Frequently Asked Questions: General Questions
View frequently asked questions about EPA's 2024 final rule for oil and natural gas operations - general questions. On this page:
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Are single wells on private or residential property affected by NSPS OOOOb?
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How are various sources defined as “modified” or “reconstructed”?
Are single wells on private or residential property affected by NSPS OOOOb?
40 CFR part 60 subpart OOOOb does not limit applicability based on the type of ownership or type of property where the well is located. Rather, rule applicability is based on assessment of three factors:
- Whether the facility in question is within the defined crude oil and natural gas source category (e.g., Is the facility in question in the production, processing, or transmission and storage segment of the crude oil and natural gas source category?);
- The date of construction, modification, or reconstruction (e.g., Did the facility in question commence construction, modification, or reconstruction after December 6, 2022?); and
- The type of facility (e.g., Is the facility listed as an affected facility identified in §60.5365b).
Please refer to 40 CFR § 60.5360b, 60.5365b, and 60.5430b.
Please be aware that if your affected facility commenced construction, modification, or reconstruction prior to December 6, 2022, you may be subject to other New Source Performance Standards (e.g., 40 CFR part 60 subpart OOOO or OOOOa) and/or a future state or federal plan implementing the Emission Guidelines (40 CFR part 60 subpart OOOOc).
Does NSPS OOOOb apply to liquefied natural gas facilities?
While a liquified natural gas (LNG) facility is not itself a defined affected facility under NSPS OOOOb, if a LNG facility is located within the crude oil and natural gas source category (i.e., in the production, processing, or transmission and storage segments prior to or upstream of the local distribution company custody transfer station to the distribution segment) and there are affected facilities covered by NSPS OOOOb at such LNG facility (such as process controllers, pumps, storage vessels, centrifugal compressors, etc.), then NSPS OOOOb would apply to those defined affected facilities that are located at the LNG facility. If the LNG facility is located downstream of the local distribution company custody transfer station in the distribution segment, then NSPS OOOOb would not apply, because the crude oil and natural gas source category does not include the distribution segment.
Please refer to 40 CFR § 60.5360b, 60.5365b, and 60.5430b.
Please note that the above explanation regarding applicability of NSPS OOOOb to LNG facilities is also applicable for such facilities within the context of 40 CFR part 60 subpart OOOO or OOOOa as well as for the Emission Guidelines at 40 CFR part 60 subpart OOOOc.
How are various sources defined as “modified” or “reconstructed”?
As explained in Table 5 to Subpart OOOOb of Part 60, the General Provisions at 40 CFR § 60.14 (defining “modification”) and § 60.15 (defining “reconstruction”) apply to sources covered in NSPS OOOOb.
For § 60.14, modification, Table 5 explains, “[t]o the extent any provision in § 60.14 conflicts with specific provisions in subpart OOOOb, it is superseded by subpart OOOOb provisions.” For § 60.15, reconstruction, Table 5 explains, “[e]xcept that § 60.15(d) does not apply to wells (i.e., well completions, well liquids unloading, associated gas wells), process controllers, pumps, centrifugal compressors, reciprocating compressors, storage vessels, or fugitive emissions components affected facilities.”
For information on particular sources, please see the following provisions, which specify the affected facilities subject to additional definitions of “modification” and “reconstruction”:
- Well site affected facilities at § 60.5365b(a)(1), (a)(2), (a)(3);
- Process controller affected facilities at § 60.5365b(d);
- Storage vessel affected facilities at § 60.5365b(e)(3);
- Process unit equipment affected facilities at § 60.5365b(f)(1);
- Pump affected facilities at § 60.5365b(h); and
- Fugitive emissions component affected facilities at § 60.5365b(i).