On December 9, 2022, the Environmental Quality Board (EQB) promulgated the following two rulemakings by amending Chapters 121 and 129 (relating to general provisions and standards for sources):
Control of VOC Emissions from Unconventional Oil and Natural Gas Sources: https://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol52/52-50/1924.html
Control of VOC Emissions from Conventional Oil and Natural Gas Sources: https://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol52/52-50/1925.html
These rulemakings establish Reasonably Available Control Technology (RACT) requirements and emission limitations for volatile organic compound (VOC) emissions from both conventional and unconventional oil and natural gas sources. Sources located at well sites, gathering and boosting stations, and natural gas processing plants include natural gas-driven continuous bleed pneumatic controllers, natural gas-driven diaphragm pumps, reciprocating and centrifugal compressors, fugitive emission components, and storage vessels. Storage vessels located within the transmission and storage segment are also included.
Although the primary goal is to reduce VOC emissions, the rulemakings also result in methane emission reductions as a co-benefit, since both pollutants are typically emitted during oil and gas operations. VOCs are precursors to ground-level ozone, which poses risks to public health, welfare, and the environment. Ground-level ozone forms through photochemical reactions between VOCs and nitrogen oxides (NOₓ) in the presence of sunlight—both of which are emitted by oil and gas sources. According to the United States Environmental Protection Agency (EPA), methane is a potent greenhouse gas with a global warming potential more than 28 times that of carbon dioxide over a 100-year period.
CONTROL OF VOC EMISSIONS FROM UNCONVENTIONAL OIL AND NATURAL GAS SOURCES
129.121. General provisions and applicability
129.122. Definitions, acronyms and EPA methods
129.123. Storage vessels
129.124. Natural gas-driven continuous bleed pneumatic controllers
129.125. Natural gas-driven diaphragm pumps
129.126. Compressors
129.127. Fugitive emissions components
129.128. Covers and closed vent systems
129.129. Control devices
129.130. Recordkeeping and reporting
CONTROL OF VOC EMISSIONS FROM CONVENTIONAL OIL AND NATURAL GAS SOURCES
129.131. General provisions and applicability
129.132. Definitions, acronyms and EPA methods
129.133. Storage vessels
129.134. Natural gas-driven continuous bleed pneumatic controllers
129.135. Natural gas-driven diaphragm pumps
129.136. Compressors
129.137. Fugitive emissions components
129.138. Covers and closed vent systems
129.139. Control devices
129.140. Recordkeeping and reporting
EPA Approval as a revision to the State Implementation Plan (SIP)
The two rulemakings were submitted to the EPA for approval as revisions to the Commonwealth’s State Implementation Plan (SIP) following their promulgation. On October 1, 2024, the EPA approved Pennsylvania’s SIP revision (EPA-R03-OAR-2023-0300; FRL-11403-02-R3), as published in the Federal Register. This SIP revision establishes RACT requirements for the 2008 and 2015 ozone National Ambient Air Quality Standards (NAAQS) for all categories of VOC sources in Pennsylvania, including those in Allegheny County, as covered by the EPA’s 2016 Control Techniques Guidelines (CTG) for the oil and gas industry.
Settlement Agreement
Pennsylvania Independent Oil & Gas Association, Pennsylvania Grade Crude Oil Coalition, and Pennsylvania Independent Petroleum Producers Association v. Department of Environmental Protection of the Commonwealth of Pennsylvania and Environmental Quality Board of the Commonwealth of Pennsylvania (574 M.D. 2022). On December 5, 2022, petitioners filed a legal challenge against the emergency regulation titled “Control of VOC Emissions from Conventional Oil and Natural Gas Sources,” asserting two counts for declaratory relief. Both parties agreed to pause the case to explore a settlement. The parties reached a settlement and requested the court to dismiss both counts of the petition and to clarify compliance dates and reporting deadlines under 25 Pa. Code §129.140(k) to ensure proper notice to the regulated industry. On April 8, 2025, the Commonwealth Court issued an order directing DEP to submit a copy of the Order to the Pennsylvania Bulletin. DEP published Pa. Bulletin notice on April 26, 2025.
Court Order Link or Pa. Bulletin notice (we can provide link on April 26th)
Initial Report and Reporting Requirements:
Reporting guidance, suggested templates, and additional information are available at Annual Reporting for the VOC Rules for Oil and Natural Gas Sources | Department of Environmental Protection | Commonwealth of Pennsylvania
Federal Requirements:
In addition to state requirements, sources are also subject to federal regulations. The EPA has finalized three New Source Performance Standards (NSPS) to reduce air pollution emissions from the Crude Oil and Natural Gas source category. The applicability dates for the three NSPS are as follows:
- 40 CFR Part 60, Subpart OOOO – Applies to new, modified, or reconstructed sources after August 23, 2011, and on or before September 18, 2015.
- 40 CFR Part 60, Subpart OOOOa – Applies to new, modified, or reconstructed sources after September 18, 2015, and on or before December 6, 2022.
- 40 CFR Part 60, Subpart OOOOb – Applies to new, modified, or reconstructed sources after December 6, 2022.
EPA website for controlling air pollution from Oil and Natural Gas operations can be found at https://www.epa.gov/controlling-air-pollution-oil-and-natural-gas-operations.
EPA’s Small Business Compliance Guides
40 CFR Part 60 Subpart OOOOb - 2024 Small Business Compliance Guide (PDF)
40 CFR Part 60 Subpart OOOOa - 2016 Small Business Compliance Guide (PDF)