[Federal Register Volume 87, Number 115 (Wednesday, June 15, 2022)]
[Proposed Rules]
[Pages 36096-36101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12831]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR -2022-0450, FRL-9927-01-R02]


Approval and Promulgation of Implementation Plans; New York; Oil 
and Natural Gas Control Measures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
state of New York. The revision provides the State's control measures 
for facilities within its borders subject to EPA's 2016 Control 
Techniques Guideline (CTG) for the oil and natural gas industry. The 
intended effect of this action is to approve this

[[Page 36097]]

item into the New York SIP and satisfy the requirement for the CTG. 
This action is being taken in accordance with the requirements of the 
Clean Air Act (CAA).

DATES: Written comments must be received on or before July 15, 2022.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R02-OAR-2022-0450 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Omar Hammad, Environmental Protection 
Agency, 290 Broadway, New York, New York 10007-1866, at (212) 637-3347, 
or by email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
    A. Final Control Techniques Guidelines for the Oil and Natural 
Gas Industry
    B. Finding of Failure To Submit
II. Summary of New York's Submission and EPA's Analysis
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

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

    On October 27, 2016, EPA published in the Federal Register the 
``Final Control Techniques Guidelines for the Oil and Natural Gas 
Industry'' (CTG) (81 FR 74798, October 27, 2016). The CTG provided 
information to state, local, and tribal air agencies to assist them in 
determining reasonably available control technology (RACT) for volatile 
organic compounds (VOC) emissions from select oil and natural gas 
industry emission sources. CAA section 182(b)(2)(A) requires that for 
ozone nonattainment areas classified as Moderate or above, states must 
revise their SIPs to include provisions to implement RACT for each 
category of VOC sources covered by a CTG document. CAA section 
184(b)(1)(B) extends the RACT obligation to all areas of states within 
the Ozone Transport Region (OTR). In addition to New York being 
classified as nonattainment for the 2008 and 2015 ozone standards for 
the New York portion of the New York-Northern New Jersey-Long Island, 
NY-NJ-CT area, New York is a member state of the OTR. States subject to 
RACT requirements are required to adopt controls that are at least as 
stringent as those found within the CTG either via the adoption of 
regulations, or by issuance of single source orders or permits that 
outline what the source is required to do to meet RACT.

B. Finding of Failure To Submit

    On October 29, 2020,\1\ the U.S. Environmental Protection Agency 
(EPA) found that California, Connecticut, New York, Pennsylvania, and 
Texas failed to submit State Implementation Plan (SIP) revisions in a 
timely manner to satisfy the Clean Air Act's reasonably available 
control technology requirements (RACT) associated with EPA's 2016 Oil 
and Natural Gas Industry Control Techniques Guidelines (CTG).
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    \1\ The finding of failure to submit for the oil and natural gas 
CTG was issued for the 2008 NAAQS on November 16, 2020 (85 FR 72963, 
November 16, 2020), with an effective date of December 16, 2020, and 
for the 2015 NAAQS on December 16, 2021 (86 FR 71385, December 16, 
2021), with an effective date of January 18, 2022.
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    These findings of failure to submit established a 24-month deadline 
for EPA to either approve SIPs or finalize Federal Implementation Plans 
(FIPs) that address the CTG in each area or OTR state. This action also 
established timelines for the implementation of two mandatory sanctions 
that will begin if the named states do not submit complete SIPs to 
address the CTG: (1) Eighteen months after the effective date of these 
findings, a 2-to-1 offset ratio for the nonattainment New Source Review 
(NSR) permitting program will go into effect, such that for every unit 
of VOC or nitrogen oxide (NOX) emissions a new or modified 
source will contribute to the nonattainment area or OTR state, two 
units must be reduced; and (2) six months after the date of offset 
sanctions, federal highway funding may be withheld in nonattainment 
areas. For the OTR states, such highway sanctions would apply only in 
nonattainment areas in those states. If the OTR state does not contain 
any nonattainment areas, then the highway sanctions would not apply in 
that state.

II. Summary of New York's Submission and EPA's Analysis

    On March 21, 2022, New York submitted for approval a SIP revision 
to incorporate the adoption of Title 6 of the New York Codes, Rules, 
and Regulations (NYCRR) Part 200, ``General Provisions,'' and Part 203, 
``Oil and Natural Gas Sector,'' as adopted on January 18, 2022.\2\ Part 
200, section 200.9, amends Table 1 to add regulation 203-7.1(a) with a 
Code of Federal Regulations (CFR) citation of ``40 CFR part 60, 
appendix A-7 (July 1, 2017).'' Part 203 sets monitoring, operational, 
and reporting requirements for the oil and natural gas sector 
statewide. The adoption of part 203 is meant to satisfy the 
requirements to implement EPA's 2016 Oil and Natural Gas CTG within the 
2008 and 2015 ozone nonattainment areas and statewide OTR requirements.
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    \2\ The submittal was deemed complete on April 8, 2022, this 
completeness determination stops the 2-1 NSR offset ratio and 
federal highway funding sanction clocks.
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203-1 Applicability

    Part 203 applies to owners and operators of equipment and 
components that are associated with sources in the following oil and 
natural gas sectors: (1) Oil and natural gas production, (2) oil, 
condensate, and produced water separation and storage; (3) natural gas 
storage; (4) natural gas gathering and boosting; (5) natural gas 
transmission and compressor stations; and (6) natural gas metering and 
regulating stations. Part 203 does not apply to distributing gas 
utilities or to equipment and components located downstream of a 
Citygate.
    EPA's 2016 CTG applies to: (1) Storage vessels, such as a tanks or 
other vessels in the oil and natural gas industry that contain an 
accumulation of crude oil, condensate, intermediate hydrocarbon 
liquids, or produced water, and that are constructed primarily of non-
earthen materials (such as wood, concrete, steel, fiberglass, or 
plastic) that provide structural support; (2) compressors, applicable 
to centrifugal and reciprocating compressors in the oil and natural gas 
industry located between the wellhead and point of custody transfer to 
the natural gas transmission and storage segment; (3)

[[Page 36098]]

pneumatic controllers, applicable to natural gas-driven pneumatic 
controllers in the oil and natural gas industry located between the 
wellhead and a natural gas processing plant (including the natural gas 
processing plant) or between the wellhead and the point of custody 
transfer to an oil pipeline; (4) pneumatic pumps, applicable to natural 
gas-driven chemical/methanol and diaphragm pumps located at natural gas 
processing plants and well sites; (5) equipment leaks from natural gas 
processing plants, applicable to the group of all equipment (except 
compressors and sampling connection systems) within a process unit 
located at a natural gas processing plant in VOC service or in wet gas 
service, and any device or system that is used to control VOC emissions 
(e.g., a closed vent system); and (6) fugitive emissions from well 
sites and gathering boosting stations, applicable to the collection of 
fugitive emissions components at well sites with an average production 
of greater than 15 barrel equivalents per well per day (15 barrel 
equivalents) and the collection of fugitive emissions components at 
gathering and boosting stations in the production segment.
    EPA finds that Subpart 203-1 of New York's part 203, ``Oil and 
Natural Gas Sector'' satisfies the applicability requirements of the 
2016 CTG and applies to a wider range than what is required in the 2016 
CTG. Part 203 applies to all wells in New York. The New York State 
Department of Environmental Conservation (NYSDEC) did not adopt an 
exemption for lower-producing wells.

Subparts 203-2, ``Oil and Natural Gas Well Activities,'' 203-3, 
``Natural Gas Gathering Lines,'' 203-4.1, ``Storage Vessels,'' and 203-
4.2, ``Natural Gas Actuated Pneumatic Devices and Pumps''

    Subparts 203-2, 203-3, and 203-4.1 require all storage vessels 
located at oil and natural gas well sites with a potential to emit 
greater than or equal to six tons per year (tpy) of VOC to either have 
a vapor control efficiency of 95 percent if installed prior to 2023, or 
to not vent to the atmosphere if installed after January 1, 2023.
    Subparts 203-2, 203-3, and 203-4.2 require natural gas actuated 
pneumatic devices and pumps located at oil and natural gas well sites, 
gathering and boosting locations and compressor stations to prevent 
venting of natural gas to the atmosphere beginning on January 1, 2023, 
except for devices installed prior to 2023, that may be used provided 
they do not vent natural gas at a rate greater than six standard cubic 
feet per hour (scfh). When the device is idle and not actuating, the 
devices must be clearly marked with a permanent tag that identifies the 
vented emissions rate as less than or equal to six scfh. Devices must 
be tested by January 1, 2024, and then tested annually thereafter, no 
later than 13 months, and no earlier than 11 months from the previous 
test using a direct measurement method (high volume sampling, bagging, 
calibrated flow measuring instrument). Any device with a measured 
emissions flow rate greater than six scfh shall be successfully 
repaired within 14 days from the date of the initial emission flow rate 
measurement. Beginning January 1, 2023, intermittent bleed natural gas 
actuated pneumatic devices shall comply with the leak detection and 
repair (LDAR) requirements specified in Subpart 203-7 when the device 
is idle and not controlling. Beginning January 1, 2023, natural gas 
actuated pneumatic pumps shall not vent natural gas to the atmosphere 
and shall comply with the LDAR requirements specified in Subpart 203-7.
    EPA's 2016 CTG lists various control options, such as routing 
emissions to a process via a vapor recovery unit (VRU) with a 95 
percent efficiency, routing emissions to a combustion device with an at 
least 95 percent efficiency or routing the emissions to a VRU with a 
combustion device as a backup with an assumed 95 percent emission 
reduction. The recommended RACT level of control in the CTG is a 
continuous 95 percent reduction of VOC.
    EPA's 2016 CTG requires each diaphragm pump located at a well site 
capture and route VOC emissions to an existing control device or 
process that is located onsite, unless it is technically infeasible to 
route emissions to the existing control device or process. 95 percent 
control of VOC emissions must be controlled, unless the existing 
control device or process cannot achieve 95 percent control. If the 
existing control device cannot achieve a 95 percent control efficiency, 
the emissions must nevertheless be routed to the existing onsite 
control device to control emissions to the extent achievable. 
Documentation of the percent control that the onsite control device is 
designed to achieve must be maintained. If there is no existing control 
device at the location of the pump, a certification that there is no 
device must be submitted. If a control device is subsequently added to 
the site where the pump is located, then the VOC emissions from the 
pump must be captured and routed to the newly installed control device.
    EPA finds that Subparts 203-2, 203-3, 203-4.1, and 203-4.2 of New 
York's Part 203, ``Oil and Natural Gas Sector'' satisfy, and go beyond 
the storage vessel and pneumatic pump RACT requirements of the 2016 CTG 
by requiring at least a 95 percent emission control efficiency for 
storage vessels installed prior to 2023 and eliminating venting for 
storage vessels installed after January 1, 2023. Similarly, prohibiting 
venting for pneumatic pumps at oil and natural gas wells, gathering and 
boosting locations, and compressor stations installed after January 1, 
2023, and limiting the measured emissions flow rate to six scfh for 
devices installed prior to 2023 satisfy the RACT requirements of the 
2016 CTG.

Subpart 203-4, ``Natural Gas Transmission Pipelines and Compressor 
Stations''

    Subpart 203-4.3 applies to centrifugal natural gas compressors 
located at natural gas transmission compressor stations, and natural 
gas underground storage facilities. This subpart does not apply to 
centrifugal natural gas compressors that operate less than 200 hours 
over a rolling 12-month period. Beginning on January 1, 2023, 
centrifugal compressors with wet seals shall control the wet seal vent 
gas with the use of a vapor collection system as described in Subpart 
203-8 or shall replace the wet seal with a dry seal. Beginning on 
January 1, 2023, components on driver engines and compressors that use 
a wet seal, or a dry seal shall comply with the LDAR requirements 
specified in Subpart 203-7. The compressor wet seal shall be measured 
annually by direct measurement (high volume sampling, bagging, 
calibrated flow measuring instrument) while the compressor is running 
at normal operating temperature in order to determine the wet seal 
emission flow rate. A compressor with a wet seal emission flow rate 
greater than three scfm, or a combined flow rate greater than the 
number of wet seals multiplied by three scfm, shall be successfully 
repaired within 30 days of the initial flow rate measurement.
    Subpart 203-4.4 applies to reciprocating natural gas compressors 
located at natural gas transmission compressor stations, and natural 
gas underground storage facilities. This subpart does not apply to 
reciprocating natural gas compressors that operate fewer than 200 hours 
over a rolling 12-month period. Beginning on January 1, 2023, 
components on driver engines and

[[Page 36099]]

compressors shall comply with the LDAR requirements specified in 
Subpart 203-7, with the exception of the rod-packing components, the 
compressor rod packing, or seal emission flow rate through the rod 
packing, or seal vent stack, which shall be measured annually by direct 
measurement (high volume sampling, bagging, calibrated flow measuring 
instrument) while the compressor is running at normal operating 
temperature. Beginning on January 1, 2023, compressor vent stacks used 
to vent rod packing or seal emissions shall be controlled with the use 
of a vapor collection system as specified in Subpart 203-8. A 
compressor with a rod packing or seal with a measured emission flow 
rate greater than two scfm, or a combined rod packing or seal emission 
flow rate greater than the number of compression cylinders multiplied 
by two scfm, shall be successfully repaired within 30 days from the 
date of the initial emission flow rate measurement.
    Subpart 203-4.5 applies to blowdown activity at compressor stations 
and transmission pipelines greater than 10,000 standard feet cubed 
(scf) and requires notification to the NYSDEC and appropriate local 
authorities of at least 48 hours in advance of a planned blowdown 
event. If any of the information reported prior to the blowdown changed 
during or after the blowdown, another notification to the NYSDEC and 
appropriate local authorities shall be made with the updates no later 
than 48 hours after the end of the planned blowdown. For unplanned 
blowdowns, notification to the NYSDEC and appropriate local authorities 
must be provided within 30 minutes of blowdown, or as soon as it is 
safe to do so.
    Subpart 203-4.6 applies to any Pigging activity along natural gas 
pipelines and requires recording and reporting Pigging activities and 
estimated natural gas loss to the NYSDEC by March 31st of each year for 
the previous calendar year.
    EPA's 2016 CTG requires VOC emissions to be reduced by at least 95 
percent (the recommended RACT level of control) from a centrifugal 
compressor equipped with a wet seal when using a control device or 
other control measure (such as routing to a process). The centrifugal 
compressor should be equipped with a cover that is connected through a 
closed vent system that routes emissions to the control device (or 
process) that meets the RACT level of control. The CTG does not 
recommend that RACT apply to individual centrifugal compressors using 
wet seals located at a well site, or an adjacent well site that 
services more than one well site. The 2016 CTG recommends that each 
reciprocating compressor reduce VOC emissions by replacing the rod 
packing on or before 26,000 hours of operation or 36 months from the 
date of the last rod packing replacement. It also recommends that an 
alternative be provided to allow routing of rod packing emissions to a 
process via a closed vent system under negative pressure in lieu of the 
specified rod packing replacement periods. The CTG does not recommend 
that RACT apply to individual reciprocating compressors located at a 
well site, or an adjacent well site that services more than one well 
site.
    EPA finds that Subpart 203-4 of New York's part 203, ``Oil and 
Natural Gas Sector'' satisfies or goes beyond the requirements of the 
CTG. Subpart 203-4 goes beyond the CTG by requiring the use of vapor 
collection systems and vapor control devices for centrifugal 
compressors equipped with a wet seal, as well as requiring notification 
for any blowdown or Pigging activities. Subpart 203-4 satisfies the CTG 
by requiring reciprocating natural gas compressors to detect leaks and 
repair them and requiring direct annual measurement for the rod packing 
components, the compressor rod packing or seal emission flow rate 
through the rod packing, or seal vent stack.

Subparts 203-5, ``Natural Gas Underground Storage Facilities'' and 203-
6, ``City Gate''

    Subparts 203-5 and 203-6 apply to natural gas underground storage 
facilities and metering and regulating components and require LDAR as 
specified in Subpart 203-7.
    EPA's 2016 CTG applies RACT to equipment leaks from natural gas 
processing plants and recommends that RACT for natural gas processing 
plants be the implementation of an LDAR program equivalent to what is 
required under 40 CFR part 60 subpart VVa for equipment (with the 
exception of compressors and sampling connection systems) in VOC 
service.
    EPA finds that Subparts 203-5 and 203-6 of New York's part 203, 
``Oil and Natural Gas Sector'' satisfy and go beyond, the requirements 
of the 2016 CTG. The NYSDEC requires LDAR, as specified in Subpart 203-
7, in order to monitor for methane (CH4) and VOC.

Subpart 203-7, ``Leak Detection and Repair''

    Subpart 203-7 does not apply to components that are: (1) Buried 
below ground, (2) used to supply compressed air to equipment or 
instrumentation, (3) operating under a negative gauge pressure, or 
below atmospheric pressure, or (4) used for general maintenance for 
fewer than 15 days over a 12-month period if the owner or operator 
maintains for at least five years, and can make available at the 
request of the NYSDEC, a record of the date when the components were 
installed and removed. Subpart 203-7 also does not apply to pneumatic 
devices or pumps that use compressed air or electricity to operate and 
a compressor rod packing, which is subject to annual emission flow rate 
testing as specified in Subpart 203-4.4.
    Subpart 203-7.1 requires all owners and operators to comply by 
either: (1) Opting to comply using EPA Method 21, where fugitive 
emission is defined as an instrument reading of 500 ppm CH4 and VOC, 
500 ppm or greater of CH4 and VOC using a Flame Ionization Detector 
(FID)-based instrument, and if an analyzer other than a FID-based 
instrument is used, a site-specific fugitive emission definition must 
be developed by the owner or operator that would be equivalent to 500 
ppm of CH4 and VOC using a FID-based instrument. Such site-specific 
fugitive emission definition is subject to approval by the NYSDEC; (2) 
using optical gas imaging (OGI) equipment that is capable of imaging 
gases in the spectral range for CH4 and VOC in the potential fugitive 
emissions, and whose calibration and maintenance procedures comply with 
those recommended by the manufacturer; and (3) using alternative 
techniques that are approved by the NYSDEC in lieu of, or in 
combination with, OGI, Method 21, or other previously approved 
alternative methods. A proposed alternative method must be able to 
demonstrate that it is capable of identifying leaks and that it is at 
least as effective as the leak detection methods achieved using Method 
21 or OGI.
    Subpart 203-7.2, ``LDAR Frequency,'' requires that for oil and 
natural gas wells, wellheads, and components subject to Subpart 203-2, 
each well site shall be inspected by OGI, Method 21 or similar approved 
alternative method semiannually, or one time over 24 months if using an 
approved alternative method which offers continuous monitoring. For 
natural gas gathering and boosting components subject to Subpart 203-3, 
each gathering and boosting station shall be inspected by OGI, Method 
21 or similar approved alternative method quarterly, or one time over 
24 months if using an approved alternative method which offers 
continuous monitoring. Natural gas transmission compressor station

[[Page 36100]]

components subject to Subpart 203-4 shall be inspected by OGI, Method 
21, or similar approved alternative method bimonthly, at least 45 days 
apart, or one time over 12 months if using an approved alternative 
method which offers continuous monitoring. Storage facility components 
subject to Subpart 203-5 shall be inspected by OGI, Method 21, or 
similar approved alternative method bimonthly, at least 45 days apart, 
or one time over 12 months if using an approved alternative method 
which offers continuous monitoring. City gate components subject to 
Subpart 203-6 shall be inspected by OGI, Method 21, or similar approved 
alternative method quarterly, or one time over 12 months if using an 
approved alternative method which offers continuous monitoring.
    Subpart 203-7.3 applies to leaks and requires, upon detection of a 
leak from any equipment or component subject to part 203, that the 
owner or operator affix to that component a weatherproof, readily 
visible tag that identifies the date and time of leak detection. The 
owner or operator shall maintain for at least five years, and make 
available upon request by the NYSDEC, a record of leaks identified, and 
shall report to the NYSDEC within 60 days after the re-inspection of 
repaired leaks is complete. Leaks shall be repaired within 30 days of 
identification. Repaired leaks shall be re-inspected using the methods 
specified in subpart 203-7 within 15 days of repair. Critical 
components or critical process units shall be successfully repaired by 
the end of the next process shutdown or within 12 months from the date 
of initial leak detection, whichever is sooner. A delay of repair may 
be granted by the NYSDEC under the following conditions: (1) The owner 
or operator can demonstrate that the parts or equipment required to 
make necessary repairs have been ordered. A delay of repair to obtain 
parts or equipment shall not exceed 30 days, unless the owner or 
operator notifies the NYSDEC to report the delay and provides an 
estimated time by which the repairs will be completed, or (2) a gas 
service utility can provide documentation, in a form suitable to the 
NYSDEC, that a system has been temporarily classified as critical to 
reliable public gas system operation as ordered by the utility's gas 
control office.
    EPA's 2016 CTG applies RACT to equipment leaks from natural gas 
processing plants and recommends that RACT for natural gas processing 
plants be the implementation of an LDAR program equivalent to what is 
required under 40 CFR part 60 subpart VVa for equipment (with the 
exception of compressors and sampling connection systems) in VOC 
service. The subpart VVa leak detection and repair program requires the 
annual monitoring of connectors using an organic vapor analyzer (OVA) 
or toxic vapor analyzer (TVA) (with leaks defined as readings of at 
least 500 ppm), monthly monitoring of valves (where again, leaks are 
defined as readings of at least 500 ppm), and requires open-ended lines 
and pressure relief devices to operate with no detectable emissions 
(defined as emissions of less than 500 ppm above background).
    EPA finds that Subpart 203-7 of New York's part 203, ``Oil and 
Natural Gas Sector'' satisfies and goes beyond the requirements of the 
2016 CTG. The NYSDEC requires LDAR, as specified in Subpart 203-7 in 
order to monitor for CH4 and VOC.

Subpart 203-8, ``Vapor Collection Systems and Vapor Control Devices''

    Beginning on January 1, 2023, Subpart 203-8 applies to equipment 
that must be controlled using a vapor collection system and control 
device pursuant to the requirements specified in Part 203. The vapor 
collection system shall direct the collected vapors to a sales gas 
system, or a fuel gas system. If no sales gas system or fuel gas system 
is available at the facility, the owner or operator must control the 
collected vapors by January 1, 2024. Any vapor control device required 
must achieve at least 95 percent vapor collection control efficiency of 
total emissions and must meet all applicable federal and state 
requirements. Vapor collection systems and control devices may be taken 
out of service for up to 30 days per rolling 12-month period to perform 
maintenance while the facility continues to operate. A time extension 
to perform maintenance not to exceed 14 days per 12-month period may be 
granted by the NYSDEC. If an alternate vapor control device compliant 
with section 203-8.1 is installed prior to conducting maintenance, and 
the vapor collection and control system continues to collect and 
control vapors during the maintenance operation consistent with the 
applicable standards specified in Subpart 203-8, the event does not 
count towards the 30-day limit. Vapor collection system and control 
device shutdowns that result from emergencies are not subject to 
enforcement action, provided the equipment resumes normal operation 
immediately after the emergency.
    EPA's 2016 CTG states that routing emissions to a process via a 
vapor recovery unit (VRU) should have at least a 95 percent efficiency 
rating.
    EPA finds that Subpart 203-8 of New York's part 203, ``Oil and 
Natural Gas Sector'' satisfies and goes beyond the requirements of the 
CTG by requiring vapor recovery and control for a wider range of 
applications in the oil and natural gas industry.

Subpart 203-9, ``Feasibility and Safety''

    Subpart 203-9 states that a repair or replacement may not be 
delayed unless it results in a vented blowdown, a gathering and 
boosting station shutdown, a well shutdown, a well shut-in, or 
rationale for continued operation is submitted to the NYSDEC to be 
later deemed technically infeasible or unsafe by the New York State 
Department of Public Service or other federal or state regulatory 
agency.
    The repair or replacement delay may be extended until the next 
compressor station shutdown, the next gathering and boosting station 
shutdown, well shutdown, well shut-in, the next unscheduled, planned or 
emergency vent blowdown, or within one year.
    EPA's 2016 CTG recommends certain RACT control requirements with 
functional and safety exceptions.
    EPA finds that Subpart 203-9 of New York's part 203, ``Oil and 
Natural Gas Sector'' satisfies the requirements of the 2016 CTG.

Subpart 203-10, ``Reporting and Recordkeeping''

    Subpart 203-10.1 requires baseline reporting and applies to all 
sources as described in Section 203-1. Owners or operators of 
components or processes subject to Subpart 203-10 must submit a report 
to the NYSDEC by March 31, 2023, or by March 31st of the year following 
initiation of operation. The report shall be in a format approved by 
the NYSDEC and shall list the number and type of components, including 
but not limited to the following: (1) Separators, (2) storage vessels, 
(3) compressors, (4) gas drying systems, (5) pneumatic devices, and (6) 
metering and regulating systems.
    Subpart 203-10.2 requires recordkeeping. The recordkeeping 
requirements for reciprocating natural gas compressors are to maintain 
for at least five years the following: (1) A record from the date of 
each rod packing leak concentration measurement found above the minimum 
leak threshold as defined in Section 203-4.4; (2) a record of each rod 
packing emission flow rate measurement from the date of each emissions 
flow rate measurement; (3) a record that documents the date(s) and 
hours of operation a compressor is

[[Page 36101]]

operated in order to demonstrate compliance with the rod packing leak 
concentration or emission flow rate measurement in the event that the 
compressor is not operating during a scheduled inspection; and (4) 
records that provide proof that parts or equipment required to make 
necessary repairs have been ordered and installed.
    Owners or operators of centrifugal natural gas compressors must 
maintain, for at least five years, the following: (1) A record of each 
wet seal emission flow rate measurement from the date of each emissions 
flow rate measurement; (2) a record that documents the date(s) and 
hours of operation a compressor is operated in order to demonstrate 
compliance with the wet seal emission flow rate measurement in the 
event that the compressor is not operating during a scheduled 
inspection; and (3) records that provide proof that parts or equipment 
required to make necessary repairs have been ordered and installed.
    Owners or operators of natural gas actuated pneumatic devices and 
vapor collection system and vapor control devices must maintain, for at 
least five years, the following: (1) A record of the emission flow rate 
measurement; (2) a record of each LDAR inspection; (3) component leak 
and repair documentation from the date of each inspection; (4) records 
that provide proof that parts or equipment required to make necessary 
repairs have been ordered and installed; and (5) gas service utility 
records that demonstrate that a system has been temporarily classified 
as critical to reliable public gas operation throughout the duration of 
the classification period.
    EPA's 2016 CTG recommends that air agencies specify operating, 
recordkeeping, and reporting requirements to document compliance with 
the CTG. When implementing an LDAR program, the CTG recommends that air 
agencies consider including recordkeeping requirements that require 
owners/operators of subject facilities to maintain a list of 
identification numbers for all equipment subject to an equipment leak 
regulation. The CTG appendix includes annual recordkeeping and 
reporting requirements for pneumatic controllers, compressors, 
pneumatic pumps, and fugitive emissions.
    EPA finds that Subpart 203-10 of New York's part 203, ``Oil and 
Natural Gas Sector,'' satisfies the requirements of the 2016 CTG.

III. Proposed Action

    EPA is proposing to approve New York's part 200 ``General 
Provisions'' section 200.9 amendment to Table 1 to add regulation 203-
7.1(a) with a CFR citation of ``40 CFR part 60, appendix A-7 (July 1, 
2017).'' EPA is also proposing to approve part 203, ``Oil and Natural 
Gas Sector'' control measure because it satisfies the 2016 Oil and 
Natural Gas Industry CTG. EPA is soliciting public comments on the 
issues discussed in this notice or on other relevant matters. These 
comments will be considered before taking final action. Interested 
parties may participate in the federal rulemaking procedure by 
submitting written comments to this proposed rule by following the 
instructions listed in the ADDRESSES section of this Federal Register.

IV. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference the adoption of Title 6 of the NYCRR part 203, ``Oil and 
Natural Gas Sector'' of the New York Administrative Code that 
implements New York's RACT regulations for the oil and gas CTG, 
including attendant revisions to 6 NYCRR part 200, ``General 
Provisions,'' section 200.9, Table 1, ``Referenced material,'' as 
described in section II of this preamble.
    The EPA has made, and will continue to make, these materials 
generally available through www.regulations.gov and/or at the EPA 
Region 2 Office (please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section of this preamble for more 
information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 382, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rulemaking action, pertaining to New 
York's oil and gas sector control measures submission, is not approved 
to apply on any Indian reservation land or in any other area where the 
EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. 
In those areas of Indian country, the proposed rule does not have 
tribal implications and will not impose substantial direct costs on 
tribal governments or preempt tribal law as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

Lisa Garcia,
Regional Administrator, Region 2.
[FR Doc. 2022-12831 Filed 6-14-22; 8:45 am]
BILLING CODE 6560-50-P