Removal of Affirmative Defense Provisions From the National Emission Standards for Hazardous Air Pollutants for the Oil and Natural Gas Production Facility and Natural Gas Transmission and Storage Facility Source Categories

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Federal RegisterOct 22, 2024
89 Fed. Reg. 84291 (Oct. 22, 2024)
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    Environmental Protection Agency
  • 40 CFR Part 63
  • [EPA-HQ-OAR-2023-0406; FRL-10652-02-OAR]
  • RIN 2060-AV97
  • AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    The EPA is finalizing amendments to the National Emission Standards for Hazardous Air Pollutants for the oil and gas industry issued under the Clean Air Act (CAA). Specifically, the EPA is finalizing removal of the affirmative defense provisions in the National Emission Standards for Hazardous Air Pollutants for both the Oil and Natural Gas Production source category and the Natural Gas Transmission and Storage source category.

    DATES:

    This final rule is effective October 22, 2024.

    ADDRESSES:

    The EPA has established a docket for this rulemaking under Docket ID No. EPA-HQ-OAR-2023-0406. 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 the internet and will be publicly available only as pdf versions that can only be accessed on the EPA computers in the docket office reading room. Certain databases and physical items cannot be downloaded from the docket but may be requested by contacting the docket office at 202-566-1744. The docket office has up to 10 business days to respond to these requests. With the exception of such material, publicly available docket materials are available electronically at https://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Matthew Witosky, 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) 541-2865; email address: witosky.matthew@epa.gov.

    SUPPLEMENTARY INFORMATION:

    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 and Administrative Review

    II. Final Rule Summary

    III. Rationale for the Final Rule

    IV. Response to Comments

    V. Summary of Cost, Environmental, and Economic Impacts

    A. What are the affected sources?

    B. What are the air quality impacts?

    C. What are the cost impacts?

    D. What are the economic impacts?

    E. What are the benefits?

    VI. 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)

    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?

    Categories and entities potentially regulated by this action are shown in table 1 of this preamble.

    Table 1—NESHAP and Industrial Source Categories Affected by This Final Action

    Source category NAICS NAICS code
    Industry 211111 Crude Petroleum and Natural Gas Extraction.
    211112 Natural Gas Liquid Extraction.
    221210 Natural Gas Distribution.
    486110 Pipeline Distribution of Crude Oil.
    486210 Pipeline Transportation of Natural Gas.
    Federal Government Not affected.
    State/Local/Tribal Government Not affected.
    North American Industry Classification System (NAICS).