The US Environmental Protection Agency (EPA) issued an interim final action that extended specific source compliance deadlines in New Source Performance Standards (NSPS) OOOOb and Emissions Guidelines (EG) OOOOc. The agency also extended the deadline for implementing the Super Emitter Program, which aims to facilitate reporting of potential large methane leaks and releases. These extensions went into effect on July 31.
This Delve explains each of the rules affected by the interim final action and what the changes mean for the oil and gas industry.
2024 NSPS OOOOb Extension
The final 2024 NSPS OOOOb rule requires oil and gas owners and operators to reduce greenhouse gas (GHG) and volatile organic compound (VOC) emissions from facilities that have been modified, constructed, or reconstructed since December 6, 2022. It outlines emissions standards, test methods and procedures, and monitoring, reporting, notification, and recordkeeping requirements pertaining to these emissions.
EPA has extended deadlines of specific sources to meet requirements under NSPS OOOOb for control devices, covers and closed vent systems, equipment leaks, process controllers, storage vessels, and flare pilot flames and alarms. Below is a list of the new compliance dates.
EPA extended compliance dates related to net heating value monitoring of flares and enclosed combustion devices (ECDs) in 40 CFR 60.5417b(d)(8)(i) until November 28, 2025.
EPA extended the compliance date to conduct performance tests on ECDs in 40 CFR 60.5413b(b) until January 22, 2027.
Covers and closed vent systems:
EPA extended the compliance date for “no identifiable emissions” inspection requirements until January 22, 2027. Consistent with the requirements of the 2024 NSPS, owners and operators still must design and install a closed vent system and perform initial and ongoing inspections to check that the system has no leaks and repair leaks found within 30 days.
EPA extended the compliance date for equipment leak repair requirements (low-E valves and packing) in 40 CFR 60.5400b(h)(2)(ii) and 60.5401b(i)(2)(ii) until January 22, 2027, or 180 days after startup of the affected source, whichever is later.
EPA extended the compliance date for a limit to be considered legally and practicably enforceable under 40 CFR 60.5365b(e)(2)(i)(A)–(F) until January 22, 2027. In addition, EPA extended the effective date for throughput-based modification triggers and the date by which sources must calculate potential emissions using the 30-day production period.
Flare pilot flame and alarm:
EPA extended the compliance date by which owners and operators who use flares and enclosed combustion devices must (1) ensure that flares and enclosed combustion devices operate with a continuous pilot flame and (2) install and operate a system to send an alarm to the nearest control room when a pilot flame is unlit to January 22, 2027. Owners and operators are still required to ensure that emissions being routed to a flare or enclosed combustion device are reduced by 95 percent.
Super Emitter Program Extension
EPA also extended the date for implementing the Super Emitter Program, which would allow EPA-approved third parties using approved remote-sensing technology to report potential large methane leaks and releases known as “super emitter events.”
The program was developed in response to studies revealing that a small fraction of sources is responsible for nearly half of the methane emissions in the oil and gas industry. Under the program, local regulatory agencies and certified third parties must submit notifications to EPA when they detect super emitter events — emissions of 100 kilograms of methane per hour or greater — at or near an owner’s or operator’s facility.
EPA has extended implementation of the Super Emitter Program to January 22, 2027, as well. Until then, EPA stated that it will not be required to act on applications seeking approval of remote-detection technology under 40 CFR 60.5398b(d)(1)(iii) for use in this program.
2024 Emissions Guidelines (NSPS OOOOc) Extension
States were previously required to submit a plan to EPA for reducing GHG emissions under the 2024 Emissions Guidelines — NSPS OOOOc — by March 9, 2026. This requirement applies to designated facilities that are existing sources on or before December 6, 2022.
NSPS OOOOc directs states and tribes to create emissions plans for all existing designated facilities under their jurisdiction. This subpart requires administrators and protectorates to submit a state or Tribal plan detailing how the state will accomplish emissions reductions equal to or greater than those expected under OOOOb.
EPA extended the deadline for submitting these state plans to January 22, 2027.
What’s Next?
Although the EPA has extended certain deadlines, it may be prudent for oil and gas facilities to take a proactive approach toward compliance. This interim final rule only extends the compliance dates; it does not eliminate applicability to the rule at this time. Many requirements remain unchanged, including those related to fugitive emissions at well sites and compressor stations, as well as requirements for reciprocating compressors, centrifugal compressors, and sweetening units. Other sources, such as process unit affected facilities, may be only partially impacted by the delays but still retain most of the compliance and reporting obligations.
Additionally, several organizations filed a lawsuit challenging the delays, and it’s uncertain if the deadline extensions will remain. Although the extensions are already in effect, EPA is receiving public comment on the changes until September 2. If you’re unsure how these changes may impact your project or operations, Trihydro’s air compliance specialists can help.
