is presented in table 4. See

section X of this preamble for a

complete discussion of the final EG

requirements.

3. Final Amendments to 2016 NSPS

OOOOa, and CRA-Related CFR Updates

The EPA is finalizing modifications to

the 2016 NSPS OOOOa to address

21 The presumptive standards are not the same as

a Federal plan under CAA section 111(d)(2). The

EPA has an obligation to promulgate a Federal plan

if a state fails to submit a satisfactory plan. In such

circumstances, the final EG and presumptive

standards would serve as a guide to the

development of a Federal plan. See section XIII.F

of this document for information on Federal plans.

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16829

certain amendments to the VOC

standards for sources in the production

and processing segments finalized in the

2020 Technical Rule. Because the

methane standards for the production

and processing segments and all

standards for the transmission and

storage segment were removed from the

2016 NSPS OOOOa via the 2020 Policy

Rule prior to the finalization of the 2020

Technical Rule, the latter amendments

apply only to the 2016 NSPS OOOOa

VOC standards for the production and

processing segments. In this final

rulemaking, the EPA also is applying

some of the 2020 Technical Rule

amendments to the methane standards

for all industry segments and to VOC

standards for the transmission and

storage segment in the 2016 NSPS

OOOOa. These amendments are

associated with the requirements for

well completions, pumps, closed vent

systems, fugitive emissions, alternative

means of emission limitation (AMELs),

and onshore natural gas processing

plants, as well as other technical

clarifications and corrections. The EPA

is also finalizing a repeal of the

amendments in the 2020 Technical Rule

that (1) exempted low production well

sites from monitoring fugitive emissions

and (2) changed monitoring of VOC

emissions at gathering and boosting

compressor stations from quarterly to

semiannual, which currently applies

only to VOC standards (not methane

standards) from the production and

processing segments. A summary of the

final amendments to the 2016 OOOOa

NSPS is presented in section XII of this

preamble.

Lastly, in this rulemaking, the EPA

updates the NSPS OOOO and OOOOa

provisions in the CFR to reflect the CRA

resolution’s disapproval of the final

2020 Policy Rule, specifically, the

reinstatement of the NSPS OOOO and

OOOOa requirements that the 2020

Policy Rule repealed but that came back

into effect immediately upon enactment

of the CRA resolution. The EPA waited

to make the updates to the CFR text

until the final rulemaking because it

would be more efficient and clearer to

amend the CFR once at the end of this

rulemaking process to account for all

changes to the 2012 NSPS OOOO and

2016 NSPS OOOOa at the same time,

rather than make piecemeal

amendments to the CFR.

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TABLE 3—SUMMARY OF FINAL BSER AND FINAL NEW SOURCE PERFORMANCE STANDARDS FOR GHGS AND VOCS

(NSPS OOOOb) 22

Affected source

Final BSER

Final new source performance standards for

GHGs and VOCs

Fugitive Emissions: Single Wellhead Only Well

Sites and Small Well Sites.

Quarterly AVO monitoring surveys ..................

Fugitive Emissions: Multi-wellhead Only Well

Sites (2 or more wellheads).

Quarterly AVO monitoring surveys ..................

AND

Monitoring and repair based on semiannual

monitoring using OGI 2.

Fugitive Emissions: Well Sites with Major Production and Processing Equipment and Centralized Production Facilities.

Bimonthly AVO monitoring surveys (i.e., every

other month).

AND

Monitoring and repair based on quarterly monitoring using OGI.

Fugitive Emissions: Compressor Stations .........

Monthly AVO monitoring surveys .....................

AND

Monitoring and repair based on quarterly monitoring using OGI.

Fugitive Emissions: Well Sites and Compressor Stations on Alaska North Slope.

Monitoring and repair based on annual monitoring using OGI.

Storage Vessels: A Single Storage Vessel or

Tank Battery with PTE 4 of 6 tpy or more of

VOC or PTE of 20 tpy or more of methane.

Process Controllers: Natural Gas-driven ...........

Capture and route to a control device .............

Quarterly AVO surveys. First attempt at repair

within 15 days after detecting fugitive emissions. Final repair within 15 days after first

attempt.

Fugitive monitoring continues for all well sites

until the site has been closed, including

plugging the wells at the site and submitting

a well closure report.

Quarterly AVO surveys. First attempt at repair

within 15 days after detecting fugitive emissions. Final repair within 15 days after first

attempt.

Semiannual OGI monitoring (Optional semiannual EPA Method 21 monitoring with 500

ppm defined as a leak).

First attempt at repair within 30 days after detecting fugitive emissions. Final repair within

30 days after first attempt.

Fugitive monitoring continues for all well sites

until the site has been closed, including

plugging the wells at the site and submitting

a well closure report.

Bimonthly AVO surveys. First attempt at repair

within 15 days after detecting fugitive emissions. Final repair within 15 days after first

attempt.

AND

Well sites with specified major production and

processing equipment: Quarterly OGI monitoring. (Optional quarterly EPA Method 21

monitoring with 500 ppm defined as a leak).

First attempt at repair within 30 days after detecting fugitive emissions. Final repair within

30 days after first attempt.

Fugitive monitoring continues for all well sites

until the site has been closed, including

plugging the wells at the site and submitting

a well closure report.

Monthly AVO surveys. First attempt at repair

within 15 days after detecting fugitive emissions. Final repair within 15 days after first

attempt.

AND

Quarterly OGI monitoring. (Optional quarterly

EPA Method 21 monitoring with 500 ppm

defined as a leak).

First attempt at repair within 30 days after detecting fugitive emissions. Final repair within

30 days after first attempt.

Annual OGI monitoring. (Optional annual EPA

Method 21 monitoring with 500 ppm defined

as a leak).

First attempt at repair within 30 days after detecting fugitive emissions. Final repair within

30 days after first attempt.

95 percent reduction of VOC and methane.

Process Controllers: Alaska (at sites where onsite power is not available—continuous

bleed natural gas-driven).

Process Controllers: Alaska (at sites where onsite power is not available—intermittent natural gas-driven).

Use of low-bleed process controllers ...............

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Use of zero-emissions controllers ....................

Monitor and repair through fugitive emissions

program.

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VOC and GHG (methane) emission rate of

zero.

Natural gas bleed rate no greater than 6

scfh.5

OGI monitoring and repair of emissions from

controller malfunctions.

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TABLE 3—SUMMARY OF FINAL BSER AND FINAL NEW SOURCE PERFORMANCE STANDARDS FOR GHGS AND VOCS

(NSPS OOOOb) 22—Continued

Affected source

Final BSER

Final new source performance standards for

GHGs and VOCs

Well Liquids Unloading ......................................

Best management practices to minimize or

eliminate methane and VOC emissions to

the maximum extent possible.

Wet Seal Centrifugal Compressors (except for

those located at well sites).

Capture and route emissions from the wet

seal fluid degassing system to a control device.

(Optional) Monitoring and repair to maintain

volumetric flow rate at or below 3 scfm.

Perform best management practices to minimize or eliminate methane and VOC emissions to the maximum extent possible from

liquids unloading events that vent emissions

to the atmosphere.

95 percent reduction of methane and VOC

emissions.

Wet Seal Centrifugal Compressors (except for

those located at well sites): Self-contained

centrifugal compressors and wet seal compressors equipped with a mechanical seal.

Wet Seal Centrifugal Compressors (except for

those located at well sites): Alaska North

Slope centrifugal compressors equipped with

a seal oil recovery system.

Dry Seal Centrifugal Compressors (except for

those located at well sites).

Reciprocating Compressors (except for those

located at well sites).

Pumps: Natural gas-driven ................................

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Pumps: Natural gas-driven (at sites where onsite power is not available and there are

fewer than 3 diaphragm pumps).

Well Completions: Subcategory 1 (non-wildcat

and non-delineation wells).

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Monitoring and repair to maintain volumetric

flow rate at or below 3 scfm per compressor

seal.

(Optional) Monitoring and repair to maintain

volumetric flow rate at or below 9 scfm per

seal.

Monitoring and repair to maintain volumetric

flow rate at or below 9 scfm per compressor

seal.

Monitoring and repair to maintain volumetric

flow rate at or below 10 scfm 7 per seal.

Monitoring and repair of seal to maintain volumetric flow rate at or below 10 scfm per

compressor seal.

Monitoring and repair or replacement of rod

packing to maintain volumetric flow rate at

or below 2 scfm per cylinder.

Monitoring and repair or replace the reciprocating compressor rod packing in order to

maintain volumetric flow rate at or below 2

scfm per cylinder.

Use of zero-emissions pumps ..........................

Use of an existing VRU or control device ........

Combination of REC 8 and the use of a completion combustion device.

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GHG (methane) and VOC emission rate of

zero.

Route pump emissions to a process if VRU is

onsite, or to control device if onsite.

Applies to each well completion operation with

hydraulic fracturing.

REC in combination with a completion combustion device; venting in lieu of combustion

where combustion would present demonstrable safety hazards.

Initial flowback stage: Route to a storage vessel or completion vessel (frac tank, lined pit,

or other vessel) and separator.

Separation flowback stage: Route all salable

gas from the separator to a flow line or collection system, reinject the gas into the well

or another well, use the gas as an onsite

fuel source or use for another useful purpose that a purchased fuel or raw material

would serve. If technically infeasible to route

recovered gas as specified, recovered gas

must be combusted. All liquids must be

routed to a storage vessel or well completion vessel, collection system, or be reinjected into the well or another well.

The operator is required to have (and use) a

separator onsite during the entire flowback

period.

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TABLE 3—SUMMARY OF FINAL BSER AND FINAL NEW SOURCE PERFORMANCE STANDARDS FOR GHGS AND VOCS

(NSPS OOOOb) 22—Continued

Affected source

Final BSER

Final new source performance standards for

GHGs and VOCs

Well Completions: Subcategory 2 (exploratory,

wildcat, and delineation wells and non-wildcat and non-delineation low-pressure wells).

Use of a completion combustion device ..........

Equipment Leaks at Natural Gas Processing

Plants.

New Wells with Associated Gas that commenced construction after May 7, 2026.

LDAR 9 with bimonthly OGI ..............................

New wells with Associated Gas that commenced construction between May 7, 2024,

and May 7, 2026.

Route associated gas to a sales line ...............

New Wells with Associated Gas that Commenced Construction after December 6,

2022, and before May 7, 2024.

Route associated gas to a sales line ...............

Applies to each well completion operation with

hydraulic fracturing.

The operator is not required to have a separator onsite. Either: (1) Route all flowback to

a completion combustion device with a continuous pilot flame; or (2) Route all flowback

into one or more well completion vessels

and commence operation of a separator unless it is technically infeasible for a separator to function. Any gas present in the

flowback before the separator can function

is not subject to control under this section.

Capture and direct recovered gas to a completion combustion device with a continuous

pilot flame.

For both options (1) and (2), combustion is not

required in conditions that may result in a

fire hazard or explosion, or where high heat

emissions from a completion combustion

device may negatively impact tundra, permafrost, or waterways.

LDAR with OGI following procedures in appendix K.

Route associated gas to a sales line; or, the

gas can be used for another useful purpose

that a purchased fuel, chemical feedstock,

or raw material would serve, or recovered

from the separator and reinjected into the

well or injected into another well.

Route associated gas to a sales line; or, the

gas can be used for another useful purpose

that a purchased fuel, chemical feedstock,

or raw material would serve, or recovered

from the separator and reinjected into the

well or injected into another well. If demonstrated, and documented annually, that

routing to a sales line and the alternatives

are not technically feasible, the associated

gas can be routed to a flare or other control

device that achieves at least 95 percent reduction in GHG (methane) and VOC emissions. A second infeasibility determination

may not extend beyond 24 months from effective date.

Route associated gas to a sales line; or, the

gas can be used for another useful purpose

that a purchased fuel, chemical feedstock,

or raw material would serve, or recovered

from the separator and reinjected into the

well or injected into another well. If demonstrated, and documented annually, that

routing to a sales line and the alternatives

are not technically feasible, the associated

gas can be routed to a flare or other control

device that achieves at least 95 percent reduction in GHG (methane) and VOC emissions.

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Route associated gas to a sales line ...............

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16833

TABLE 3—SUMMARY OF FINAL BSER AND FINAL NEW SOURCE PERFORMANCE STANDARDS FOR GHGS AND VOCS

(NSPS OOOOb) 22—Continued

Affected source

Final BSER

Final new source performance standards for

GHGs and VOCs

Wells with Associated Gas Reconstructed or

Modified after December 6, 2022.

Route associated gas to a sales line ...............

Sweetening Units ...............................................

Achieve SO2 emission reduction efficiency .....

Route associated gas to a sales line; or, the

gas can be used for another useful purpose

that a purchased fuel, chemical feedstock,

or raw material would serve, or recovered

from the separator and reinjected into the

well or injected into another well. If demonstrated, and documented annually, that

routing to a sales line and the alternatives

are not technically feasible, the associated

gas can be routed to a flare or other control

device that achieves at least 95 percent reduction in GHG (methane) and VOC emissions.

Achieve required minimum SO2 emission reduction efficiency.

1 tpy (tons per year).

2 OGI (optical gas imaging).

3 ppm (parts per million).

4 PTE (potential to emit).

5 scfh (standard cubic feet per hour).

6 BMP (best management practices).

7 scfm (standard cubic feet per minute).

8 REC (reduced emissions completion).

9 LDAR (leak detection and repair).

TABLE 4—SUMMARY OF FINAL BSER AND FINAL PRESUMPTIVE STANDARDS FOR GHGS FROM DESIGNATED FACILITIES

(EG OOOOc) 23

Designated facility

Final BSER

Final presumptive standards for GHGs

Fugitive Emissions: Single Wellhead Only Well

Sites and Small Well Sites.

Quarterly AVO monitoring surveys ..................

Fugitive Emissions: Multi-wellhead Only Well

Sites (2 or more wellheads).

Quarterly AVO monitoring surveys ..................

Quarterly AVO surveys. First attempt at repair

within 15 days after detecting fugitive emissions. Final repair within 15 days after first

attempt.

Fugitive monitoring continues for all well sites

until the site has been closed, including

plugging the wells at the site and submitting

a well closure report.

Quarterly AVO surveys. First attempt at repair

within 15 days after detecting fugitive emissions. Final repair within 15 days after first

attempt.

Semiannual OGI monitoring (Optional semiannual EPA Method 21 monitoring with 500

ppm defined as a leak).

First attempt at repair within 30 days after detecting fugitive emissions. Final repair within

30 days after first attempt.

Fugitive monitoring continues for all well sites

until the site has been closed, including

plugging the wells at the site and submitting

a well closure report.

Bimonthly AVO surveys. First attempt at repair

within 15 days after detecting fugitive emissions. Final repair within 15 days after first

attempt.

AND

Well sites with specified major production and

processing equipment: Quarterly OGI monitoring. (Optional quarterly EPA Method 21

monitoring with 500 ppm defined as a leak).

AND

Monitoring and repair based on semiannual

monitoring using OGI2.

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Fugitive Emissions: Well Sites and Centralized

Production Facilities.

Bimonthly AVO monitoring surveys (i.e., every

other month).

AND

Monitoring and repair based on quarterly monitoring using OGI.

22 For fugitive emissions at well sites,centralized

production facilities, and compressor stations, the

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EPA is finalizing an advanced measurement

technology compliance option to use alternative

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monitoring instead of OGI and AVO monitoring.

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TABLE 4—SUMMARY OF FINAL BSER AND FINAL PRESUMPTIVE STANDARDS FOR GHGS FROM DESIGNATED FACILITIES

(EG OOOOc) 23—Continued

Designated facility

Final BSER

Final presumptive standards for GHGs

Fugitive Emissions: Well Sites and Compressor Stations on Alaska North Slope.

Monitoring and repair based on annual monitoring using OGI.

Storage Vessels: Tank Battery with PTE of 20

tpy or More of Methane.

Process Controllers: Natural gas-driven ...........

Process Controllers: Alaska (at sites where onsite power is not available—continuous

bleed natural gas-driven).

Process Controllers: Alaska (at sites where onsite power is not available—intermittent natural gas-driven).

Gas Well Liquids Unloading ..............................

Capture and route to a control device .............

First attempt at repair within 30 days after

finding fugitive emissions. Final repair within

30 days after first attempt.

Fugitive monitoring continues for all well sites

until the site has been closed, including

plugging the wells at the site and submitting

a well closure report.

Monthly AVO surveys. First attempt at repair

within 15 days after detecting fugitive emissions. Final repair within 15 days after first

attempt.

AND

Quarterly OGI monitoring. (Optional quarterly

EPA Method 21 monitoring with 500 ppm

defined as a leak).

First attempt at repair within 30 days after detecting fugitive emissions. Final repair within

30 days after first attempt.

Annual OGI monitoring. (Optional annual EPA

Method 21 monitoring with 500 ppm defined

as a leak).

First attempt at repair within 30 days after

finding fugitive emissions. Final repair within

30 days after first attempt.

95 percent reduction of methane.

Use of zero-emissions controllers ....................

Use of low-bleed process controllers ...............

GHG (methane) emission rate of zero.

Natural gas bleed rate no greater than 6 scfh.

Monitor and repair through fugitive emissions

program.

OGI monitoring and repair of emissions from

controller malfunctions.

Best management practices to minimize or

eliminate methane and VOC emissions to

the maximum extent possible.

Wet Seal Centrifugal Compressors (except for

those located at well sites).

Wet Seal Centrifugal Compressors (except for

those located at well sites): Self-contained

centrifugal compressors and wet seal compressors equipped with a mechanical seal.

Wet Seal Centrifugal Compressors (except for

those located at well sites): Alaska North

Slope centrifugal compressors equipped with

a seal oil recovery system.

Dry Seal Centrifugal Compressors (except for

those located at well sites).

Reciprocating Compressors (except for those

located at well sites).

Monitoring and repair to maintain volumetric

flow rate at or below 3 scfm7.

Monitoring and repair to maintain volumetric

flow rate at or below 3 scfm.

Perform best management practices to minimize or eliminate methane and VOC emissions to the maximum extent possible from

liquids unloading events that vent emissions

to the atmosphere.

Monitoring and repair to maintain volumetric

flow rate at or below 3 scfm per seal.

Monitoring and repair to maintain volumetric

flow rate at or below 3 scfm per seal.

Monitoring and repair to maintain volumetric

flow rate at or below 9 scfm.

Monitoring and repair to maintain volumetric

flow rate at or below 9 scfm per seal.

Monitoring and repair to maintain volumetric

flow rate at or below 10 scfm7.

Monitoring and repair or replace the reciprocating compressor rod packing in order to

maintain volumetric flow rate at or below 2

scfm.

Use of zero-emissions pumps ..........................

Use of an existing VRU or control device ........

Monitoring and repair to maintain volumetric

flow rate at or below 10 scfm per seal.

Monitoring and repair to maintain volumetric

flow rate at or below 2 scfm per cylinder.

LDAR with bimonthly OGI ................................

LDAR with OGI following procedures in appendix K.

Fugitive Emissions: Compressor Stations .........

Monthly AVO monitoring surveys .....................

AND

Monitoring and repair based on quarterly monitoring using OGI.

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Pumps: Natural gas-driven ................................

Pumps: Natural gas-driven (at sites where onsite power is not available and there are

fewer than 3 diaphragm pumps).

Equipment Leaks at Natural Gas Processing

Plants.

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GHG (methane) emission rate of zero.

Route pump emissions to a process if VRU is

onsite, or to control device if onsite.

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TABLE 4—SUMMARY OF FINAL BSER AND FINAL PRESUMPTIVE STANDARDS FOR GHGS FROM DESIGNATED FACILITIES

(EG OOOOc) 23—Continued

Designated facility

Final BSER

Final presumptive standards for GHGs

Wells with Associated Gas greater than 40 tpy

methane.

Route associated gas to a sales line ...............

Wells with Associated Gas 40 tpy methane or

less.

Route associated gas to a flare or other control device that achieves at least 95 percent

reduction in methane emissions.

Route associated gas to a sales line. Alternatively, the gas can be used as an onsite

fuel source or used for another useful purpose that a purchased fuel or raw material

would serve, or be injected into the well or

another well. If demonstrated, and annually

documented, that a sales line and alternatives are not technically feasible, the gas

can be routed to a flare or other control device that achieves at least 95 percent reduction in methane emissions.

Route associated gas to a sales line. Alternatively, the gas can be used as an onsite

fuel source or used for another useful purpose that a purchased fuel or raw material

would serve, or be injected into the well or

another well. Alternatively, the gas can be

routed to a flare or other control device that

achieves at least 95 percent reduction in

methane emissions.

C. Costs and Benefits

In accordance with the requirements

of E.O. 12866, the EPA projected the

emissions reductions, costs, and

benefits that may result from this final

rulemaking. These results are presented

in detail in the RIA accompanying this

final rulemaking developed in response

to E.O. 12866. The RIA focuses on the

elements of the final rules that are likely

to result in quantifiable cost or

emissions changes compared to a

baseline without the rule. We estimated

the cost, emissions, and benefit impacts

for the 2024 to 2038 period. We present

the present value (PV) and equivalent

annual value (EAV) of costs, benefits,

and net benefits of this rulemaking in

2019 dollars.

The initial analysis year in the RIA is

2024 as we assume the NSPS rules will

take effect early in 2024. The EG will

take longer to go into effect as states will

need to develop implementation plans

in response to the EG and have them

approved by the EPA. We assume in the

RIA that this process will take 4 years,

and so EG impacts will begin in 2028.

The final analysis year is 2038, which

allows us to provide up to 15 years of

projected impacts after the NSPS is

assumed to take effect and 11 years of

projected impacts after the EG is

assumed to take effect.

The cost analysis presented in the RIA

reflects a nationwide engineering

analysis of compliance cost and

emissions reductions, of which there are

two main components. The first

component is a set of representative or

model plants for each regulated facility,

segment, and control option. The

characteristics of the model plant

include typical equipment, operating

characteristics, and representative

factors including baseline emissions and

the costs, emissions reductions, and

product recovery resulting from each

control option. The second component

is a set of projections of activity data for

affected facilities, distinguished by

vintage, year, and other necessary

attributes (e.g., oil versus natural gas

wells). Impacts are calculated by setting

parameters on how and when affected

facilities are assumed to respond to a

particular regulatory regime,

multiplying activity data by model plant

cost and emissions estimates,

differencing from the baseline scenario,

and then summing to the desired level

of aggregation. In addition to emissions

reductions, some control options result

in natural gas recovery, which can then

be combusted in production or sold.

Where applicable, we present projected

compliance costs with and without the

projected revenues from product

recovery.

The EPA expects climate and health

benefits due to the emissions reductions

projected under this final rulemaking.

The EPA estimated the monetized

climate benefits of methane emission

reductions expected from these final

rules using estimates of the social cost

of methane (SC–CH4) that reflect recent

advances in the scientific literature on

climate change and its economic

impacts and incorporate

23 For fugitive emissions at well sites, centralized

production facilities, and compressor stations, the

EPA is finalizing an advanced measurement

technology compliance option to use alternative

periodic screening and alternative continuous

monitoring instead of OGI and AVO monitoring.

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recommendations made by the National

Academies of Science, Engineering, and

Medicine (National Academies 2017).

The EPA presented these estimates in a

sensitivity analysis in the December

2022 RIA, solicited public comment on

the methodology and use of these

estimates, and has conducted an

external peer review of these estimates,

as discussed in section XVI.E of this

preamble.

In addition to climate benefits from

methane emissions reductions, the EPA

expects that VOC emission reductions

under the final rulemaking will improve

air quality and improve health and

welfare due to reduced exposure to

ozone, particulate matter with a

diameter of 2.5 micrometers or less

(PM2.5), and hazardous air pollutants

(HAP). In a national-level analysis of

public health impacts, the EPA used the

environmental Benefits Mapping and

Analysis Program—Community Edition

(BenMAP–CE) software program to

quantify counts of premature deaths and

illnesses attributable to photochemical

modeled changes in summer season

average ozone concentrations resulting

from projected VOC emissions

reductions under the rulemaking. The

methods for quantifying the number and

value of air pollution-attributable

premature deaths and illnesses are

described in the RIA for this action and

the TSD titled Estimating PM2.5- and

Ozone-Attributable Health Benefits.24

These reductions in health-harming

pollution would result in significant

public health benefits including avoided

24 https://www.epa.gov/system/files/documents/

2023-01/Estimating%20PM2.5-%20and%20OzoneAttributable%20Health%20Benefits%20TSD_0.pdf.

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premature deaths, reductions in new

asthma cases and incidences of asthma

symptoms, reductions in hospital

admissions and emergency department

visits, and reductions in lost school

days.

The EPA notes that the benefits

analysis is distinct from the statutory

BSER determinations finalized herein,

which are based on the statutory factors

the EPA is required to consider under

section 111(a) of the CAA (including

cost, energy requirements and nonair

quality health, and environmental

impacts). The assessment of benefits

described above and in the RIA is

presented solely for the purposes of

complying with E.O. 12866 and

providing the public with a complete

depiction of the impacts of the

rulemaking.

The projected national-level

emissions reductions over the 2024 to

2038 period anticipated under the

finalized requirements are presented in

table 5. Table 6 presents the PV and

EAV of the projected benefits, costs, and

net benefits over the 2024 to 2038

period under the final rule using

discount rates of 2, 3, and 7 percent.

TABLE 5—PROJECTED EMISSIONS REDUCTIONS UNDER THE FINAL RULES, 2024–2038 TOTAL

Emissions reductions

(2024–2038 total)

Pollutant

Methane (million short tons) a ..................................................................................................................................................

VOC (million short tons) ..........................................................................................................................................................

Hazardous Air Pollutant (million short tons) ............................................................................................................................

Methane (million metric tons CO2 Eq.) b .................................................................................................................................

0.59

1,500

a To convert from short tons to metric tons, multiply the short tons by 0.907. Alternatively, to convert metric tons to short tons, multiply metric

tons by 1.102.

b Carbon dioxide equivalent (CO Eq). calculated using a global warming potential of 28.

TABLE 6—BENEFITS, COSTS, NET BENEFITS, AND EMISSIONS REDUCTIONS UNDER THE FINAL RULES, 2024–2038

[Dollar Estimates in Millions of 2019 Dollars] a

2 Percent near-term Ramsey discount rate

Climate Benefits b .....................................

EAV

$110,000

$8,500

$110,000

2 Percent

discount rate

Ozone Health Benefits c ...........................

Net Compliance Costs .............................

Compliance Costs ....................................

Value of Product Recovery ......................

Net Benefits d ...........................................

Non-Monetized Benefits ...........................

$8,500

$540

1,500

2,400

980

7,600

$8,500

7 Percent

discount rate

EAV

$6,100

18,000

29,000

11,000

97,000

EAV

$110,000

3 Percent

discount rate

EAV

$7,000

19,000

31,000

13,000

97,000

EAV

$510

1,500

2,400

950

7,500

EAV

$3,500

14,000

22,000

7,400

98,000

$380

1,600

2,400

820

7,300

Climate and ozone-related health benefits from reducing 58 million short tons of methane from 2024

to 2038.

Benefits to provision of ecosystem services associated with reduced ozone concentrations from

reducing 16 million short tons of VOC from 2024 to 2038.

PM2.5-related health benefits from reducing 16 million short tons of VOC from 2024 to 2038.

HAP benefits from reducing 590 thousand short tons of HAP from 2024 to 2038.

a Values rounded to two significant figures. Totals may not appear to add correctly due to rounding.

b Climate benefits are based on reductions in methane emissions and are calculated using three different estimates of the SC-CH (under 1.5

percent, 2.0 percent, and 2.5 percent near-term Ramsey discount rates). For the presentational purposes of this table, we show the climate benefits associated with the SC-CH4 at the 2 percent near-term Ramsey discount rate. Please see tables 3.4 and 3.5 in the RIA for the full range of

monetized climate benefit estimates. All net benefits are calculated using climate benefits discounted at the 2 percent near-term rate.

c Monetized benefits include those related to public health associated with reductions in ozone concentrations. The health benefits are associated with several point estimates.

d Several categories of climate, human health, and welfare benefits from methane, VOC, and HAP emissions reductions remain unmonetized

and are thus not directly reflected in the quantified benefit estimates in the table.

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III. Air Emissions From the Crude Oil

and Natural Gas Sector and Public

Health and Welfare

A. Impacts of GHGs, VOCs, and SO2

Emissions on Public Health and Welfare

As noted previously, the oil and

natural gas industry emits a wide range

of pollutants, including GHGs (such as

methane and CO2), VOCs, SO2, NOX,

H2S, CS2, and COS. See 49 FR 2636,

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2637 (January 20, 1984). As noted

below, to this point the EPA has focused

its regulatory efforts under CAA section

111 on GHGs, VOC, and SO2.25

25 We note that the EPA’s focus on GHGs (in

particular methane), VOC, and SO2 in these

analyses does not in any way limit the EPA’s

authority to promulgate standards that would apply

to other pollutants emitted from the Crude Oil and

Natural Gas source category, if the EPA determines

in the future that such action is appropriate.

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1. Climate Change Impacts From GHGs

Emissions

Elevated concentrations of GHGs are

and have been warming the planet,

leading to changes in the Earth’s climate

including changes in the frequency and

intensity of heat waves, precipitation,

and extreme weather events; rising seas;

and retreating snow and ice. The

changes taking place in the atmosphere

as a result of the well-documented

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buildup of GHGs due to human

activities are changing the climate at a

pace and in a way that threatens human

health, society, and the natural

environment. Human-produced GHGs,

largely derived from our reliance on

fossil fuels, are causing serious and lifethreatening environmental and health

impacts. While the EPA is not making

any new scientific or factual findings

with regard to the well-documented

impact of GHG emissions on public

health and welfare in support of this

rulemaking, the EPA is providing some

scientific background on climate change

to offer additional context for this

rulemaking and to increase the public’s

understanding of the environmental

impacts of GHGs.

Extensive additional information on

climate change is available in the

scientific assessments and the EPA

documents that are briefly described in

this section of this preamble, as well as

in the technical and scientific

information supporting them. One of

those documents is the EPA’s 2009

Endangerment and Cause or Contribute

Findings for GHGs Under Section 202(a)

of the CAA (74 FR 66496, December 15,

2009).26 In the 2009 Endangerment

Findings, the Administrator found

under section 202(a) of the CAA that

elevated atmospheric concentrations of

six key well-mixed GHGs—CO2,

methane, N2O, HFCs, perfluorocarbons

(PFCs), and sulfur hexafluoride (SF6)—

‘‘may reasonably be anticipated to

endanger the public health and welfare

of current and future generations’’ (74

FR 66523, December 15, 2009), and the

science and observed changes since that

time have confirmed and strengthened

the understanding and concerns

regarding the climate risks considered

in the Findings. The 2009

Endangerment Findings, together with

the extensive scientific and technical

evidence in the supporting record,

documented that climate change caused

by human emissions of GHGs threatens

the public health of the U.S. population.

It explained that by raising average

temperatures, climate change increases

the likelihood of heat waves, which are

associated with increased deaths and

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26 In describing these 2009 Findings in this

proposal, the EPA is neither reopening nor

revisiting them.

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illnesses (74 FR 66497, December 15,

2009). While climate change also

increases the likelihood of reductions in

cold-related mortality, evidence

indicates that the increases in heat

mortality will be larger than the

decreases in cold mortality in the U.S.

(74 FR 66525, December 15, 2009). The

2009 Endangerment Findings further

explained that compared to a future

without climate change, climate change

is expected to increase tropospheric

ozone pollution over broad areas of the

U.S., including in the largest

metropolitan areas with the worst

tropospheric ozone problems, and

thereby increase the risk of adverse

effects on public health (74 FR 66525,

December 15, 2009). Climate change is

also expected to cause more intense

hurricanes, and more frequent and

intense storms of other types, and heavy

precipitation, with impacts on other

areas of public health such as the

potential for increased deaths, injuries,

infectious and waterborne diseases, and

stress-related disorders (74 FR 66525,

December 15, 2009). Children, the

elderly, and the poor are among the

most vulnerable to these climate-related

health effects (74 FR 66498, December

15, 2009).

The 2009 Endangerment Findings also

documented, together with the

extensive scientific and technical

evidence in the supporting record, that

climate change touches nearly every

aspect of public welfare 27 in the U.S.

with resulting economic costs,

including: changes in water supply and

quality due to increased frequency of

drought and extreme rainfall events;

increased risk of storm surge and

flooding in coastal areas and land loss

due to inundation; increases in peak

electricity demand and risks to

electricity infrastructure; and the

potential for significant agricultural

disruptions and crop failures (though

27 The CAA states in section 302(h) that ‘‘[a]ll

language referring to effects on welfare includes,

but is not limited to, effects on soils, water, crops,

vegetation, manmade materials, animals, wildlife,

weather, visibility, and climate, damage to and

deterioration of property, and hazards to

transportation, as well as effects on economic

values and on personal comfort and well-being,

whether caused by transformation, conversion, or

combination with other air pollutants.’’ 42 U.S.C.

7602(h).

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16837

offset to some extent by carbon

fertilization). These impacts are also

global and may exacerbate problems

outside the U.S. that raise humanitarian,

trade, and national security issues for

the U.S. (74 FR 66530, December 15,

2009).

In 2016, the Administrator similarly

issued Endangerment and Cause or

Contribute Findings for GHG emissions

from aircraft under section 231(a)(2)(A)

of the CAA (81 FR 54422, August 15,

2016).28 In the 2016 Endangerment

Findings, the Administrator found that

the body of scientific evidence amassed

in the record for the 2009 Endangerment

Findings compellingly supported a

similar endangerment finding under

CAA section 231(a)(2)(A) and also found

that the science assessments released

between the 2009 and the 2016 Findings

‘‘strengthen and further support the

judgment that GHGs in the atmosphere

may reasonably be anticipated to

endanger the public health and welfare

of current and future generations.’’ (81

FR 54424, August 15, 2016).

Since the 2016 Endangerment

Findings, the climate has continued to

change, with new records being set for

several climate indicators such as global

average surface temperatures, GHG

concentrations, and sea level rise.

Moreover, heavy precipitation events

have increased in the eastern U.S. while

agricultural and ecological drought has

increased in the western U.S. along with

more intense and larger wildfires.29

These and other trends are examples of

the risks discussed the 2009 and 2016

Endangerment Findings that have

already been experienced. Additionally,

major scientific assessments continue to

demonstrate advances in our

understanding of the climate system and

the impacts that GHGs have on public

health and welfare both for current and

future generations. These updated

observations and projections document

the rapid rate of current and future

climate change both globally and in the

U.S. These assessments include:

28 In describing these 2016 Findings in this

proposal, the EPA is neither reopening nor

revisiting them.

29 See later in this section of the document for

specific examples. An additional resource for

indicators can be found at https://www.epa.gov/

climate-indicators.

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• U.S. Global Change Research

Program’s (USGCRP) 2016 Climate and

Health Assessment 30 and 2017–2018

Fourth National Climate Assessment

(NCA4) 31 32

• IPCC’s 2018 Global Warming of 1.5

°C,33 2019 Climate Change and Land,34

and the 2019 Ocean and Cryosphere in

a Changing Climate 35 assessments, as

well as the 2023 IPCC Sixth Assessment

Report (AR6).36

• The NAS 2016 Attribution of

Extreme Weather Events in the Context

of Climate Change,37 2017 Valuing

Climate Damages: Updating Estimation

30 USGCRP, 2016: The Impacts of Climate Change

on Human Health in the United States: A Scientific

Assessment. Crimmins, A., J. Balbus, J.L. Gamble,

C.B. Beard, J.E. Bell, D. Dodgen, R.J. Eisen, N. Fann,

M.D. Hawkins, S.C. Herring, L. Jantarasami, D.M.

Mills, S. Saha, M.C. Sarofim, J. Trtanj, and L. Ziska,

Eds. U.S. Global Change Research Program,

Washington, DC, 312 pp.

31 USGCRP, 2017: Climate Science Special

Report: Fourth National Climate Assessment,

Volume I [Wuebbles, D.J., D.W. Fahey, K.A.

Hibbard, D.J. Dokken, B.C. Stewart, and T.K.

Maycock (eds.)]. U.S. Global Change Research

Program, Washington, DC, USA, 470 pp, doi:

10.7930/J0J964J6.

32 USGCRP, 2018: Impacts, Risks, and Adaptation

in the United States: Fourth National Climate

Assessment, Volume II [Reidmiller, D.R., C.W.

Avery, D.R. Easterling, K.E. Kunkel, K.L.M. Lewis,

T.K. Maycock, and B.C. Stewart (eds.)]. U.S. Global

Change Research Program, Washington, DC, USA,

1515 pp. doi:10.7930/NCA4.2018.

33 IPCC, 2018: Global Warming of 1.5 °C. An IPCC

Special Report on the impacts of global warming of

1.5 °C above pre-industrial levels and related global

greenhouse gas emission pathways, in the context

of strengthening the global response to the threat of

climate change, sustainable development, and

efforts to eradicate poverty [Masson-Delmotte, V., P.

Zhai, H.-O. Pörtner, D. Roberts, J. Skea, P.R. Shukla,

A. Pirani, W. Moufouma-Okia, C. Péan, R. Pidcock,

S. Connors, J.B.R. Matthews, Y. Chen, X. Zhou, M.I.

Gomis, E. Lonnoy, T. Maycock, M. Tignor, and T.

Waterfield (eds.)].

34 IPCC, 2019: Climate Change and Land: an IPCC

special report on climate change, desertification,

land degradation, sustainable land management,

food security, and greenhouse gas fluxes in

terrestrial ecosystems [P.R. Shukla, J. Skea, E. Calvo

Buendia, V. Masson-Delmotte, H.-O. Pörtner, D. C.

Roberts, P. Zhai, R. Slade, S. Connors, R. van

Diemen, M. Ferrat, E. Haughey, S. Luz, S. Neogi, M.

Pathak, J. Petzold, J. Portugal Pereira, P. Vyas, E.

Huntley, K. Kissick, M. Belkacemi, J. Malley, (eds.)].

35 IPCC, 2019: IPCC Special Report on the Ocean

and Cryosphere in a Changing Climate [H.-O.

Pörtner, DC Roberts, V. Masson-Delmotte, P. Zhai,

M. Tignor, E. Poloczanska, K. Mintenbeck, A.

Alegrı́a, M. Nicolai, A. Okem, J. Petzold, B. Rama,

N.M. Weyer (eds.)].

36 IPCC, 2023: Summary for Policymakers. In:

Climate Change 2023: Synthesis Report.

Contribution of Working Groups I, II and III to the

Sixth Assessment Report of the Intergovernmental

Panel on Climate Change [Core Writing Team, H.

Lee and J. Romero (eds.)]. IPCC, Geneva,

Switzerland, pp. 1–34, doi:10.59327/IPCC/AR6–

9789291691647.001.

37 National Academies of Sciences, Engineering,

and Medicine. 2016. Attribution of Extreme

Weather Events in the Context of Climate Change.

Washington, DC: The National Academies Press.

https://dio.org/10.17226/21852.

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of the Social Cost of Carbon Dioxide,38

and 2019 Climate Change and

Ecosystems 39 assessments.

• National Oceanic and Atmospheric

Administration’s (NOAA) annual State

of the Climate reports published by the

Bulletin of the American Meteorological

Society,40 most recently in 2022.

• EPA Climate Change and Social

Vulnerability in the United States: A

Focus on Six Impacts (2021).41

The most recent information

demonstrates that the climate is

continuing to change in response to the

human-induced buildup of GHGs in the

atmosphere. These recent assessments

show that atmospheric concentrations of

GHGs have risen to a level that has no

precedent in human history and that

they continue to climb, primarily

because of both historical and current

anthropogenic emissions, and that these

elevated concentrations endanger our

health by affecting our food and water

sources, the air we breathe, the weather

we experience, and our interactions

with the natural and built

environments. For example,

atmospheric concentrations of one of

these GHGs, CO2, measured at Mauna

Loa in Hawaii and at other sites around

the world reached 419 parts per million

(ppm) in 2022 (nearly 50 percent higher

than preindustrial levels) 42 and have

continued to rise at a rapid rate. Global

average temperature has increased by

about 1.1 °C (2.0 °F) in the 2011–2020

decade relative to 1850–1900.43 The

years 2015–2021 were the warmest 7

years in the 1880–2021 record,

contributing to the warmest decade on

record with a decadal temperature of

38 National Academies of Sciences, Engineering,

and Medicine. 2017. Valuing Climate Damages:

Updating Estimation of the Social Cost of Carbon

Dioxide. Washington, DC: The National Academies

Press. https://doi.org/10.17226/24651.

39 National Academies of Sciences, Engineering,

and Medicine. 2019. Climate Change and

Ecosystems. Washington, DC: The National

Academies Press. https://doi.org/10.17226/25504.

40 Blunden, J. and T. Boyer, Eds., 2022: ‘‘State of

the Climate in 2021’’. Bull. Amer. Meteor. Soc., 103

(8), Si–S465, https://doi.org/10.1175/2022BAMS

StateoftheClimate.1.

41 EPA. 2021. Climate Change and Social

Vulnerability in the United States: A Focus on Six

Impacts. U.S. Environmental Protection Agency,

EPA 430–R–21–003.

42 https://gml.noaa.gov/webdata/ccgg/trends/co2/

co2_annmean_mlo.txt.

43 IPCC, 2021: Summary for Policymakers. In:

Climate Change 2021: The Physical Science Basis.

Contribution of Working Group I to the Sixth

Assessment Report of the Intergovernmental Panel

on Climate Change [Masson-Delmotte, V., P. Zhai,

A. Pirani, S.L. Connors, C. Péan, S. Berger, N. Caud,

Y. Chen, L. Goldfarb, M.I. Gomis, M. Huang, K.

Leitzell, E. Lonnoy, J.B.R. Matthews, T.K. Maycock,

T. Waterfield, O. Yelekçi, R. Yu, and B. Zhou

(eds.)]. Cambridge University Press, Cambridge,

United Kingdom and New York, NY, USA, pp. 3–

32, doi:10.1017/9781009157896.001.

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0.82 °C (1.48 °F) above the 20th

century.44 45 The IPCC determined (with

medium confidence) that this past

decade was warmer than any multicentury period in at least the past

100,000 years.46 Global average sea level

has risen by about 8 inches (about 21

centimeters (cm)) from 1901 to 2018,

with the rate from 2006 to 2018 (0.15

inches/year or 3.7 millimeters (mm)/

year) almost twice the rate over the 1971

to 2006 period, and three times the rate

of the 1901 to 2018 period.47 The rate

of sea level rise over the 20th century

was higher than in any other century in

at least the last 2,800 years.48 Higher

CO2 concentrations have led to

acidification of the surface ocean in

recent decades to an extent unusual in

the past 2 million years, with negative

impacts on marine organisms that use

calcium carbonate to build shells or

skeletons.49 Arctic sea ice extent

continues to decline in all months of the

year; the most rapid reductions occur in

September (very likely almost a 13

percent decrease per decade between

1979 and 2018) and are unprecedented

in at least 1,000 years.50 Humaninduced climate change has led to

heatwaves and heavy precipitation

becoming more frequent and more

intense, along with increases in

agricultural and ecological droughts 51

in many regions.52

The assessment literature

demonstrates that modest additional

amounts of warming may lead to a

climate different from anything humans

have ever experienced. The 2022 CO2

concentration of 419 ppm is already

higher than at any time in the last 2

million years.53 If concentrations exceed

450 ppm, they would likely be higher

than any time in the past 23 million

years: 54 at the current rate of increase of

more than 2 ppm a year, this would

44 NOAA National Centers for Environmental

Information, State of the Climate 2021 retrieved on

August 3, 2023, from https://www.ncei.noaa.gov/

bams-state-of-climate.

45 Blunden, et al. 2022.

46 IPCC, 2021.

47 IPCC, 2021.

48 USGCRP, 2018: Impacts, Risks, and Adaptation

in the United States: Fourth National Climate

Assessment, Volume II [Reidmiller, D.R., C.W.

Avery, D.R. Easterling, K.E. Kunkel, K.L.M. Lewis,

T.K. Maycock, and B.C. Stewart (eds.)]. U.S. Global

Change Research Program, Washington, DC, USA,

1515 pp. doi:10.7930/NCA4.2018.

49 IPCC, 2021.

27 IPCC, 2021.

51 These are drought measures based on soil

moisture.

52 IPCC, 2021.

53 Annual Mauna Loa CO concentration data

from https://gml.noaa.gov/webdata/ccgg/trends/

co2/co2_annmean_mlo.txt, accessed September 9,

2023.

54 IPCC, 2013.

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occur in about 15 years. While GHGs are

not the only factor that controls climate,

it is illustrative that 3 million years ago

(the last time CO2 concentrations were

above 400 ppm) Greenland was not yet

completely covered by ice and still

supported forests, while 23 million

years ago (the last time concentrations

were above 450 ppm) the West Antarctic

ice sheet was not yet developed,

indicating the possibility that high GHG

concentrations could lead to a world

that looks very different from today and

from the conditions in which human

civilization has developed. If the

Greenland and Antarctic ice sheets were

to melt substantially, sea levels would

rise dramatically—the IPCC estimated

that over the next 2,000 years, sea level

will rise by 7 to 10 feet even if warming

is limited to 1.5 °C (2.7 °F), from 7 to 20

feet if limited to 2 °C (3.6 °F), and by 60

to 70 feet if warming is allowed to reach

5 °C (9 °F) above preindustrial levels.55

For context, almost all of the city of

Miami is less than 25 feet above sea

level, and the NCA4 stated that 13

million Americans would be at risk of

migration due to 6 feet of sea level rise.

Moreover, the CO2 being absorbed by

the ocean has resulted in changes in

ocean chemistry due to acidification of

a magnitude not seen in 65 million

years,56 putting many marine species—

particularly calcifying species—at risk.

The NCA4 found that it is very likely

(greater than 90 percent likelihood) that

by mid-century, the Arctic Ocean will

be almost entirely free of sea ice by late

summer for the first time in about 2

million years.57 Coral reefs will be at

risk for almost complete (99 percent)

losses with 1 °C (1.8 °F) of additional

warming from today (2 °C or 3.6 °F since

preindustrial). At this temperature,

between 8 and 18 percent of animal,

plant, and insect species could lose over

half of the geographic area with suitable

climate for their survival, and 7 to 10

percent of rangeland livestock would be

projected to be lost.58 The IPCC

similarly found that climate change has

caused substantial damages and

increasingly irreversible losses in

terrestrial, freshwater, and coastal and

open ocean marine ecosystems.

Scientific assessments also

demonstrate that even modest

55 IPCC, 2021.

56 IPCC, 2018.

additional amounts of warming may

lead to a climate different from anything

humans have ever experienced. Every

additional increment of temperature

comes with consequences. For example,

the half degree of warming from 1.5 to

2 °C (0.9 °F of warming from 2.7 °F to

3.6 °F) above preindustrial temperatures

is projected on a global scale to expose

420 million more people to frequent

extreme heatwaves, and 62 million more

people to frequent exceptional

heatwaves (where heatwaves are

defined based on a heat wave magnitude

index which takes into account duration

and intensity—using this index, the

2003 French heat wave that led to

almost 15,000 deaths would be

classified as an ‘‘extreme heatwave’’ and

the 2010 Russian heatwave which led to

thousands of deaths and extensive

wildfires would be classified as

‘‘exceptional’’). It would increase the

frequency of sea-ice-free Arctic

summers from once in 100 years to once

in a decade. It could lead to 4 inches of

additional sea level rise by the end of

the century, exposing an additional 10

million people to risks of inundation as

well as increasing the probability of

triggering instabilities in either the

Greenland or Antarctic ice sheets.

Between half a million and a million

additional square miles of permafrost

would thaw over several centuries.

Risks to food security would increase

from medium-to-high for several lowerincome regions in the Sahel, southern

Africa, the Mediterranean, central

Europe, and the Amazon. In addition to

food security issues, this temperature

increase would have implications for

human health in terms of increasing

ozone concentrations, heatwaves, and

vector-borne diseases (for example,

expanding the range of the mosquitoes

which carry dengue fever, chikungunya,

yellow fever, and the Zika virus, or the

ticks which carry Lyme, babesiosis, or

Rocky Mountain Spotted Fever).59

Moreover, every additional increment in

warming leads to larger changes in

extremes, including the potential for

events unprecedented in the

observational record. Every additional

degree will intensify extreme

precipitation events by about 7 percent.

The peak winds of the most intense

tropical cyclones (hurricanes) are

projected to increase with warming. In

addition to a higher intensity, the IPCC

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57 USGCRP, 2018.

58 IPCC, 2018.

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59 IPCC, 2018.

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found that precipitation and frequency

of rapid intensification of these storms

has already increased, the movement

speed has decreased, and elevated sea

levels have increased coastal flooding,

all of which make these tropical

cyclones more damaging.60

The NCA4 also evaluated a number of

impacts specific to the U.S. Severe

drought and outbreaks of insects like the

mountain pine beetle have killed

hundreds of millions of trees in the

western U.S. Wildfires have burned

more than 3.7 million acres in 14 of the

17 years between 2000 and 2016, and

Federal wildfire suppression costs were

about a billion dollars annually.61 The

National Interagency Fire Center has

documented U.S. wildfires since 1983,

and the 10 years with the largest acreage

burned have all occurred since 2004.62

Wildfire smoke degrades air quality,

increasing health risks, and more

frequent and severe wildfires due to

climate change would further diminish

air quality, increase incidences of

respiratory illness, impair visibility, and

disrupt outdoor activities, sometimes

thousands of miles from the location of

the fire. Meanwhile, sea level rise has

amplified coastal flooding and erosion

impacts, requiring the installation of

costly pump stations, flooding streets,

and increasing storm surge damages.

Tens of billions of dollars of U.S. real

estate could be below sea level by 2050

under some scenarios. Increased

frequency and duration of drought will

reduce agricultural productivity in some

regions, accelerate depletion of water

supplies for irrigation, and expand the

distribution and incidence of pests and

diseases for crops and livestock. The

NCA4 also recognized that climate

change can increase risks to national

security, both through direct impacts on

military infrastructure and by affecting

factors such as food and water

availability that can exacerbate conflict

outside U.S. borders. Droughts, floods,

storm surges, wildfires, and other

extreme events stress nations and

people through loss of life,

displacement of populations, and

impacts on livelihoods.63

60 IPCC, 2021.

61 USGCRP, 2018.

62 NIFC (National Interagency Fire Center). 2021.

Total wildland fires and acres (1983–2020).

Accessed August 2021. www.nifc.gov/fireInfo/

fireInfo_stats_totalFires.html.

63 USGCRP, 2018.

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Federal Register / Vol. 89, No. 47 / Friday, March 8, 2024 / Rules and Regulations

Ongoing EPA modeling efforts can

shed further light on the distribution of

climate change damages expected to

occur within the U.S. Based on methods

from over 30 peer-reviewed climate

change impact studies, the EPA’s

Framework for Evaluating Damages and

Impacts (FrEDI) model has developed

estimates of the relationship between

future temperature changes and

physical and economic climate-driven

damages occurring in specific U.S.

regions for 20 specific impact

categories.64 Recent applications of

FrEDI have advanced the collective

understanding about how future climate

change impacts in these 20 categories

are expected to be substantial and

distributed unevenly across U.S.

regions.65 Using this framework, the

EPA estimates that under a global

emission scenario with no additional

mitigation, relative to a world with no

additional warming since the baseline

period (1986–2005), damages accruing

to these impact categories in the

contiguous U.S. occur mainly through

increased deaths due to increasing

temperatures as well as climate-driven

changes in air quality, transportation

impacts due to coastal flooding resulting

from sea level rise, increased mortality

from wildfire emission exposure and

response costs for fire suppression, and

reduced labor hours worked in outdoor

settings and buildings without air

conditioning. The relative damages from

long-term climate driven changes in

these sectors are also projected to vary

from region to region. For example, of

the impact categories examined in

FrEDI, the largest source of modeled

damages differ from region to region,

with wildfire impacts in the Northwest,

air quality impacts on the East Coast

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64 EPA (2021). Technical Documentation on the

Framework for Evaluating Damages and Impacts

(FrEDI). U.S. Environmental Protection Agency,

EPA 430–R–21–004, available at https://

www.epa.gov/cira/fredi. Documentation has been

subject to both a public review comment period and

an independent expert peer review, following EPA

peer-review guidelines.

65 (1) Sarofim, M.C., Martinich, J., Neumann, J.E.,

et al. (2021). A temperature binning approach for

multi-sector climate impact analysis. Climatic

Change 165. https://doi.org/10.1007/s10584-02103048-6, (2) Supplementary Material for the

Regulatory Impact Analysis for the Supplemental

Proposed Rulemaking, ‘‘Standards of Performance

for New, Reconstructed, and Modified Sources and

Emissions Guidelines for Existing Sources: Oil and

Natural Gas Sector Climate Review,’’ Docket ID No.

EPA–HQ–OAR–2021–0317, September 2022, (3)

The Long-Term Strategy of the United States:

Pathways to Net-Zero Greenhouse Gas Emissions by

2050. Published by the U.S. Department of State

and the U.S. Executive Office of the President,

Washington DC. November 2021, (4) Climate Risk

Exposure: An Assessment of the Federal

Government’s Financial Risks to Climate Change,

White Paper, Office of Management and Budget,

April 2022.

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and the Southwest, labor productivity

impacts in the Midwest, transportation

impacts from high tide flooding in the

Southern Plains, and damages to rail

infrastructure in the Northern Plains.

While the FrEDI framework currently

quantifies damages for 20 impact

categories within the contiguous U.S., it

is important to note that it is still a

preliminary and partial assessment of

climate impacts relevant to U.S.

interests in a number of ways. For

example, the FrEDI framework reflects

some important health damages from

U.S. wildfires (i.e., mortality and

morbidity impacts from wildfire smoke)

and suppression costs, but do not yet

account for other market and nonmarket welfare effects of wildfires (e.g.,

property damage, impacts to ecosystem

services, climate feedback effects from

wildfire CO2 emissions). Similarly,

FrEDI models several types of damages

from SLR (e.g., traffic delays due to

flooded coastal roadways) but do not

reflect others, such as the effect of

groundwater intrusion, business

interruptions, debris removal costs, or

critical infrastructure loss. In addition,

FrEDI does not reflect increased

damages that occur due to climatemediated effects to ecosystem services,

or national security, interactions

between different sectors impacted by

climate change or all the ways in which

physical impacts of climate change

occurring abroad have spillover effects

in different regions of the U.S. See the

FrEDI Technical Documentation 66 for

more details.

Some GHGs also have impacts beyond

those mediated through climate change.

For example, elevated concentrations of

CO2 stimulate plant growth (which can

be positive in the case of beneficial

species, but negative in terms of weeds

and invasive species, and can also lead

to a reduction in plant

micronutrients 67) and cause ocean

acidification. Nitrous oxide depletes the

levels of protective stratospheric

ozone.68

66 EPA (2021). Technical Documentation on the

Framework for Evaluating Damages and Impacts

(FrEDI). U.S. Environmental Protection Agency,

EPA 430–R–21–004, available at https://

www.epa.gov/cira/fredi.

67 Ziska, L., A. Crimmins, A. Auclair, S. DeGrasse,

J.F. Garofalo, A.S. Khan, I. Loladze, A.A. Pérez de

León, A. Showler, J. Thurston, and I. Walls, 2016:

Ch. 7: Food Safety, Nutrition, and Distribution. The

Impacts of Climate Change on Human Health in the

United States: A Scientific Assessment. U.S. Global

Change Research Program, Washington, DC, 189–

216. https://health2016.globalchange.gov/low/

ClimateHealth2016_07_Food_small.pdf.

68 WMO (World Meteorological Organization),

Scientific Assessment of Ozone De

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