Ensolum provides comprehensive air quality consulting services and is equipped to support oil and gas operators with permitting, air emissions modeling, regulatory analysis, emissions reduction strategies, and environmental data management. With that said, let’s explore the latest updates in the field of air quality
PM2.5 NAAQS UPDATE
The EPA updated the Annual PM2.5 Standard to 9.0 ug/m3 on May 6, 2024. States will need to submit recommendations for area designations under the new standard, with the EPA issuing final area designations in February 2026.
CARBONMAPPER SATELLITES
CarbonMapper joined the methane imaging satellite fray in August by launching a new methane and CO2 imaging satellite. These satellites typically take several months to fully commission, but data will likely be published on their public online portal, located here, by 2025.
TEXAS PLUGS OVER 1000 WELLS IN 2024
The Texas Railroad Commission reported that in Fiscal Year 2024, over 1,000 orphaned wells were plugged using state funds. This comes on the heels of increased research showing that many abandoned and unplugged wells can emit methane at an average rate of 30 scf/hour (CSU 2024).
COLORADO RULEMAKING UPDATES
Colorado ECMC Cumulative Impacts Rulemaking:
In early September, Colorado’s Energy & Carbon Management Commission (ECMC) began the hearing process for a new approach to the oil and gas permitting process known as cumulative impacts. While the ECMC is considering implementing a host of new requirements for O&G location approval – specifically regarding air impacts – it is mostly deferring to consultation with the Colorado Department of Public Health and Environment (CDPHE). However, the ECMC is contemplating penalizing or outright denying applications from companies that do not meet the intensity targets prescribed under CDPHE regulations. The final rules are expected by the end of September.
Colorado Landfill Emissions:
The CDPHE will be proposing methane reduction rules in 2025 for municipal solid waste landfills to achieve the state’s 2030 climate goals. A technical working group is meeting regularly from August through November to discuss feasible options for these rules. Recordings of these meetings are available here. The CDPHE has scheduled a rulemaking hearing for mid-July 2025.
Colorado OOOOc Implementation:
In August, the CDPHE began holding stakeholder meetings to provide information on its adoption of OOOOc. Based upon 2022 inventory data presented by the CDPHE, the largest reductions will come from the conversion of pneumatic controllers. The Division intends to request rulemaking in February 2025 to implement OOOOc controller requirements.
Colorado Midstream GHG Reductions:
After a multi-year process kicked off by the December 2021 rulemaking – which required the establishment of the Midstream Steering Committee and a midstream segment emissions reduction plan – the CDPHE has proposed regulatory language for the upcoming rulemaking hearing in December 2024. The midstream rules mandate a 20% reduction in GHG emissions from certain fuel combustion equipment across the midstream segment by 2030, compared to 2015 levels. Among other provisions, the rules outline reduction targets, disproportionately impacted (DI) community emission caps, and GHG credit trading. The proposed rules can be reviewed in the rulemaking docket folders available online here.
Colorado Air Toxics:
To meet HB22-1244, the CDPHE convened a scientific working group to recommend priority toxics air contaminants and the associated health-based standards for an upcoming rulemaking. The group has been meeting since early 2024 and will continue meeting through February 2024 to provide recommendations for a rulemaking in May 2025. Group meeting documents can be found here.
NEW MEXICO RULEMAKING UPDATES
New Mexico Permit Fee Updates:
In August, the New Mexico Environmental Department (NMED) proposed to repeal and replace its existing operating permit, construction permit, and annual criteria pollutant emissions fees. The NMED opened a 15-day comment period of the Hearing Officer’s Report released on 8/30/2024. Stakeholders are arguing that a 500% fee increase should go to the legislature for approval rather than the Environmental Improvement Board (EIB). The next monthly EIB meeting is scheduled for September 27th where a ruling on the fee increase may be made.
New Mexico Civil Penalty Policy:
The NMED revised its Civil Penalty Policy on 9/4/2024 with an effective date of 10/4/2024. The policy increases penalties, allows the AQB to assess administrative compliance costs, and specifies a new Appendix C that outlines how self-audits require AQB Chief approval prior to commencement. The updated policy can be viewed here.
New Mexico Regional Haze SIP:
To meet the Regional Haze Rule Section 308 of the Clean Air Act, the NMED has proposed a revised State Implementation Plan (SIP) and companion rule 20.2.68 NMAC for a rulemaking hearing in December 2024 before the EIB. These rules target 23 specific facilities, many gas plants or compressor stations, which will require increased emission reduction measures of NOx within up to 3 years of the approval of the SIP by the EPA. The proposed rule can be viewed here.
WYOMING RULEMAKING UPDATES
The Environmental Quality Council (EQC) will hold a rulemaking on 10/23/2024 regarding proposed updates to the Wyoming Department of Environmental Quality (WDEQ) rules. These changes aim to update CFR citations, correct outdated website links, adjust the PM2.5 standard to align with the new federal annual standard, adopt 40 CFR Part 60 Subparts UU and OOOOb, and remove the Affirmative Defense provisions. The rulemaking information can be found online here.
FEDERAL RULEMAKING UPDATES
Federal & Tribal Land Regulations:
In a hit to the BLM’s Waste Prevention Rule, a US District Court judge in September temporarily halted the rule implementation in North Dakota, Texas, Utah, Montana, and Wyoming. An appeal is likely coming from the Interior Department (BLM).
A FEW UPCOMING DEADLINES
– 10/31/2024: Annual OOOOa report due
– 1/1/2025: 30% of existing engines or turbines applicable to NM Ozone Precursor Rule must meet Table 2 Standards. 65% of existing wellhead-only facilities must be OGI or M21 inspected. 30% of existing applicable storage vessels must have capture or control
