Bureau of Air Quality
Comment/Response Document Proposed Revisions to the Air Quality Permit Exemptions List Categories No. 33 and No. 38
August 10, 2013
Date: 8/10/2013
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Comment/Response Document for the Proposed Revisions to the Air Quality Permit Exemption List, Categories No. 33 and No. 38 published in the Pa. Bulletin on February 2, 2013
Introduction On February 26, 2011, the Department of Environmental Protection (DEP or Department) published a notice in the Pennsylvania Bulletin (41 Pa.B. 1066) opening a public comment period for Technical Guidance Document No. 275-2101-003 entitled Air Quality Permit Exemption List (hereafter referred to as Permit Exemption List). The comment period ended on May 26, 2011. Based on comments received during the February 26, 2011, comment period, on February 2, 2013, the Department re-proposed in the Pennsylvania Bulletin the technical guidance document for Category No. 33, pertaining to compressed natural gas fueling, and Category No. 38, pertaining to the oil and gas exploration, development, production facilities and associated equipment. The following are comments received during the February 2, 2013 to March 19, 2013 comment period. This Comment/Response Document summarizes the comments and responses concerning the proposed revisions to Categories No. 33 and No. 38.
Date: 8/10/2013
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List of Commentators ID Name 1 Kathleen Cox 2 Kathryn Z. Klaber 3 Louis D. D’Amico
4 H. James Sewell
5 Greg Vitali
6 Stephanie Catarino Wissman 7 Jennifer Hoffman 8 Joe Osborne Mark Szybist 9 John J. Walliser Matt Watson 10 David Presley 11 Kevin Hansford Wendy Kirchoff 12 Carrie B. Crumpton 13 Julie Betik 14 Bonita C. Hoke 15 Jeff Zimmerman 16 17 18 19 20
Jennifer Smokelin Emily Krafjack Jim Rosenberg Cynthia Walter Nancy F. Parks
Date: 8/10/2013
Affiliation EPA - Office of Permits and Air Toxics Marcellus Shale Coalition PA Independent Oil and Gas Association (PIOGA) Shell Appalachia, Environmental & Regulatory Environmental Resources & Energy Committee, PA House of Representatives Associated Petroleum Industries of PA Chesapeake Energy Corporation Group Against Smog and Pollution (GASP) PA Environmental Council Clean Air Council, Staff Attorney Noble Energy, Inc.
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CONSOL Energy Inc. Anadarko Petroleum Corporation League of Women Voters of PA Zimmerman & Associates Private Citizen Private Citizen Private Citizen Private Citizen Clean Air Council/Sierra Club Pennsylvania Chapter
ConsulEnergy.pdf Anadarko.pdf
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ID Name 21 Kathryn Hilton
22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59
No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given Phyllis Carr No name given
Date: 8/10/2013
Affiliation Clean Air Council / Mountain Watershed Association Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen
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[email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] Page 4 of 57
ID 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99
Name No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given Lawrence Borowiec No name given No name given No name given No name given No name given
Date: 8/10/2013
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ID 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139
Name No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given Frank D. Walsh Jr. No name given No name given No name given Meryl No name given No name given No name given No name given No name given No name given No name given No name given No name given Pete Pivaronas No name given
Date: 8/10/2013
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ID 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179
Name No name given No name given No name given No name given No name given No name given No name given No name given No name given Tamara Clements No name given No name given No name given Michael Stolzer No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given Karl Zimmerman No name given No name given No name given
Date: 8/10/2013
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ID 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219
Name No name given No name given No name given No name given No name given No name given No name given Heriberto Rodriguez Kenneth J. Collins No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given Randall Baird No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given
Date: 8/10/2013
Affiliation Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen
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[email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] Page 8 of 57
ID 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247
Name Linda Lodge No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given Marena Nellos No name given No name given No name given Sharon Hornstein No name given No name given No name given No name given No name given No name given No name given No name given No name given
248 No name given
Private Citizen
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[email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] om
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249 250 251 252 253 254 255 256 257 258
Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen
[email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]
No name given No name given No name given No name given No name given Ron Slabe No name given No name given No name given No name given
Date: 8/10/2013
Affiliation Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen
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ID 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298
Name No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given Bobby No name given No name given No name given No name given No name given No name given Samuel Kim No name given No name given No name given Laura Gingher No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given
Date: 8/10/2013
Affiliation Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen
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ID 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338
Name No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given
Date: 8/10/2013
Affiliation Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen
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ID 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378
Name No name given No name given No name given No name given No name given Linda Skoritowski No name given No name given No name given No name given No name given No name given No name given Karen Lefkovitz No name given Daniel Piser No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given
Date: 8/10/2013
Affiliation Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen
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ID 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418
Name No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given Joan Schooley No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given Charles Evans Hunnell No name given No name given No name given No name given No name given No name given
Date: 8/10/2013
Affiliation Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen
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ID 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457
Name No name given No name given No name given No name given No name given No name given No name given Marriott Sheldon No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given Charles & Barbara Gerlach No name given No name given No name given No name given Stephanie Purdy No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given John A. Trallo, Sr. No name given Georgia Coffey No name given
Date: 8/10/2013
Affiliation Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen
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Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen
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ID 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497
Name No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given Keith Vanderlin No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given Vicki Smedley No name given W. Bruce Saunders Andrea Hartley Jenny Johnson No name given No name given Andrea Young William Morris Lana Gulden Jenny Lisak No name given No name given No name given No name given
Date: 8/10/2013
Affiliation Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen
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ID 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535
Name Terry Wild No name given No name given Joseph & Phyllis Mercurio Beverly Malitsky No name given Mark A. Givler No name given Charles Dizard, & Marilyn Pesci No name given No name given Gregory Pais Elaine Tomko No name given No name given Vikki Hanchin No name given No name given No name given No name given No name given No name given No name given No name given No name given Paula & Leo Dwen No name given No name given Nancy Novak No name given No name given No name given No name given No name given No name given No name given No name given No name given
Date: 8/10/2013
Affiliation Private Citizen Private Citizen Private Citizen Private Citizen
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Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen
[email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] Page 16 of 57
ID 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574
Name No name given No name given No name given No name given Lt. Col. Harry W. Boyer No name given No name given Gloria Miele Joyce E. Stone No name given No name given No name given No name given No name given No name given No name given No name given No name given Kristin Landon No name given No name given Mary Jane Hyde No name given No name given No name given John Condello Claire Hammersley No name given Richard & Alison Rupert No name given No name given No name given No name given Joyce E. Stone Bill Freund No name given No name given No name given John Atherton
Date: 8/10/2013
Affiliation Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen
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Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen
[email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]
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ID 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614
Name No name given No name given No name given Lynn Senick No name given Dina Ghen No name given No name given William J. Fry, III No name given No name given Walt Petrosky No name given No name given Ned S. Coates No name given No name given No name given No name given Robert Lucas No name given No name given No name given Craig S. Kaufman No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given Robert Deering No name given No name given Ralph Kisberg
Date: 8/10/2013
Affiliation Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen
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ID 615 616 617 618 619 620
Name Barbara Clifford No name given Ruth Schamberg Melinda Hall No name given Jill Morrissey
Affiliation Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen
621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 651
No name given Sarah Ely R. K. Taylor No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given Marvin Feil No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given No name given
Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen Private Citizen
Date: 8/10/2013
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[email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]
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Comments/Responses: Comment 1: The commentators want the Department to change the exemption list for the oil and gas air pollution sources to keep the rules stringent so that the health of the public and environment are protected. There is a concern that the Department’s proposed modifications to the exemption list for oil and gas air pollution sources will have a major impact on local air quality and public health. Air pollution does not respect state borders. Considering the complexity of extracting shale gas, this industry should be tightly regulated to protect nearby residents from unexpected pollution. The Department has not responded to previous public comment asking for less exemption for the shale gas industry, but appears to have responded to the desires of corporate polluters. We urge the DEP to do its job of protecting public health and air quality by removing all proposed permit exemptions related to oil and gas wells and storage tanks. Hold all gas companies accountable for emissions from flaring and emissions released from storage tanks and wells. (22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 15 8, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179 , 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224 , 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 287, 288, 289, 290, 291, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 398, 399, 400, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 448, 449, 450, 451, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 498, 499, 500, 501, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 515, 516, 517, 518, 519, 520, 521, 522, 523, 535, 514, 552, 602, 421, 599, 590, 634, 635, 292, 553, 559, 452, 447, 566, 577, 563, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 536, 537, 538, 539, 540, 541, 542, 544, 545, 546, 547, 548, 549, 550, 551, 555, 556, 557, 558, 560, 561, 564, 565, 567, 568, 569, 570, 571, 572, 573, 575, 576, 578, 579, 580, 581, 582, 583, 584, 585, 587, 588, 589, 591, 592, 593, 594, 595, Date: 8/10/2013
Page 20 of 57
596, 597, 598, 600, 601, 603, 604, 605, 606, 607, 608, 609, 610, 612, 613, 615, 616, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 636, 638, 641, 642, 644, 645, 646, 647, 648, 649, 650, 651) The commentators want the DEP to change the exemption list for the oil and gas air pollution sources to keep the rules stringent so that the health of the public and environment are protected. The toxic gases emitted by oil and gas burning are the same as open burning and will produce the same health problems for those citizens mentioned above. Therefore, deny exemptions to any oil and gas burning wells. (510, 537) Response: The Department appreciates the commentators’ concern that the proposed modifications to the exemption list for oil and gas air pollution sources will have a major impact on local air quality and public health. The Department believes, however, that the final exemption criteria are protective of public health and allow for the development of the natural gas industry in a safe and effective manner. Since September 21, 1996, the Air Quality Permit Exemption List (Document No. 275-2101-003) included an “automatic” blanket exemption for oil and gas exploration and production facilities and operations. In the final Permit Exemption List, the Department removes the automatic blanket exemption for oil and gas industries and replaces it with the stringent exemption criteria exempting this source category from the permitting requirements. Most importantly, the Category No. 38 exemption is only an exemption for permitting requirements and not from effectively controlling emissions from a wellhead and associated equipment. By implementing and maintaining the criteria specified in the Permit Exemption List, Volatile Organic Compounds (VOCs) emissions and Hazardous Air Pollutants (HAPs) emissions will be controlled to levels that are equal to or better than the New Source Performance Standards (NSPS), which became effective on October 15, 2012, and Best Available Technology (BAT) levels. The permit exemption requires that the applicant emit no more than the historical de minimis emission thresholds for nitrogen oxides (NOX), VOCs and HAPs which are applicable to sources located in other source categories. The required control requirements are such that the health of the public and environment are adequately protected. While a source may be exempt from permitting requirements, that source is still subject to all applicable federal, state and local laws and regulations including 25 Pa. Code Article III (Air Resources regulations) and federal requirement such as the New Source Performance Standards (NSPS) and the National Emission Standards for Hazardous Air Pollutants (NESHAPs). Simply stated, the criteria that must be met for a well pad to be exempted from permitting requirements are more stringent than NSPS and NESHAPs and some control measures that would be required under permitting obligations. If an owner or operator does not want to accept the permit exemption criteria obligations, they may submit an application for a plan approval to construct the sources and DEP will establish the appropriate new source control requirements as specified in our permitting regulations.
Date: 8/10/2013
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The specific criteria that must be met by wells, wellheads and associated equipment subject to the NSPS for the Oil and Gas industry are discussed below. The final exemption criteria are more stringent than the NSPS requirements. The Department appreciates the concern related to an impact on local air quality and public health. The Department has completed short-term air monitoring studies in the Southwest, North-central, and Northeast portions of the state that measured pollutant concentrations near various Marcellus activities (drilling, fracturing, flaring, etc.) to address health concerns of nearby residents. Short-term sampling for Carbon Monoxide (CO), Nitrogen Dioxide (NO2), Sulfur Dioxide (SO2), and Ozone (O3) did not detect concentrations above National Ambient Air Quality Standards (NAAQS) at any of the sampling sites. On July 11, 2012, the Department initiated a one-year ambient air project in Washington County with an emphasis on characterizing near-source concentrations of criteria and hazardous air pollutants from permanent facilities related to the Marcellus Shale gas industry (compressor stations, gas processing). Additional information can be obtained on the DEP website. Furthermore, the owner or operator must comply with all applicable requirements including notification, recordkeeping, and reporting requirements as specified in 40 CFR Part 60, Subpart OOOO, even though the sources are exempted from a permit requirement. The owner or operator must also demonstrate to the Department compliance with the exemption criteria using any generally accepted model or calculation methodology within 180 days after the well completion or installation of a source. Therefore, the Department’s final permitting criteria are appropriate and protective of public health and the environment. The owners and operators of sources not meeting the exemption requirements may submit a Request for Determination (RFD) form to the Department. If the RFD is not approved by the DEP, an application seeking authorization to use a general permit or a plan approval application should be submitted to the Department, as appropriate. Comment 2: These commentators do not want the flaring at gas wells to be exempted; but they want the companies to obtain the proper permits. The Department needs to explain the justification, from a public health and legal perspective, behind exempting all flaring at gas wells from permitting at this time. First, we insist that DEP incorporate green completion requirements before EPA’s Oil and Gas standards are required in 2015. If flaring will be allowed to continue until that time, the Department needs to continue to include the originally proposed 14-day limitation on flaring. It appears as though the Department is attempting to allow flaring with no permits, including enclosed flaring, flaring for re-fracking, and flaring for exploratory wells, after the 2015 standards are supposed to be implemented. Permitting these types of equipment would go a very long way in ensuring that the industry complies with new federal standards. In addition, DEP must clarify how this exemption guidance works with the new GP-5, and ensure that it does not preclude companies from obtaining proper permits.
Date: 8/10/2013
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(22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 287, 288, 289, 290, 291, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 398, 399, 400, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 448, 449, 450, 451, 453, 454, 455, 456, 457, 458, 459, 460, 465, 466, 467, 468, 469, 470, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 498, 499, 500, 503, 504, 505, 507, 508, 509, 510, 511, 512, 513, 515, 516, 517, 535, 514, 552, 602, 421, 599, 590, 634, 635, 292, 553, 559, 452, 447, 566, 577, 563, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 532, 533, 534, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 556, 558, 560, 561, 564, 565, 567, 568, 569, 570, 571, 572, 573, 575, 576, 578, 579, 580, 581, 582, 583, 584, 585, 587, 588, 591, 592, 593, 595, 596, 597, 598, 600, 601, 603, 604, 605, 606, 607, 608, 609, 610, 612, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 636, 637, 638, 642, 644, 645, 646, 647, 648, 649, 650, 651) Response: The Department appreciates the comments. The Department believes that the public health will be protected because flares are exempted only in the following limited circumstances:
Flaring used at exploration wells to determine whether oil and/or gas exists in geological formations or to appraise the physical extent, reserves and likely production rate of an oil or gas field. Flaring used for repair, maintenance, emergency or safety purposes. Flaring used for other operations at a wellhead or facility to comply with the requirements of 40 CFR Part 60, Subpart OOOO. Enclosed combustion device including enclosed flare will be used for all permanent flaring operations at a wellhead or facility. These flaring operations will be designed and operated in accordance with the requirements of 40 CFR § 60.18.
Date: 8/10/2013
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Accordingly, open flaring is exempted only for short duration operational requirements or emergency purposes. If a flare is to be used for long-term emissions control, such as storage vessel control, it must be enclosed. This type of flare is called an “Enclosed combustion device” as specified in the NSPS regulations. What is noteworthy here is that while 95% emissions reduction is specified, this type of flare has been demonstrated to achieve up to 99.9% emissions reduction of VOCs and HAPs. In addition, the Department requires the enclosed combustion device including the enclosed flare to be designed and operated in accordance with the requirements of 40 CFR Section §60.18 Furthermore, the owner or operator must comply with all applicable requirements including notification, recordkeeping, and reporting requirements as specified in 40 CFR Part 60, Subpart OOOO even though the sources are exempted from a permit requirement. The owner or operator must also demonstrate to the Department compliance with the exemption criteria using any generally accepted model or calculation methodology within 180 days after the well completion or installation of a source. The Department believes that implementing green completion requirements in 2015 as required by 40 CFR Part 60, Subpart OOOO is appropriate because of uncertainties in the supply of Reduced Emissions Completion (REC) equipment. GP-5 addresses emissions from natural gas compression and/or processing facilities, whereas the Category No. 38 exemption applies to wells, wellheads and associated equipment at oil and gas exploration, development, production facilities. The owners and operators of sources not meeting the final exemptions criteria may submit a Request for Determination (RFD) form to the Department. If the RFD is not approved by the Department, an application for authorization to use a GP-5 or a plan approval application should be submitted to the Department, as appropriate. Comment 3: The commentators want the language stated in Category No. 38 to read that those wells with a flare exemption at a synthetic minor source level and associated with major sources, be counted as a major source and needing a major source permit. Technical Guidance Document on Category No. 38 should also add specific language that does not exempt flares at synthetic minor sources of air pollution, those that are very close to tripping the major source threshold, especially for the purposes of analyzing aggregation, and wells associated with major sources. (22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 246, 247, 248, 249, 250, 251, 252, 253, Date: 8/10/2013
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254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 287, 288, 289, 290, 291, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 367, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 398, 399, 400, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 448, 449, 450, 451, 453, 454, 455, 456, 457, 458, 459, 460, 466, 467, 468, 469, 470, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 485, 486, 487, 488, 489, 491, 492, 493, 494, 495, 496, 497, 498, 499, 500, 503, 504, 505, 507, 508, 509, 510, 511, 512, 513, 515, 516, 517, 518, 519, 535, 514, 552, 602, 421, 599, 590, 634, 635, 292, 553, 559, 452, 447, 566, 577, 563, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 532, 533, 534, 536, 537, 538, 539, 540, 541, 542, 545, 546, 547, 548, 549, 550, 551, 556, 558, 560, 561, 564, 565, 567, 568, 570, 571, 572, 573, 575, 576, 578, 579, 580, 581, 582, 583, 584, 585, 587, 588, 591, 592, 593, 595, 596, 597, 598, 600, 601, 603, 604, 605, 606, 607, 608, 609, 610, 612, 615, 616, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 636, 638, 644, 645, 646, 647, 648, 649, 650, 651) Response: The Department appreciates the concern regarding the aggregation of sources for purposes of determining the applicability of requirements for a major facility. Even though sources are exempted, the owner or operator needs to conduct single source determinations for applicable requirements for a large source of air pollution emitters. On October 6, 2012, DEP issued a final technical guidance, DEP ID: 270-0810-006, entitled “Guidance for Performing Single Stationary Source Determinations for Oil and Gas Industries.” The purpose of this document is to provide guidance to assist the Department’s Air Program permitting staff in making single stationary source determinations for the oil and gas industries in Pennsylvania. Single source determinations for oil and gas operations arise when a company operates an air contamination source on-site or adjacent to another air contamination source. If the emissions from two or more air contamination sources meet the applicable regulatory criteria, they should be aggregated as a single source for air quality permitting purposes. If the emissions from those air contamination sources are aggregated as a single air contamination source, and reach major source emission thresholds, they would be subject to additional air quality permitting requirements under the Prevention of Significant Deterioration (“PSD”), Non-attainment New Source Review (“NSR”) and the Title V Permit programs. The Permit Exemptions List does not apply when a source is subject to the major facility requirements such as 25 Pa. Code Chapter 127, Subchapter D (relating to PSD), 25 Pa. Code Chapter 127, Subchapter E (relating to NSR), 25 Pa. Code Chapter 127, Subchapter G (relating to Title V Operating Permits); or 25 Pa. Code § 129.91 (relating to control of major sources of NOX and VOCs). This language can be found in the existing Section D (1) under “Further Qualifications Regarding Plan Approval Exempted Sources.” Date: 8/10/2013
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Comment 4: The commentators want non-road engines to not be exempted but comply with the GP-11 permit. Technical Guidance Document on Category No. 38 is now exempting non-road engines including drill rig engines from air pollution permits, rather than continuing to require companies to obtain the GP-11 permit. (22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 287, 288, 289, 290, 291, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 398, 399, 400, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 448, 449, 450, 451, 453, 454, 455, 456, 457, 458, 459, 460, 466, 467, 468, 469, 470, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 485, 486, 487, 488, 489, 491, 492, 493, 494, 495, 496, 497, 498, 499, 500, 503, 504, 505, 507, 508, 509, 510, 511, 512, 513, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 532, 533, 534, 536, 537, 538, 539, 540, 554, 502, 286, 562, 535, 514, 552, 602, 421, 599, 590, 634, 635, 292, 553, 559, 452, 447, 566, 577, 563, 541, 542, 545, 546, 547, 548, 549, 550, 551, 15z, 556, 558, 560, 561, 564, 565, 567, 568, 570, 571, 572, 573, 575, 576, 578, 579, 580, 581, 582, 583, 584, 585, 587, 588, 591, 592, 593, 595, 596, 597, 598, 600, 601, 603, 604, 605, 606, 607, 608, 609, 610, 612, 614, 615, 616, 618, 619, 620, 621, 622, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 636, 638, 644, 645, 646, 647, 648, 649, 650, 651) Response: The drilling phase is of a temporary nature, ranging from a couple of weeks to a couple of months. It is unnecessary for the Department to issue authorizations for GP-11 for temporary sources. Furthermore, DEP has limited regulatory authority to regulate these engines and Pennsylvania is preempted from establishing any technology standards such as “best available technology (BAT).” Non-road engines must comply with the federal regulations including 40 CFR Part 89 (relating to control of emissions from new and in-use, non-road compression ignition engines). Date: 8/10/2013
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Comment 5: The commentators want Category 38 to include stringent air monitoring requirements, such as FLIR detection at well sites and storage tanks every three months. Also, require a company, once they detect a leak, to repair it within 2 weeks after the initial detection. Equipment can deteriorate over time, or stop functioning correctly without proper maintenance. The exemptions include very little specific information on how accurate air monitoring would be accomplished at well sites and storage facilities. (22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 287, 288, 289, 290, 291, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397, 398, 399, 400, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 448, 449, 450, 451, 453, 454, 455, 456, 457, 458, 459, 460, 465, 466, 467, 468, 469, 470, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 498, 499, 500, 501, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 532, 533, 534, 536, 535, 514, 552, 602, 421, 599, 590, 634, 635, 292, 553, 559, 452, 447, 566, 577, 563, 537, 538, 539, 540, 541, 542, 545, 546, 547, 548, 549, 550, 551, 556, 558, 560, 561, 564, 565, 567, 568, 570, 571, 572, 573, 575, 576, 578, 579, 580, 581, 582, 583, 584, 585, 587, 588, 591, 592, 593, 595, 596, 597, 598, 600, 601, 603, 604, 605, 606, 607, 608, 609, 610, 612, 615, 616, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 636, 638, 643, 644, 645, 646, 647, 648, 649, 650, 651) Response: The Department believes that more frequent leak detection rather than annual is not necessary. The final exemption criteria for LDAR are sufficient to monitor potential leakage at well sites and storage vessels. It should be noted that EPA’s regulations do not include any leak detection requirements for wells, wellheads and associated equipment, while DEP’s final exemptions criteria include leak detection and repair requirements for the entire wellhead and associated Date: 8/10/2013
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equipment. The Department’s final exemptions criteria are beyond federal requirements such as 40 CFR Part 60, Subpart OOOO (NSPS). DEP requires leak detection and repair requirements for the entire wellhead and associated equipment rather than just storage vessels/storage tanks (emissions for safety reasons or prevention of gas migration, from equipment designed to vent such as pneumatic controllers or to protect well integrity are not considered leaks). Moreover, DEP’s exemptions criteria indicate that LDAR is to be conducted on valves, flanges, connectors, storage vessels/storage tanks, and compressor seals in natural gas or hydrocarbon liquids service. Leaks are to be repaired no later than 15 days after leak detections unless facility shutdowns or ordering of replacement parts are necessary for repair of the leaks. Any storage vessel subject to 40 CFR Part 60, Subpart OOOO must repair the leak or defect as soon as practicable according to the requirements of the section in accordance with § 60.5416. A first attempt at repair must be made no later than 5 calendar days after the leak is detected. Repair must be completed no later than 15 calendar days after the leak is detected. Such leaks and the corresponding repairs should be recorded. In addition, 40 CFR Part 60, Subpart OOOO requires initial and annual inspections for compliance demonstration. The LDAR frequency included in the final exemption criteria is consistent with EPA’s regulations for storage vessels. The Department may reevaluate this criteria based on the timeframe implementation of the leak detection inspection and repairs and may revise the exemptions list in the future. Comment 6: The health impacts of Oil and Gas Well air pollution are likely to vary significantly based on local conditions, such as topography, susceptibility to temperature inversions, and the number of other wells in the immediate area. The health impacts of Oil and Gas Well air pollution are not being properly assessed. (18) Response: The Department has determined that the emissions from the air pollution source would be of minor significance, after complying with the stringent exemption criteria. The residual emissions will be of minor significance and there is no need to factor local conditions such as topography and susceptibility to temperature inversions. Comment 7: There are concerns that these Northern Tier Shale counties do not have a historically placed air quality monitoring system that has been gathering data, unlike those in Luzerne and Lackawanna Counties. (17) Response: As discussed in the response to Comment 1, the Department has conducted short-term ambient air monitoring studies in the Southwest, Northeast and North-central regions near oil and gas operations. These studies did not indicate any health concerns for nearby residents. The Department is conducting a one-year ambient air sampling in the Southwest region to study the longer term impact of these sources. Based on the long-term study or other data, the need for air monitoring at additional locations may be evaluated.
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Comment 8: The commentator believes that the proposed exemptions for Category No. 33 and No. 38 are not comprehensive enough and did not utilize current best practices. They believe that the proposed regulations will jeopardize their right to clean air. (14) Response: The Department believes that the final exemptions criteria are comprehensive and utilize current best practices. See Response to Comment 1 for details. Comment 9: The commentators are concerned with flaring and noise. They suggested reducing emissions from flares. One commentator is extremely concerned about the impact of flaring on global warming, since methane is many times more potent than CO2 in terms of warming. (428, 567, 569, 578, 600) Response: The Department requires enclosed flares to be designed and operated in accordance with the requirements of 40 CFR § 60.18 to reduce emissions and noise. Open flaring is exempted only for short duration operational requirements or emergency purposes. If a flare is to be used for long-term emissions control, such as storage vessel control, it must be enclosed. This type of flare is called an “enclosed combustion device” in the NSPS regulations and can achieve up to 99.9% emissions reduction of methane, VOCs and HAPs. Comment 10: The equipment used for FLIR detection needs to be calibrated and operating properly for every inspection. (17) Response: The Department agrees. The final exemption criteria require that the optical gas imaging camera or other Department-approved gas leak detection be operated in accordance with manufacturerrecommended procedures. Comment 11: The commentators suggested combining all of one company’s compressor stations into a 10-mile radius or 50-mile sectors. Add up all of the VOC and NOX emissions and make sure they have the proper permits. One commentator stated that oil and gas wells are typically connected to a common compressor station serving multiple wells, and therefore their PTE must be subject to aggregation analysis under federal and state law. Another commentator states that sources covered by Exemption Category No. 38 are not of “Minor Significance” and is concerned that this proposed exemption deregulates a number of pollution sources associated with wells that are not only significant when considered individually, but in aggregate can become a large source of air pollution emitters. (10, 18, 20, 21, 555, 586, 600, 611, 615, 617, 639, 640) Response: The Department appreciates the concern regarding the aggregation of sources. Even though certain sources are exempted from permitting requirements, the owner or operator needs to Date: 8/10/2013
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conduct a single source determination for applicable requirements for a large source of air pollution emitters. On October 6, 2012, DEP issued a final technical guidance, DEP ID: 270-0810-006, entitled “Guidance for Performing Single Stationary Source Determinations for Oil and Gas Industries.” The purpose of this document is to provide guidance to assist the Department’s Air Program permitting staff in making single stationary source determinations for the oil and gas industries in Pennsylvania. Single source determinations for oil and gas operations arise when a company operates an air contamination source on-site or adjacent to another air contamination source. If the emissions from two or more air contamination sources meet the applicable regulatory criteria, they should be aggregated as a single source for air quality permitting purposes. If the emissions from those air contamination sources are aggregated as a single air contamination source, and reach major source emission thresholds, they would be subject to additional air quality permitting requirements under the Prevention of Significant Deterioration (“PSD”), Non-attainment New Source Review (“NSR”) and the Title V Permit programs. The Permit Exemptions List does not apply when a source is subject to the major facility requirements such as 25 Pa. Code Chapter 127, Subchapter D (relating to PSD), 25 Pa. Code Chapter 127, Subchapter E (relating to NSR), 25 Pa. Code Chapter 127, Subchapter G (relating to Title V Operating Permits); or 25 Pa. Code § 129.91 (relating to control of major sources of NOX and VOCs). This language can be found in the existing Section D (1) of the Permit Exemption List under “Further Qualifications Regarding Plan Approval Exempted Sources.” Comment 12: Changes in Section 127.14(a)(8) (allowing for exemptions that do not require submission of a RFD form) fail to take into consideration the cumulative impact of both short- and long-term impact of given emissions. (14) Response: The Department disagrees with the commentator. As addressed in the response to Comment 1, cumulative ambient impact due to air emissions from the oil and gas industries are being monitored through short-term and long-term ambient air monitoring studies. In addition, the air emissions from the oil and gas production sources are being reported annually to the Department in accordance with 25 Pa. Code Chapter 135. Comment 13: The commentator is concerned that the proposed exemption lacks sufficient emission control, monitoring requirements, and compliance provisions to ensure that the cumulative emissions from exempt sources are in fact “of minor significance,” will not cause a deterioration of air quality, and will remain below the exemption limits. (9, 18) Response: The Department has determined that the emissions from the air pollution source will be of minor significance after complying with the stringent exemption criteria. The final exemption criteria have monitoring requirements which are beyond federal requirements such as
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40 CFR Part 60, Subpart OOOO (NSPS). The Department requires leak detection and repair requirements for the entire wellhead and associated equipment rather than just storage vessels/storage tanks (emissions for safety reasons or prevention of gas migration, from equipment designed to vent such as pneumatic controllers or to protect well integrity are not considered leaks). Furthermore, the owner or operator must comply with all applicable requirements including notification, monitoring, recordkeeping, and reporting requirements as specified in 40 CFR Part 60, Subpart OOOO. The final exemption criteria also require demonstrating compliance with the exemption criteria using any generally accepted model or calculation methodology within 180 days after the well completion or installation of a source. Comment 14: The commentator believes that emissions from the oil and gas industries should not be classified as “of minor significance.” He suggested that DEP completely remove oil and gas production facilities from the current exemption list until it has scientific evidence that these sources are indeed “of minor significance.” At the very least, all oil and gas production facilities should be required to submit a Request for Determination so that the Department can ensure that the conditions for exemption are being met. (5, 522) Response: The Department disagrees. The final exemption criteria include very stringent emission control requirements. The residual emissions from these air pollution sources would be of minor significance. By implementing and maintaining the criteria specified in the final exemption, VOCs emissions and HAPs emissions will be controlled to levels that are equal to or better than the NSPS, which became effective on October 15, 2012, and BAT levels. Plus historical de minimis emission thresholds are required to be achieved for NOX, VOCs and HAPs. The final exemption criteria include adequate compliance demonstration, recordkeeping and reporting requirements. Therefore any source complying with these exemption criteria is not required to submit any request for determination to the Department. However, the owners and operators of sources not meeting the exemption requirements may submit a Request for Determination (RFD) form to the Department. If the RFD is not approved by DEP, a plan approval application for the well heads and the associated equipment at the site should be submitted to the Department. Comment 15: The commentator is strongly against Exemption Category No. 38 and requests that the Department rescind it for the following reasons:
The EPA has promulgated a Final Rule regulating air pollution from unconventional gas wells. Exemption No. 38 leaves it to the operator of an unconventional gas well to regulate itself. By retaining exemption No. 38, DEP is abdicating its responsibility under the Pennsylvania SIP.
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Exemption No. 38 provides no framework for evaluating PTE from an unconventional gas well. Exemption No. 38 takes no account of the fact that federal emission requirements will change as of 2015. With an exemption from permitting, there is no record-keeping process to record the results of paragraph iii Leak Detection. (18)
These commentators are against exempting any aspect of the gas industry from permitting. There is nothing safe about the entire procedure and they should be held accountable for that procedure. (456, 583, 568, 615) Response: As stated in the response to Comment 1, the final exemption criteria include very stringent emission control requirements. The residual emissions from these air pollution sources would be of minor significance. The final exemption criteria include adequate compliance demonstration, recordkeeping and reporting requirements. Comment 16: The commentator has been involved in collecting data on methane levels in and outside the Marcellus Shale region, and in and outside drilled and undrilled areas in the region. Based just on our data to date, it is clear that air quality enforcement should be strengthened – not weakened – with respect to shale gas drilling and development in the Marcellus region. (336) Response: The final conditional exemption criteria replace the automatic blanket exemption in place. See response to Comment 1. The residual emissions after complying with the stringent control requirements would be of minor significance. The enforcement of the criteria would be strengthened as a result of these final exemption criteria. Comment 17: The wells and wellheads and equipment should not receive extra exemptions. All equipment on wells should be part of the permitting process. This keeps a fair playing field for the industry, allows citizens to be informed and DEP to fully regulate a well site. The exemptions for VOCs and HAPs emissions should not be granted. These substances are much too toxic, and the calculation method described above is much too broad to provide protection for the public. The only way the public and the Department can know of such emissions and regulate them is through a permitting process. (19, 574) Response: Previously, the Air Quality Permit Exemption List (Document No. 275-2101-003) included an “automatic” exemption for oil and gas exploration and production facilities and operations. In the final document, the Department removes the automatic exemption for oil and gas industries and replaces it with the conditional exemptions. Most importantly, Exemption No. 38 is only an exemption for permitting and not from effectively controlling emissions from a wellhead and associated equipment. By implementing and maintaining the criteria specified in the proposed exemption, VOCs emissions and HAPs emissions will be controlled to levels that are equal to or Date: 8/10/2013
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better than the NSPS, which became effective on October 15, 2012, and BAT levels. Plus historical de minimis emission thresholds are required to be achieved for NOX, VOCs and HAPs. While a source may be exempt from permitting requirements, that source is still subject to all applicable requirements in 25 Pa. Code Article III (Air Resources regulations) and federal requirement such as NSPS and the National Emission Standards for Hazardous Air Pollutants (NESHAPs). Simply stated, the criteria that must be met for a well pad to be exempted from permitting requirements are more stringent than NSPS and NESHAPs and some control measures that would be required under permitting obligations. The final exemptions criteria have the main following requirements which are beyond federal requirements such as 40 CFR Part 60, Subpart OOOO (NSPS):
Leak detection and repair requirements for the entire wellhead and associated equipment rather than just storage vessels/storage tanks (emissions for safety reasons or prevention of gas migration, from equipment designed to vent such as pneumatic controllers or to protect well integrity are not considered leaks). 95% or greater VOC emissions reduction from all storage vessels/storage tanks equipped with VOC controls. De minimis VOC, NOX and HAP emissions thresholds. Permanent flares must be enclosed.
Comment 18: The commentator is resubmitting the following comments that were submitted on May 25, 2011:
Oil and Gas Wells have a demonstrated Potential to Emit (PTE) Air Pollution in significant amounts. The huge amounts of pressure required for hydraulic fracturing significantly increase the PTE from dissolved gases in produced water from unconventional Oil and Gas Wells. The amount of air pollution emitted by an Oil and Gas Well can vary significantly based on construction methods, operational practices and the actual composition of gas being extracted. (18)
Response: Exemptions provided in the document are based on actual tons per year (tpy) rather than the source’s potential to emit (PTE). Exempted thresholds for NOX and VOCs are low where implementation of control technology is not economically feasible. Furthermore, the owner or operator must comply with all applicable requirements including notification, monitoring, recordkeeping, and reporting requirements as specified in 40 CFR Part 60, Subpart OOOO even though the sources are exempted from a permit requirement. Comment 19: The commentators encourage DEP to increase the leak detection inspection timeframe to monthly, or at least quarterly. The commentators also state that inspections need to be recorded and repairs completed as necessary. All records need to be made available to DEP upon any site Date: 8/10/2013
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inspection that occurs. Another commentator believes that the Department should require more frequent emissions monitoring at well sites and storage tanks, such as weekly FLIR detection, weekly testing/calibration to make sure that monitoring equipment is working properly. Leaks that are detected should be repaired within 24 hours of discovery. (8, 9, 15, 17) Response: The Department believes that more frequent leak detection rather than annual is not necessary. The final exemption criteria for the LDAR program are sufficient to monitor potential leakage at well sites and storage vessels. See response to Comment 5 for further details. Comment 20: The commentator suggests that DEP delete or revise this language near the end of Exemption No. 38: “The owner or operator must also demonstrate to the Department compliance with the exemption criteria using any generally accepted model or calculation methodology within 180 days after well completion or installation of a source.” This would create unnecessary paperwork for owners and operators as well as the Department. (4) Response: The initial one-time compliance demonstration requirement included in the exemption criteria is not onerous and does not create any unnecessary paperwork. Comment 21: The commentator has several concerns on Marcellus and related items that have not been addressed by DEP pertaining to the exemption list that was proposed in September 2010. This shows a trend of not responding to citizen complaints related to Marcellus and other issues. (291) Response: The Department appreciates the commentator’s concern. Based on the comments received in 2010, the Department made several changes to the exemption list pertaining to Category No. 38 and re-proposed it for public comments. As stated in the response to Comment 1, the final exemption criteria include very stringent emission control requirements. The residual emissions from these air pollution sources would be of minor significance. By implementing and maintaining the criteria specified in the final exemption, VOCs emissions and HAPs emissions will be controlled to levels that are equal to or better than the NSPS, which became effective on October 15, 2012, and BAT levels. Additionally, historical de minimis emission thresholds are required to be achieved for NOX, VOCs and HAPs. Comment 22: It is true that fracking will result in jobs and less expensive fuel in the near term. The risk to the future of our economy and the health of the human race far outweigh any short-term gains. If we
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require those who want to frack to post a bond to cover future damages, then we would get a better idea of the net value of fracking. (413) Response: Thank you for your suggestion. However, the Department lacks authority to require a bond to cover future damages. Comment 23: The DEP needs to tighten the regulations for well pad emissions, not exempt the industry. The EPA has excellent suggestions for reducing emissions in the gas star program and these low cost and savings measures should be required to be implemented to reduce emissions. Each well pad is part of a system that is producing air pollution and this cumulative effect needs to be considered. (522) The commentator is against the proposed changes because they are inconsistent with 40 CFR Part 60, Subpart OOOO. And why isn’t DEP moving to incorporate green completion? Specifically, it appears that DEP is attempting to allow flaring with no permits, including enclosed flaring, flaring for re-fracking, and flaring for exploratory wells. This would go against 40 CFR Part 60, Subpart OOOO after it is fully implemented in 2015. (15) Response: The Department disagrees with the commentators. The exemption determinations do not exempt the sources from compliance with the emission limitations, work practice, and other applicable requirements contained in 25 Pa. Code Chapters 121 to 145 including recently finalized 40 CFR Part 60, Subpart OOOO. EPA has included some emissions reductions identified by the gas star program in the final 40 CFR Part 60, Subpart OOOO. The owners or operators of exempted sources still need to comply with all air quality regulations including 40 CFR Part 60, Subpart OOOO, including green completion. Comment 24: The time for exempting non-road engines has passed. The only circumstances where non-road engines need to be exempt are when the operator is choosing to use natural gas. Recommend the use of natural gas engines at drilling rigs, natural gas fired hydraulic fracturing engines, and all other natural gas-fired ancillary engines on the well pad. Natural gas engines have 1/3 of the emissions of diesel and reduction in carbon dioxide. (17) The commentator states that by exempting non-road engines from permitting in the proposed exemption list, DEP contradicts itself with the General Permit 11. The General Permit 11 authorizes the use of non-road engines, in many cases for well completions and other oil and gas operations. Recent searches of the Pennsylvania Bulletin show a significant increase in General Permit 11 authorizations at well pads. These facts, along with the emissions from non-road sources, suggest DEP should increase oversight of permitting for non-road engines at oil and gas extraction sites, not decrease it. (10)
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Response: The drilling phase is temporary in nature, ranging from a couple of weeks to a couple of months. It is unnecessary for the Department to require authorization to use GP-11 for temporary sources. Furthermore, the Department has limited authority to regulate these engines and Pennsylvania is preempted from establishing any technology standards such as “best available technology (BAT).” Non-road engines must comply with EPA’s non-road engine standards at 40 CFR Part 89. The Department believes that many companies that do drilling may start using natural gas because it offers great cost advantages compared to diesel or dual-fuel operations for drilling and fracturing. It also reduces diesel transportation costs because the engine can run on a much greater variation of readily available fuel sources. In the future, the Department may reevaluate this exemption list based on the availability of natural gas-fired engines and a supply of natural gas at the well sites. Comment 25: There are typically no air pollution control devices installed to mitigate air pollution from any unconventional Oil and Gas Well. (18) These compressor stations should have the best controls, catalytic converters and be inspected by state officials for emissions every year. Using gas with the latest technology is a good idea but keeping all controls in place with the proper permits will keep air clear. (586) The commentator suggested using better technology to reduce emissions. The technologies used in the facilities of the gas industry are lagging behind where they should be when it comes to improving the air quality, public health and safety of all Commonwealth citizens. Furthermore, the Department needs to have a policy for emissions such as: NOX, VOCs, and HAPs and are inspected by certified staff, on unannounced inspections, with operator’s records reviewed. (17) This commentator feels that the Technical Guidance Document on Category No. 38 should be protecting public health by requiring Emission Reduction Units at all compressor stations; requiring vapor recovery units at all wellheads; requiring closed loop systems and banning plastic-lined frack pits for flow back, throughout the state; and aggregating all the air emissions from this dispersed industry together, including off-road engines. (247) Response: Exempted thresholds for NOX, VOCs and HAPs are low where implementation of control technology is not economically feasible. The final exemptions criteria have constraints which are beyond federal requirements such as 40 CFR Part 60, Subpart OOOO (NSPS). The exemption requires effective control of emissions from wells, wellheads and other associated equipment. Simply stated, the criteria that must be met for a source to be exempted from permitting requirements are more stringent than NSPS and NESHAPs and some control measures that would be required under permitting obligations. If an owner or operator does not Date: 8/10/2013
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want to accept the permit exemption criteria obligations, they may submit an application for a plan approval to construct the sources and DEP will establish the appropriate new source control requirements as specified in our permitting regulations. See response to Comment 1 for further details. Comment 26: There has been little to no public announcement about this proposed change other than the PA Bulletin. The commentator went to the Bulletin and could not find any notice of where he should send his comments, only that comments were open. Therefore, the commentator is using the Clean Air Council site to send this comment and including the Clean Air Council’s comments, which he agrees with. (567, 569, 578) Response: The Department disagrees. The Pa. Bulletin notice has provided information on where to send comments. The Department has addressed comments received from the Clean Air Council in this document. Comment 27: This guidance document effectively creates a regulation, but not a requirement for a SIP revision to explain how DEP will require emissions reductions from these increasing sources. This guidance goes beyond a statement of purpose to effective regulatory language requiring DEP to acknowledge this with a SIP revision. The EPA should be able to comment and evaluate this guidance and its implications for PA’s ability to comply with federal CAA law. (20) The commentator believes that the proposed Exemption Category No. 38 is in violation of the Clean Air Act and in conflict with the requirements of Pennsylvania’s SIP since the proposed exemption is essentially acting as a regulation; and Pennsylvania did not follow the proper procedures for incorporating them into its SIP or Title V program. (10) Response: The technical guidance document is not a regulation and is not intended to change any regulations that were adopted. The disclaimer is clear on this point which reads “[n]othing in the policies or procedures shall affect regulatory requirements.” Furthermore, the Air Quality Permit Exemption List (No. 275-2101-003) is authorized under Section 6.1 of the Air Pollution Control Act, and implementing regulations in 25 Pa. Code § 127.14, which specify which sources and physical changes to sources are considered sources of minor significance. EPA has provided comments to the Department, and their comments are addressed in this document. Comment 28: The DEP has a policy regarding malodors that probably works well in the more populated areas that traditionally host industrial locations; that being the three complaints as a rule of thumb for enforcement. DEP must address all malodor concerns coming out of the site. (17)
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Response: Although a source may be exempt from the plan approval and operating permit requirements of Chapter 127, the source is subject to all other applicable air quality regulations. The exemptions list does not exempt the sources from compliance with the emission limitations, work practice, and other applicable requirements contained in 25 Pa. Code Chapters 121 to 145. This requirement can be found in the existing Section D (4) under “Further Qualifications Regarding Plan Approval Exempted Sources.” The owner and/or operator is required to comply with the applicable odor emissions requirements of 25 Pa. Code §123.31, which do not allow the owner or operator to emit any malodorous air contaminants that are detectable outside the property. The Department believes that the existing requirement addresses odor emissions from oil and gas industries. Comment 29: The natural gas dispensing facilities should not be granted exemptions from permits. Without a permit, citizens and the Department have no means to document or control accumulated air emissions. Both NOX and VOCs have harmful effects on air quality. The accumulated impacts of many small and moderate emissions are just as harmful as one large facility. Many areas of PA do not meet air quality standards and these exemptions will allow air quality problems to continue to grow as the number of natural gas facilities grows. The process of requiring a permit allows citizens and regulatory agencies such as the DEP to track and manage air pollution. (19, 574) Response: Based on the information reviewed by the Department, emissions from gas dispensing facilities are considered as being of minor significance. The permit exemption requires that the applicant emit no more than the historical de minimis emission thresholds for NOX, VOCs and HAPs which are applicable to sources located in other source categories. When natural gas is burned, it pollutes less than diesel fuel. Hence, it would reduce NOX, CO, PM, HAPs, SOX and greenhouse gases (GHGs). Comment 30: Commentators ask the Department to provide a definition for the term “conventional well" within the context of the proposed Exemption No. 38. One commentator suggests that DEP define the term “conventional well" as any well that does not meet the definition of unconventional well. The term “unconventional well” is defined in Act 13 as: “Unconventional well”: A bore hole drilled or drilled for purpose of or to be used for the production of natural gas from an unconventional formation. (3, 12) The simple statement of “conventional wells, wellheads and associated equipment” is far too vague to qualify for an exemption. The word “conventional” has changed in just the past year. We now see fracking equipment associated with operations that are just outside the definition of “unconventional” gas exploration. For example, slightly shallower gas extraction operations claim to be conventional because they are not drilling into deep Marcellus layers, but such operations are using many of the unconventional mechanical and chemical techniques. (19, 574) Date: 8/10/2013
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Response: Thank you for your comments. The Department agrees and made the following change in the final Permit Exemption List: 38a. Conventional wells, wellheads and all other associated equipment. A conventional well is any well that does not meet the definition of unconventional gas well in 58 PA.C.S §3203. Comment 31: The blanket exemption for "conventional wells, wellheads and associated equipment" included in Exemption No. 38 as item ii should identify the associated equipment and related activities that are included in the exemption. The commentator suggests that DEP revise the exemption as follows: “Conventional wells, wellheads, and associated equipment and related activities including site construction, drilling, completions, work overs, heaters, drips, brine tanks, compressors, pump jack engines, all other associated equipment and related activities associated with conventional gas and oil well production.” (3) The commentator requests that DEP clarify the meaning of the word “associated equipment” in paragraph i. Is it limited to those sources listed in other subparagraphs (e.g., storage tanks, flares)? Is it limited to equipment subject to NSPS, subpart OOOO? (4) Response: Any associated equipment is exempted; therefore, there is no need to specify a list of equipment. The suggested revisions to the criteria contain a circular argument. However, the Department added the following underlined word into the final exemptions list: …38a. Conventional wells, wellheads and all other associated equipment… Comment 32: Two commentators suggested the Department revise the structure and contents of the proposed Exemption No. 38 to improve its organization and readability. (3, 4) Response: The Department agrees. The final exemption criteria have been revised to improve readability. Comment 33: The commentator suggested the following revisions: • Within 60 days after the well is put into production, owner/operator and annually
thereafter, the owner/operator will perform a leak detection and repair (LDAR) program that includes either a) audible, visual and olfactory (AVO) inspections, or 2) use of a gas imaging camera, flame ionization detector (FID), photo ionization detector (PID), or gas imaging monitor, or 3) or other leak detection monitoring devices approved by the Department. LDAR is to be conducted on valves, flanges, connectors, compressor seals Date: 8/10/2013
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in natural gas or hydrocarbon liquids service. Leaks are to be repaired as expeditiously as possible, but no later than 30 days after leak detections unless facility shutdowns or ordering of new parts are necessary for repair. A leak is repaired if the one of the following can be demonstrated: a) no detectable emissions consistent with Method 21 of 40 CFR Part 60, Appendix A; b) a concentration of 2.5% methane or less using an LEL leak detector; c) no visible leak image when using a gas imaging camera; or d) no bubbling at leak interface using a soap solution bubble test specified in Method 21. Leaks, repair methods and repair delays must be recorded. (4) The commentator states that LDAR requirements are lengthy and contain so much information. It is cumbersome and difficult to follow. This sentence should be rewritten into several sentences to clearly specify its intention. (6) Response: The Department agrees with the exception of audible, visual and olfactory (AVO) inspections. The Department did not consider AVO inspections because methane is colorless and odorless gas. The Department has revised the criteria in 38.d.i. to address the comments. Comment 34: The Department should revise Item V of proposed Exemption No. 38 to include a definition of a "facility.” This would allow companies to clearly determine which activities, source(s), emission units, and/or operations are included in the rolling 12-month 2.7 ton VOC emission restriction and to exclude VOC emissions from Subpart OOOO activities and/or operations. Similarly, another said the term “facility” as used is confusing when taken in the same context with the term “facility” referred to in paragraph (i) of 40 CFR 60, Subpart OOOO. One asks DEP to provide guidance on what constitutes a “facility” for purposes of Category No. 38 and to prohibit the use of Category No. 38 where case-by-case source determination analyses are necessary. (3, 8) Response: Words and terms that are not defined in this document shall have the meaning set forth in 25 Pa. Code §121.1 (relating to definitions) or the APCA (35 P.S. § 4003), 25 Pa. Code, Chapters 121 - 145 and applicable definitions codified in the Code of Federal Regulations including 40 CFR Part 60 and 40 CFR Part 63. The term “facility” is defined in 25 Pa. Code Section 121.1 as an air contamination source or a combination of air contamination sources located on one or more contiguous or adjacent properties and which is owned or operated by the same person under common control. Comment 35: The commentator suggests that DEP revise Item iv as follows: “iv. Storage vessels/storage tanks equipped with VOC emission controls achieving emission reduction of 95% or greater and storage tanks/storage vessels with potential VOC emissions of
