On July 26, 2013, Texas Commission on Environmental Quality (TCEQ) finalized a new Permit By Rule (PBR) under Title 30 of the Texas Administrative Code (TAC) Section (§) 106.359 for Oil and Gas Handling and Production Facilities, which specifically tailors to Maintenance, Startup, and Shutdown (MSS) emissions. This PBR is designed to be all-inclusive and will allow facilities to authorize MSS activities without registering the site or submitting documentation to TCEQ. The new PBR §106.359 cannot be used for the following facilities:
- Facilities inside one of the 15 Barnett Shale Counties that do not have a historical exemption, PBR, or Standard Permit (i.e. no projects have occurred since April 2011 that pulled the site into Barnett Shale requirements);
- Facilities that voluntarily have a Barnett Shale registration (PBR or Non-Rule Standard Permit) even if they are not in one of the 15 Barnett Shale Counties;
- Facilities authorized under Chapter 106, Subchapter U for tanks, storage, and loading; and
- Facilities authorized under §106.355 for pipeline metering, purging, and maintenance.
The new PBR §106.359 can be used for all other oil and gas facilities that are not specifically excluded and in combination with other authorizations (e.g. case by case New Source Review (NSR) permits, PBR 106.512, PBR 106.492, etc.). The new PBR requires operators to quantify emissions from planned MSS activities, implement best management practices to minimize emissions during MSS, and keep a maintenance plan in place to document compliance with the PBR. MSS emissions must be included in site-wide totals, and should be reviewed for Title V applicability, and major source status under the Prevention of Significant Deterioration, Nonattainment New Source Review, New Source Performance Standards, and National Emission Standards for Hazardous Air Pollutants. In addition, these emissions must be included in site-wide totals for the general emission limitations under PBR 106.4 to determine whether the site can use PBR as the appropriate authorization mechanisms at the site. All planned MSS activities are required to be authorized no later than January 5, 2014 per Senate Bill 1134.
TCEQ has assembled an email mailing list available to the public in attempts to facilitate sending out general guidance documents, fact sheets, and proposed general emission factors for various activities. In order to subscribe to this email list, please follow the link below and enter your email address: https://public.govdelivery.com/accounts/TXTCEQ/subscriber/new
In addition to the information contained on TCEQ’s website, if you desire to learn more about MSS permitting and the use of the new PBR §106.359, Trinity will be hosting several half day workshops throughout Texas to provide a deeper understanding of the authorization mechanisms available (both inside and outside the Barnett Shale) and the calculation methodologies that can be used to quantify emissions. These half day workshops will be hands-on and will focus on specific examples on how to calculate and authorize emissions. We will work through the examples step by step and encourage you to bring site specific questions. The half day workshop events will be held in the following locations and dates:
- Dallas - August 28, 2013
- Houston - September 11, 2013
- San Antonio - September 12, 2013
- Midland - October 10, 2013
If you are interested, please register for the training event on Trinity’s training website. If you have questions about the new Oil and Gas MSS PBR §106.359 or how to address MSS activities by January 5, 2014, please contact the Dallas office at (972) 661-8100.