[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Rules and Regulations]
[Pages 59314-59320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20870]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0416; FRL-9820-02-R9]


Limited Approval, Limited Disapproval of California Air Plan 
Revisions; California Air Resources Board

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is finalizing a 
limited approval and limited disapproval of California Code of 
Regulations, Title 17, Division 3, Chapter 1, Subchapter 10 Climate 
Change, Article 4, Subarticle 13: Greenhouse Gas Emission Standards for 
Crude Oil and Natural Gas Facilities (Oil and Gas Methane Rule) into 
the California State Implementation Plan (SIP). These revisions concern 
emissions of volatile organic compounds (VOCs) from crude oil and 
natural gas facilities. Under the authority of the Clean Air Act (CAA 
or the Act), this action simultaneously approves a state rule that 
regulates these emission sources and identifies deficiencies with the 
rule that must be corrected for the EPA to grant full approval of the 
rule. We are also finalizing disapprovals of the reasonably available 
control technology (RACT) demonstrations for the 2008 and 2015 ozone 
National Ambient Air Quality Standards (NAAQS) for sources covered by 
the EPA's 2016 Control Techniques Guidelines for the Oil and Natural 
Gas Industry (Oil and Gas CTG) for the Sacramento Metropolitan Air 
Quality Management District (SMAQMD), San Joaquin Valley Air Pollution 
Control District (SJVAPCD), South Coast Air Quality Management District 
(SCAQMD), Ventura County Air Pollution Control District (VCAPCD), and 
the Yolo-Solano Air Quality Management District (YSAQMD).

DATES: This rule will be effective on October 31, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket No. EPA-R09-OAR-2022-0416. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available through https://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information. If you need assistance 
in a language other than English or if you are a person with 
disabilities who needs a reasonable accommodation at no cost to you, 
please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4126 or by 
email at [email protected]. Donnique Sherman, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4129 or by 
email at [email protected]. Sina Schwenk-Mueller, EPA Region IX, 
75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4100 or 
by email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action

[[Page 59315]]

IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On May 12, 2022 (87 FR 29103), the EPA proposed a limited approval 
and limited disapproval of the following rule that was submitted for 
incorporation into the California SIP.

----------------------------------------------------------------------------------------------------------------
                   Agency                                 Rule title                  Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
California Air Resources Board.............  California Code of Regulations,          03/23/2017      12/11/2018
                                              Title 17, Division 3, Chapter 1,
                                              Subchapter 10 Climate Change,
                                              Article 4 Subarticle 13:
                                              Greenhouse Gas Emission Standards
                                              for Crude Oil and Natural Gas
                                              Facilities (Oil and Gas Methane
                                              Rule).
----------------------------------------------------------------------------------------------------------------

    The submission also contained a staff report evaluating the Oil and 
Methane Rule against the Federal RACT standard, concluding that the Oil 
and Gas Methane Rule, in combination with applicable SIP-approved local 
air district rules, met the RACT requirement for the 2008 and 2015 
ozone NAAQS for sources covered by the EPA's 2016 Control Techniques 
Guidelines for the Oil and Natural Gas Industry for SMAQMD, SJVAPCD, 
SCAQMD, VCAPCD, and YSAQMD.
    We proposed a limited approval of the Oil and Gas Methane Rule 
because we determined that this rule strengthens the SIP and is largely 
consistent with the relevant CAA requirements. We simultaneously 
proposed a limited disapproval because some rule provisions do not 
comply with the requirements of section 110 and part D of the Act. In 
addition, we proposed a disapproval of the RACT demonstrations for the 
2008 and 2015 ozone NAAQS for sources covered by the Oil and Gas CTG 
for SMAQMD, SJVAPCD, SCAQMD, VCAPCD, and YSAQMD.
    The provisions identified in our proposed limited disapproval of 
the Oil and Gas Methane Rule include the following:

Reoccurring Deficiencies

    1. Subsections 95668(a)(2)(C), 95669(b)(1), and 95670(a)(1) include 
insufficiently specific exemptions for storage tanks or components 
``approved for use by a local air district'' or ``subject to a local 
air district requirement.''
    2. Subsections 95668(a), 95668(b)(4), and 95671 do not contain a 
requirement for initial and continuous compliance demonstration and do 
not specify test methods or reporting requirements.
    3. The Rule provides exemptions from the vapor control requirements 
of the Rule for low use compressors in subsections 95668(c)(2)(A) and 
95668(d)(2)(A) that has not been demonstrated to implement RACT.
    4. In subsections 95668(c)(4)(F) and 95668(d)(9) the Rule 
potentially allows a leak to go unrepaired for an additional year after 
being identified.
    5. Subsections 95668(c)(4)(B), 95668(d)(4), and 95668(g)(1) do not 
specify test methods or a calculation methodology for determining flow 
rate.
    6. Subsections of 95668: (c)(3)(D)(1)(a), (c)(4)(D)(1)(a), 
(d)(6)(A)(1) and Subsections of 95669: (h)(4)(A)(1) and (i)(5)(A)(1) 
provide for an open ended, and potentially indefinite period during 
which a leak could remain unrepaired.

Rule Deficiencies by Section

95668 Standards

    7. According to the 2016 Oil and Natural Gas CTG, storage vessels 
with a potential to emit at or greater than 6 tons per year (tpy) VOC 
are required to implement RACT-level control. It is not clear whether 
the Rule captures all storage vessels at oil and gas facilities that 
meet or exceed the CTG Potential to Emit (PTE) threshold because the 
Oil and Gas Methane Rule only requires evaluation of the separator and 
first tank connected to the separator, to determine if they fall above 
or below the 10 tpy methane emissions applicability threshold.
    8. Subsection (a)(2)(A) exempts separator and tank systems that 
receive an average of less than 50 barrels of crude oil or condensate 
per day from the Oil and Gas Methane Rule's flash testing and vapor 
control requirements for storage vessels. By using the word ``or,'' 
this exemption potentially exempts tanks that receive a minor amount of 
either crude oil or condensate, but a significant quantity of the other 
organic liquid.
    9. Subsections (a)(3) and (a)(4) require existing and new tanks 
that are not equipped with vapor collection systems (VCS) to comply 
with specified requirements for flash testing. The Oil and Gas Methane 
Rule requires tanks with emissions greater than 10 tpy of methane to 
meet specified vapor control requirements. The Oil and Gas Methane Rule 
does not specify requirements for how tanks equipped with vapor control 
determine their emissions to assess whether they must meet RACT-level 
control requirements.
    10. Subsection (b)(4) includes an exemption for when the California 
Air Resources Board (CARB) Executive Officer makes a determination that 
controlling emissions is not possible. This provides insufficiently 
bounded director's discretion, and is not an exemption included in the 
CTG.
    11. Subsections (c)(3)(B) and (c)(4)(B)(3) contain the term 
``inspection period.'' The term is not defined.

95669 Leak Detection and Repair

    12. Subsection (b)(7) includes an exemption that is not included in 
the CTG for one-half inch and smaller stainless steel tube fittings 
used to supply natural gas to equipment or instrumentation.
    13. Subsection (i)(1) requires leaks of 1,000-9,999 parts per 
million (ppm) be repaired in 14 days, but the CTG recommends that 
within 5 days of the detected leak an attempt at repair be made.
    14. The CTG contains a requirement to maintain a list of 
identification numbers for all the equipment subject to leak 
regulation. Subsection 95669 does not contain a similar requirement.
    15. The CTG contains a requirement to maintain a list of equipment 
that is designated as ``unsafe to monitor.'' Subsection 95669 does not 
contain a similar requirement.

95671 Vapor Collection Systems and Vapor Control Devices

    16. Subsection (f) allows VCS to be taken out of service for up to 
30 calendar days per year while maintenance is performed. The State has 
not justified that a smaller amount of time, or less frequent interval 
is not reasonably available. Moreover, this maintenance requirement is 
not bounded by requirements specifying the necessity of taking the 
system out of service and minimizing the outage time.

95672 Record Keeping Requirements

    17. Subsection 95672 does not contain specification on what type of 
records need to be kept.

Appendix C Test Procedure for Determining Annual Flash Emission Rate of 
Gaseous Compounds From Crude Oil, Condensate, and Produced Water

    18. The flash emission test procedure established in Appendix C 
relies upon

[[Page 59316]]

several test methods that have not been approved by the EPA. In 
addition, paragraph 13 of Appendix C indicates that alternative test 
procedures, sampling methods, or laboratory methods may be used if 
written permission is obtained from CARB. This constitutes unapprovable 
director's discretion.
    In addition to the deficiencies identified in the CARB Oil and Gas 
Methane Rule, the following deficiencies, organized by California 
District Rule, serve as additional bases for disapproval of the RACT 
demonstrations that the CARB Oil and Gas Methane Rule along with the 
associated California District Rules meet RACT for sources covered by 
the 2016 Oil and Gas CTG in the associated districts.

Sacramento Metropolitan AQMD

Rule 446: Storage of Petroleum Products

    A. The State has not demonstrated that Rule 446 will capture all 
storage vessels at oil and gas facilities that meet or exceed the CTG 
PTE threshold because the applicability of Rule 446 is based on vapor 
pressure of the liquid stored and the CTG applicability is based on a 
PTE threshold.
    B. The definition of ``gas tight'' in section 202 of Rule 446 is 
much higher than the 500 ppm threshold used in the CTG and other 
California district rules and does not represent RACT.
    C. Rule 446 does not contain initial or continuous testing 
requirements to demonstrate compliance with the vapor control 
efficiency requirements. While Rule 446 does require inspections, it 
does not require recordkeeping of these inspections.

South Coast AQMD

Rule 463: Organic Liquid Storage and Rule 1178: Further Reductions of 
VOC Emissions From Storage Tanks at Petroleum Facilities

    D. The State has not demonstrated that Rules 463 and 1178 will 
capture all storage vessels at oil and gas facilities that meet or 
exceed the CTG PTE threshold because the applicability of Rules 463 and 
1178 is based on a tank's volumetric capacity and the CTG applicability 
is based on a PTE threshold.

San Joaquin Valley APCD

Rule 4623: Storage of Organic Liquids

    E. The State has not demonstrated that Rule 4623 will capture all 
storage vessels at oil and gas facilities that meet or exceed the CTG 
PTE threshold because the applicability of Rule 4623 is based on a 
tank's volumetric capacity and the CTG applicability is based on a PTE 
threshold.

Rule 4401: Steam-Enhanced Crude Oil Production Wells

    F. Rule 4401 does not require controls that are reasonably 
available because the leak inspection requirements in Rule 4401 are 
less stringent than the CTG and other comparable California district 
rules.

Ventura County APCD

Rule 71.1: Crude Oil Production and Separation and Rule 71.2 Storage of 
Reactive Organic Compound Liquids

    G. The State has not demonstrated that Rules 71.1 and 71.2 will 
capture all storage vessels at oil and gas facilities that meet or 
exceed the CTG PTE threshold because the applicability of Rules 71.1 
and 71.2 is based on the vapor pressure of the liquid stored and a 
tank's volumetric capacity, while the CTG applicability is based on a 
PTE threshold.
    H. Rule 71.1 does not contain inspection or initial compliance 
determination requirements.

Yolo Solano AQMD

Rule 2.21: Organic Liquid Storage and Transfer

    I. The State has not demonstrated that Rule 2.21 will capture all 
storage vessels at oil and gas facilities that meet or exceed the CTG 
PTE threshold because the applicability of Rule 2.21 is based on vapor 
pressure of the liquid stored and a tank's volumetric capacity, while 
the CTG applicability is based on a PTE threshold.
    Our proposed action and technical support document (TSD) contain 
more information on the basis for this rulemaking and on our evaluation 
of the submittal.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During the comment period we received one comment submitted by 
Earthjustice on behalf of the Center for Biological Diversity, Central 
California Asthma Collaborative, Central Valley Air Quality Coalition, 
Clean Water Action, Earthjustice, Little Manila Rising, Mi Familia 
Vota, and Sierra Club (Kern-Kaweah Chapter) (collectively, the ``Valley 
Coalition''). The comment and our response are summarized below.
    Comment: The Valley Coalition comment addresses ``what appears to 
be a systematic failure to control significant leaks of volatile 
organic compounds (VOCs) from oil and gas wells in neighborhoods in 
Bakersfield, California.'' The commenters state that the leaks may fall 
within loopholes in the Oil and Gas Methane Rule, and related local air 
district rules. They claim that such loopholes would preclude a finding 
that the State is implementing RACT.
    The Valley Coalition writes that at least 30 idle wells in and 
nearby to Bakersfield neighborhoods are leaking methane, with many 
wells near homes, and leaking methane at volumes that would make the 
air near the escaping gas explosive. The comment describes the 
discovery of the leaks, and states that two wells were hissing audibly 
within a few hundred feet of homes, and that concentrations near other 
wells exceeded 50,000 parts per million.
    The Valley Coalition asserts that the leaks are undoubtedly also 
sources of VOCs and that ``EPA therefore must assume these leaks are 
significant sources of VOCs.'' The commenters state that there are 
approximately 38,000 idle wells in California and cite a study that, 
according to the commenters, suggests that idle well leaks are 
widespread.
    The commenters encourage the EPA to learn about where the leaks 
fall within the regulatory scheme, and then require state and local air 
districts to remedy any loopholes or inadequacies that may allow such 
leaks. Commenters assert that ``[s]uch remediation plainly falls within 
the scope of the requirement in section 182(b)(2) of the Clean Air Act 
that the State implement RACT.''
    The Valley Coalition also writes: ``Specifically, it appears that 
if a well within the jurisdiction of the San Joaquin Valley Unified Air 
Pollution Control District is used for oil with an American Petroleum 
Institute (API) gravity below 20 and is not steam-enhanced, that well 
is exempt from leak detection and repair (LDAR) requirements under the 
Oil and Gas Methane Rule and the San Joaquin Valley Air District's 
relevant local rules. The Oil and Gas Methane Rule itself, in Cal. Code 
Regs., title 17, section 95669(b)(2), exempts `components found on 
tanks, separators, wells, and pressure vessels [ ] used exclusively for 
crude oil with an API gravity less than 20 averaged on an annual 
basis.' San Joaquin Valley Rule 4401--which regulates VOC emissions 
from steam-enhanced crude oil production wells--applies only to 
components at wells that are steam-enhanced. And San Joaquin Valley 
Rule 4409--which regulates VOC emissions from leaking components at 
light crude oil production facilities, natural gas production 
facilities, and natural gas processing facilities--does

[[Page 59317]]

not apply to facilities used for oil with an API gravity below 30 
degrees.''
    The commenters write that it appears that the Bakersfield wells, 
and potentially the majority of wells in California, fall within these 
exemptions. The Valley Coalition states that the Bakersfield wells at 
issue were not involved in steam injection, and that oil from two of 
the fields at issue had API gravities of 15.3 and 19.2. They note that 
in 2018, 68% of California's crude oil production was heavy (that is, 
with an API gravity between 10 and 22.3). Consequently, the commenters 
claim, exemptions for equipment with an API gravity below 20 ``could 
allow a vast proportion of California's oil production to escape LDAR 
requirements.''
    The Valley Coalition writes that other loopholes and exemptions may 
exist and encourages the EPA to identify and close any such loopholes 
and inadequacies.
    Response: With respect to the commenters' concerns regarding 
leaking wells, the EPA agrees that if wells are leaking methane, they 
are likely to also leak VOCs. As a result, leaking wells might 
implicate the RACT requirement. We note, however, that this rulemaking 
evaluates California's Oil and Gas Methane Rule submittal with respect 
to a specific part of section 182(b)(2)'s RACT requirement. Section 
182(b)(2) obligates states with nonattainment areas that are classified 
as Moderate or above to submit SIP revisions that require the 
implementation of RACT in these areas with respect to two distinct 
categories of VOC sources: sections 182(b)(2)(A) and (B) govern VOC 
sources covered by a CTG, whereas section 182(b)(2)(C) relates to major 
stationary sources of VOCs (i.e., ``non-CTG major sources''). As 
explained in our proposed action, California submitted the Oil and Gas 
Methane Rule for the purpose of satisfying the RACT requirements for 
the first category, i.e., VOC sources covered by a CTG (namely, the 
EPA's 2016 Oil and Gas CTG). Therefore, this rulemaking evaluates 
California's submissions with respect to CAA section 182(b)(2)(A) and 
the provisions of the 2016 Oil and Gas CTG and does not evaluate the 
submissions with respect to section 182(b)(2)(C) and non-CTG major 
sources in Moderate and above nonattainment areas.
    The above point regarding the scope of this rulemaking is important 
because idle wells are not within the scope of the EPA's 2016 Oil and 
Gas CTG. Section 9.1 of the 2016 Oil and Gas CTG provides: ``[f]or 
purposes of this CTG, the emissions and programs to control emissions 
discussed herein would apply to the collection of fugitive emissions 
components at well sites with an average production of greater than 15 
barrel equivalents per well per day.'' The CTG further explains that 
``[f]or the purposes of this CTG, fugitive emission reduction 
recommendations would not apply to well sites that only contain 
wellheads.'' \1\ We further note that no other CTGs apply to emissions 
from idle wells. As a result, the commenters' concerns regarding idle 
wells relate to emissions from sources not covered by the CTG (i.e., 
well sites with average production less than or equal to 15 barrel 
equivalents per day) and are therefore beyond the scope of this 
rulemaking.\2\
---------------------------------------------------------------------------

    \1\ 2016 Oil and Gas CTG, 9-1.
    \2\ The EPA notes that the Biden Administration recently awarded 
$560 million to plug orphaned oil and gas wells across 24 states, 
including California. See U.S. Department of the Interior Press 
Release ``Through President Biden's Bipartisan Infrastructure Law, 
24 States Set to Begin Plugging Over 10,000 Orphaned Wells'' August 
25, 2022, https://www.doi.gov/pressreleases/through-president-bidens-bipartisan-infrastructure-law-24-states-set-begin-plugging.
---------------------------------------------------------------------------

    Although the Valley Coalition comment focuses on idle wells, the 
comment also identifies specific exemptions that the commenters suggest 
may constitute loopholes or inadequacies in the regulatory scheme that 
could allow a large number of wells in California to escape LDAR 
requirements. To the extent that these exemptions may represent an 
inadequacy in the regulation of non-idle wells that are covered by the 
CTG, the validity of these exemptions is within the scope of the 
present rulemaking.
    The commenters raise the following exemptions as potential 
loopholes in the regulatory scheme:
    (1) CARB Oil and Gas rule section 95669(b)(2), exemption for 
``components found on tanks, separators, wells, and pressure vessels [ 
] used exclusively for crude oil with an API gravity less than 20 
averaged on an annual basis.''
    (2) San Joaquin Valley Rule 4401, which regulates VOC emissions 
from steam-enhanced crude oil production wells. applies only to 
components at wells that are steam-enhanced.
    (3) San Joaquin Valley Rule 4409, which regulates VOC emissions 
from leaking components at light crude oil production facilities, 
natural gas production facilities, and natural gas processing 
facilities, does not apply to facilities used for oil with an API 
gravity below 30 degrees.
    The commenters assert that this combination of regulations exempts 
from LDAR requirements wells in the San Joaquin Valley that are not 
steam-enhanced and that produce oil from fields with an API gravity 
below 20 degrees.
    The exemption found in section 95669(b)(2) is not found in the CTG; 
the CTG does not provide for an exemption for wells based on API 
gravity or volatility of the oil in the produced field. Although a 
state may provide for an exemption for sources that are not exempted in 
the CTG, if it chooses to do so it must provide an analysis of why the 
exemption is consistent with the RACT requirement. The State has not 
done so here.\3\ Although some of the active wells producing oil from 
fields with API gravity less than 20 degrees are regulated by SIP-
approved local district rules, the submission does not analyze the 
impacts of this exemption or show how it is consistent with the section 
182(b)(2) RACT requirement.
---------------------------------------------------------------------------

    \3\ In its submission, the State indicated that components 
associated with heavy oil emit less total hydrocarbons than 
components found in gas or other liquid service. CARB Staff Report: 
Initial Statement of Reasons, Date of Release: May 31, 2016, 55. The 
fact that these wells emit less per well is not, on its own, 
sufficient to justify the exemption.
---------------------------------------------------------------------------

    Based on the submission before us, the scope of the exemption from 
LDAR requirements is unclear in terms of number of wells and associated 
emissions. Similarly, the submission does not address the cost of 
potential monitoring and control options. As a result, the EPA agrees 
that CARB's submission does not sufficiently demonstrate that RACT is 
in place for wells that are subject to the section 95669(b)(2) 
exemption. We recognize that, given the low volatility of the oil in 
such fields, the State may have valid reasons for exempting such 
components. Analyses demonstrating that controls are not cost 
effective, or that emissions are minimal may, in some instances, 
satisfy the RACT requirement. However, no such analysis was included 
with the submission of the Oil and Gas Methane Rule.
    Therefore, in addition to the grounds for disapproval that we 
identified in our notice of proposed rulemaking, we are also 
disapproving the CTG RACT demonstrations for the relevant districts 
based on the inclusion of an exemption for production from fields with 
API gravity below 20 degrees, that has not been justified as RACT.

III. EPA Action

    No comments were submitted that change our proposed simultaneous 
limited approval and limited disapproval of the rule or our disapproval 
of the RACT demonstrations for the 2008 and 2015 ozone National Ambient 
Air Quality

[[Page 59318]]

Standards (NAAQS) for sources covered by the EPA's 2016 Control 
Techniques Guidelines for the Oil and Natural Gas Industry (Oil and Gas 
CTG) for the SMAQMD, SJVAPCD, SCAQMD, VCAPCD, and the YSAQMD. As noted 
in Section II of this rule, in addition to the deficiencies listed in 
the TSD, and summarized in Section I above, subsection 95669(b)(2) 
includes an exemption for components used for crude oil with an API 
Gravity less than 20 that is not in the CTG, that the State has not 
justified as meeting the RACT requirement.
    Because the rule strengthens the SIP and is largely consistent with 
the relevant CAA requirements, the EPA is finalizing a limited approval 
of the submitted rule, as authorized in sections 110(k)(3) and 301(a) 
of the Act. This action incorporates the submitted rule into the 
California SIP, including those provisions identified as deficient. Due 
to the deficiencies enumerated above, the EPA is simultaneously 
finalizing a limited disapproval of the rule as authorized under 
sections 110(k)(3) and 301(a).
    As a result, the EPA must promulgate a Federal implementation plan 
(FIP) under section 110(c) unless we approve subsequent SIP revisions 
that correct the rule deficiencies within 24 months. In addition, the 
offset sanction in CAA section 179(b)(2) will be imposed 18 months 
after the effective date of this action, and the highway funding 
sanction in CAA section 179(b)(1) will be imposed six months after the 
offset sanction. A sanction will not be imposed if the EPA determines 
that a subsequent SIP submission corrects the identified deficiencies 
before the applicable deadline.
    Note that the submitted rule has been adopted by CARB, and the 
EPA's final limited disapproval does not prevent CARB from enforcing 
it. The limited disapproval also does not prevent any portion of the 
rules from being incorporated by reference into the federally 
enforceable SIP as discussed in a July 9, 1992 EPA memo found at: 
https://www.epa.gov/sites/production/files/2015-07/documents/procsip.pdf.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of 
California Code of Regulations, Title 17, Division 3, Chapter 1, 
Subchapter 10 Climate Change, Article 4 Subarticle 13: Greenhouse Gas 
Emission Standards for Crude Oil and Natural Gas Facilities as 
described in Section I of this preamble and set forth in the amendments 
to 40 CFR part 52 below. Therefore, these materials have been approved 
by EPA for inclusion in the SIP, have been incorporated by reference by 
EPA into that plan, are fully federally enforceable under sections 110 
and 113 of the CAA as of the effective date of this final rulemaking, 
and will be incorporated by reference in the next update to the SIP 
compilation.\4\ The EPA has made, and will continue to make, these 
documents available through www.regulations.gov and at the EPA Region 
IX Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information).
---------------------------------------------------------------------------

    \4\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because this action does not impose additional requirements 
beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities beyond those 
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
State, local, or tribal governments, or to the private sector, will 
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the National Government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because the SIP 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, and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive order. This action is not subject to 
Executive Order 13045 because it does not impose additional 
requirements beyond those imposed by state law.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The state did not evaluate environmental justice considerations as 
part of its SIP submittal. There is no information in the record 
inconsistent with the stated goals of E.O. 12898 of

[[Page 59319]]

achieving environmental justice for people of color, low-income 
populations, and indigenous peoples.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

L. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 29, 2022. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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

    Dated: September 21, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.220a is amended by adding at the end of table 1 to 
paragraph (c) an undesignated center heading and entries ``95665'' 
through ``95677,'' ``Appendix A,'' ``Appendix B,'' and ``Appendix C'' 
to read as follows:


Sec.  52.220a  Identification of plan--in part.

* * * * *
    (c) * * *

                            Table 1--EPA-Approved Statutes and State Regulations \1\
----------------------------------------------------------------------------------------------------------------
                                                         State                                   Additional
       State citation            Title/subject      effective date    EPA approval date         explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * *
  Title 17 (Public Health), Division 3 (Air Resources), Chapter 1 (Air Resources Board); Subchapter 10 (Climate
  Change); Article 4 (Regulations to Achieve Greenhouse Gas Emission Reductions); Subarticle 13 (Greenhouse Gas
                          Emission Standards for Crude Oil and Natural Gas Facilities).
----------------------------------------------------------------------------------------------------------------
95665......................  Purpose and Scope....       3/23/2017  [INSERT Federal        Submitted on December
                                                                     Register CITATION],    11, 2018 as an
                                                                     9/30/2022.             attachment to a
                                                                                            letter dated
                                                                                            December 4, 2018.
95666......................  Applicability........       3/23/2017  [INSERT Federal        Submitted on December
                                                                     Register CITATION],    11, 2018 as an
                                                                     9/30/2022.             attachment to a
                                                                                            letter dated
                                                                                            December 4, 2018.
95667......................  Definitions..........       3/23/2017  [INSERT Federal        Submitted on December
                                                                     Register CITATION],    11, 2018 as an
                                                                     9/30/2022.             attachment to a
                                                                                            letter dated
                                                                                            December 4, 2018.
95668......................  Standards............       3/23/2017  [INSERT Federal        Submitted on December
                                                                     Register CITATION],    11, 2018 as an
                                                                     9/30/2022.             attachment to a
                                                                                            letter dated
                                                                                            December 4, 2018.
95669......................  Leak Detection and          3/23/2017  [INSERT Federal        Submitted on December
                              Repair.                                Register CITATION],    11, 2018 as an
                                                                     9/30/2022.             attachment to a
                                                                                            letter dated
                                                                                            December 4, 2018.
95670......................  Critical Components..       3/23/2017  [INSERT Federal        Submitted on December
                                                                     Register CITATION],    11, 2018 as an
                                                                     9/30/2022.             attachment to a
                                                                                            letter dated
                                                                                            December 4, 2018.
95671......................  Vapor Collection            3/23/2017  [INSERT Federal        Submitted on December
                              Systems and Vapor                      Register CITATION],    11, 2018 as an
                              Control Devices.                       9/30/2022.             attachment to a
                                                                                            letter dated
                                                                                            December 4, 2018.
95672......................  Record Keeping              3/23/2017  [INSERT Federal        Submitted on December
                              Requirements.                          Register CITATION],    11, 2018 as an
                                                                     9/30/2022.             attachment to a
                                                                                            letter dated
                                                                                            December 4, 2018.
95673......................  Reporting                   3/23/2017  [INSERT Federal        Submitted on December
                              Requirements.                          Register CITATION],    11, 2018 as an
                                                                     9/30/2022.             attachment to a
                                                                                            letter dated
                                                                                            December 4, 2018.
95674......................  Implementation.......       3/23/2017  [INSERT Federal        Submitted on December
                                                                     Register CITATION],    11, 2018 as an
                                                                     9/30/2022.             attachment to a
                                                                                            letter dated
                                                                                            December 4, 2018.
95675......................  Enforcement..........       3/23/2017  [INSERT Federal        Submitted on December
                                                                     Register CITATION],    11, 2018 as an
                                                                     9/30/2022.             attachment to a
                                                                                            letter dated
                                                                                            December 4, 2018.
95676......................  No Preemption of More       3/23/2017  [INSERT Federal        Submitted on December
                              Stringent Air                          Register CITATION],    11, 2018 as an
                              District or Federal                    9/30/2022.             attachment to a
                              Requirements.                                                 letter dated
                                                                                            December 4, 2018.
95677......................  Severability.........       3/23/2017  [INSERT Federal        Submitted on December
                                                                     Register CITATION],    11, 2018 as an
                                                                     9/30/2022.             attachment to a
                                                                                            letter dated
                                                                                            December 4, 2018.

[[Page 59320]]

 
Appendix A.................  Record Keeping and          3/23/2017  [INSERT Federal        Submitted on December
                              Reporting Forms.                       Register CITATION],    11, 2018 as an
                                                                     9/30/2022.             attachment to a
                                                                                            letter dated
                                                                                            December 4, 2018.
Appendix B.................  Calculation for             3/23/2017  [INSERT Federal        Submitted on December
                              Determining Vented                     Register CITATION],    11, 2018 as an
                              Natural Gas Volume                     9/30/2022.             attachment to a
                              from Liquids                                                  letter dated
                              Unloading of Natural                                          December 4, 2018.
                              Gas Wells.
Appendix C.................  Test Procedure for          3/23/2017  [INSERT Federal        Submitted on December
                              Determining Annual                     Register CITATION],    11, 2018 as an
                              Flash Emission Rate                    9/30/2022.             attachment to a
                              of Gaseous Compounds                                          letter dated
                              from Crude Oil,                                               December 4, 2018.
                              Condensate, and
                              Produced Water.
----------------------------------------------------------------------------------------------------------------
\1\ Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable
  SIP. Table 2 of paragraph (c) lists approved California test procedures, test methods and specifications that
  are cited in certain regulations listed in Table 1. Approved California statutes that are nonregulatory or
  quasi-regulatory are listed in paragraph (e).

* * * * *

0
3. Section 52.237 is amended by adding paragraphs (b)(1)(ii) and (b)(3) 
through (6) to read as follows:


Sec.  52.237  Part D disapproval.

* * * * *
    (b) * * *
    (1) * * *
    (ii) RACT Determinations for the source category Control Techniques 
Guidelines for the Oil and Natural Gas Industry (EPA-453/B-16-001) for 
the 2008 and 2015 ozone NAAQS, as contained in the submittal titled 
``California Greenhouse Gas Emission Standards for Crude Oil and 
Natural Gas Facilities,'' dated December 4, 2018, as adopted March 23, 
2017 and submitted on December 11, 2018.
* * * * *
    (3) San Joaquin Valley Air Pollution Control District.
    (i) RACT Determinations for the source category Control Techniques 
Guidelines for the Oil and Natural Gas Industry (EPA-453/B-16-001) for 
the 2008 and 2015 ozone NAAQS, as contained in the submittal titled 
``California Greenhouse Gas Emission Standards for Crude Oil and 
Natural Gas Facilities,'' dated December 4, 2018, as adopted March 23, 
2017 and submitted on December 11, 2018.
    (ii) [Reserved]
    (4) South Coast Air Quality Management District.
    (i) RACT Determinations for the source category Control Techniques 
Guidelines for the Oil and Natural Gas Industry (EPA-453/B-16-001) for 
the 2008 and 2015 ozone NAAQS, as contained in the submittal titled 
``California Greenhouse Gas Emission Standards for Crude Oil and 
Natural Gas Facilities,'' dated December 4, 2018, as adopted March 23, 
2017 and submitted on December 11, 2018.
    (ii) [Reserved]
    (5) Ventura County Air Pollution Control District.
    (i) RACT Determinations for the source category Control Techniques 
Guidelines for the Oil and Natural Gas Industry (EPA-453/B-16-001) for 
the 2008 and 2015 ozone NAAQS, as contained in the submittal titled 
``California Greenhouse Gas Emission Standards for Crude Oil and 
Natural Gas Facilities,'' dated December 4, 2018, as adopted March 23, 
2017 and submitted on December 11, 2018.
    (ii) [Reserved]
    (6) Yolo-Solano Air Quality Management District.
    (i) RACT Determinations for the source category Control Techniques 
Guidelines for the Oil and Natural Gas Industry (EPA-453/B-16-001) for 
the 2008 and 2015 ozone NAAQS, as contained in the submittal titled 
``California Greenhouse Gas Emission Standards for Crude Oil and 
Natural Gas Facilities,'' dated December 4, 2018, as adopted March 23, 
2017 and submitted on December 11, 2018.
    (ii) [Reserved]
[FR Doc. 2022-20870 Filed 9-29-22; 8:45 am]
BILLING CODE 6560-50-P