Under the EPA’s recent New Source Performance Standard (NSPS) OOOOb, Emissions Guidelines (EG) OOOOc, and Subpart W for Greenhouse Gas (GHG) reporting, we often hear that operators will face potential fines or penalties if Super Emitter Program (SEP) events or Other Large Release Events (OLRE) are identified.
While formal enforcement is possible, it typically only occurs under specific conditions, such as willful illegal behavior, repeated preventable events, or not meeting the specific requirements of a given standard.
Let’s dig in a little deeper to each rule and determine how enforcement risk can be minimized.
Key Focus Areas for Risk Reduction
Understanding NSPS OOOOb/EG OOOOc and SEP
These regulations define super-emitter events as emissions of 100 kg/hr or more of methane, detected by third-party technology and reported to the EPA. To minimize enforcement risk, focus on:
- Immediate Response: After being notified of a SEP event, initiate an investigation within 5 days and complete it within 15 days.
- Submit a Report: The investigation must meet rule requirements, and a detailed report is due within 15 days of the notification.
- Report Detail: This report includes, but is not limited to, whether the operator was able to identify the source of the SEP event, whether the source was on the operator’s facility, and whether the event was ongoing (if so, a description of the plan to end the super-emitter event).
- Comply Fully: As long as the investigation is thorough and compliant with 40 CFR Part §60.5371b, enforcement action is unlikely unless there’s evidence of negligence or knowing and willful non-compliance with the rule or any part of the Clean Air Act.
Managing Subpart W and Other Large Release Events (OLRE)
Effective January 1, 2025, Subpart W introduces an additional source, OLRE, categorized with two thresholds:
- For sources not subject to Subpart W reporting (e.g., well blowouts, fires, explosions), an OLRE is any methane release of 100 kg/hr or more.
- For sources subject to Subpart W reporting, an OLRE is a methane release of 100 kg/hr or more above the emissions calculated using Subpart W methods.
To avoid enforcement:
- Submit Accurate Reports: Accurately report OLREs in your Subpart W report, following the event duration guidelines in 40 CFR Part §98.233(y)(2) to (5).
- The rule requires operators to determine or estimate the duration of an event, up to 91 days, unless there is sufficient evidence, like data from a continuous monitoring system, to suggest a different timeframe.
- Overlap with SEP: SEP events under OOOOb must also be included in your GHG report.
- Comply Fully: Similar to OOOOb, identification and proper reporting of an OLRE following all applicable rules would not typically trigger enforcement action with fines or penalties from the EPA – unless there was evidence of knowing and willful violation of the Subpart W rules or any applicable section of the Clean Air Act.
Waste Emissions Charge (WEC) Rule
Under the proposed WEC rule, methane emissions above the intensity may result in fees. It’s crucial to differentiate between financial penalties for rule violations and fees that result from exceeding emissions thresholds.
Summary
The bottom line: Operators won’t likely face fines under SEP (OOOOb) or OLRE (Subpart W) if they comply with the respective rules and the Clean Air Act.
Why it matters: Emissions over proposed WEC thresholds could still result in fees, but those are different from penalties for breaking the rules.
To minimize the risk of fines or penalties:
- Adhere to EPA timelines for investigating and reporting super-emitter events.
- Follow Subpart W reporting guidelines for OLREs and properly report SEP events.
- Understand the WEC rule, as exceeding emissions thresholds can incur charges separate from penalties for non-compliance.
Staying compliant with all aspects of NSPS OOOOb, OOOOc, and Subpart W ensures that operators can mitigate the risk of enforcement action.