ok-1030: Department of Environmental Quality — Air Pollution Control

Summary

The Department of Environmental Quality (Department or DEQ) is proposing to amend the Permit By Rule (PBR) in OAC 252:100-7-60.5, Oil and natural gas sector, in response to the U.S. Environmental Protection Agency's (EPA's) recently promulgated requirements in 40 C.F.R. Part 60, Subpart OOOOb Standards of Performance for Crude Oil and Natural Gas Facilities for which Construction, Modification or Reconstruction Commenced After December 6, 2022 (NSPS Subpart OOOOb). Additionally, the proposed amendment would allow the use of legally and practicably enforceable (LPE) limits when determining a facility's eligibility for the PBR. On June 11, 2024, the Environmental Quality Board adopted emergency rules in OAC 252:100-7-60.5, which were approved by the Governor on July 25, 2024. This emergency rule allows the use of the above-mentioned LPE limits. The proposed permanent rule amendments would replace the currently-effective emergency rule. Absent changes in other sections of Chapter 100, the proposed changes to the permanent rule language in OAC 252:100-7-60.5 would trigger additional requirements regarding the reporting of emissions of Greenhouse Gases (GHGs), submission of fees for GHGs, and other state permitting requirements for which GHGs have historically been exempt. To ensure that the proposed permanent amendments to the PBR for the oil and natural gas sector do not create additional, unintended requirements for owners and operators of various facilities, the DEQ is proposing amendments to other sections of Chapter 100. These amendments would ensure that GHG emissions remain exempt from annual emission inventory reporting and fees. Further, GHG emissions would not be factored into certain permitting determinations, such as eligibility for a “de minimis facility,” a “permit exempt facility,” or a PBR or general permit; or used as the basis for a major source/NSR determination, except for the federal requirement for a BACT analysis under the (major source) PSD program where another pollutant (non-GHG) triggers the requirement for a PSD permit and GHG emissions will increase by 75,000 tons CO2e. Further, GHG limits will only be included in minor facility permits if the facility is subject to a GHG limit under a federal NSPS or National Emission Standard for Hazardous Air Pollutants (NESHAP), a requirement adopted as mandated by a federal Emissions Guideline in accordance with 40 C.F.R. Part 60, or when the facility owner or operator requests a limit. Additional amendments to OAC 252:100-8-4 will incorporate changes to authorize electronic submission of an application for a major source construction or operating permit and to clarify that a facility that is required by federal rule to obtain a Title V operating permit absent a change in facility equipment or emissions increases will continue to be subject to any emission limits established in a previously obtained minor source permit unless the facility obtains a major source construction permit. The gist of the proposed rule is to clarify source eligibility criteria for the PBR and ensure that the current PBR allows facilities potentially subject to NSPS Subpart OOOOb to take LPE limits to avoid applicability of the federal requirements for certain equipment. Additional changes will ensure that GHGs are exempt from various requirements except for the federal requirement for a BACT analysis under the (major source) PSD program where another pollutant (non-GHG) triggers the requirement for a PSD permit and GHG emissions will increase by 75,000 tons CO2e. Lastly, proposed changes authorize electronic submission of applications and clarify requirements applicable to minor source facilities that are later required by federal rule to obtain major source (Title V) operating permits

The agency’s own summary, as published.