The two most common for oil and gas facilities are Standard Permits and Permits by Rule. TCEQ currently issues Standard Air Permits for specific operations that are well characterized. Standard Permits, unlike PBRs, must be renewed Additional Information. the following counties: Cooke, Dallas, Denton, Ellis, Erath, Hill, Hood, Jack, Each facility must be operated at least 50 feet If you or I were caught driving without a license, you can bet there would be bigger consequences than just having to go get them. To use the standard permit, MLO facilities must meet all the requirements in the standard permit, register and pay a fee. SIC Code 4612 covers establishments primarily engaged in the pipeline transportation of crude petroleum. Our clients benefit from our interdisciplinary approach that combines subject-matter knowledge with skilled advocacy by experienced practitioners at the administrative, legislative, trial and appellate levels. Further, the proposed SP includes extensive fugitive emissions requirements, such as Leak Detection and Repair (LDAR) program requirements. A typically require air emissions permits from TCEQ may be eligible for authorization through a standard air quality permit for oil and gas facilities, a new source review permit, or a specific air permit by rule for projects in the 15 counties located over the Barnett Shale. Air Quality Standard Permit for Oil and Gas Handling and Production Facilities Effective November 8, 2012 (a) Applicability. Additionally, the amendments extended the deadline for the historical notification requirement in Section 30 TAC 106.352(f) from January 1, 2013 to January 15, 2015. Breitling The Department of Forestry and Fire Protection cannot attest to the accuracy of a non-CAL FIRE site. Copyright 2015 Breitling Consulting, LLC. TCEQ Adopts New Oil and Gas Permit By Rule and Study Details: WebBy its action, the TCEQ replaced the current Permit by Rule ("PBR") for oil and gas production facilities with a new PBR for those facilities (30 Tex. June 3, 2016: The EPA has published the direct final adoption of the changes to 40 CFR 60 NSPS Subpart OOOOa. Learn more on the Oil and Gas Wastewater Stakeholder Group webpage. Volatile Organic Compound (VOC) emissions are the permit application once the Standard Permit becomes effective. December 19, 2022 The Railroad Commission of Texas (RRC) has adopted new versions of the Irrevocable Letter of Credit (Form P-5LC) and Performance Bond (Form P-5PB), related to the execution, and filing of financial security by oil & gas and pipeline operators under their jurisdiction. applied for by facilities that dont meet the requirements for a Permit On January 26, 2011, the Texas Commission on Environmental Quality ("TCEQ") adopted new air permitting rules for oil and gas handling and production facilities in the Barnett Shale. The site is a perfect example of the systemic regulatory failures in the state of Texas. The standard permit became effective on April 1, 2011 and applied only in the following counties making up the Barnett Shale region of the state: Archer, Bosque, Clay, Comanche, Cooke . These facilities dont require a permit to operate nor do they have to be registered with the TCEQ. These requirements include routine inspection of all equipment, minimum distance from operations to the property line, equipment minimum discharge parameters, and continuous hydrogen sulfide (H2S) monitoring. The impacts from the spill were devastating, both environmentally and economically. Petro-Hunt, L.L.C. to be applied for by the majority of the State of Texas with the exception of TCEQ's Implementation of the NPDES Program for Oil and Gas Discharges [VIDEO] Thursday, May 13, 2021. Whether registering for the new non-rule standard permit for a Barnett Shale project, or the 116.620 standard permit for anywhere else in the state, a registration for and oil and gas standard permit should contain certain items. For all other new projects and dependent facilities Title 30, Texas Administrative Code (30 TAC) Sections 116.601-615, and (30 TAC) Section 116.620 apply. In December of 2020, the Texas Commission on Environmental Quality (TCEQ) proposed a new non-rule Standard Permit (non-rule SP) for Marine Loading Operations (MLOs). In the event the facility changes [i] The 30 day comment period ends on January 22 and instructions for the submittal of written comments are provided in the notice. The amendments removed Archer, Bosque, Coryell, Clay, Comanche, Eastland, Shackelford, and Stephens counties from the applicability of 30 Texas Administrative Code (TAC) Section 106.352(a)-(k) and from the non-rule air quality standard permit, 30 TAC Section 106.352(l) will apply to PBR facilities in the removed counties constructed on or after November 22, 2012. Admin. As mentioned above, these rules may differ from the list of current rules in each of the 35 Air Districts. Since many of these sites are not registered with the TCEQ at all, when a site does surpass the De Minimis level there is little that can be done to hold them accountable. As a result of Earthworks complaints, TCEQ determined this to be the case when it investigated Pickpocket 21. There are. The Pipeline and Hazardous Materials Safety Administration (PHMSA) has issued a signed interpretation letter dated December 4, 2019 clarifies the PHMSA Drug and Alcohol Testing regulations in 49 Code of Federal Regulations (CFR) Part 199. Regulations for oil and gas discharges will remain the same as current federal standards. While complying with these requirements carries a certain additional burden and expense to operators in Texas, the alternative to proactively managing and complying with these requirements is less desirable for both the operators and the State. This aspect of the Clean Air Act of 1970 is spearheaded by the TCEQ and is a serious effort to enforce federal requirements at the state level so Texas can have greater control over its environmental signature particularly as it relates to our vital hydrocarbon resources. opportunity for comments before the Commission. every 10 years or the permit will expire. The Texas Commission on Environmental Quality's (TCEQ's) "Permit by Rule" (PBR) program allows the regulated community to efficiently design, construct, start-up, and operate a substantial number of differing types of air emission facilities. Please try again. The state agency Texas Commission on Environmental Quality (TCEQ) is the permitting authority. Case results do not guarantee or predict a similar result in any future case. Big Win for Colorado Community: A chronic polluter shut down, EPA, Dont Give Hilcorp a Free Pollution Pass, Protecting Climate from Oil & Gas Methane Pollution, 1612 K ST., NW, Suite 904, Washington, D.C., 200061-202-887-1872 [email protected]/Tax ID: #52-1557765. TCEQ is expected to act later this year to extend applicability of the new PBR and Standard Permit to facilities in the rest of the state. SIC Code 4923 covers establishments engaged in both the transmission and distribution of natural gas for sale. Case results depend upon a variety of factors unique to each case. Next Allied has extensive experience with Air Permitting issues and a good rapport with the regulators. Air contaminants from upstream oil and gas operations are of concern to the TCEQ. An intrastate hazardous liquid pipeline is a pipeline that is located entirely within the borders of the State of California, including offshore state waters. Commission on Environmental Quality (TCEQ) Oil & Gas Air Standard Permits, No Harm Letter Review OSFM conducts six different types of inspections on pipeline operators and two different types of inspections on each pipeline system every five years. Further, a standard operating permit can be issued more quickly than a minor NSR permit that would cover many MLOs facilities. An impact evaluation must be conducted if there In addition, operations like Pickpocket 21 can, despite operator claims, pollute more than the De Minimis limit. Attorney Advertising. Admin. Families on the front lines of mining, drilling, and fracking need your help. As a result, Earthworks filed eight regulatory complaints . emission limitations for a PBR or having an off-site receptor within a quarter Below is a link to the California SIP approved rules. September 23, 2013: The EPA has published the direct final adoption of the changes to 40 CFR 60 NSPS Subpart OOOO. Admin. Termination of COVID-19 Stay of Enforcement Discretion. The TCEQ is always seeking comment and input on improving or clarifying guidance and tools. fax: 512-239-2101, Site Help | Disclaimer | Site Policies | Accessibility | Website Archive | Our Compact with Texans | TCEQ Homeland SecurityStatewide Links: Texas.gov | Texas Homeland Security | TRAIL Statewide Archive | Texas Veterans Portal 2002-2022 Texas Commission on Environmental Quality. The Pipeline Safety Division has sole authority for the inspection and enforcement of federal and state regulations for intrastate pipelines within the State of California. Parker, Somervell, Tarrant, and Wise. counties. Dallas, Denton, Ellis, Erath, Hill, Hood, Jack, Johnson, Montague, Palo Pinto, Parking permits are now required for street parking. Copyright 19962023 Holland & Knight LLP. In addition, some agencies make changes to their rules that may not have been submitted for approval into the SIP or have yet to be acted on by EPA if submitted into the SIP. The hallmark of Holland & Knight's success has always been and continues to be legal work of the highest quality, performed by well prepared lawyers who revere their profession and are devoted to their clients. Public records in the possession of the Department of Forestry and Fire Protection which are not exempt from disclosure under thePublic Records Act (CGC section 6250)shall be available for inspection, and copies of such public records shall be provided, pursuant to these guidelines. Having a Standard Permit for your MLOs can be advantageous. requirements if submitting a renewal after December 31, 2015. mile of a sour gas facility (>25ppm of hydrogen sulfide). Copyright 2015 Breitling Consulting, LLC. These inspections focus on specific sections of federal pipeline safety regulation and consist of a thorough records inspection, a procedure review, and a pipeline system field inspection component. to April 1, 2011, will be required to adhere to several aspects of the newer Non-Rule A .gov website belongs to an official government organization in the United States. The Texas Commission on Environmental Qualitys (TCEQ) requirement for permitting of emissions from oil and gas production facilities is a cooperative effort between the EPA and the State of Texas (in agreement with the Texas Railroad Commission). On October 31, 2012 the Texas Commission on Environmental Quality (TCEQ) adopted amendments to the permit by rule and standard permit for oil and gas handling production facilities. An official website of the United States government. Click "accept" below to confirm that you have read and understand this notice. NSR Permit. Title 30 Texas Administrative Code (TAC), Chapter 116, Subchapter B requires facilities that may emit air contaminants to obtain authorization prior to construction. Air Quality Standard Permit for Oil and Gas Facilities, Air GOP No. Currently, MLOs are permitted in Texas either with a group of permits by rule (PBRs) that do not provide much operational flexibility or with a case-by-case New Source Review (NSR) permit. November 20, 2012: Amendments to Section 106.352, Oil and Gas Handling and Production Facilities and the Air Quality Standard Permit for Oil and Gas Handling and Production Facilities. We help you prove and permit your emissions so you can focus on the task of getting your resources to the load line, pipeline or sales point. The "Non-Rule" Standard Permit is considerably more restrictive than the "Rule" Standard Permit. The proposed non-rule SP, if finalized, would apply to MLOs at both new minor source sites and existing sites and would provide operational flexibility to applicants. All permits must be submitted online via STEERS as of February 1, 2018. Petro-Hunt, L.L.C., a Dallas, Texas mid-sized independent oil and gas exploration company, is seeking a Regulatory/HSE Compliance Specialist for its Midland office. highlights of the Rule Standard Permit include: The Rule Standard Permit serves as an intermediate Equipment, including flares, capture systems, and tanks, have requirements specific to the types of equipment authorized. This designation is used for an operation that emits below certain pollution thresholds established by the TCEQ. Texas Commission on Environmental Quality Proposes a Non-rule Standard Permit for Marine Loading Operations, Environmental, Social, and Governance (ESG), Reciprocating Internal Combustion Engines (RICE), Environmental, Health, And Safety Consulting Services. Code 106.352) and adopted a new Standard Permit for installation and/or modification of oil and gas facilities (30 Tex. // ]]> Texas Oil and Gas Testing and Environmental Compliance Services. Standard Permit Facilities that cannot meet a PBR may qualify for a standard permit. Official websites use .gov TCEQ-Chapter 116 - Control of Air Pollution by Permits for New . Air Permits Division is responsible for air permitting of facilities that manufacture, blend, and package pesticides [iii] SIC Code 1311 covers operating oil and gas field properties. Title V Operating Permits In addition to the air authorizations previously discussed, sites designated as major sources of air pollutants, as defined in 30 TAC 122.10 (13) are required to obtain a Title V Operating Permit. This adds yet another layer of uncertainty, raising the distinct possibility of costly delays. Rather than having one office of permitting, the TCEQ houses different types of permits in different offices. In two blogs, Ill explain how TCEQs permitting and enforcement systems are effectively designed to fail. A methyl tertiary-butyl-ether (MTBE) analysis is required if MTBE is present in any gasoline. The United States Department of Transportation, Pipeline and Hazardous Materials Safety Administration (PHMSA) is amending Federal Pipeline Safety Regulations (49 CFR Part 195) to improve the safety of pipelines transporting hazardous liquids. Support them now! Note: Facilities with a cumulative total of more than 3,000 horsepower from all engines at a site may meet the threshold for major source, due to formaldehyde emissions. JavaScript appears to be disabled on this computer. Pollution Control Services coordinates with both the TCEQ Region 12 Office located in Houston (713) 767-3500 and the Central Office located in Austin (512) 239-1000 concerning activities that require and issuance of air permits. PHMSA is issuing this advisory bulletin to remind all owners and operators of gas and hazardous liquid pipelines of the potential for damage to pipeline facilities caused by severe flooding. be kept on file in order to confirm compliance with any and all applicable For projects located in one of the Barnett Shale counties which are constructed or modified on or after April 1, 2011 subsections (a)-(k) of the non-rule standard permit apply. From the TCEQs perspective these facilities do not have a large enough impact on the environment to regulate them. Earthworks certified optical gas imaging (OGI) thermographers had made eight field visits to the site over eleven months, documenting intense plumes of climate- and health-harming pollutants like methane and volatile organic compounds (VOC) pollution each time. OSFM Pipeline Safety Division staff inspect pipeline operators to ensure compliance with federal and state pipeline safety laws and regulations, and consist of engineers, Geographical Information System (GIS)/mapping staff, analytical staff, and clerical support located throughout California. AZ | CA | HI | NV, California Air Quality Implementation Plans, California State Implementation Plan (SIP), District Contact Information and Local Rules, List of Current Rules in each of the 35 Air Districts, District Rules Approved by EPA into the California SIP, Final Title V Evaluation Reports for California, Electronic Permit Submittal System and Dashboards, Tribes that are Affected States under the Title V Permitting Program in Region 9, CAA Permitting Tools & RelatedResources. Each inspection can take anywhere from one week for smaller operators to 12 days for larger operators. General conditions, tabulated concentration limits, and operational requirements provide compliance options with flexibility. This continuation of the Standard For all new projects or modifications to site located in Barnett Shale counties (Counties included in the Barnett Shale area are Cooke, Dallas, Denton, Ellis, Erath, Hill, Hood, Jack, Johnson, Montague, Palo Pinto, Parker, Somervell, Tarrant, and Wise counties). Call the Emissions Inventory Hotline, 512-239-1773, from 8 a.m. to 5 p.m., Monday through Friday. The guidelines covering this are extensive and can be found in Table 10 of Temporary Permit. An emissions inventory must be submitted for facilities (sites) that have the potential to emit 100 tons per year (. We can handle whichever approach best suits your situation. [i] See Public Notice available 1218ia (1) (find at 45 Tex Reg 9309). Allied handles everything from sampling in the field to the final application for your permit, if one is required. Net ground-level concentration limits and exemptions for SO, Net ground-level concentration limits for H, Note: Remember to include formaldehyde when quantifying VOC emissions. The MLO standard permit specifically describes facilities and activities authorized under the standard permit. Starting December 2018, pipeline operators may send certain required notifications or requests to OSFM by email to [email protected]. California Pipeline Awareness Operator Contact Information. Box 12967, Austin, Texas 78711-2967. Owned and operated by the William Herbert Hunt family, Petro-Hunt and its . As a result, TCEQ has determined that operating under the conditions of the "Non-Rule" Standard Permit do not cause nor contribute to a condition of air pollution, and the processing of such projects are somewhat streamlined and do not require public [iii] The sources covered by the standard permit registration must operate independently from sources covered by other permitting mechanisms to ensure the protectiveness review covers all impacts from the MLO. Earthworks certified optical gas imaging (OGI) thermographers had made eight field visits to the site over eleven months, documenting intense plumes of climate- and health-harming pollutants like methane and volatile organic compounds (VOC) pollution each time. Below are links to district information maintained on CARB's website, as well as a link to local district rules approved by EPA into the California State Implementation Plan (SIP) and the Federally Approved Title V Program. In order to develop the MLO standard permit, TCEQ staff reviewed authorized facilities to develop common methods of operation, control techniques, emission rate calculation methodologies and air contaminates. Allied samples and analyzes your emissions, and performs the engineering and administrative work necessary to either determine your emissions or perform actual flow calculations and Gas Oil Ratio (GOR) work in the field to quantify these exactly. The requirements in the MLO standard permit include submission of calculations for all sources of emissions using TCEQ approved calculation methodologies. The application can be emailed to [email protected] or you may mail the application to Injection-Storage Permits Unit, P.O. When a new site is built it requires an air quality permit. In addition, the standard permit section of the TCEQ website includes a background document and a copy of the permit. The two most common for oil and gas facilities are Standard Permits and Permits by Rule. Further information can be found at Guidance for STEERS. Site Help | Disclaimer | Site Policies | Accessibility | Website Archive | Our Compact with Texans | TCEQ Homeland SecurityStatewide Links: Texas.gov | Texas Homeland Security | TRAIL Statewide Archive | Texas Veterans Portal 2002-2022 Texas Commission on Environmental Quality. character of the sites emissions. There are varying control, inspection, and Subpart LLL Onshore Natural Gas Processing: Subpart IIII Stationary Compression Ignition Internal Combustion Engines, Subpart JJJJ Stationary Spark Ignition Internal Combustion Engines, Subpart KKKK Stationary Combustion Engines, The TCEQ has streamlined the process and shortened the form for. AB 864 required that any new or replacement pipeline near environmentally and ecologically sensitive areas (EESA) in the coastal zone to use best available technologies to reduce the amount of oil released in an oil spill to protect state waters and wildlife. It is impossible to produce oil and gas without actual emissions or the "potential to emit." As such, you need to register and permit your facilities, or register and retain the test data and support documentation in your lease files proving why you do not require permitting at that time. Below is a table with links to the federally approved Operating Permit Programs for California Agencies. Standard Permits, unlike PBRs, must be renewed every 10 years or the permit will expire. The TCEQ's Small Business and Local Government Assistance Section offers free, confidential help to small businesses and local governments working to comply with state environmental regulations. notification. According to TCEQs background summary, the proposed non-rule SP could be used to authorize stationary facilities, or groups of facilities, at a site that conducts MLO activities. The non-rule SP can cover activities related to MLOs such as gaseous or liquid loading and unloading, storage tanks, control equipment, fugitive sources and more as listed in the Authorized Facilities and Activities section of the non-rule SP. A flat application fee of $900 is required. Requirements that may apply to facilities in the BeaumontPort Arthur, DallasFort Worth, and Houston Ozone Nonattainment Areas. Available Control Technology (BACT) standards must be met. must be incorporated into the facilities emission estimates. Generally, CARB plays an oversight role for permitting and does not issue any pre-construction or operating permits. First to be reviewed is the Rule Standard regulations things can be complicated, and on November 8, 2012, the Oil & Gas The TCEQ is supposed to determine whether the permit type is appropriate and evaluate the emission reduction practices proposed by the facility. Written authorization is required prior to commencement of construction. away from any property line or receptor. Projects constructed or modified on or after February 27, 2011 but before April 1, 2011, the current standard permit Section 116.620 is applicable. TCEQ Adopts New Oil and Gas Permit By Rule and Standard Permit for Barnett Shale Facilities. To prevent similar incidents from occurring on intrastate hazardous liquid pipelines, Governor Jerry Brown signed into law pipeline safety billsSB 295andAB 864later that year. The standard permit applies to all stationary facilities, or groups of facilities, at a site which handle gases and liquids associated with the production, conditioning, processing, and pipeline transfer of fluids or gases found in geologic formations on or beneath the earths surface including, but not limited to, crude oil, natural gas, condensate, and produced water. August 28, 2012: EPA has published the final version of new 40 CFR 60 NSPS SubPart OOOO and revisions to 40 CFR 63 NESHAP SubParts HH and HHH which affect many parts of the oil and gas industry. Existing facilities that were constructed prior // < ! . It wasnt until, four months after Earthworks initial complaint that the TCEQ investigated the sitenot by actually physically visiting the site, but by simply doing a file reviewand discovered that the operator did not have an air quality permit for the site. This is especially important when you are projecting out a years worth of emissions based on the test data. Further information can be found at Guidance for STEERS. On January 26, 2011, the Texas Commission on Environmental Quality (TCEQ) adopted new air permitting rules for oil and gas handling and production facilities in the Barnett Shale. // < ! Standard rules: environmental permitting - GOV.UK Furthermore, compliance on a proactive basis is more cost-effective and less disruptive to production than reacting to enforcement actions. Standard Permit. The two types of pipeline system inspections are: Note: The OSFM conducts additional inspections for the above topics during the year as procedures changes, ownership changes, or construction/modifications occur. Despite operating the site without a permit and polluting above claimed levels, MDC was allowed to continue business as usual and given a grace period to get that permit. Key highlights of the Non-Rule Standard Permit include: The Non-Rule Standard Permit is In December of 2020, the Texas Commission on Environmental Quality (TCEQ) proposed a new non-rule Standard Permit (non-rule SP) for Marine Loading Operations (MLOs). The current approval process, which relies heavily on data self-reported by operators, opens the door for TCEQ serving as a rubber stamp rather than a regulator. This standard permit applies to all stationary facilities, or groups of facilities, at a site which handle gases and liquids associated with the production, conditioning, processing, and pipeline transfer of fluids or gases A benzene analysis is required if concentrations of benzene in gasoline or crude oil is greater than 1%. Earthworks visited again and discovered that emissions persisted. Standard Permits go before the TCEQ Commissioners for approval, and the public has an opportunity for comments before the Commission. MLOs transfer and store gases and liquids using various types of storage, loading and control equipment. [ii]. This link leads to an external site which may provide additional information. For purposes of federal enforce-ability, the EPA approved rules must be used. These facilities dont require a permit to operate nor do they have to be registered with the TCEQ. Regulations pursuant to SB 295 have been fully implemented. Air Quality Standard Permit for Oil and Gas Handling and Production Facilities Links to the rule and detailed information on the Standard Permit for Oil and Gas Handling and Production Facilities. The requirements of the non-rule standard permit and associated general requirements is authorized under Texas Health and Safety Code section 382.05195 and only new projects and dependent facilities located in the Barnett Shale are applicable. Finally, OSFM was required to develop regulations pursuant to these requirements by July 1, 2017. Does this relate to you and your operations? fax, or dropped of at the Civic Center on the 2nd floor. Valkyries are Supposed to Reduce Deadly Gas Emissions. TCEQ's Water Quality Division; TCEQ's Water Supply Division oversees the production, treatment, quality, and delivery of drinking water for the public by implementation of the Safe Drinking Water Act. In each of these cases, operators submit a request to TCEQ for the type of permit they want. As a result, Earthworks filed eight regulatory complaints . These new rules will apply to oil and gas handling and production facilities in the 23 counties of the Barnett Shale region beginning April 1, 2011. The agency's decision was a departure from its proposal last fall to adopt rules that would affect oil and gas facilities statewide. The Brea City Council adopted a resolution establishing preferential parking privileges for residents in the Ash Street Cottages neighborhood. Oil and Gas Facilities: Air Compliance Information, https://www.tceq.texas.gov/assistance/industry/oil-and-gas/oilgas_air.html, https://www.tceq.texas.gov/@@site-logo/TCEQ-1072x1072.png, Small Business and Local Government Assistance, Compliance Resources for Small Businesses, Oil and Gas Facilities: Compliance Resources, Title 30 Texas Administrative Code (TAC), Chapter 116, Subchapter B, Oil and Gas Handling and Production Facilities (30 TAC 106.352), Planned Maintenance, Startup, and Shutdown at Oil and Gas Production and handling Facilities (30 TAC 106.359), Industry-Specific Permits By Rule for Oil and Gas Facilities. To operate nor do they have to be registered with the regulators sampling in the MLO standard facilities. The environment to regulate them blogs, Ill explain how TCEQs permitting and does not issue any pre-construction operating... Large enough impact on the oil and gas facilities ( sites ) have! 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