On 2 October 2023, we submitted comments to the Environmental Protection Agency (EPA) regarding its proposed revisions to Subpart W. MiQ’s response, linked here, demonstrates our support, critiques, and suggestions on the proposed revisions in full.
We have provided the EPA with suggestions to revisions of specific regulatory text where we believe EPA can improve its proposed requirements. Areas that we believe should be amended include the proposed use of advanced methane monitoring and measurement technologies that will lead to inconsistencies between operators, and the suggestion for the EPA to implement third-party verification requirements.
In general, MiQ supports the intent of EPA’s revisions and believe it is a significant improvement to current Subpart W methodologies, and a necessary improvement considering potential financial implications resulting from the looming Waste Emissions Charge. MiQ agrees with EPA’s approach to revise Subpart W to add methodologies for direct measurement where accurate and feasible, require the use of substantially more site-specific operating data in engineering calculations, and revise emission factors based on more recent studies to better reflect the state of more difficult-to-quantify sources.
We believe that proposed calculation methodologies for high-emitting sources will improve the accuracy of reporting, and better differentiate low-emitting operators vs. high-emitting operators. EPA has intentionally proposed calculation methodologies for sources that are believed to have led to the large differences seen in regional studies vs. currently reported bottom-up emissions.
To improve the proposed revisions, EPA must continue to strengthen reporting requirements to ensure operators are reporting emissions data consistently and comparably to their peers. Additional, standardized guidance would significantly help ensure a level playing field. We also share concerns with many other groups that these revisions, coupled with the proposed EPA methane rule, may disincentivize the use of advanced monitoring and measurement technologies. EPA must take steps to remedy this and can look to MiQ and other reputable voluntary initiatives for usable frameworks. With new financial implications tied to Subpart W, we also suggest EPA consider requirements for third-party verification of reporting to further assure the completeness of Supbart W reporting.