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Questions or Comments: airperm@tceq.texas.gov

2024 OOOOc Rulemaking and State Plan for Existing Crude Oil and Natural Gas Facilities

Addition of new Division 7 to Chapter 113, Subchapter D, to implement the requirements of 40 CFR 60 Subpart OOOOc. This involves new emission guidelines and updated New Source Performance Standards, plus a requirement to prepare and submit a state plan.

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Background

On March 8, 2024, the United States Environmental Protection Agency (EPA) published emission guidelines for existing crude oil and natural gas facilities and published updated New Source Performance Standards (NSPS) for new and modified crude oil and natural gas facilities. States are required to prepare and submit state plans to implement federal Clean Air Act Section 111(d) emission guidelines adopted by EPA.

The purpose of the proposed rulemaking and Section 111(d) State Plan is to implement the emission guidelines for existing oil and gas facilities in 40 CFR Part 60, Subpart OOOOc and ensure that the State of Texas maintains the authority to regulate these sources.

The rule will address applicability, emission standards, monitoring, recordkeeping, testing, and reporting requirements for designated oil and gas facilities. The rules would set emission standards and/or control requirements for emissions of greenhouse gases (primarily methane) from existing facilities in this industry.

On January 15, 2025, EPA proposed two discrete technical changes to the rule relating to (1) temporary flaring for associated gas in certain situations and (2) vent gas net heating value continuous monitoring requirements and alternative performance test (sampling demonstration) option for flares and enclosed combustion devices. TCEQ and the Railroad Commission of Texas submitted joint comments on these changes on March 3, 2025. (Docket ID EPA-HQ-OAR-2024-0358)

On July 31, 2025, EPA took interim final action to extend the deadline to submit state or Tribal plans (or submit a negative declaration letter) to January 22, 2027. EPA originally accepted comments on this interim final action through September 2, 2025. The comment deadline was extended to October 2, 2025, with over 14,500 comments received. (Docket ID EPA-HQ-OAR-2025-0162)

TCEQ is monitoring EPA’s progress on the July 31, 2025, interim final action and potential future revisions that could impact current rulemaking.

Please check this webpage for updates on the rulemaking process and public involvement opportunities.

How to Provide Input

Stakeholder meetings are an opportunity for the community to learn more about the proposed new rule and state plan from TCEQ staff and provide informal comments prior to the start of the formal rulemaking process.

No upcoming stakeholder meetings are scheduled at this time. However, TCEQ staff are currently accepting written stakeholder comments. Please see below for information on how to submit written stakeholder comments.

Stakeholder Meetings

Stakeholder meetings were held in November and December 2024. See below for information on each stakeholder meeting held. Notice of the stakeholder meetings:  English and Spanish

Stakeholder Meeting Locations and Dates

  • November 6, 2024
    • Location: TCEQ Headquarters (12100 Park 35 Circle, Austin, TX)
    • Hybrid in-person and virtual meeting
  • November 14, 2024
    • Location: Arlington City Council Chambers (101 W. Abram Street, Arlington, TX)
    • In-person meeting
  • November 20, 2024
    • Location: University of Texas Permian Basin Center for Energy and Economic Diversification (North 1310 FM 1788, Midland, TX)
    • In-person meeting
  • December 9, 2024
    • Location: not applicable
    • Virtual meeting

Submit Written Stakeholder Comments

TCEQ staff are currently accepting written stakeholder comments. All comments should reference proposed rule project number 2024-027-113-AI. Written stakeholder comments may be submitted to David Munzenmaier, Air Permits Division, at david.munzenmaier@tceq.texas.gov.

We will review all comments we receive but will not formally respond.

Documents for the Proposed and Adopted Rule

  • Stakeholder Meeting Presentations (video recordings from the November 6, 2024, meeting held in Austin, Texas)

Timeline and Key Dates

Below is the anticipated timeline for rulemaking. (Subject to change based on EPA actions.)

  • Stakeholder Meetings (Informal Comments)
    • November - December 2024
  • Proposal Publication – May 2026
  • 30-day Public Comment Period – May through June 2026
  • Public Meeting (Formal Comments) – June 2026
  • Adoption (Commission Agenda) – December 2026
  • Adoption Publication (Notice of Issuance) – TBD
  • Effective Date – January 2027

Questions, Alternative Language Needs, and Accommodations

Information on the proposed rulemaking:

David Munzenmaier, Air Permits Division, at david.munzenmaier@tceq.texas.gov or 512-239-6092

General Questions:

Air Permits Division at airperm@tceq.texas.gov or 512-239-1250

Please check this webpage for updates on the rulemaking process or Envelope icon for e-mail sign up subscribe for email updates.