Reducing Emissions of Methane and Other Pollution from Oil and Natural Gas Operations

A state plan is a written agreement between a state and the federal government that outlines how the state will implement, enforce, or achieve compliance with a specific federal program. It is often used in contexts where federal regulations provide overarching requirements but allow states some flexibility in tailoring implementation to local needs and conditions. In this case, the “Methane Rule” (Subpart OOOOc Emissions Guidelines for Greenhouse Gas Emissions from Existing Crude Oil and Natural Gas Facilities) is the federal program to reduce methane emissions, and the state plan is Pennsylvania’s written plan of action to administer the program.

A state plan is different than a State Implementation Plan (SIP), which is broader and addresses how states will achieve and maintain compliance with National Ambient Air Quality Standards (NAAQS) in a region. It requires various components such as modeling, monitoring, and specific control measures.

A state plan must include compliance schedules for each designated facility; standards of performance for designated facilities; performance testing, monitoring, recordkeeping, and reporting requirements; documentation of meaningful engagement on the plan; certification that the required hearing on the state plan was held, a list of witnesses and their organizational affiliations, if any, appearing at the hearing, and a brief written summary of each presentation or written submission; provision for state progress reports to EPA; identification of enforceable state mechanisms that you selected for implementing the emission guidelines; and demonstration of Pennsylvania’s legal authority to carry out the Clean Air Act section 111(d) state plan.

The Department met with industry, environmental, non-governmental, community, and public health stakeholders to hear their feedback on the state plan. Additionally, the Department presented and took questions from members of the Air Quality Technical Advisory Committee, Small Business Compliance Committee, Grade Crude Development Advisory Committee, and the Oil & Gas Technical Advisory Board during the development of this proposed state plan.

The Department will be hosting a webinar for the public to learn more about the details of the state plan. Details of the webinar will be posted to this webpage.

The Department will publish the state plan for public comments and five regional public hearings and one virtual public hearing.  The regional public hearings will be held in the Northeast, Northwest, Northcentral, Southwest, and Central offices.

The EPA determined in the final rule - 40 CFR Part 60 Subparts OOOOb and OOOOc – what qualifies as a designated facility.

The DEP is planning to develop a General Permit concept to enforce this federal rule. The GP will be available for public comment separately from the state plan. The Department will submit the GP to EPA as a part of the state plan.

Under the Remaining Useful Life and Other Factors (RULOF) mechanism, states may apply a standard of performance to a particular designated facility that is less stringent than the general requirements of OOOOc.

Under the RULOF mechanism, states may apply a standard of performance to a particular designated facility that is less stringent than the general requirements of OOOOc. RULOF requires that the reduced standard be no less stringent than necessary to address the fundamental differences of the facility and the information the EPA considered in determining the degree of emissions limitations for OOOOc.

To use RULOF, facilities must submit a demonstration to the department for evaluation to determine whether a less stringent standard is applicable. These demonstrations must show that facilities cannot reasonably achieve the degree of emission limitation based on one or more of the following:

1. unreasonable cost of control resulting from plant age, location or basic process design;
2. physical impossibility or technical infeasibility of installing necessary control equipment; or
3. other factors specific to the facility

EPA’s Super Emitter Program was designed with a focus on new and existing sources where methane emissions events exceeding 100 kilograms (220.5 lbs) per hour have been identified.

This program specifically involves third-party monitoring groups, who will use remote sensing technologies to detect and collect data on these large emissions events. Third parties are not authorized to enter facilities.  After third parties submit data, EPA then reviews the data and contacts owner/operators, who must then investigate and make repairs.

The Super Emitter Program is completely under EPA’s purview.  Sources subject to OOOOc are covered under the SEP and may be surveyed by third parties, as the program affects both new and existing sources.

The EPA may impose a federal plan which may be more stringent than the emissions guidelines set forth by Pennsylvania.

Owners and operators have until the first quarter of 2029 to become compliant.