Pub. 3 2021-2022 Issue 3

EPA Emissions Banking Rule for the U&O Reservation — EPA has solicited feedback on the most effective and efficient means to establish a bank of ozone-precursor emission reduction credits (ERCs) that may be generated and used for several air quality planning purposes. Specifically, the credits could be utilized to achieve the ozone National Ambient Air Quality Standard (NAAQS), general conformity demonstrations, and new source review (NSR) permitting related to the development of new ozone-precursor emissions sources in the Uinta Basin Ozone Nonattainment Area in Utah. UPA has been active on this proposal in the past and will be tracking for any progress, although we expect to see movement on the U&O FIP first. https://www.reginfo.gov/public/do/ eAgendaViewRule?pubId=202110&RIN=2008-AA04 https://www.regulations.gov/docket/EPA-R08-OAR-2019-0002 EPA DAAD (Determination of Attainment by Attainment Date) — The EPA proposes granting a one-year attainment date extension for the Uinta Basin, Utah, nonattainment area. EPA also proposes to determine that the Northern Wasatch Front and 23 other areas failed to attain the standard by their applicable attainment date resulting in such areas being reclassified by operation of law to “moderate” upon the effective date of the final reclassification notice. Consequently, the responsible state air agencies must submit state implementation plan (SIP) revisions required to satisfy the statutory and regulatory requirements for Moderate areas for the 2015 ozone NAAQS. UPA plans to submit comments on the DAAD regarding the Uintah Basin and the Northern Wasatch Front. https://www.federalregister.gov/ documents/2022/04/13/2022-07513/determinations-ofattainment-by-the-attainment-date-extensions-of-theattainment-date-and PHMSA: Extension of Reporting Requirements, Regulation of Large, High-Pressure Lines, and Other Related Amendments — PHMSA published a final rule Nov. 15, 2021, extending federal pipeline safety oversight to all onshore gas gathering pipelines, requiring reporting of safety information and extending safety requirements of gas transmission lines to gas gathering lines. This rule has an effective date of May 16, 2022. UPA held a lunch and learned about this rule. https://www.phmsa.dot.gov/news/new-federal-regulationsadd-more-400000-miles-gas-gathering-pipelines-underfederal-oversight PHMSA: Requirement of Valve Installation and Minimum Rupture Detection Standards — PHMSA published another final rule, effective Oct. 5, 2022, requiring the installation of remotely controlled or automatic shut-off valves or alternative equivalent technologies on new and replaced onshore natural gas, carbon dioxide, and other hazardous liquid pipelines six inches in diameter or greater with additional operating and emergence response procedure requirements. https://www.phmsa.dot.gov/news/phmsa-announcesrequirements-pipeline-shut-valves-strengthen-safety-improveresponse-efforts EPA FIP Addressing Regional Ozone Transport for the 2015 Ozone National Ambient Air Quality Standard (AKA Good Neighbor Rule) — EPA proposes establishing nitrogen oxides emissions budgets requiring fossil fuel-fired power plants in 25 states to participate in an allowance-based ozone season trading program beginning in 2023. Also, to establish nitrogen oxide emissions limitations applicable to certain other industrial stationary sources in 23 states (including Utah) with the earliest possible compliance date of 2026. These industrial sources Continued on page 14 The EPA proposes granting a one-year attainment date extension for the Uinta Basin, Utah, nonattainment area. EPA also proposes to determine that the Northern Wasatch Front and 23 other areas failed to attain the standard by their applicable attainment date resulting in such areas being reclassified by operation of law to “moderate” upon the effective date of the final reclassification notice. 13 UPDATE

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