SUPPLEMENTARY INFORMATION:

Throughout this proposed rule, the use of “we,” “us,” or “our” is intended to refer to the EPA. We use multiple abbreviations and terms in this proposed rule. While this list may not be exhaustive, for ease of reading and for reference purposes, the EPA defines the following terms and acronyms here: CAA, Clean Air Act; CBI, Confidential Business Information; CFR, Code of Federal Regulations; EPA, Environmental Protection Agency; FR, Federal Register ; GHG, Greenhouse Gas.

Table of Contents

I. Executive Summary

A. What action is the EPA taking?

B. What is the legal authority and What are the requirements?

II. Background

III. Summary of Puerto Rico's Submittal

IV. The EPA's Evaluation of Puerto Rico's Submittal

V. Statutory and Executive Order Reviews

I. Executive Summary

A. What action is the EPA taking?

The EPA is proposing to amend 40 CFR part 62 to formally reflect the receipt and approval of Puerto Rico's negative declaration regarding existing crude oil and natural gas facilities subject to the Emission Guidelines for Greenhouse Gas Emissions from Existing Crude Oil and Natural Gas Facilities codified under 40 CFR part 60, subpart OOOOc.

B. What is the legal authority and what are the requirements?

Pursuant to section 111(d) of the Clean Air Act and 40 CFR part 60, subpart OOOOc, State regulatory agencies are required to submit implementation plans establishing methane emission standards for existing crude oil and natural gas facilities. Jurisdictions failing to submit an approvable plan will be subject to a Federal implementation plan, while States and territories lacking any such designated facilities are permitted to satisfy these mandates by submitting a formal negative declaration.

II. Background

The Clean Air Act (CAA) requires State regulatory agencies to implement Federal emission guidelines and associated compliance schedules through a State plan developed under CAA section 111(d). Section 111(d) of the CAA requires the establishment of performance standards for specific existing stationary sources. The air pollutants regulated under this section are restricted to those not already designated as criteria air pollutants under 42 U.S.C. 7408(a) or hazardous air pollutants under 42 U.S.C. 7412. Pursuant to this statutory mandate, on March 8, 2024, the U.S. Environmental Protection Agency (EPA) codified 40 CFR part 60, subpart OOOOc, which requires State and territorial agencies to implement emission guidelines and compliance timelines controlling greenhouse gas (GHG) emissions within the crude oil and natural gas source category ( See89 FR 17140, March 8, 2024). The targeted GHG emissions under subpart OOOOc consist of methane emissions from designated facilities that commenced construction, modification, or reconstruction on or before December 6, 2022, as specified in 40 CFR 60.5362c.

Section 111(d)(1) of the CAA mandates that States submit a formal plan to the EPA for review and approval that establishes, implements, and enforces these standards of performance. If a jurisdiction fails to submit an approvable State-specific plan, the EPA is required to prescribe an overarching Federal implementation plan. However, if a State or Territory contains no designated facilities within a regulated source category, it must submit a formal negative declaration in lieu of a State Plan; the negative declaration relevant to this action is governed by the procedural requirements of 40 CFR 60.23a(b), 62.06, and 60.5362c(b). In accordance with this regulatory framework, the Commonwealth of Puerto Rico has submitted a formal negative declaration in lieu of a CAA section 111(d) State Plan.

III. Summary of Puerto Rico's Submittal

The Emissions Guidelines for Greenhouse Gas Emissions from Existing Crude Oil and Natural Gas Facilities, codified under 40 CFR Part 60, subpart OOOOc, apply to jurisdictions containing one or more onshore designated facilities in the crude oil and natural gas source category that are listed under 60.5386c(a) through (h), for which construction, modification, or reconstruction commenced on or before December 6, 2022.

On March 26, 2025, the Commonwealth of Puerto Rico submitted a formal negative declaration to the EPA certifying that the Commonwealth does not contain any existing crude oil and natural gas facilities subject to subpart OOOOc within its jurisdiction.

IV. The EPA's Evaluation of Puerto Rico's Submittal

The EPA is proposing to amend 40 CFR part 62 to formally reflect the receipt and approval of Puerto Rico's negative declaration regarding existing crude oil and natural gas facilities. In accordance with these regulations, the EPA proposes to find that the submission serves in lieu of a Clean Air Act (CAA) section 111(d) State Plan for ( printed page 55315) the designated crude oil and natural gas source category. Pursuant to the administrative procedures of part 62, the EPA is soliciting public comment on the regulatory interpretations and facility analyses discussed in this proposed action. All submitted comments will be reviewed and evaluated prior to the agency executing a final rule amending 40 CFR part 62, subpart BBB—Puerto Rico.

V. Statutory and Executive Order Reviews

Under the CAA, the EPA is required to approve a CAA section 129/111(d) submission that complies with the provisions of the Act and applicable Federal regulations ( See42 U.S.C. 7411(d); 42 U.S.C. 7429; and 40 CFR part 62, subpart A). In reviewing CAA section 129/111(d) submissions, EPA's role is to approve State choices, provided that they meet the criteria of the CAA and its implementing regulations. States are allowed to submit a negative declaration in lieu of a State plan ( See40 CFR 60.23a(b), 62.06, and 60.5362c(b)). Accordingly, this proposed action merely notifies the public of the EPA's receipt of Puerto Rico's negative declarations for crude oil and natural gas facilities and proposes to revise 40 CFR part 62, subpart BBB to reflect this. For that reason, this proposed action:

• Is not a significant regulatory action subject to review by the Office of Management and Budget underExecutive Order 12866 (58 FR 51735, October 4, 1993);
• Is not anExecutive Order 14192 (90 FR 9065, February 6, 2025) regulatory action because this action is not significant under Executive Order 12866;
• Does not contain any information collection activities and so does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
• Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
• Does not contain any unfunded mandate, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), or significantly or uniquely affect small governments;
• Does not have federalism implications as specified inExecutive Order 13132 (64 FR 43255, August 10, 1999) because it will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government;
• Is not subject toExecutive Order 13045 (62 FR 19885, April 23, 1997) because it approves a State program, it is not a significant regulatory action under section 3(f)(1) of Executive Order 12866, and because the EPA does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children;
• Is not a significant regulatory action underExecutive Order 12866 and thus is not subject to Executive Order 13211 (66 FR 28355, May 22, 2001); and
• Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA. This action does not involve technical standards.

In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian Tribe has demonstrated that a Tribe has jurisdiction. In those areas of Indian country, the rule does not have Tribal implications and will not impose substantial direct costs on Tribal governments or preempt Tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

Authority: 42 U.S.C. 7401 et seq.

91 FR 55313