away from any property line or receptor. [iii] SIC Code 1311 covers operating oil and gas field properties. Additionally, it required that an operator of an existing pipeline near these sensitive areas submit a plan to retrofit the pipeline to the OSFM. All rights reserved. Oil and Gas Wastewater Stakeholder GroupTCEQ's schedule for implementing House Bill 2771, 86th Legislature 2019, relating to delegation of wastewater permits for oil and gas facilities. the following counties: Cooke, Dallas, Denton, Ellis, Erath, Hill, Hood, Jack, 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. Rather than having one office of permitting, the TCEQ houses different types of permits in different offices. A .gov website belongs to an official government organization in the United States. fax, or dropped of at the Civic Center on the 2nd floor. phone: 512-239-1250 The agency's decision was a departure from its proposal last fall to adopt rules that would affect oil and gas facilities statewide. and this permit type was upheld. Available Control Technology (BACT) standards must be met. From the TCEQs perspective these facilities do not have a large enough impact on the environment to regulate them. In addition, unless electronically filing a new Barnett Shale project, a PI-1S Form, Core Data form, and all supporting documentation must be submitted. OSFM verifies that proper documentation occurs and that operations meet the goal of regulatory code. highlights of the Rule Standard Permit include: The Rule Standard Permit serves as an intermediate Box 12967, Austin, Texas 78711-2967. By 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. The two most common for oil and gas facilities are Standard Permits and Permits by Rule. If you have questions, call (512) 239-1250 and ask to speak to someone in the Rules and Registration Section, or e-mail airog@tceq.texas.gov. 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. together. Air Quality Standard Permit for Oil and Gas Facilities, Air GOP No. All permits must be submitted online via STEERS as of February 1, 2018. Visit theCAL FIRE Pubic Records Center at GovQAto request access to inspection records or to submit any other Public Record Act request. 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. 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. Allied has extensive experience with Air Permitting issues and a good rapport with the regulators. The guidelines covering this are extensive and can be found in Table 10 of The site is a perfect example of the systemic regulatory failures in the state of Texas. The type of authorization required will depend on the type of facility and amount of contaminants emitted. 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. Aboveground Petroleum Storage Act Advisory Committee, Automatic Extinguishing Systems Advisory Committee, Statewide Training & Education Advisory Committee (STEAC), Residential Care Facilities Advisory Committee, Community Wildfire Preparedness and Mitigation, United States Department of Transportation (USDOT), Pipeline Hazardous Materials Safety Administration (PHMSA), California Geologic Energy Management Division (CalGEM), Annual Pipeline Operator Report (PSD-101 & Questionnaire). to April 1, 2011, will be required to adhere to several aspects of the newer Non-Rule Permit; however, the Non-Rule Standard Permit is narrower in its scope of A flat application fee of $900 is required. TCEQ Develops Standard Permit for Marine Loading Operations, FERC Affirms ROE Methodology for Public Utilities, Preparing for Increased Focus on Environmental Justice in Project Permitting, DOE Issues Emergency Order to Address California Electricity Shortage, Chemicals, Products, & Hazardous Materials, Environmental Compliance, Litigation & Defense, Texas Commission on Environmental Quality, DOE Publishes Notice of Intent to Fund Clean Hydrogen Projects, EPAs FY2022 Enforcement Results: Key Focus on Environmental Justice and Climate Change, CCUS on the Threshold of Significant Ramp-up, Here We Go Again: Lesser Prairie-Chicken Re-Listed Under the Endangered Species Act, Biden Administration Makes $50 Million in Funding Available for Orphaned Well Clean Up on Tribal Lands. 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. If a new 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. In addition, certain equipment such as vapor combustion units, vapor oxidizers, boilers and heaters must undergo initial performance testing to demonstrate compliance with the calculations in the registration application. to the Texas Commission on Environmental Quality (TCEQ) and Railroad Commission (RRC) outlining a history of misconduct at the MDC Pickpocket 21 drilling site. Please visit their website here for more information. Hazardous liquid pipelines can carry commodities such as crude oil, gasoline, propane, and other types of hydrocarbons. Case results depend upon a variety of factors unique to each case. Consulting is an expert in the permitting process for Oil & Gas facilities Enormous gas leak in western PA demands deep reflection on our commonwealths future. applied for by facilities that dont meet the requirements for a Permit 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. 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. Air Pollution Control Agencies in California submit portions of their locally adopted rules through the California Air Resources Board to EPA for approval to meet federal requirements. applicability and only affects facilities located in the following counties: Cooke, Links to the rule and detailed information on the Standard Permit for Oil and Gas Handling and Production Facilities. There are several types of permits that the TCEQ uses. 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). SB 295 required, among other things, the OSFM to annually inspect all intrastate pipelines and operators of intrastate pipelines under its jurisdiction and required the State Fire Marshal to adopt regulations required to implement these requirements. State Law requires Pipeline Operators to notify the Office of the State Fire Marshal, Pipeline Safety Division of certain activities or changes in operations. The Rule Standard Permit cannot That's where we shine. Hunton Andrews Kurth attorneys have represented clients in nearly every type of matter in virtually every industry sector from natural gas, chemicals, products and hazardous materials, extractive industries, food and beverage, technology, manufacturing, health care, and numerous others on issues related to: climate change law and policy, environmental enforcement defense, water, natural resources and permitting. Key highlights of the "Rule" Standard Permit include: A flat application fee of $900 is required. each other and located within a quarter mile of each other must be registered EPA Region 9 is responsible for issuing permits on Tribal Lands in California. Benzene, among others, is of particular interest because it is a known carcinogen and is often present in hydrocarbon emissions from these facilities. The MLO standard permit requires an air quality analysis of the potential impact on the environment and human health associated with the emissions and addresses specific operational and monitoring requirements. 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. [CDATA[ The MLO standard permit specifically describes facilities and activities authorized under the standard permit. 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. Support them now! The Rule Standard Permit is available of the facility and its components. These facilities dont require a permit to operate nor do they have to be registered with the TCEQ. The MLO standard permit only applies to facilities with chemicals for which an effects screening level (ESL) has been established and listed on the Toxicity Factor Database. If you have questions about this or any other Standard Permit, contact us: Projects constructed or modified on or after February 27, 2011 but before April 1, 2011, the current standard permit Section 116.620 is applicable. 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 e-mail: airog@tceq.texas.gov JavaScript appears to be disabled on this computer. Code 116.620). mile of a sour gas facility (>25ppm of hydrogen sulfide). Key Other PHMSA Interpretation Letters are also available for review. Additionally, the OSFM monitors hydrostatic testing and/or in-line inspection of pipelines. 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. 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. Further information can be found at Guidance for STEERS. CAA Permitting in EPA's Pacific Southwest (Region9), State/Tribal/Local Permitting Authorities The TCEQ is always seeking comment and input on improving or clarifying guidance and tools. Next operations, and as a result qualifies to operate under a PBR, the regulated mentioned in the previous post can be echoed for the Non-Rule Standard The OSFM is granted exclusive safety regulatory and enforcement authority over intrastate hazardous liquid pipelines in California through certification by the United States Department of Transportation (USDOT), Pipeline Hazardous Materials Safety Administration (PHMSA). In conjunction with the oil and gas rule development, the oil and gas team has assembled several tools to assist in completing PBR and standard permit registrations and determine compliance. Do not send any privileged or confidential information to the firm through this website. Similar to State Implementation Plan Rules, in California title V program rules are submitted to EPA for approval to meet federal requirements under 40 CFR part 70. regulated entity to install controls or conduct additional inspection or monitoring Furthermore, compliance on a proactive basis is more cost-effective and less disruptive to production than reacting to enforcement actions. Owned and operated by the William Herbert Hunt family, Petro-Hunt and its . Since some of these sites arent registered with the TCEQ at all, it is difficult if not impossible to fully gauge the aggregate impact of De Minimis Facilities. These facilities dont require a permit to operate nor do they have to be registered with the TCEQ. Facilities that are operationally dependent upon Permit and the Non-Rule Call the Emissions Inventory Hotline, 512-239-1773, from 8 a.m. to 5 p.m., Monday through Friday. Further, the proposed SP includes extensive fugitive emissions requirements, such as Leak Detection and Repair (LDAR) program requirements. December 3, 2012: A shorter NSPS OOOO Well Completion/Flowback Notification form is now available. is any property line or sensitive receptor within a mile of a facility. Standard Permit. The CAL FIRE Office of the State Fire Marshal (OSFM) is excited to announce that jurisdictional pipeline operators in California can now submit their required Intrastate Pipeline Operator Report (PSD-101) online. there are nearby off-site receptors. Planned Maintenance, Start-ups and Shutdowns (MSS) The policy shift chiefly impacts emissions from new or existing flaring activities. Rather than having one office of permitting, the TCEQ houses different types of permits in different offices. Each inspection can take anywhere from one week for smaller operators to 12 days for larger operators. notification. entity must void the permit else the facility will still be bound by the Clean Air Act permitting in California is the shared responsibility of the California Air Resources Board (CARB), its 35 air pollution control agencies (districts) and EPA Region 9. Does this relate to you and your operations? be used for authorization if the facility is located within any of the above These California State Agencies are responsible for the following aspects of petroleum production: Additional authority was provided to OSFM by statute in 1981 when the California Legislature passed the Hazardous Liquid Pipeline Safety Act which enacted the OSFMs authority over intrastate hazardous liquid pipelines in California. 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. In addition, as part of its oversight responsibilities, EPA Region 9 has conducted Title V program evaluations for the largest permitting authorities in California. These Flexible Permits were challenged by the EPA on the grounds that they are not compliant with the US Clean Air Act (one of the federal guidelines TCEQ permits exist to enforce), but a Federal Appeals Court forced them to reconsider and this permit type was upheld. The "Non-Rule" Standard Permit is considerably more restrictive than the "Rule" Standard Permit. Oil and Gas Permitting is housed within the Office of Air. USDOT PHMSA grants the OSFM exclusive regulatory authority over intrastate hazardous liquid pipelines. Please click on one of the following links for more information about oil and gas compliance. By providing the opportunity to use a standard permit, TCEQ is giving facilities an option with greater flexibility than is afforded under PBRs, with an application process that is more efficient than that of a case-by-case permit. Equipment, including flares, capture systems, and tanks, have requirements specific to the types of equipment authorized. Distance limitations could come into effect if Prior to the issuance of the MLO standard permit, MLO facilities must use a combination of Permits by Rule (PBR) or a case-by-case New Source Review (NSR) Permit. For a list of important registration content. Standard Permit Facilities that cannot meet a PBR may qualify for a standard permit. As a result, TCEQ There are. a rq for oil is a discharge of oil in such quantities that the administrator has determined may be harmful to the public health or welfare or the environment of the united states and includes discharges of oil that violate applicable water quality standards or causes a film or sheen upon, or a discoloration of the water surface or adjoining The two most common for oil and gas facilities are Standard Permits and Permits by Rule. character of the sites emissions. In addition to the required inspections, OSFM must also respond to intrastate pipeline accidents, investigate significant intrastate pipeline releases, inspect pipeline construction and relocation projects, respond to train derailments near pipelines, and meet with state and local governments to discuss various pipeline safety issues. All of our sampling and testing is performed to the relevant ASTM methods and protocols. 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. equipment may require a re-registration. 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