By: Kelley M. Goes
On November 2, 2015, the WVDEP made a final determination to issue General Permit G70-B for the Prevention and Control of Air Pollution in regard to the Construction, Modification, Relocation, Administrative Update and Operation of Natural Gas Production Facilities Located at the Well Site. General Permit G70-B’s proposed benefit to the natural gas industry is the adoption of the facility-wide emissions caps designed to address the dynamic nature of the operation of production facilities at the well site, including frequent changes in equipment.
Changes of Interest to the Proposed General Permit G70-B Language
Proposed General Permit G70-B was published for comment in late July. The response to comments made regarding the proposed permit were made available at the same time as the final determination. http://www.dep.wv.gov/daq/permitting/Documents/G70-B%20Final/G70-B%20Response%20to%20Public%20Comment.pdf
Most industry comments were met with acknowledgment with a few clarifications thrown in. There were several changes worth noting. At the request of the US EPA, fugitive emissions from stationary sources will be considered in determining whether a facility meets its cap for any HAP. See Permit Condition 1.1.2. A major clarification involved the use of systems for the control or recycling of possible emissions from a dehydrator relating to permit condition 8.1.8. The proposed language appeared to require both a condenser and a flash to claim a capture and control efficiency of 50%. This was not the WV DEP’s intent, and the agency changed the language to reflect that either method may lead to a claim of capture and control efficiency of 50%. Two other WVDEP adjustments relieved the registrant from having to record the heating value of gas flared (Permit Condition 8.4.9) and allowed the demonstration of capture efficiencies for rail cars if the rail company provides written certification that all rail cars servicing the location are compliant (Permit Conditions 14.1.2 and 14.2.2).
Procedure Going Forward for Pending Applications and New Applications
For pending G70-A registration applications, the DAQ has established a transition period covering three scenarios:
- A G70-A registration application currently under review by the DAQ will be issued as such, unless the applicant elects to change to the G70-B application process. That election will require the applicant to withdraw the pending G70-A application and submit a new G70-B application utilizing the new G70-B forms. No additional application fee nor re-publishing the Class I legal advertisement is required.
- All G70 applications received on or after November 2, 2015 and ending on December 31, 2015 have the option of applying for registration under either G70-A or G70-B.
- All G70 applications received on or after January 1, 2016 are required to apply for G70-B and utilize G70-B forms.
The G70-B application and WVDEP Fact Sheet is available here: http://www.dep.wv.gov/daq/permitting/Pages/airgeneralpermit.aspx
The author of this article is Kelley M. Goes, Jackson Kelly, PLLC.