In December 2023, EPA issued a final rule to reduce emissions of methane and other air pollutants from existing and new crude oil and natural gas operations, including oil and natural gas production, processing, transmission, and storage. The rule, referred to as Subpart OOOOb, includes new Standards of Performance, outlines new requirements to reduce VOC emissions and methane gas. These rules also included emission guidelines for states to limit methane emissions from existing sources.
The rule requires states to develop and submit to the EPA a State Plan for existing oil and gas facilities by March 9, 2026. This plan is required under what is referred to as Subpart OOOOc, and includes emission guidelines that the state plan is required to meet at a minimum. The Utah Division of Air Quality is seeking feedback from stakeholders as we develop this plan and supporting rules.
Implementation and impact
An initial review of facilities in Utah indicates there are 2,900 oil and gas facilities registered under the permit-by-rule, 608 permitted oil and gas minor sources and 20 permitted oil and gas major sources. A combination of modifying current rules, implementing new rules and potentially modifying existing permits will be required to fully implement the emission guidelines provided in OOOOc.
Engagement opportunities
Public meetings
DAQ will offer public meetings to provide information on the new rule and required state plan for existing sources. You will also have the opportunity to offer input on potential flexibility as we develop regulations:
- Oct. 29, 2024: Roosevelt – USU Extension Campus, 2-4 pm
- Oct. 31, 2024: Virtual Meeting, 2-4 pm
- Nov. 7, 2024: Moab – Grand Center, Moab, 2-4 pm
Submit a written comment
Submit a written comment using our online form. Comments may be submitted anonymously.
Join our email list
Sign up to receive email updates about future opportunities to engage or for notice of upcoming proposed rulemaking.
Contact us directly
Email Sheila Vance at [email protected].
State plan requirements
Utah will be responsible for submitting a plan to the EPA outlining how existing oil and natural gas sources (constructed before December 6, 2022) will come into compliance with the emission guidelines provided in OOOOc. This will include a compliance plan to have all affected facilities be in compliance three years after submission of the plan to the EPA.
The plan must include the following elements:
- Compliance schedules for each designated facility or logical grouping of designated facilities.
- Standards of performance for designated facilities that are at least as stringent as the emission guidelines contained in 40 CFR part 60, subpart OOOOc. Standards for performance for designated facilities must apply at all times, including periods of startup, shutdown, and malfunction.
- Performance testing, monitoring, recordkeeping, and reporting requirements.
- Documentation of meaningful engagement
- Public hearing
- Provision for state progress reports to the EPA.
- Identification of enforceable state mechanisms that are selected for implementing the emission guidelines.
- Demonstration of Utah’s legal authority to carry out the Clean Air Act section 111(d) state or tribal plan.
Current proposed timeline
- Dec. 6, 2022: Rule applicable to facilities in operation prior to this date.
- Dec. 2, 2023: EPA issued final rule
- October to December 2024: Stakeholder feedback period
- February 2025: DAQ tentative timeline for draft OOOOc rules for advanced rulemaking notice
- June 2025: DAQ tentative timeline to propose rules to Air Quality Board for public comment
- September/October 2025: DAQ tentative timeline to present rules to Air Quality Board for final adoption
- November/December 2025: DAQ tentative timeline to present State Plan to Air Quality Board for public comment
- March 2026: DAQ tentative timeline to present State Plan to Air Quality Board for final adoption
- March 8, 2026: State Plan due to EPA
- March 9, 2029: All designated facilities in compliance
EPA Resources
The EPA’s website contains useful information about the oil and gas rules. A link to EPA’s website is below, along with links to the final rule, rule requirements summary, presentations, and an overview video.
- EPA Website on Oil and Gas
- EPA Documents
- EPA Overview Presentation
- EPA Presentation for Small Business and Industry
- Small Entity Compliance Guide
- EPA Overview Video
- The EPA Overview Video gives a broad overview of the final rule.
Background
Utah is one of the largest producers of oil and natural gas in the nation, ranking ninth in oil production. Oil and natural gas production results in the release of air pollutants in the form of volatile organic compounds (VOCs), methane and other hazardous air pollutants. Nitrogen oxides (NOx) are emitted from cars, trucks and engines associated with oil and natural gas operations. When VOCs and NOx are emitted, through a photochemical reaction it contributes to the formation of ozone pollution. The majority of oil and natural gas exploration and production occurs in the northeastern corner of Utah in the Uinta Basin, which is currently not attaining the 2015 ozone standard under the Clean Air Act.
The Division of Air Quality regulates the oil and natural gas industry through Utah’s state administrative rules. There are air permitting rules and a series of rules that regulate sources via a permit by rule approach. There are also requirements for oil and natural gas sources under EPA federal regulations where applicable. In particular, there are Standards of Performance for Crude Oil and Natural Gas Facilities commonly referred to as Subpart OOOO. These standards were first introduced in 2012 and were updated in 2016, Subpart OOOOa, with some adjustments occurring in following years.