The New Source Performance Standard (NSPS) OOOO and OOOOa underwent amendments that were finalized on August 13, 2020. The policy amendment is final and effective September 14, 2020, while the technical amendment will become effective on November 13, 2020, which is 60 days after publication**. Posted in the Federal Register Volume 85, Issue 178 (85 FR 57018) on September 14, 2020.
**Please refer to the official version in a forthcoming FR publication, which will appear on the Government Printing Office’s govinfo website (https://www.govinfo.gov/app/collection/fr) and on Regulations.gov (https://www.regulations.gov) in Docket No. EPA-HQ-OAR-2017-0757.
There were two amendments approved and finalized – one amendment was a policy update and the second was a technical update. Per the EPA’s website:
The rules are:
- Final policy amendments to the 2012 and 2016 NSPS, which remove the transmission and storage segment from the rule, rescind VOC and methane emissions standards for that segment, and rescind methane emissions standards for the production and processing segments.
- Final technical amendments to the 2016 NSPS, which make a number of changes to the rule to simplify compliance, including changes to the leaks monitoring and repair schedules for gathering and boosting compressor stations and low-production wells, changes to recordkeeping and reporting requirements (leaks are called “fugitive emissions” in the rule), and changes to incorporate several states’ requirements, among others.
For the policy amendments as stated above, the transmission and storage segments were removed from the rule. Per the EPA’s website, “EPA has determined that the original source category did not cover the transmission and storage segments. The amendments also determine that the transmission and storage segment should not be considered part of the same source category as the production and processing segments; and, therefore, the Agency could have listed the transmission and storage segment for regulation only after making a finding that emissions from that segment cause, or significantly contribute to, air pollution that may be reasonably anticipated to endanger public health or welfare. The EPA did not make such a finding for that segment. Based on this determination, the EPA also is rescinding the methane and VOC standards that applied to transmission and storage sources.”
For the technical amendments as stated above, it only includes updates to NSPS OOOOa. Per the EPA’s website, these amendments include updates to the “fugitive emissions requirements, provisions to apply for the use of an alternative means of emission limitation (AMEL), pneumatic pump standards, storage vessel standard applicability determinations, and engineer certifications.”
In general (and does not include every amendment/clarification), the technical amendments are as follows:
- Fugitive emissions monitoring for gathering and boosting compressor stations is reduced from quarterly to semi-annual.
- Exempts low-producing wells (total combined oil and natural gas production of 15 barrels of oil equivalent (boe) per day or less) from monitoring requirements as longs as they stay at or below 15 boe/day on a rolling 12-month average basis.
- Streamlining recordkeeping and reporting requirements to reduce the burden which includes:
- The requirement to have a site map and observation path was replaced with a requirement to include procedures to ensure that all fugitive emissions components are monitored during each survey in the monitoring plan. These procedures may include a site map and observation path, an inventory, or narrative of the location of each fugitive emissions component, but may also include other procedures not listed.
- The requirement to keep records of each repair attempt was replaced with the requirement to maintain a record only for the first attempt at repair and the completion of the repair. Other interim repair attempts are not necessary for demonstrating compliance with the repair requirements. Additionally, they removed the requirement to maintain records of the number and type of components not repaired during the monitoring survey.
- Reporting has been streamlined and the electronic reporting form has been updated concurrently with the amendment. The amendment removes items that previously were required to be recorded and reported to only being recorded.
- Initial monitoring at well sites and compressor stations is now required to be done within 90 days of startup instead of 60 days.
- Leak repairs are required to have a first attempt at repair within 30 days after emissions are detected and final repair must be made within 30 days of the first attempt of repair (not including repairs that are deemed not technically feasible or require a shutdown to repair).
- Allows owners/operators to request/receive approval to use alternative means of emission limitation, or AMEL, which allows the use of a different work practice to achieve emissions reductions that are equal to, or greater than, the work practice specified in the NSPS.
- For closed vent systems, instead of having a certification done by a professional engineer, it now allows for either a professional engineer or in-house engineer with appropriate knowledge of the closed-vent system design to certify that the system is designed and operated as required (routing all emissions from a storage vessel, pneumatic pump, or compressor to a control device).
- For storage vessels –
- For calculating the potential to emit (PTE) for tanks in a battery, the emissions can be averaged across the entire tank battery if the tank battery is subject to legally and practicably enforceable limits AND the permit requires routing vapors to a closed-vent system to a 95%+ control device. If each tank in the battery is over 6 tpy after averaging, then subject to rule.
- It incorporates the option for a storage vessel closed-vent system to be monitored by either monthly AVO monitoring, or OGI monitoring at the frequencies specified for fugitive emissions monitoring.
- For onshore natural gas processing plants, if a source is in VOC service less than 300 hrs/yr, it’s exempted from monitoring requirements.
For additional insights, call EDGE. We can provide further guidance on the NSPS amendments.
