pneumatic pumps     required if         actual VOC
                                                                           >=4 tpy.            uncontrolled        emissions
                                                                          Utah Oil and Gas     actual VOC          maintained <4tpy).
                                                                           Rules--Reduce VOC   emissions
                                                                           by 95 percent or    maintained <4
                                                                           route to a          tpy).
                                                                           process if total
                                                                           uncontrolled
                                                                           actual emissions
                                                                           from the
                                                                           collection of
                                                                           dehydrators and
                                                                           storage vessels
                                                                           >=4 tpy VOC (does
                                                                           not include
                                                                           pneumatic pump
                                                                           emissions), or if
                                                                           source with
                                                                           storage vessels
                                                                           only has through
                                                                           put >=8,000 bbl
                                                                           crude oil or
                                                                           2,000 bbl
                                                                           condensate, on
                                                                           rolling 12-month
                                                                           basis--unless <=4
                                                                           tpy source-wide
                                                                           uncontrolled
                                                                           actual emissions
                                                                           of VOC from the
                                                                           collection of all
                                                                           storage vessels.

Dehydrators VOC emission control                      See VOC emission    Issued Utah Permit  Not covered.......  Not covered.......  For units at major
 requirements (Sec.   49.4174).                        control devices     Requirements                                                HAP sources and
                                                       later in this       (BACT for site-                                             non-urban area
                                                       table (Sec.         specific &                                                  sources with
                                                       49.4177).           general approval                                            actual annual
                                                                           orders)--Reduce                                             average flowrate
                                                                           VOC by 98 percent                                           of natural gas
                                                                           or route to a                                               >=85,000 standard
                                                                           process where                                               m3/day, reduce
                                                                           source-wide                                                 HAP by 95.0
                                                                           uncontrolled                                                percent or route
                                                                           actual VOC                                                  to a process.
                                                                           emissions from                                             Units with actual
                                                                           the collection of                                           annual average
                                                                           all storage                                                 flowrate of
                                                                           vessels,                                                    natural gas
                                                                           dehydrators and                                             <85,000 standard
                                                                           pneumatic pumps                                             m3/day not
                                                                           >=4 tpy.                                                    covered--this is
                                                                          Utah Oil and Gas                                             the majority of
                                                                           Rules--Reduce VOC                                           units on Indian
                                                                           by 95 percent if                                            country lands
                                                                           total                                                       within the U&O
                                                                           uncontrolled                                                Reservation.
                                                                           actual emissions
                                                                           from the
                                                                           collection of
                                                                           dehydrators and
                                                                           storage vessels
                                                                           >=4 tpy VOC (does
                                                                           not include
                                                                           pneumatic pump
                                                                           emissions).
Pneumatic pumps VOC emission                          See VOC emission    Issued Utah Permit  Not covered.......  Reduce VOC by 95.0  Not covered.
 control requirements (Sec.                            control devices     Requirements                            percent (if
 49.4175).                                             later in this       (BACT for site-                         control device is
                                                       table (Sec.         specific &                              already on site)
                                                       49.4177).           general approval                        or route to a
                                                                           orders)--Reduce                         process (if
                                                                           VOC by 98 percent                       technically
                                                                           or route to a                           feasible) for
                                                                           process where                           natural gas-
                                                                           source-wide                             driven diaphragm
                                                                           uncontrolled                            pneumatic pumps
                                                                           actual VOC                              at well sites
                                                                           emissions from                          constructed,
                                                                           the collection of                       reconstructed or
                                                                           storage vessels,                        modified after
                                                                           dehydrators and                         September 18,
                                                                           pneumatic pumps                         2015.
                                                                           >=4 tpy.                               Zero natural gas
                                                                          Utah Oil and Gas                         emissions for
                                                                           Rules does not                          natural gas
                                                                           require control                         processing plants
                                                                           of pneumatic pump                       constructed after
                                                                           emissions.                              September 18,
                                                                                2015.
Covers and closed-vent system     Source-wide         100 percent of VOC  100 percent of      100 percent of      100 percent of      100 percent of HAP
 VOC emission control              potential for VOC   emissions routed    storage vessel,     storage vessel      storage vessel      emissions, if
 requirements (Sec.   49.4176).    emissions from      to process or       dehydrator and      VOC emissions       emissions routed    required to
                                   the collection of   control device.     pneumatic pump      routed to control   to control device   control glycol
                                   all storage                             emissions routed    device or process.  or process.         dehydrators and/
                                   vessels,                                to control device                                           or storage
                                   dehydrators and                         or process in                                               vessels.
                                   pneumatic pumps                         issued Utah
                                   >=4 tpy.                                Permit
                                                                           Requirements and
                                                                           Rules (BACT for
                                                                           site-specific &
                                                                           general approval
                                                                           orders).
                                                                          Utah Oil and Gas
                                                                           Rules--100
                                                                           percent storage
                                                                           vessel and
                                                                           dehydrator
                                                                           emissions routed
                                                                           to control device
                                                                           or process (Utah
                                                                           Oil and Gas Rules
                                                                           do not include
                                                                           routing pneumatic
                                                                           pump emissions).
VOC emission control devices      Source-wide         95.0 percent        98.0 percent        95.0 percent        95.0 percent        If required to
 (Sec.   49.4177).                 potential for VOC   continuously.       continuous VOC      continuous VOC      continuous VOC      control glycol
                                   emissions from                          control             control             control             dehydrator or
                                   the collection of                       efficiency for      efficiency.         efficiency.         storage vessel
                                   all storage                             Issued Utah                                                 HAP emissions,
                                   vessels,                                Permit                                                      must reduce HAP
                                   dehydrators and                         Requirements                                                by 95.0 percent,
                                   pneumatic pumps                         (BACT for site-                                             or maintain <20
                                   >=4 tpy.                                specific &                                                  parts per million
                                                                           general approval                                            volume (ppmv) or
                                                                           orders).                                                    1 tpy benzene.
                                                                          95 percent
                                                                           continuous
                                                                           control
                                                                           efficiency for
                                                                           Utah Oil and Gas
                                                                           Rules.

Fugitive emissions VOC emission   Source-wide         NA-Semi-annual      Utah Oil and Gas    For natural gas     For well sites and  Ensure closed-vent
 control requirements (Sec.        potential for VOC   surveys.            Rules--semi-        processing plants   compressor          system operates
 49.4178).                         emissions from                          annual surveys at   constructed,        stations            with no
                                   the collection of                       all registered      reconstructed, or   constructed,        detectable
                                   all storage                             well sites          modified after      reconstructed or    emissions if
                                   vessels,                                required to         August 23, 2011,    modified after      required to
                                   dehydrators and                         control storage     and on or before    September 18,       control glycol
                                   pneumatic pumps                         vessel and/or       September 18,       2015--Fugitive      dehydrator or
                                   >=4 tpy.                                dehydrator VOC      2015--LDAR          emissions surveys   storage vessel
                                  Or................                       emissions.          requirements as     using OGI           HAP emissions.
                                  Well site                               Issued Utah Permit   referenced in       conducted
                                   production >15                          Requirements        NSPS VVa, with      semiannually
                                   boe per day                             (sources exempt     periodic EPA        (well sites) and
                                   (rolling                                from Utah Oil and   Method 21 surveys   quarterly
                                   consecutive 12-                         Gas Rules)          on specific         (compressor
                                   month average).                         require LDAR,       equipment types.    stations).
                                                                           ranging from                           For natural gas
                                                                           annual to                               processing plants
                                                                           quarterly for all                       constructed,
                                                                           approved (i.e.,                         reconstructed or
                                                                           permitted) oil                          modified after
                                                                           and natural gas                         September 18,
                                                                           sources,                                2015--LDAR
                                                                           including                               requirements as
                                                                           compressor                              referenced in
                                                                           stations.                               NSPS VVa, with
                                                                                periodic EPA
                                                                                Method 21 surveys
                                                                                on specific
                                                                                equipment types.
Tank truck loading VOC emission   None--applies to    NA--Bottom filling  Utah Oil and Gas    Not covered.......  Not covered.......  Not covered.
 control requirements (Sec.        all existing        or submerged fill   Rules--more
 49.4179).                         sources.            pipe.               stringent, as
                                                                           capture and
                                                                           control of VOC
                                                                           emissions (95
                                                                           percent
                                                                           efficiency)
                                                                           required at
                                                                           registered
                                                                           sources required
                                                                           to control
                                                                           storage vessel
                                                                           and glycol
                                                                           dehydrator
                                                                           emissions.
Pneumatic controllers VOC                             NA--meet the        Utah Oil and Gas    For continuous      For continuous      Not covered.
 emission control requirements                         standards of NSPS   Rules--Meet         bleed natural gas   bleed natural gas
 (Sec.   49.4180).                                     OOOO or OOOOa.      standards of NSPS   driven pneumatic    driven pneumatic
                                                                           OOOO.               controllers         controllers
                                                                                constructed,        constructed,
                                                                                reconstructed or    reconstructed or
                                                                                modified after      modified after
                                                                                October 15, 2013    September 18,
                                                                                and on or before    2015, zero-bleed
                                                                                September 18,       for processing
                                                                                2015, zero-bleed    plants and low-
                                                                                for processing      bleed (<6 scfh)
                                                                                plants and low-     elsewhere.
                                                                                bleed (<6 scfh)
                                                                                elsewhere.
Other combustion devices (Sec.                        NA--must be         Utah Oil and Gas    Not covered.......  Not covered.......  Not covered.
 49.4181).                                             equipped with       Rules--must be
                                                       automatic           equipped with
                                                       ignition device.    automatic
                                                                           ignition device.
--------------------------------------------------------------------------------------------------------------------------------------------------------

1. Storage Vessels, Glycol Dehydrators, and Pneumatic Pumps
    For existing, new, and modified sources, we are finalizing in 40
CFR 49.4173 (Storage vessel VOC emission control requirements), 40 CFR
49.4174 (Dehydrators VOC emission control requirements), and 40 CFR
49.4175 (Pneumatic pumps VOC emission control requirements) the
requirement that owners and operators of affected storage vessels,
glycol dehydrators, and natural gas-driven pneumatic pumps either: (1)
reduce VOC emissions from flashing, working, standing, and breathing
losses from the collection of all crude oil, condensate, intermediate
hydrocarbon and produced water storage vessels, glycol dehydrator
process vents (glycol dehydrator regenerator or still vent and the vent
from the dehydrator flash tank, if present), and pneumatic pumps, by at
least 95.0 percent on a continuous basis; or (2) maintain the source-
wide uncontrolled actual VOC emissions from the collection of all
storage vessels, glycol dehydrators, and pneumatic pumps at a rate of
less than 4 tpy. We are finalizing the requirement that applicability
for the VOC emissions control requirements be determined specifically
according to the following criteria. For oil and natural gas sources
that began operation before the effective date of the final rule, we
are requiring that applicability be determined using potential for VOC
emissions. Potential for VOC emissions must be calculated using a
generally accepted model or calculation methodology based on the
maximum average daily throughput, as determined for existing sources
using the highest 30-day period of production in the 12 consecutive
months before the compliance deadline of the rule for each affected
source. The determination may take into account requirements under
legally and practicably enforceable limits in an applicable operating
permit or other applicable federal requirement, such as those in NSPS
OOOO or OOOOa, or NESHAP HH. For oil and natural gas sources that begin
operation or modification after the effective date of the final rule,
we are requiring that applicability for glycol dehydrators and
pneumatic pumps be determined using potential to emit VOC, and that
emissions from the collection of all storage vessels be controlled upon
startup for a minimum of 12 consecutive months. This requirement for
new and modified storage vessels is being finalized because of the
uncertainty of well production levels before operation begins. After a
minimum of 12 consecutive months of operation, controls may be removed
if source-wide uncontrolled actual VOC emissions from the collection of
all storage vessels, glycol dehydrators, and pneumatic pumps are
demonstrated to be less than 4 tpy.
    We are requiring that owners or operators demonstrate that the
source-wide uncontrolled actual VOC emissions from the collection of
all

crude oil, condensate, intermediate hydrocarbon liquids and produced
water storage vessels, glycol dehydrator process vents, and pneumatic
pumps have been maintained below 4 tpy, using records of monthly
determinations of uncontrolled actual VOC emission rates for the 12
consecutive months immediately preceding the demonstration. The
uncontrolled actual VOC emissions rate must be calculated using a
generally accepted model or calculation methodology.
    The final rule requires that the owner or operator re-evaluate the
source-wide uncontrolled actual VOC emissions on a monthly basis. If
the results of the monthly determination show that the uncontrolled
actual VOC emission rate is greater than or equal to 4 tpy, the owner
or operator will have 30 days to switch to the first option specified
and control VOC emissions by at least 95 percent continuously. We are
finalizing an exemption to the VOC emissions control requirements for
each emergency storage vessel that meets the following requirements:
(1) the storage vessel is not used as an active storage vessel; (2) the
owner or operator empties the storage vessel no later than 15 days
after receiving fluids; (3) the storage vessel is equipped with a
liquid level gauge or equivalent device; and (4) records of the use of
each vessel are kept indicating the date the vessel received fluids or
was discovered to have received fluids, the date the vessel was emptied
and the volume of fluids emptied in barrels.
    The final VOC emissions control applicability provisions and other
requirements are the same as or comparable on balance with the
requirements in the Utah Permit Requirements and/or Utah Oil and Gas
Rules. The methods for determining applicability of the control
requirements are the same as those in site-specific minor source BACT
analyses in the Utah Permit Requirements. In site-specific approval
orders that have been issued, the UDEQ requires VOC emissions controls
for source-wide emissions from the collection of all storage vessels,
glycol dehydrators, and pneumatic pumps at oil and natural gas sources
\84\ when the source-wide potential for VOC emissions from that
equipment is greater than or equal to 4 tpy. We have also determined
that controlling emissions above the 4 tpy VOC level is cost-effective
and will achieve meaningful emissions reductions on Indian country
lands within the U&O Reservation.\85\ The methods for determining
applicability of the control requirements are comparable on balance
with the UDEQ's recently adopted Utah Oil and Gas Rules, except that
those rules do not consider emissions from or control of pneumatic
pumps.\86\ The reason for this difference is discussed later when we
describe this FIP's requirements for pneumatic pumps. The Utah Oil and
Gas Rules require all new and modified storage vessels (i.e., those
that begin operation on or after January 1, 2018) to control emissions
upon startup of operation for a minimum of one year. The requirement in
this FIP to control emissions from the collection of all new and
modified storage vessels for at least 12 consecutive months, the
exemption for emergency storage vessels, and the provision allowing
removal of controls from the collection of all storage vessels, glycol
dehydrators, and pneumatic pumps are also the same as the requirements
in the Utah Oil and Gas Rules, with the exception of pneumatic pump
emissions and control mentioned earlier, which will be discussed in
more detail later.
---------------------------------------------------------------------------

    \84\ The docket for this rulemaking contains several examples of
UDEQ site-specific minor source NSR permits (approval orders) for
Crude Oil and Natural Gas Well Sites and/or Tank Batteries (DAQE-
AN151010001-15, DAQE-AN149250001-14, and DAQE-AN143640003-15). UDEQ
site-specific approval order requirements are based on BACT analyses
for oil and natural gas sources concluding that combustion of VOC
emissions from crude oil and condensate storage tanks, glycol
dehydrators, and pneumatic pumps is economically and technically
feasible when the source-wide potential for VOC emissions from those
emissions sources is equal to or greater than 4 tpy. The analyses
rely in part on the EPA's analysis in the April 12, 2013 NSPS OOOO
reconsideration, and the finding that emissions from those three
emissions sources at a single source can feasibly be routed to the
same combustor. Though the 4 tpy threshold is not specifically
stated in the approval orders, if a source applying for a site-
specific approval order has source-wide storage tank, glycol
dehydrator, and pneumatic pump VOC emissions equal to or greater
than 4 tpy, the order contains requirements to control those
emissions.
    \85\ The RIA in the docket for this rulemaking (Docket ID No.
EPA-R08-OAR-2015-0709) contains more detailed information on our
analyses.
    \86\ In response to an EPA comment on UDEQ's proposal
questioning why issued approval orders and the GAO cover pneumatic
pumps, but the new Utah Oil and Gas Rules do not, the UDEQ stated
that the 2014 Uinta Basin Emissions Inventory indicated that
pneumatic pump emissions constitute an insignificant portion of the
total VOC emissions at Utah-regulated sources in the Basin. The
comments and UDEQ's responses are available in the docket for this
rulemaking (Docket ID No. EPA-R08-OAR-2015-0709).
---------------------------------------------------------------------------

    We are finalizing the option that the owner or operator capture and
route all subject emissions through a closed-vent system to an enclosed
combustor or flare that is designed and operated to reduce the mass
content of VOC in the emissions vented to it by at least 95.0 percent.
Requirements for closed-vent systems are established under conditions
specified in 40 CFR 49.4176 (VOC emission control requirements for
covers and closed-vent systems), and requirements for operation and
monitoring of control devices are established under conditions
specified in 40 CFR 49.4177 (VOC Emission Control Devices) and 40 CFR
49.4182 (Monitoring Requirements), all of which are discussed in detail
below in the summaries of Covers, Closed-Vent Systems, and VOC Emission
Control Devices and Monitoring Requirements.
    We are finalizing the alternative option that the owner or operator
design operations to recover 100 percent of the emissions and recycle
them for use in a process unit or incorporate them into a product.
These control options are the same as the Utah Permit Requirements and
the Utah Oil and Gas Rules.
    As described earlier, regulating pneumatic pumps in this U&O FIP is
not comparable to the UDEQ's Utah Oil and Gas Rules, because those
rules do not include requirements for pneumatic pumps.\87\ But the
approach in this U&O FIP to controlling pneumatic pumps by routing
emissions to the same control device that controls emissions from the
collection of all storage vessels and glycol dehydrators is the same as
the UDEQ's approach to controlling pneumatic pumps in site-specific
approval orders issued under Utah Permit Requirements. We are confident
that this approach will help achieve ozone air quality improvements
through this U&O FIP, as the UBEI2017-Update shows that VOC emissions
from pneumatic pumps constitute 16 percent of the total oil and natural
gas-related VOC emissions on Indian country lands within the U&O
Reservation.\88\
---------------------------------------------------------------------------

    \87\ We note that the Utah Oil and Gas Rules do not contain
requirements for pneumatic pumps. We are finalizing requirements for
pneumatic pumps requirements, as we have identified emissions from
existing pneumatic pumps as being a significant source of VOC
emissions on the Indian country lands within the U&O Reservation.
    \88\ By contrast, the UBEI2017-Update shows that there are a
very low number of pneumatic pumps installed and operating on lands
in areas of the Basin where the EPA has approved the UDEQ to
implement the CAA; the UDEQ has stated that this fact is the reason
the Utah Oil and Gas Rules do not have control requirements for
pneumatic pumps (see the response to comments on the UDEQ's proposed
rules in the docket for this rulemaking).
---------------------------------------------------------------------------

    We do not expect that a substantial number of existing oil and
natural gas sources that would meet the applicability criteria of this
U&O FIP will also be subject to NSPS OOOO or OOOOa, or NESHAP HH.
However, to address any potential regulatory overlap, we are providing
that any affected storage vessels, glycol dehydrators, or pneumatic
pumps that

are subject to the emissions control requirements in those EPA
standards, are not subject to the requirements in this U&O FIP for such
equipment and activities, including monitoring, recordkeeping, and
reporting requirements associated with such equipment and activities.
2. Covers, Closed-Vent Systems
    For affected existing, new, and modified sources that are required
to control emissions from the collection of all storage vessels, glycol
dehydrators and pneumatic pumps per 40 CFR 49.4173 through 49.4175, we
are finalizing in 40 CFR 49.4176 (VOC emission control requirements for
covers and closed-vent systems) to require, as applicable, the use of
covers on all storage vessels, and the use of closed-vent systems with
equipment that captures and routes VOC emissions to the respective
vapor recovery or VOC emission control devices. Because closed-vent
systems are common to control requirements for storage vessels, glycol
dehydrators and pneumatic pumps, we are finalizing these requirements
in a separate section to avoid redundancy. Section 49.4176 also
specifies construction and operational requirements for the covers and
closed-vent systems. The construction and operational requirements for
the covers and closed-vent systems are intended to provide legal and
practical enforceability to ensure that all captured VOC emissions are
routed to the respective vapor recovery or VOC emission control
devices. In addition, for affected existing, new, and modified sources
that are required to control emissions from the collection of all
storage vessels, glycol dehydrators and pneumatic pumps, in 40 CFR
49.4177 (VOC emission control devices) we are finalizing specific
legally and practicably enforceable construction and operational
requirements for enclosed combustors and flares.
    We are finalizing in 40 CFR 49.4176 (VOC emission control
requirements for covers and closed-vent systems) the requirement that
each owner or operator equip the openings on each affected storage
vessel with a cover that ensures that flashing, working, standing and
breathing losses are efficiently routed through a closed-vent system to
a vapor recovery system, an enclosed combustor, or a flare. We are
finalizing the requirement that each cover and all openings on the
cover (e.g., access hatches, sampling ports, and gauge wells) form a
continuous barrier over the entire surface area of the crude oil,
condensate, intermediate hydrocarbon liquids or produced water in the
storage vessel. Each cover opening must be secured in a closed, sealed
position (i.e., covered by a gasketed lid or cap) whenever material is
in the storage vessel on which the cover is installed, except when it
is necessary to use an opening to: (1) add material to, or remove
material from the unit (this includes openings necessary to equalize or
balance the internal pressure of the unit following changes in the
level of the material in the unit); (2) inspect or sample the material
in the unit; or (3) inspect, maintain, repair, or replace equipment
inside the unit.
    We are requiring that all vent lines, connections, fittings,
valves, relief valves, and any other appurtenance employed to contain
and collect emissions and transport them to the vapor recovery or VOC
control equipment be maintained and operated properly at all times, and
that they be designed to operate with no detectable emissions. If a
closed-vent system contains one or more bypass devices that could be
used to divert all or a portion of the emissions from entering the
vapor recovery or VOC control devices, we are requiring that the owner
or operator meet one of the following options for each bypass device:
(1) at the inlet to the bypass device, properly install, calibrate,
maintain, and operate a flow indicator capable of taking periodic
readings and sounding an alarm when the bypass device is open such that
the emissions are being, or could be, diverted away from the control
device and into the atmosphere; or (2) secure the bypass device valve
in the non-diverting position using a car-seal or a lock-and-key type
configuration.
    The cover and closed-vent system requirements are comparable on
balance with UDEQ requirements for storage vessels in both the issued
site-specific approval orders and the Utah Oil and Gas Rules. The site-
specific approval orders require storage vessel thief hatches to be
closed and latched except during storage vessel unloading or other
maintenance activities. They also require that thief hatches be
inspected once every three months to ensure that thief hatches are
closed and latched, and that any associated gaskets are in good working
condition. Similarly, the Utah Oil and Gas Rules for storage vessels
require thief hatches to be kept closed and latched except during
unloading or maintenance. The U&O FIP requirements for covers and
closed-vent systems were developed by consulting the cover and closed-
vent system requirements of EPA standards, such as OOOO and OOOOa and
NESHAP HH. For ease of implementation, these requirements provide more
detail than the UDEQ requirements in both the issued site-specific
approval orders and the Utah Oil and Gas Rules but are comparable on
balance with the UDEQ requirements for storage vessels and closed-vent
systems.
3. VOC Emission Control Devices
    For existing, new, and modified sources that are required to
control VOC emissions from the collection of all storage vessels,
glycol dehydrators and pneumatic pumps, we are finalizing requirements
in 40 CFR 49.4177 (VOC emission control devices) that each owner or
operator follow the manufacturer's written operating instructions,
procedures and maintenance schedules to ensure the use of good air
pollution control practices for minimizing emissions from each enclosed
combustor and flare. Each flare must be designed and operated according
to the requirements of 40 CFR 60.18(b). Each enclosed combustor must be
designed and operated to reduce the mass content of the VOC in the
natural gas routed to it by at least 95.0 percent continuously. The
control efficiency required for each VOC emissions control device is
the same as the Utah Oil and Gas Rules.
    We recognize that the site-specific approval orders issued to
existing sources under the Utah Permit Requirements require control
devices to meet 98 percent VOC control efficiency. But we have
concluded that the differences between this U&O FIP, the Utah Oil and
Gas Rules, and the Utah Permit Requirements are minimal, and all were
designed to achieve a consistent result. The UDEQ requires permittees
of minor oil and natural gas sources to show compliance with 98.0
percent VOC control device control efficiency by routing all exhaust
gas/vapors (from the storage vessels, glycol dehydrators or pneumatic
pumps) to the operating combustor, operating the device according to
the manufacturer's written instructions when gases/vapors are routed to
it, operating the device with no visible emissions, and by performing
tests to visually determine smoke emissions according to EPA Method 22
at 40 CFR part 60, appendix A. The Utah Oil and Gas Rules require at
least 95.0 percent VOC control efficiency and do not specify methods to
ensure no visible emissions but refer to NSPS OOOOa for demonstrating
compliance with the control efficiency requirements. We note that
combustion devices can be designed to meet 98.0 percent control
efficiencies, and can control emissions by 98.0 percent or

more, on average, in practice when properly operated.\89\ Combustion
devices designed to meet 98.0 percent control efficiency may not,
however, be able to meet this efficiency level continuously in
practice, due to factors such as the variability of field conditions
and downtime.
---------------------------------------------------------------------------

    \89\ The EPA has reviewed performance tests submitted for 19
different makes/models of combustor control devices and confirmed
they meet the performance requirements in NSPS subpart OOOO and
NESHAP subparts HH and HHH. All reported control efficiencies were
above 99.9 percent at tested conditions. EPA notes that the control
efficiency achieved in the field is likely to be lower than the
control efficiency achieved at a bench test site under controlled
conditions, but these units should be able to continuously meet a
95.0 percent control efficiency level when they are designed,
monitored and operated in a way that ensures effective performance
on a continuous basis. See Combustion Device Performance Testing
Summary Table in the docket for this rule.
---------------------------------------------------------------------------

    During development of NSPS OOOO and OOOOa, 95.0 percent control
efficiency was determined to be the best system of emission reduction
(BSER) able to be continuously achieved by affected facilities (e.g.,
storage vessels, centrifugal compressors) nationwide. The EPA is aware
that enclosed combustors and flares may be capable of achieving
instantaneous control efficiencies greater than 95.0 percent,\90\ but
in determining BSER the EPA must be confident that the control
efficiency can be achieved continuously by affected facilities
nationwide to which it applies. We are confident that combustors and
flares can meet at least 95.0 percent VOC control efficiency on a
continuous basis when they are designed, monitored and operated in a
way that ensures effective performance on a continuous basis. While the
EPA is aware that combustion devices commonly used to control VOC-
containing gas streams are capable of demonstrating greater than 98.0
percent continuous VOC control efficiency in a controlled performance
testing environment, under ideal conditions, based on widespread and
readily available manufacturer test data,\91\ we are not confident that
the devices can achieve 98.0 percent continuous VOC control efficiency
in the field without stronger flare performance requirements than are
currently in effect today.\92\
---------------------------------------------------------------------------

    \90\ See ``Oil and Natural Gas Sector New Source Performance
Standards and National Emissions Standards for Hazardous Air
Pollutants reviews, Parts 60 and 63, Response to Public Comments on
Proposed Rule, 76 FR 52738 (Aug. 23, 2011), available at https://www.regulations.gov (Docket ID EPA-HQ-OAR-2010-0505 (Section 2.5.4,
pages 127-128; Section 3.4.1, pages 294-295; and Section 3.5.1,
pages 302-303)).
    \91\ See Combustion Device Performance Testing Summary Table in
the docket for this rule.
    \92\ The Oil and Natural Gas Sector Climate Review Proposed Rule
is soliciting comment and information that would help us better
understand the cost, feasibility, and emission reduction benefits
associated with establishing a 98 percent control efficiency
requirement for flares in the Crude Oil and Natural Gas source
category, including information on the level of performance being
achieved in practice by flares in the field, what conditions or
factors contribute to malfunctions or poor performance at these
flares, and what measures the EPA could or should require in order
to ensure that flares perform at a 98 percent level of control. See
86 FR 63110 (Nov. 15, 2021).
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    We are requiring that all flares installed per this rule be
designed and operated in accordance with applicable requirements in 40
CFR 60.18(b).\93\ We are requiring that all enclosed combustors
installed per this rule be models: (1) that have been tested by the
manufacturer in accordance with specific requirements in NSPS OOOO and
OOOOa; or (2) for which the owner or operator has conducted performance
testing according to the requirements in NSPS OOOO and OOOOa. The Utah
Oil and Gas Rules require that compliance for VOC control devices be
demonstrated by meeting the performance test methods and procedures in
NSPS OOOO. The Utah Oil and Gas Rules do not distinguish between flares
and enclosed combustors. We determined, though, that it was important
to have specific requirements for the different types of control
devices that may be present at oil and natural gas sources on Indian
country lands within the U&O Reservation, because EPA standards
including NSPS OOOO and OOOOa and NESHAP HH make such distinctions for
legal and practical enforceability. Therefore, although for ease of
implementation this FIP's requirements for VOC control devices to
demonstrate compliance with the control efficiency requirements are
more detailed than the state's, they are comparable on balance with the
Utah Oil and Gas Rules that reference such requirements in NSPS OOOO,
as well as with NSPS OOOO and OOOOa and NESHAP HH.
---------------------------------------------------------------------------

    \93\ 40 CFR 60.18(b) for flares requires compliance with 40 CFR
60.18(c) through (f).
---------------------------------------------------------------------------

    We determined that certain work practice and operational
requirements are also necessary for the practical enforceability of the
VOC emission reduction requirements for flares or enclosed combustors.
We are requiring that flares and enclosed combustors be operated within
specific parameters to ensure the effective control of VOC
emissions.\94\ Specifically, we are requiring that each owner or
operator ensure that each enclosed combustor or flare is: (1) operated
at all times that emissions are routed to it; (2) equipped and operated
with a liquid knockout system to collect any condensable vapors (to
prevent liquids from going through the control device); (3) equipped
and operated with a flashback flame arrestor; (4) equipped and operated
with a continuous burning pilot flame, or an electronically controlled
automatic ignition device; (5) equipped with a monitoring system for
continuous recording of the parameters that indicate proper operation
of each continuous burning pilot flame or electronically controlled
automatic ignition device, such as a chart recorder, data logger or
similar device, or connected to a Supervisory Control and Data
Acquisition (SCADA) system, to monitor and document proper operation of
the enclosed combustor or flare; (6) maintained in a leak-free
condition; and (7) operated with no visible smoke emissions. These work
practice and operational requirements are comparable to requirements of
the Utah Oil and Gas Rules with respect to operation of the control
devices with no visible emissions.
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    \94\ The necessity of such a requirement was discussed in detail
in the preamble and Technical Support Documents to the proposed and
final NSPS OOOO. These documents can be found in the docket for the
NSPS OOOO rulemaking (Docket ID EPA-HQ-OAR-2010-0505), available at
https://www.regulations.gov.
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    To ensure legal and practical enforceability, other work practice
and operational requirements in this U&O FIP are different or more
prescriptive than the Utah Oil and Gas Rules in several areas. For
example, the Utah Oil and Gas Rules require all VOC emissions control
devices simply to be equipped and operated with an operational
automatic ignition device. This U&O FIP, on the other hand, requires
each enclosed combustor or flare to be equipped and operated with
either a continuous burning pilot flame or an electronically controlled
automatic ignition device. Further, under this FIP all enclosed
combustors and flares must be equipped with a monitoring system for
continuous measurement and recording of the parameters that indicate
proper operation of each continuous burning pilot flame or
electronically controlled automatic ignition device, such as a chart
recorder, data logger or similar device, or connected to a SCADA system
to monitor and document proper operation of the device. The work
practice and operational requirements for VOC control devices in this
U&O FIP were developed by considering the UDEQ requirements for VOC
control devices, in combination with consulting the work practice and
operational requirements for control devices in EPA standards,
including NSPS OOOO and OOOOa and NESHAP HH. Regarding

the requirement to equip enclosed combustors and flares with either a
continuous burning pilot flame or an electronically controlled
automatic ignition device, provided there is a monitoring system to
indicate proper operation of the device, the EPA has maintained the
position as recently as 2016 that without a continuous ignition source,
there may be periods of uncontrolled emissions, and continuous ignition
sources are designed to combust the flammable portion of the gas
stream, even if the gas stream has a low BTU content.\95\ Therefore, we
have maintained that automatic ignition devices alone may not be
reliable in the field to ensure that there is an ignition source at all
times gas is flowing to a control device, and EPA standards, such as
NSPS OOOO and OOOOa, have commonly required that enclosed combustors be
equipped with continuous burning pilot flames and continuous parameter
monitoring systems to ensure the presence of a flame at all times a gas
stream is routed to the control device. Additionally, since the final
FIP requires compliance with 40 CFR 60.18(c)(2) \96\ of the General
Provisions for 40 CFR part 60 when using a flare, a continuous pilot
flame is required, and we have determined that an equivalent
requirement should be applicable to enclosed combustion control devices
used for controlling emissions from storage vessels and other equipment
at affected oil and natural gas sources.
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    \95\ The EPA's Response to Public Comments on the EPA's Oil and
Natural Gas Sector: Emission Standards for New, Reconstructed, and
Modified Sources. 40 CFR part 60, subpart OOOOa. May 2016. Chapter
11--Compliance. Comment Excerpt Number: 17. Pages 188-191 (Docket ID
EPA-HQ-OAR-2010-0505-7632), available at https://www.regulations.gov, accessed Mar. 14, 2022.
    \96\ Per 40 CFR 60.18(b).
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    We recognize that the UDEQ requires automatic ignition devices on
all combustion devices. In the interest of establishing regulations on
Indian country lands within the U&O Reservation that are comparable on
balance with the UDEQ requirements, we are finalizing a hybrid approach
that allows owners and operators required to control VOC emissions from
the collection of all storage vessels, glycol dehydrators, and
pneumatic pumps the option to use devices that comply with EPA
standards (continuous burning pilot), or to use electronically
controlled automatic ignition devices if the control device is also
equipped with a system that can indicate to the owner and operator that
the automatic ignition device is not operating properly while gas is
being routed to the control device. We expect that these requirements
for control devices will achieve a result comparable to the
requirements for VOC control devices in the Utah Oil and Gas Rules and
will ensure that the control device is operated properly to achieve the
required control efficiency while providing consistency with EPA policy
regarding flares and combustors.
    Section 49.4177 allows owners or operators of oil and natural gas
sources, on receiving written approval, to use control devices other
than an enclosed combustor or flare, provided they continuously achieve
at least 95.0 percent VOC control efficiency. We expect that this
provision will allow owners and operators to take advantage of
technological advances in VOC emission control in the oil and natural
gas industry, and that it will provide us with valuable information on
new control technologies.
4. Fugitive Emissions Control
    For existing, new, and modified sources, we are finalizing LDAR
requirements in 40 CFR 49.4178 (Fugitive emissions VOC emission control
requirements) that each owner or operator of an oil and natural gas
source conduct periodic inspections of the source to detect leaks from
fugitive emissions components and repair them if either of the
following is true: (1) the collection of fugitive emissions components
is located at an oil and natural gas source that is required to control
VOC emissions according to 40 CFR 49.4173 through 49.4177 of this FIP
(i.e., the source-wide potential for VOC emissions from the collection
of all storage vessels, glycol dehydrators, and pneumatic pumps is
equal to or greater than 4 tpy, as determined according to 40 CFR
49.4173(a)(1)); or (2) the collection of fugitive emissions components
is located at a well site, as defined in 40 CFR 60.5430a, that at any
time has total production greater than 15 boe per day based on a
rolling 12-month average.\97\ Owners and operators of the collection of
fugitive emissions components for which neither of the aforementioned
conditions are true have the option to either (1) implement a program
of periodic fugitive emissions inspections and repair, or (2)
demonstrate that the total daily oil and natural gas production of the
collection of all wells producing to the well site is at or below 1 boe
per day, based on a 12-month rolling average, calculated according to
specific procedures specified in 40 CFR 49.4178(e). Owners and
operators of the collection of fugitive emissions components at an oil
and natural gas source that is subject to the fugitive emissions
monitoring requirements of NSPS OOOOa are exempt from this FIP's
fugitive emissions monitoring requirements for those components.
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    \97\ As explained earlier, the Oil and Natural Gas Sector
Climate Review Proposed Rule proposes a different approach for LDAR
applicability based on the level of facility wide methane fugitive
emissions. We are finalizing these requirements in the interest of
taking action now to reduce VOC emissions on the Indian country
lands within the U&O Reservation and recognizing the advantages of
maximizing emissions reductions while providing a measure of
consistency with the UDEQ and federal requirements that are in
effect today. We may revisit this rulemaking in the future based on
any final action we take under CAA section 111 with the Oil and
Natural Gas Sector Climate Review rulemaking.
---------------------------------------------------------------------------

    We are finalizing a definition of ``fugitive emissions component''
in 40 CFR 49.4171, consistent with the approach in NSPS OOOOa, that
includes valves, connectors, open-ended lines, pressure relief devices,
flanges, covers and closed-vent systems not subject to 40 CFR 49.4173
through 49.4175, thief hatches or other openings on controlled storage
vessels not subject to 40 CFR 49.4173, compressors, instruments and
meters.\98\ Each owner or operator is required to develop and implement
a Reservation-wide fugitive emissions monitoring plan for all of its
affected oil and natural gas sources on Indian country lands within the
U&O Reservation that must include the following elements, at a minimum:
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    \98\ Devices that vent as part of normal operations, such as
natural gas-driven pneumatic controllers or natural gas-driven
pumps, are not fugitive emissions components, insofar as the natural
gas discharged from the device's vent is not considered a fugitive
emission. Emissions originating from other than the vent, such as
the thief hatch on a controlled storage vessel, would be considered
fugitive emissions.
---------------------------------------------------------------------------

    (1) Conduct an initial monitoring of fugitive emissions components
at each affected source within 12 months of the effective date of the
rule.
    (2) Conduct subsequent monitoring once every 6 months after the
initial monitoring for fugitive emissions components at oil and natural
gas sources.
    (3) Describe the fugitive emissions detection monitoring method to
be used (limited to onsite optical gas imaging instruments, with a leak
defined as any visible emissions using an optical gas imaging
instrument, EPA Reference Method 21, with an instrument reading of 500
parts per million volume (ppmv) VOC defined as a leak, or another
method approved by the EPA other than optical gas imaging or EPA
Reference Method 21).
    (4) Identification of manufacturer and model number of any leak
detection equipment to be used.

    (5) Procedures and timeframes for identifying and repairing
components from which leaks are detected, including a requirement to
repair any identified leaks from components that are safe to repair and
that do not require source shutdown within 30 days of discovering a
leak, and identification of timeframes (which must be no later than the
next required monitoring event after discovering the leak) to repair
leaks that are designated as difficult-to-monitor or unsafe-to-monitor,
or which require source shutdown. If the repair or replacement of a
fugitive emissions component designated difficult-to-monitor or unsafe-
to-monitor is technically infeasible, would require a vent blowdown, a
compressor station shutdown, a well shutdown or shut-in, or would be
unsafe to repair \99\ during operation of the unit, the repair or
replacement must be completed during the next scheduled compressor
station shutdown, well shutdown, well shut-in, after a planned vent
blowdown, or within 2 years, whichever is earlier.
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    \99\ ``Unsafe to repair'' is defined in the final rule as
meaning that operator personnel would be exposed to an imminent or
potential danger as a consequence of the attempt to repair the leak
during normal operation of the source.
---------------------------------------------------------------------------

    (6) Procedures for verifying effective repair of leaking
components, no later than 30 days after repairing a leak.
    (7) Specific training and experience needed to perform inspections.
    (8) Description of procedures for calibration and maintenance of
any fugitive emissions monitoring device to be used.
    (9) Standard monitoring protocols for each type of typical affected
source (e.g., well site, tank battery, compressor station), including a
general list of component types that will be inspected and what
supporting data will be recorded (e.g., wind speed, detection method
device-specific operational parameters, date, time, and duration of
inspection).
    We are finalizing in 40 CFR 49.4179 an exemption for source owners/
operators from having to monitor and repair a fugitive emissions
component under certain circumstances: (1) the contacting process
stream only contains glycol, amine, methanol or produced water; or (2)
the component to be inspected is buried, insulated in a manner that
prevents access to the components by a monitor probe or optical gas
imaging device, or obstructed in a manner that prevents access by a
monitor probe or optical gas imaging device.
    The fugitive emissions LDAR requirements in this U&O FIP are
designed to be consistent with those in NSPS OOOOa. In developing the
final FIP LDAR requirements, we also reviewed the UDEQ requirements.
For existing, new, and modified sources subject to the Utah Oil and Gas
Rules, the LDAR requirements were designed to be procedurally
consistent with NSPS OOOOa, though the applicability threshold is
different. The UDEQ's site-specific approval orders, a general approval
order (GAO) for crude oil and natural gas well sites and tank
batteries,\100\ and the Utah Oil and Gas Rules all require
implementation of an LDAR program at facilities that are required to
control storage vessel, dehydrator, and/or pneumatic pump emissions.
The Utah Oil and Gas Rules require semi-annual fugitive emissions
monitoring and repair for any affected source. Existing oil and natural
gas sources that were authorized under the UDEQ's site-specific
approval orders are required to conduct fugitive emissions monitoring
and repair at frequencies ranging from annual to quarterly. Existing
oil and natural gas sources that are authorized under the UDEQ's GAO
are subject to fugitive emissions monitoring at varying frequencies
based on production levels and number of leaks detected.
---------------------------------------------------------------------------

    \100\ The docket for this rulemaking (Docket ID No. EPA-R08-OAR-
2015-0709) contains an approval for coverage under the GAO for a
Crude Oil and Natural Gas Well Site and/or Tank Battery (DAQE-
MN149250001-14).
---------------------------------------------------------------------------

    The final FIP applicability threshold is consistent in part with
the UDEQ's LDAR applicability threshold, though the final FIP also
requires any additional sources where daily production exceeds 15 boe
per day to conduct an LDAR inspection program, which is consistent in
part with NSPS OOOOa. The LDAR inspection frequency requirements of
this U&O FIP are the same as the Utah Oil and Gas Rules and NSPS OOOOa.
For oil and natural gas sources that may have obtained coverage under
the UDEQ's approval orders or the GAO, we concluded that the UDEQ's
LDAR inspection frequency requirement is different than the LDAR
inspection frequency requirements for oil and natural gas sources under
this U&O FIP, which may require monitoring frequencies for only certain
sources that are equivalent to this U&O FIP.
    We are finalizing a provision allowing for the use of alternative
methods of leak detection, other than EPA Reference Method 21 or
optical gas imaging instrument, to demonstrate compliance with the
fugitive emissions monitoring requirements, provided the method is
approved by the EPA. We are finalizing language specifying that to be
approved by the EPA, a demonstration that the alternative method
achieves emissions reductions that equal or exceed those that would
result from the application of either Method 21 or optical gas imaging
instruments must be made and any proposed approval by the EPA will be
subject to public notice and comment.
5. VOC Emissions Control Requirements for All Sources
    Sections 49.4179 (VOC emission control requirements for tank truck
loading), 49.4180 (VOC emission control requirements for pneumatic
controllers) and 49.4181 (Other combustion devices) contain
requirements for all existing, new, and modified existing oil and
natural gas sources, regardless of source-wide or emission-unit-
specific emissions. Like the requirements in Utah's Oil and Gas Rules
for oil and natural gas sources in areas of the Basin where the EPA has
approved the UDEQ to implement the CAA, the U&O FIP's requirements are
as follows: (1) tank trucks used for transporting crude oil,
condensate, intermediate hydrocarbon liquids or produced water must be
loaded using bottom filling or submerged fill pipes; (2) all existing
pneumatic controllers must meet the pneumatic controller standards in
NSPS OOOO at 40 CFR 60.5390(b)(2) and (c)(2) and NSPS OOOOa at 40 CFR
60.5390a(b)(2) and (c)(2); and (3) all existing enclosed combustors,
flares present and operating at sources on a voluntary basis--that is,
those that are not required to control storage vessel, glycol
dehydrator, and pneumatic pump emissions (per 40 CFR 49.4173 through
49.4175)--must be equipped with an electronically controlled automatic
ignition device.
    Our requirements for truck loading/unloading diverge in one respect
from what the UDEQ is requiring in the Utah Oil and Gas Rule. The UDEQ
requires that VOC emissions from tank truck loading and unloading at
sources required to control storage vessel emissions be captured using
a vapor capture line and routed to the onsite combustor or a separate
combustor for VOC control. We are not finalizing an equivalent
requirement at this time, as we did not receive sufficient cost and
emissions reduction information during the public comment period for
this rulemaking to sufficiently evaluate the cost effectiveness of such
a requirement for the limited estimated emissions for truck loading/
unloading on Indian country lands within the U&O Reservation, based on
the UBEI2017-

Update.\101\ The inventory identifies 595 tpy VOC from truck loading/
unloading. Assuming that the annualized cost to install a vapor capture
line to an existing combustor is similar to that of routing pneumatic
pump emissions to a combustor (approximately $1,627 per source) and
assuming that there are approximately 2,165 sources that would be
required to add a combustor, such a requirement to install an
additional truck vapor capture line would result in high annualized
costs relative to the VOC emissions reductions that would be achieved
(over $6,000 per ton of VOC reduced per year).
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    \101\ The Oil and Natural Gas Sector Climate Review Proposed
Rule is soliciting comment and information that would help us better
understand the cost, feasibility, and emission reduction benefits
associated with controlling truck loading/unloading emissions. As
with LDAR applicability, we may revisit this rulemaking in the
future based on any final action we take under CAA section 111 with
the Oil and Natural Gas Sector Climate Review rulemaking.
---------------------------------------------------------------------------

    Concerning pneumatic controllers, the U&O FIP adopts by reference
the definitions of natural gas-driven pneumatic controller in NSPS OOOO
and OOOOa (40 CFR 60.5430 and 60.5430a, which are identical) and
requires owners/operators of affected pneumatic controllers (those
controllers not subject to and controlled in accordance with the
requirements for pneumatic controllers in NSPS OOOO or OOOOa) to meet
the standards established for pneumatic controllers in NSPS OOOO. We
are finalizing the requirement that owners/operators of affected
controllers meet the tagging requirements in 40 CFR 60.5390(b)(2),
60.5390(c)(2), except that the month and year of installation,
reconstruction, or modification is not required. This exception is
consistent with the Utah Oil and Gas Rules.
    Lastly, for existing enclosed combustors, flares present and
operating at sources that would not be required to comply with the
substantive VOC emissions control requirements of sections 40 CFR
49.4173 through 49.4177, we are finalizing a requirement that those
voluntarily operated control devices be equipped with an electronically
controlled automatic ignition device. This approach is the same as the
requirements of the Utah Oil and Gas Rules, which require automatic
igniters on all existing combustion devices. In contrast to the 40 CFR
49.4177 (VOC Emission Control Devices) requirements for devices used to
comply with this FIP's substantive VOC emissions control requirements,
we determined that it would be unreasonable to require voluntarily
operated devices to have a system to monitor proper operation of
devices used to ensure the presence of a flame at all times a gas
stream is routed to the device, and that such a requirement would
result in requirements for such sources on Indian country lands within
the U&O Reservation that are not comparable to requirements for such
sources in areas where the EPA has approved the UDEQ to implement the
CAA.

G. Monitoring and Testing Requirements

    For existing, new, and modified sources, in 40 CFR 49.4182
(Monitoring and testing requirements) we are requiring each owner or
operator to conduct source monitoring necessary for the practical
enforceability of the U&O FIP's VOC emission reduction requirements,
including: (1) monthly inspections of each cover and closed-vent
system, including storage vessel openings, thief hatches, pressure
relief valves, and bypass devices, to ensure proper condition and
functioning and for defects that can result in air emissions consistent
with the procedures in 40 CFR 60.5416a(c) [NSPS OOOOa], correcting or
repairing any defects identified within 30 days of identification; and
(2) monthly inspections of each VOC emissions control device to ensure
proper functioning and demonstrate compliance with the VOC emissions
control device requirements by (a) checking the control device and
parameter monitoring system for proper operation, including system
integrity and leak-free operation, at least once per calendar month;
(b) responding to any indication of pilot flame failure and ensuring
the pilot flame is relit as soon as practicably and safely possible
after discovery; and (c) monitoring visible emissions consistent with
the requirements in 40 CFR 60.5412(d), using EPA Method 22 visual
emissions testing to demonstrate there are no visible smoke emissions.
    These monitoring requirements are comparable on balance to those in
the Utah Permit Requirements and Utah Oil and Gas Rules, with some
exceptions made to ensure legally and practicably enforceable control
of VOC emissions. For example, the Utah Permit Requirements and Utah
Oil and Gas Rules require installation and operation of an automatic
ignition device and operations with no visible emissions for all VOC
control devices, but there are no corresponding monitoring requirements
to demonstrate compliance with those requirements. We expect that this
FIP's monitoring requirements for ensuring there is a constant ignition
source when gas is flowing to the control device and for visible
emissions testing will provide legal and practical enforceability.

H. Recordkeeping Requirements

    For existing, new, and modified sources, in 40 CFR 49.4183
(Recordkeeping Requirements) we are requiring that each owner or
operator of an affected oil and natural gas source keep specific
records to be made available upon request, in lieu of voluminous
reporting requirements. The records that must be kept include required
inspections, measurements, monitoring results, emissions calculations,
and deviations or exceedances of rule requirements and corrective
actions taken, as well as any manufacturer specifications and
guarantees or engineering analyses. These recordkeeping requirements
provide legal and practical enforceability for the control and emission
reduction requirements of this rule.

I. Notification and Reporting Requirements

    For existing, new, and modified sources, we are finalizing in 40
CFR 49.4184 (Notification and reporting requirements) to require that
each owner or operator of an affected oil and natural gas source
prepare and submit an annual compliance report, with the initial report
due April 1st of the calendar year following the effective date of the
final rule and must cover all affected operations for the previous
calendar year on and after the effective date of the final rule.
Subsequent annual reports are due on the same date each year as the
date the initial annual report was submitted and must cover all
affected operations for the previous calendar year. The report must
include a summary of deviations or exceedances of any requirements of
the final FIP and the corrective measures taken for a specific subset
of targeted required records for each enclosed combustor or flare, each
cover and closed-vent system, fugitive emissions monitoring inspection,
and each high-bleed controller, as identified in the rule. Annual
reports may coincide with Title V, NSPS OOOO or OOOOa or NESHAP HH
reports as long as all the required elements of the annual report are
included. Additionally, a report of results must be submitted for any
performance test we require. These reporting requirements provide legal
and practical enforceability for the control and emission reduction
requirements of this rule.

V. Significant Changes Since Proposal

    This U&O FIP, which is intended to address winter air quality
impacts from ozone pollution, contains a common set of VOC emissions
control requirements for certain existing, new, and modified oil and
natural gas sources on the Indian country lands within the U&O
Reservation. We consulted existing federal CAA oil and natural gas
source category standards in developing the VOC emissions control
requirements of this U&O FIP. To make VOC emissions control
requirements across the Basin consistent, this U&O FIP goes beyond the
federal standards in some cases, regulating equipment and activities
that are not covered by those standards but that are regulated by the
UDEQ. Such equipment and activities include small, remote glycol
dehydrators; low throughput storage vessels; tank truck loading and
unloading; and certain voluntarily operated control devices.
Applicability of the requirements, including for equipment and
activities that are regulated by the federal standards, is also
consistent with the applicability for equivalent equipment and
activities regulated by the UDEQ.
    As previously mentioned, the streamlined construction authorization
mechanism in the National O&NG FIP applies on the Indian country
portions of the U&O Reservation that are part of the Uinta Basin Ozone
Nonattainment Area, as a result of our recent separate action amending
the National O&NG FIP. Such true minor sources are required to register
and comply with the eight federal standards in the National O&NG FIP,
as applicable, to meet the preconstruction permitting requirements of
the Federal Indian Country Minor NSR Program. Compliance with the eight
federal standards in the National O&NG FIP, as applicable, does not
relieve the owners/operators from the other applicable VOC control
requirements of this U&O FIP, except that this U&O FIP exempts certain
equipment and activities from it that are in compliance with the
applicable requirements of the National O&NG FIP.
    We have made some changes to the requirements in the U&O FIP after
considering public comments and evaluating more recent emissions
inventories and air quality information. More details on our evaluation
of available information and reasons for these decisions are described
in our summary of responses to comments in Section VI of this preamble,
and in the RIA and Response to Public Comments documents for this final
rule.\102\
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    \102\ These documents can be found in the docket for this
rulemaking (Docket ID EPA-R08-OAR-2015-0709).
---------------------------------------------------------------------------

A. Final Rule Effective Date and Compliance Deadline

    In the proposed U&O FIP, we stated that we might issue a final
action based on the proposal as soon as the date of publication of a
final U&O FIP. We believed that there would be ``good cause,'' within
the meaning of 5 U.S.C. 553(d)(3), to make the final rule effective as
soon as published, if that proved necessary to ensure that this rule
began to provide emission reductions before the next winter ozone
season. As discussed above in Section II.D., winter ozone in the Uinta
Basin is a serious public health problem, which this final rule is
intended to help address. In addition, the reductions provided by this
rule are an integral part of the Agency's strategy to address the air
quality problem on the Indian country lands within the U&O Reservation
while maintaining a permitting mechanism that allows appropriate
continued oil and natural gas production. The primary other component
of that strategy is a separate action to amend the National O&NG FIP to
extend its geographic coverage to the Indian country portions of the
U&O Reservation that are part of the Uinta Basin Ozone Nonattainment
Area. Over the long term, we are relying on the VOC emissions
reductions achieved through this action to ensure that the previous
extension of the scope of the National O&NG FIP does not jeopardize air
quality.
    After careful consideration of the comments received, and of the
requirements under the Congressional Review Act (CRA) specifying that a
major rule may become effective no earlier than 60 days after it is
published in the Federal Register,\103\ the EPA is finalizing an
effective date 60 days after the final rule is published in the Federal
Register.
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    \103\ Id. at 5 U.S.C. 801(a)(3)(A). This rule is considered an
economically significant rule under Executive Order 12866, as a rule
that imposes costs or generates benefits of at least $100 million
per year, which is the same economic threshold applied in defining
what constitutes a ``major rule'' under the CRA (one that ``is or is
likely to result in . . . an annual effect on the economy of
$100,000,000 or more.'').
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    We proposed to require compliance by oil and natural gas sources
existing as of the effective date of the final rule no later than 18
months after the effective date of the final rule. We have revised that
compliance period to a 12-month compliance deadline. The proposed 18-
month compliance period was informed by what we had learned about the
time needed for sources in areas of the Basin where the EPA has
approved the UDEQ to implement the CAA to comply with Utah's
requirements for oil and natural gas sources. We had been informed by
UDEQ compliance staff that the majority of existing oil and natural gas
sources in areas of the Basin where the EPA has approved the UDEQ to
implement the CAA that had been required to install VOC emission
control retrofits in had completed the required retrofits within 9
months of the effective dates of their minor source approval orders,
ahead of the 18-month deadline in UDEQ approval orders for operators to
notify the UDEQ of the status of retrofit construction.\104\ The UDEQ
estimated that approximately 1,600 existing sources had been required
to install retrofits to control emissions from the collection of all
storage vessels, glycol dehydrators, and/or pneumatic pumps on non-
Indian country lands in the Uinta Basin. For the proposal, on the other
hand, we estimated that there were approximately 2,100 sources on
Indian country lands within the U&O Reservation that would be subject
to such requirements in this U&O FIP. We considered it likely in light
of this larger number of sources, and the presumably finite
availability of equipment and personnel, that owners and operators
would need longer than 9 months to complete the necessary retrofits to
the greater number of Indian country sources. Therefore, we proposed an
18-month compliance deadline for the U&O FIP as reasonable to
accommodate the challenges of procurement of equipment and labor to
complete the retrofits of a larger number of sources. Using the
UBEI2017-Update, we now estimate that 2,165 existing sources on the
Indian country lands within the U&O Reservation will be required to
install retrofits to control emissions from the

collection of all storage vessels, glycol dehydrators, and pneumatic
pumps under this U&O FIP, which is only slightly more than the number
of existing affected sources estimated for the proposed FIP using the
UBEI2014.
---------------------------------------------------------------------------

    \104\ Email correspondence with UDEQ staff regarding their
source inventory and experiences regulating existing oil and natural
gas sources in areas of the Basin where the EPA has approved the
UDEQ to implement the CAA is included in the docket for this
rulemaking (Docket ID No. EPA-R08-OAR-2015-0709). UDEQ compliance
staff target each new approval order for inspection within 18 months
of the date it is issued. They document the status of construction
at the time of inspection and note whether the permitted source has
provided a notification of construction status, which is required
within 18 months of the date the approval order is issued. UDEQ
compliance staff have inspected hundreds of such existing oil and
natural gas sources without observing any compliance issues with the
18-month notification requirement. While UDEQ compliance staff do
not compile this information into any readily available summary
format, details about the status of construction are included in the
inspection report for each source.
---------------------------------------------------------------------------

    Although the number of estimated affected sources is still higher
than the number in areas where the EPA has approved the UDEQ to
implement the CAA, after considering public comments received on the
proposed 18-month compliance deadline and the demonstrated need for
more near-term air quality benefits to improve air quality in and
around the U&O Reservation, we have revised the proposed 18-month
compliance period to a 12-month compliance period from the effective
date of the rule. In the EPA's judgment, this shorter compliance
schedule (especially when combined with the 60-day effective date) will
sufficiently accommodate the potentially limited availability of
equipment and personnel, and thus still reasonably allow industry to
comply with the new requirements in a timely manner, while also
ensuring that meaningful reductions will be achieved that will help
make progress toward future attainment. Further, potentially affected
owners and operators have been on notice of the possibility that these
rules might come into effect since the proposed FIP was published in
January 2020.
    We also enhanced the final FIP to specify the process the EPA would
take to decide requests for extension of the compliance period, in
particular adding the requirement that the request be submitted before
the compliance deadline, identify the specific provisions for which an
extension is being requested and include an alternative compliance
deadline, and provide a rationale for the request with supporting
information explaining how the operator will effectively meet all
applicable requirements after the requested alternative compliance
deadline.

B. Triennial Emissions Inventory

    In the proposed FIP we contemplated establishing the due date for
the submittal of annual emissions covering the first triennial
inventory year 2020 as October 1, 2021, to allow operators time to set
up an appropriate emissions tracking and reporting system. However,
given the time that has elapsed since the proposal, we are revising the
proposal to require the first triennial emissions inventory to cover
calendar year 2023, with the first inventory due on April 15, 2024, and
thereafter, every three years, the inventory will be due on April 15th
of the year following the inventory year. This is in line with the
UDEQ's triennial emissions inventory collection, and the schedule for
the NEI. This revised schedule will also allow additional time for
operators to set up an appropriate emissions tracking and reporting
system, according to the instructions we will make available on our
website for the rule once it is finalized.

C. Streamlined Construction Authorization

    In the proposed FIP we contemplated moving the authority for
streamlined construction authorization mechanism of true minor oil and
natural gas sources on the Indian country portions of the U&O
Reservation that are part of the Uinta Basin Ozone Nonattainment Area
in the National O&NG FIP (through 40 CFR part 49, subpart K) to this
FIP, so as to consolidate air quality requirements for oil and natural
gas sources in the Indian country portions of the U&O Reservation that
are part of the Uinta Basin Ozone Nonattainment Area within one part of
the Code of Federal Regulations, which we believed could provide a more
efficient and user-friendly approach. However, we have decided not to
finalize that approach in this FIP because, after further
consideration, including consideration of public comments received, we
believe that modifying the National O&NG FIP is unnecessary.

D. Applicability

    In the proposed FIP, we defined some terms, such as storage tank,
pneumatic pump, pneumatic controller, and fugitive emissions component,
in a way that were different from the definitions of equivalent
equipment and activities in NSPS OOOO and OOOOa. The proposed FIP was
designed in part for consistency with NSPS OOOO and OOOOa and the Oil
and Gas CTG, and for consistency with the Utah Oil and Gas Rules (which
were also designed for consistency with NSPS OOOO and OOOOa). After
considering public comments received, and for ease of implementation
and compliance, we have revised the proposed definitions, and are
finalizing definitions that are consistent with those in NSPS OOOO and
OOOOa.
    Another difference with NSPS OOOO and OOOOa and the Oil and Gas CTG
that was identified in comments on the proposed FIP is in the method
used to calculate VOC emissions from the collection of all storage
vessels to determine applicability of the control requirements for
storage vessels, glycol dehydrators and pneumatic pumps in 40 CFR
49.4173 through 49.4177. We proposed that VOC emissions from the
collection of all storage vessels should be calculated based on
uncontrolled actual emissions. To provide consistency with NSPS OOOO
and OOOOa and the Oil and Gas CTG, we are finalizing requirements that
VOC emissions from the collection of all storage vessels be calculated
based on potential emissions, which may account for enforceable control
requirements already applicable to certain storage vessels. The Utah
Oil and Gas Rules require all storage vessels located at a well site
that are in operation as of January 1, 2018, with a site-wide
throughput of 8,000 bbl or greater of crude oil or 2,000 bbl or greater
of condensate per year on a rolling 12-month basis, to control
emissions unless an exemption applies that total VOC emissions from the
collection of all storage vessels are demonstrated to be less than 4
tpy of uncontrolled actual emissions (defined as actual emissions or
the potential to emit without considering controls) on a rolling 12-
month basis. Emissions to meet the exemption must be calculated using
direct site-specific sampling data and any software program or
calculation methodology in use by industry that is based on AP-42
Chapter 7. A separate provision allows controls to be removed after a
minimum of one year of operation if source-wide throughput is less than
8,000 bbl crude oil or 2,000 bbl condensate on a rolling 12-month basis
or uncontrolled actual VOC emissions are demonstrated to be less than 4
tons per year. For sources that operate only storage vessels and not
glycol dehydrators or pneumatic pumps, the proposed 8,000 bbl of crude
oil/2,000 bbl of condensate throughput applicability threshold for
control of storage vessel emissions was the same as the control
applicability threshold for storage vessels in the UDEQ's recently
adopted Utah Oil and Gas Rules. However, based on public comments
received on the proposed rule, we decided not to finalize the
production-based threshold for oil and natural gas sources with only
storage vessels and no glycol dehydrators or pneumatic pumps. Several
commenters expressed the view that, while they appreciated the effort
to establish consistent requirements across all areas of the Basin,
determining applicability for VOC combustion control requirements would
be simpler and more straightforward if applicability was based solely
on the annual facility-wide VOC emissions threshold for storage
vessels, glycol dehydrators and pneumatic pumps of 4 tpy.

    We noted in the preamble to the proposed U&O FIP that in January
2019, the Utah Air Quality Board approved an additional rule in the
Utah Administrative Code Chapter R307-500 Series (Oil and Gas) at R307-
511 to manage associated gas from a completed oil well by either
routing it to a process unit for combustion, routing it to a sales
pipeline, or routing it to a VOC control device, except for emergency
release situations. This rule was approved after we had drafted and
evaluated the emissions reductions and costs of the provisions in the
proposed U&O FIP. We noted our intent to evaluate and consider
incorporating equivalent associated gas requirements in a final U&O
FIP. After careful consideration of the comments received and
evaluation of the data used to estimate associated gas emissions in the
UBEI2017-Update used to analyze the costs and benefits of this final
FIP, we have decided not to finalize requirements to control associated
gas emissions in the U&O FIP, because we do not have adequate
information specific to the Uinta Basin operations to accurately assess
and develop cost-effective requirements.
    In the proposed U&O FIP, we based the applicability of the
requirement to implement a semiannual fugitive emissions monitoring
program on whether the oil and natural gas source was required to
control facility-wide emissions from the collection of all storage
vessels, glycol dehydrators, and pneumatic pumps. After considering
public comments on the proposed FIP, we have revised the proposed
fugitive emissions monitoring applicability, and in the final rule are
requiring semiannual fugitive emissions monitoring for each owner or
operator of an oil and natural gas source where either of the following
is true: (1) As proposed, the collection of fugitive emissions
components is located at an oil and natural gas source that is required
to control VOC emissions according to 40 CFR 49.4173 through 49.4177 of
this FIP (i.e., the source-wide potential for VOC emissions from the
collection of all storage vessels, glycol dehydrators, and pneumatic
pumps is equal to or greater than 4 tpy, as determined according to 40
CFR 49.4173(a)(1)); or (2) As revised, the collection of fugitive
emissions components is located at a well site, as defined in 40 CFR
60.5430a, that at any time has total production greater than 15 boe per
day based on a rolling 12-month average.
    The Uinta Basin generally encompasses an area of over 6,800 square
miles with hundreds of miles of dirt roads connecting over 10,000 oil
and natural gas wells. According to the Updated 2017 Uinta Basin
Emissions Inventory (UBEI2017-Update),\105\ the average number of wells
per well pad is 1.5. The inventory shows that fugitive emissions are
the second highest VOC emissions source on Indian country lands within
the U&O Reservation, at about 15,600 tpy. Studies have been conducted
specific to the Uinta Basin that investigated the sources of VOC
emissions from oil and natural gas production operations. Certain high
emitting sources, or ``super-emitters,'' are likely due to abnormal
process conditions.\106\ Examples of abnormal process conditions, which
could be persistent or episodic, include: failures of storage vessel
control systems; malfunctions upstream of the point of emissions (for
example, stuck separator dump valve resulting in produced gas venting
from storage vessels); design failures (for example, vortexing or gas
entrainment during separator liquid dumps); and equipment or process
issues (for example, over-pressured separators, malfunctioning or
improperly operated dehydrators or compressors).\107\ A July 2017 study
by Utah State University, TriCounty Health Department, and the UDEQ
surveyed 400 oil and natural gas well pads using an IR camera for
fugitive emissions detection at storage vessels and found that
emissions plumes were detected at 37 percent of well pads where the
storage vessels were controlled. A November 2018 Utah State University
study employed a hybrid of both ground based and aerial IR detection
methods. The study found that the majority of observed fugitive
emissions plumes originated from storage vessels (over 75 percent) and
that facilities where emissions were detected were primarily younger,
high production facilities with more liquid storage vessels, and, in
the case of the aerial observations only, that primarily produce oil.
The study found that emissions that were more likely to be
characterized as large were observed at well pads with controlled
storage vessels. The emissions were observed upstream of the control
device, from thief hatches, vents and piping on the tanks. The results
of these two studies strongly suggest that a significant quantity of
emissions from controlled storage vessels were not reaching the
designated control device. Requiring owners and operators of oil and
natural gas sources that are required to control storage vessel,
dehydrator and pneumatic pump emissions to implement a LDAR program
will help reduce fugitive emissions from well sites with controlled
storage vessels. We acknowledge that the definition of fugitive
emissions component in the final U&O FIP excludes valves, connectors,
pressure relief devices, open-ended lines, flanges, covers, closed-vent
systems, thief hatches, and other openings associated with storage
vessels or closed-vent systems subject to the control requirements of
40 CFR 49.4173 and 49.4176. Those activities are subject to specific
integrity monitoring requirements in 40 CFR 49.4182, discussed later in
this section, to ensure that 100 percent of the emissions are routed
either to a process or an emissions control device. However, the LDAR
requirements of final 40 CFR 49.4177 do apply to components associated
with storage vessels and closed-vent systems that are not subject to
the requirements of 40 CFR 49.4173 and 49.4176. We expect that the
combination of the LDAR requirements of final 40 CFR 49.4177 and the
integrity monitoring requirements of final 40 CFR 49.4182 will
effectively reduce VOC emissions from equipment leaks at oil and gas
sources with controlled storage vessels.
---------------------------------------------------------------------------

    \105\ UBEI2017-Update. The inventory and supporting analysis can
be viewed in the docket for this rulemaking, Microsoft Excel
spreadsheet titled, ``UO FIP cost and emissions analysis.xlsx''
(Docket ID No. EPA-R08-OAR-2015-0709).
    \106\ Zavala-Araiza, D., Alvarez, R. A., Lyon, D. R., Allen, D.
T., Marchese, A. J., Zimmerle, D. J., & Hamburg, S. P.; ``Super-
emitters in Natural Gas Infrastructure are Caused by Abnormal
Process Conditions,'' Nature Communications 8, 14012 (2017).
    ``Storage Tank Emissions Pilot Project (STEPP): Fugitive Organic
Compound Emissions from Liquid Storage Tanks in the Uinta Basin,''
Final Report to The Utah State Legislature (USU, TriCounty Health
Dept, UDEQ, July 17, 2017) available in the docket for this
rulemaking (Docket ID No. EPA-R08-OAR-2015-0709).
    ``Hydrocarbon Emission Detection Survey of Uinta Basin Oil and
Gas Wells''. November 2018. Bingham Research Center, Utah State
University, available in the docket for this rulemaking (Docket ID
No. EPA-R08-OAR-2015-0709).
    \107\ The UBEI2017-Update has not accounted for the phenomenon
of ``super-emitters.''
---------------------------------------------------------------------------

    We determined that to maximize VOC emissions reductions and the
resulting expected improvements in air quality on the U&O Reservation
and surrounding areas, finalizing a balance between the LDAR
applicability thresholds of the Utah Oil and Gas Rules and the CTG is
appropriate, as it will result in emissions reductions at more existing
sources than if we finalized the proposed applicability threshold. It
will not impose the requirement to implement an LDAR program at every
oil and natural gas source on the Indian country lands within the U&O
Reservation, which could potentially create a competitive disadvantage
to operating on the Reservation, resulting

in potentially negative economic impacts for the Ute Indian Tribe and
other mineral owners. We acknowledge that NSPS OOOOa currently contains
two different LDAR inspection standards for well sites and gathering
and boosting compressor stations controlling methane emissions and
those controlling VOC emissions and that the EPA has published a
proposed national rule to reduce methane and other pollutants from
existing, new, and modified sources in the oil and natural gas industry
that seeks to align those standards to require semiannual LDAR
inspections for all well sites (e.g., remove the exemption for low-
production wells) and quarterly LDAR inspections for all compressor
stations.\108\ We also acknowledge that the rule proposes to establish
new methane and VOC fugitive emissions monitoring standards for new and
modified sources and similar methane fugitive emissions monitoring
guidelines for existing sources.
---------------------------------------------------------------------------

    \108\ See 85 FR 63110. Nov. 15, 2021. Proposed Rule. Standards
of Performance for New, Reconstructed, and Modified Sources and
Emissions Guidelines for Existing Sources: Oil and Natural Gas
Sector Climate Review, available at https://www.regulations.gov
(Document ID #EPA-HQ-OAR-2021-0317-0001), accessed Mar. 14, 2022.
The regulatory inconsistencies stem from the recent joint resolution
under the Congressional Review Act that disapproved the 2020 Policy
Rule. That rule, which was issued by the previous Administration,
had eliminated important requirements to reduce methane and other
air pollution from new and modified sources in the oil and natural
gas source category. However, the joint resolution did not address a
separate 2020 rule known as the ``Technical Rule,'' which remains in
place today. The EPA is proposing to repeal amendments in the
Technical Rule that exempted low-production well sites from
monitoring fugitive emission; and changed VOC monitoring
requirements at gathering and boosting compressor stations from
quarterly to semi-annually.
---------------------------------------------------------------------------

    We expect that the final LDAR requirements of this FIP will result
in meaningful reductions in VOC emissions and ground-level ozone
production, significantly furthering our main objective for this U&O
FIP of improving air quality. We determined that, particularly for
existing sources, in order to meet our goal to provide consistent
requirements across the Uinta Basin, the LDAR inspection frequency
requirements in this U&O FIP should provide a measure of consistency
with the LDAR inspection frequency requirements in the Utah Oil and Gas
Rules, as those rules apply prospectively to all oil and natural gas
well sites on non-reservation Indian country lands in the Uinta Basin
that are not already subject to site-specific approval orders or the
GAO. If the sources in the Uinta Basin that are in areas where the EPA
has approved the UDEQ to implement the CAA are also subject to the LDAR
requirements of the NSPS OOOOa, the NSPS requirements supersede the
UDEQ requirements if the UDEQ requirements are less stringent.
Similarly, if the sources in the Uinta Basin that are regulated by the
EPA on Indian country lands within the U&O Reservation are subject to
the LDAR requirements of NSPS OOOOa, those sources are exempt from
complying with the LDAR requirements in this U&O FIP. We may revisit
this final action in the future based on any final action we take under
CAA section 111 with the Oil and Natural Gas Sector Climate Review
rulemaking to address application of LDAR at sources covered by this
FIP in a manner similar to the final national rule's provisions for
sources that it covers. Also, if the Uinta Basin Ozone Nonattainment
Area's Marginal classification is reclassified (``bumped up'') to a
Moderate nonattainment classification, or if air quality concerns
otherwise warrant, we may conclude that further rulemaking is necessary
or appropriate.
    We proposed general language in the fugitive emissions provisions
allowing for the use of methods of leak detection other than EPA
Reference Method 21 or optical gas imaging instrument to demonstrate
compliance with the fugitive emissions monitoring requirements,
provided the method is approved by the EPA. We solicited information in
the proposed U&O FIP on alternative methods of leak detection (e.g.,
aerial) that could potentially achieve meaningful and more cost-
effective reductions in fugitive VOC emissions that contribute to ozone
formation, and whether any of these advanced monitoring technologies
would be effective in the Uinta Basin and should be approvable as an
alternative leak detection compliance method under a final U&O FIP. We
also solicited input on the criteria that the EPA should consider in
approving alternative leak detection compliance methods, including
appropriate accuracy and quality assurance standards that alternative
methods would need to meet to demonstrate equivalency to onsite optical
gas imaging instruments or onsite EPA Reference Method 21. We noted
that specific descriptions of the approach, frequency of monitoring,
detection thresholds, limiting factors in detection, costs and
availability for alternative leak detection methods would be helpful.
We did not receive any new information on the costs and effectiveness
of alternative leak detection methods during the public comment period.
However, we did receive suggestions for criteria we should consider in
approving alternative leak detection compliance methods to demonstrate
equivalency to EPA Reference Method 21 or optical gas imaging. Based on
those comments, we have added language to the final FIP specifying that
to be approved by the EPA, a demonstration that the alternative method
achieves emissions reductions that equal or exceed those that would
result from the application of either Method 21 or optical gas imaging
instruments must be made and any proposed approval by the EPA will be
subject to public notice and comment.
    Studies specific to the Uinta Basin have investigated the viability
of leak detection method alternatives to conventional onsite instrument
detection, including detection methods from an aerial platform. One
study \109\ employed a helicopter-based infrared camera at an elevation
of approximately 50 meters above ground level to survey more than 8,000
oil and natural gas well pads in seven United States basins. The goal
of this aerial survey was to assess the prevalence and distribution of
hydrocarbon sources whose fugitive emissions were high enough to be
labeled high-emitters. At each site with detected emissions, the survey
team reported the site's location and the number and equipment type of
each observed emission source. Survey results indicated that high-
emitting sites constituted four percent of all the sites surveyed
across the seven basins examined. In the Uinta Basin, 1,389 well pad
facilities were flown over, and high emissions were observed at 6.6
percent of those well pads. Another previously discussed study \110\
that employed a hybrid of both ground-based and aerial IR detection
methods found that observations using an IR camera from a helicopter in
winter were hampered by the cold land temperatures of the background
against which the plumes would be observed. The ground-based part of
this study, as previously discussed, showed a fairly high prevalence of
observed emissions from controlled storage vessels.
---------------------------------------------------------------------------

    \109\ ``Aerial Surveys of Elevated Hydrocarbon Emissions from
Oil and Gas Production Sites,'' Environmental Science and
Technology, 2016, 50 (9), pp 4877-4886, publication date Apr. 5,
2016, available at http://pubs.acs.org/doi/abs/10.1021/acs.est.6b00705, accessed Mar. 14, 2022.
    \110\ ``Hydrocarbon Emission Detection Survey of Uinta Basin Oil
and Gas Wells''. Nov. 2018. Bingham Research Center, Utah State
University, available at available in the docket for this rulemaking
(Docket ID No. EPA-R08-OAR-2015-0709).
---------------------------------------------------------------------------

    We are finalizing the proposed provisions allowing operators to use

alternative methods of leak detection, other than EPA Reference Method
21 or optical gas imaging instruments, to demonstrate compliance with
the fugitive emissions monitoring requirements, provided the method is
approved by the EPA. We added language specifying that to be approved
by the EPA, a demonstration that the alternative method achieves
emissions reductions that equal or exceed those that would result from
the application of either Method 21 or optical gas imaging instruments
must be made and any proposed approval by the EPA will be subject to
public notice and comment. The total fugitive VOC emissions reduced
does not account for emissions due to abnormal process operations,
which was discussed earlier. Recognizing that technology used to
detect, measure, and mitigate emissions is rapidly developing, on July
18, 2016, the EPA issued a request for information, (RFI) \111\
inviting all parties to provide information on innovative technologies
to accurately detect, measure, and mitigate emissions from the oil and
natural gas industry. The intent of this notice was to solicit data
supporting alternative approaches to limit emissions from this
industry.
---------------------------------------------------------------------------

    \111\ See 81 FR 46670 (July 18, 2016).
---------------------------------------------------------------------------

E. Monitoring and Testing

    In response to several comments, and to clarify one provision, we
made some changes to the proposed monitoring requirements for covers
and closed vent systems and VOC emissions control devices to provide
more consistency with NSPS OOOO and OOOOa. The proposed requirements
for inspecting covers and closed vent systems were different than NSPS
OOOOa in that they did not allow the option to demonstrate compliance
by conducting optical gas imaging inspections on the same schedule as
fugitive emissions inspections. We have added that option to the final
FIP. Additionally, rather than adopt by reference the inspection
requirements of NSPS OOOOa at 40 CFR 60.5416a(c), we incorporated
streamlined inspection requirements for covers and closed vent systems
into a common set of provisions, because the separate provisions in
NSPS OOOOa are essentially the same. Although the preamble to the
proposed rule explained that it would require that facilities ``ensure
that each enclosed combustor or utility flare is. . . operated with no
visible smoke emissions,'' in the proposed regulatory text we
inadvertently mentioned only enclosed combustors, not flares, in the
provision requiring owners and operators to verify on a monthly basis
that there are no detectable smoke emissions. To make the regulatory
text of the FIP consistent with the intent explained in the proposed
rule as to flares, and also in response to comments that the FIP should
provide more consistency with NSPS OOOO and OOOOa, the monitoring
requirements being finalized today, consistent with NSPS OOOO and
OOOOa, require Method 22 monitoring for all VOC control devices. We
also streamlined the requirements to perform monthly inspections of the
covers closed-vent systems and monthly inspections of the VOC emissions
control devices, each separated by at least 15 days between each
inspection, to provide operators the flexibility to schedule
inspections in the same visit.

F. Recordkeeping and Reporting

    In response to several comments, we also made some changes to the
proposed recordkeeping requirements to provide more consistency with
the records that the UDEQ requires of oil and natural gas sources, as
well as with the records required by NSPS OOOO and OOOOa. Regarding
annual reports, we made changes to clarify in the final FIP the April
1st due date of each annual report, and that the reporting period for
the initial annual report will be the period beginning with the
effective date of the final rule through the end of that calendar year.
Additionally, in response to public comments that annual reporting
should be limited to targeted records that most efficiently indicate
the degree of compliance with the U&O FIP, we have specified a subset
of required records that must be summarized in the annual report
related to each enclosed combustor or flare, each cover and closed-vent
system, fugitive emissions monitoring and each high-bleed pneumatic
controller, including deviations from rule requirements and corrective
actions taken to address deviations.

VI. Summary of Significant Comments and Responses

    This section summarizes the significant public comments on the
proposed FIP and our response to those comments as they related to the
specific requirements being finalized today in this U&O FIP. More
detailed summaries of the comments and our responses are available in
the docket for this rulemaking.\112\
---------------------------------------------------------------------------

    \112\ Response to Public Comments. Proposed Federal
Implementation Plan: Managing Emissions from Oil and Natural Gas
Sources on Indian Country Lands within the Uintah and Ouray Indian
Reservation in Utah. May 2021, available in the docket for this
rulemaking (Docket ID No. EPA-R08-OAR-2015-0709).
---------------------------------------------------------------------------

A. Major Comments Concerning Effective Date and Compliance Deadline

    Comment: Industry commenters asserted that since the EPA has
determined that the rule is an economically significant regulatory
action subject to Office of Management and Budget Review under E.O.
12866, the rule must also be a ``major rule'' under the Congressional
Review Act, which mandates that it may become effective no earlier than
60 days after it is published in the Federal Register.
    Response: We agree and have finalized an effective date 60 days
after publication in the Federal Register.
    Comment: Industry commenters claimed that air quality studies in
the Uinta Basin and available air quality data support that emissions
reductions needed to attain the NAAQS only need to occur in the winter,
rather than year-round as the EPA proposed, and claimed it was
unreasonable and arbitrary that the EPA did not evaluate a seasonal
regulatory option.
    Response: We disagree that it was unreasonable or arbitrary not to
evaluate a seasonal regulatory option to address elevated ozone and
emissions reductions with this rulemaking. Through the stakeholder
outreach we participated in during the rulemaking process, we heard
feedback from the Ute Indian Tribe, the UDEQ, and oil and natural gas
operators alike that consistent regulatory requirements across all
areas in the Basin are important to ensuring a cohesive strategy to
improve air quality, providing regulatory certainty and avoiding
disadvantages to development in one area versus another. Based on
verified ozone measurements during summer months at regulatory monitors
in the Basin from 2017 to 2020, there have been at least a few
exceedances of the 8-hour ozone daily maximum, and many other readings
that have been close to the NAAQS. Imposing a seasonal control program
for this rulemaking when the UDEQ requires year-round controls and the
majority of the existing VOC emissions in the Basin are occurring on
the Indian country lands within the U&O Reservation was not considered
for several reasons. Doing so would continue inconsistent regulatory
requirements across all areas in the Basin, potentially creating
incentives to develop sources with higher emissions on the Reservation.
Seasonal emissions reductions requirements would be complex to
implement, enforce and quantify the effects to defensibly justify
continued

minor source development on the Reservation. The opportunity to achieve
VOC emissions reductions that could improve ozone air quality close to
the NAAQS during summer months would be lost. We may consider seasonal
emissions mitigation measures in a future rulemaking if additional CAA
nonattainment requirements are triggered.
    Comment: Environmental organization commenters asserted that the
EPA must ensure existing sources are in compliance immediately upon the
effective date of the final rule, rather than allowing an 18-month
period for affected sources to come into compliance. The commenters
claimed that the EPA failed to provide adequate justification for why
vendors need 18 months to provide equipment to owners and operators
when the estimated number of affected existing sources needing to
install retrofits is similar to the number that were cited as able to
install retrofits in in areas of the Basin where the EPA has approved
the UDEQ to implement the CAA. Commenters also asserted that the EPA
should promulgate the FIP with a specific process of how decisions will
be made to grant requested extensions of the 18-month compliance
period.
    Response: We acknowledge the commenters' requests urging the agency
to finalize and fully implement the FIP in a shorter timeframe than was
proposed. We disagree that existing sources should be required to have
all required controls installed immediately upon the effective date of
the final rule. The final FIP may require operators of an estimated
2,165 existing sources on Indian country lands within the U&O
Reservation to retrofit existing equipment and install combustion
devices, at an estimated capital cost of about $230 million. We
determined it would not be practical for affected operators to acquire
the necessary equipment from vendors and have it installed at that many
existing sources in two months. The evaluation of anecdotal information
from the UDEQ on the time it took a similar number of existing sources
to come into compliance was not comparable to the FIP, as the UDEQ's
approvals were spread out over time and that information was only used
as a data point to help inform our belief that a certain period of time
is appropriate to allow existing sources to come into compliance. We
agree, however, given the urgency of the need to improve air quality in
the Basin and the fact that owners and operators have been on notice
that the rule might come into effect since the proposed rule was
published in January 2020, the compliance period can reasonably be
shortened to ensure meaningful VOC emissions reductions will be
achieved in a timely manner. Therefore, we are finalizing a 12-month
period for existing sources to come into compliance with the FIP. We
have retained flexibility for operators to request extensions to the
compliance deadline but agree with commenters that the regulatory
language should specify the process the EPA would take to make
decisions granting requested extensions of the compliance period and
have included such language in the final rule.

B. Major Comments Concerning Regulatory Authority for Minor Source
Streamlined Construction Authorization

    Comment: Industry commenters asserted that, given the amendment of
the National O&NG FIP to permanently extend the streamlined approach
for approval of new and modified true minor oil and natural gas sources
to the portions of the Indian country lands within the U&O Reservation
that are part of the 2015 Uinta Basin Ozone Nonattainment Area was
already permanently finalized at its current location in the Code of
Federal Regulations (CFR), it is not necessary to remove the regulatory
authority from that FIP and add it to the final U&O FIP. The same
commenters also asserted that it is not appropriate to take comment on
the National O&NG FIP amendment as part of this rulemaking.
Environmental organization commenters asserted, on the other hand, that
the EPA must analyze the air quality impacts of the National O&NG FIP
amendment, claiming that the EPA failed to do so as part of that
action. The commenters noted that the EPA has a mandate under the CAA's
minor NSR provisions to ensure that implementation of the program
assures that the NAAQS are achieved and, therefore, cannot authorize
construction of new and modified sources in a nonattainment area unless
it demonstrates protection of the NAAQS through a modeling analysis and
a mechanism that tracks emissions consumed by new and modified sources
against emissions that are reduced.
    Response: We agree with commenters that it is not necessary to move
the location of the authority for the already-effective amendments to
the National O&NG FIP to the final U&O FIP. We disagree that the
proposed U&O FIP provided a fresh opportunity to comment on the merits
of the National O&NG FIP amendment and that the proposed U&O FIP should
have analyzed the air quality impacts of extending the National O&NG
FIP to the Indian country portions of the nonattainment area. That
action was promulgated through a separate rulemaking process \113\ and
was not challenged within the judicial review period of that regulatory
action and is thus today fully effective. At most, the proposal to
include this authority in the U&O FIP would have shifted the location
of already-existing authority within the CFR, which might have promoted
easier compliance for affected oil and natural gas sources but would
not have established any new requirements. In any event, we have
decided not to finalize the proposed shift in the location of the
authority to the U&O FIP, as we determined that the agency resources
required to revise the National O&NG FIP through the rulemaking process
would outweigh any streamlining advantage gained; thus, the authority
will remain in the National O&NG FIP, as established in the May 24,
2019, final rule.
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    \113\ See 84 FR 21240 (May 14, 2019).
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    Further, we disagree with the assertion that only modeling can
support a conclusion that substantial emissions reductions from this
FIP could be relied on to support authorization to construct new and
modified minor oil and natural gas sources under the National O&NG FIP.
Unlike the NSR program for major sources in nonattainment areas, the
minor NSR program does not require emissions offsets from existing
sources in authorizing construction of new or modified minor sources in
nonattainment areas, but rather requires the reviewing authority to
demonstrate that new or modified minor sources in a nonattainment area
would not cause or contribute to a NAAQS violation. The reviewing
authority is not required to conduct modeling of minor source emissions
to make such a demonstration. Rather, the rule provides the reviewing
authority discretion to require modeling if it is concerned that new
construction may cause or contribute to NAAQS violations. That
discretion in demonstrating NAAQS protection was at work in the action
to amend the National O&NG FIP, where we relied on existing source
emissions reductions that we expect will be achieved from
implementation of a U&O FIP. Based on our analysis of the current pace
of new development under the National O&NG FIP, we expect that these
reductions will far exceed the expected emissions from new
construction. Our estimate for the expected magnitude of future
development was based on a

quantitative analysis of the rate of new and modified true minor source
development and emissions increases on the Indian country lands within
the Uintah & Ouray Reservation for each of the full calendar years
since the effective date of the National O&NG FIP (2017-2019). We have
updated that estimate for the final FIP to include 2020 and 2021 and we
find that the pace of development has not noticeably changed, such that
development of new and modified true minor oil and natural gas sources
would need to occur at over 90 times the current pace of development to
consume the annual headroom that full compliance with this FIP is
expected to generate.\114\ With this reevaluation, we continue to
support the conclusion that the reductions achieved by this FIP will
create more than enough headroom for the current or higher rates of
development for years to come while first and foremost improving ozone
air quality. We plan to periodically reevaluate our assumptions in the
future based on changes in the pace of development and may take
additional actions to protect air quality as necessary or appropriate.
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    \114\ The analysis is included in the docket for this rulemaking
(Docket ID No. EPA-R08-OAR-2015-0709), Microsoft Excel spreadsheet
titled, ``OGFIP Emissions_UO_2017-2021.xlsx.''
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C. Major Comments Concerning Rule Applicability

    Comment: (VOC Emissions from Storage Vessels, Glycol Dehydrators
and Pneumatic Pumps) Environmental organization commenters claimed that
the proposed VOC emissions control requirements for storage vessels,
glycol dehydrators and pneumatic pumps should be strengthened to place
a priority on the option of routing emissions to a process to meet the
emissions reduction requirement over the option of combusting those
emissions. The commenters reference the EPA's FIP for the FBIR (FBIR
FIP) \115\ and NSPS OOOOa \116\ as examples where the EPA has
previously done this. The commenters also asserted that, to the extent
that the EPA does permit gas combustion, it must only permit the use of
VOC emissions control devices designed to reduce VOC emissions by 98
percent and require annual control efficiency performance testing for
those devices.
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    \115\ See 40 CFR 49.4164(d).
    \116\ See 40 CFR 60.5375a(a)(1)(ii) and 60.5375a(a)(3).
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    Response: Regarding the comment that priority should be codified
for the option of routing emissions to a process to meet the emissions
reduction requirement over the option of combusting those emissions, we
disagree. The commenters reference the EPA's FBIR FIP and NSPS OOOOa as
examples of placing such priority, but that is a misinterpretation of
the nuances of these regulations. The FBIR FIP allows lower-efficiency
combustion of produced gas during well completion and through the first
90 days of production (using what is commonly known as pit flares).
Within those first 90 days, the FBIR FIP requires all natural gas
emissions from production operations and storage operations to be
captured and routed through a closed-vent system to either a beneficial
process or a high-efficiency combustion device, only allowing limited
lower-efficiency combustion if routing to a process or high-efficiency
combustion is temporarily infeasible (not to exceed 500 hours
annually).\117\ The FBIR thus places a priority on routing to a process
or high-efficiency combustion over lower-efficiency combustion, but
there is equal allowance for routing to a process and routing to a
high-efficiency combustion device. NSPS OOOOa does prioritize routing
of produced gas to a process over combustion for each well completion
operation with hydraulic fracturing during the separation flowback
stage. However, the same prioritization is not expressed for treatment
of gases and vapors during ongoing production post-completion, which is
only covered under NSPS OOOOa for well sites through the requirements