States have taken varying approaches to regulating methane emissions from unconventional oil and gas production. The initiatives and regulations adopted by Pennsylvania, Texas, Colorado, California, Ohio and West Virginia are detailed below.
Under Pennsylvania law, new sources of air pollution generally are required to prepare a plan and obtain approval for the plan from the Department of the Environmental Protection. DEP regulates new sources of emissions of methane from oil and gas activities under the Air Pollution Control Act and regulations adopted under the act; its Air Quality Permitting Program; and by implementation of federal regulations codified at 40 CFR Part 60, Subpart OOOO and Subpart OOOOa. These regulations are adopted and incorporated by reference in their entirety at 25 Pa. Code, Chapter 122.
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Secondary Sources
Institutionally, the Railroad Commission of Texas (RRC) is the chief regulatory organization for oil and gas industry including pipeline transporters, natural gas and hazardous liquid pipeline industry, natural gas utilities, the LP-gas industry, and coal and uranium surface mining operations.[1] The Texas Commission on Environmental Quality (TCEQ) also has a role as Texas’ environmental agency. A memorandum of understanding between the RRC and the TCEQ explains their jurisdiction over various oil and gas activities.[2] Although Texas generally does not directly regulate methane as an air pollutant, methane emissions are covered as a regulated greenhouse gas under the Texas Clean Air Act.[3]
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Secondary Sources
In February 2014, the Colorado Air Quality Control Commission (CAQCC) adopted the first rules in the U.S. to directly regulate methane and volatile organic compounds (VOC) emissions from both new and existing oil and gas wells. The Commission derives its power to promulgate and enforce air quality regulation from the Colorado Air Pollution Prevention and Control Act.[1] the 2014 regulations require oil and gas companies to find and fix methane leaks, manage their operations, and where necessary, install technology to limit or prevent methane and VOC emissions. These regulations apply to oil and gas exploration and production operations, well production facilities, natural gas compressors stations, and natural gas processing plants. The rules apply to existing and new facilities.
Regulations and Government Sources
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[1] Colo. Rev. Stat. Ann. § 25-7-101 (West 2017).
California’s approach to regulating methane emissions from unconventional oil and gas is grounded in its broader greenhouse gas emissions standards for oil and gas. It also has passed specific laws on natural gas storage wells and leak abatement. In California, local air districts – including the local air pollution control district (APCD) and the air quality management district (AQMD) – have primary authority for issuing permits, monitor new and modified sources of air pollutants and ensure compliance with national, state, and local emission standards.[1] The California Air Resources Board (ARB) does not have authority to issue permits directly to stationary sources of air pollution.
Regulations and Government Sources
[1] See California Stationary Sources Permitting – Background, California Air Resources Board, Apr. 20, 2010, https://www.arb.ca.gov/permits/stationary-sources-overview.htm; See also Local Air Districts (APCD or AQMD) Authority to Construct, California Air Resources Board, Apr. 20, 2010, https://www.arb.ca.gov/permits/airdisac.htm; See also Air Districts (APCD or AQMD) Operating Permits, California Air Resources Board, Apr. 20, 2010, https://www.arb.ca.gov/permits/airdisop.htm.
The Ohio Environmental Protection Agency’s Division of Air Pollution Control develops and enforces rules in the Ohio Administrative Code regarding the state’s oil and gas industry and its associated emissions. the Ohio Environmental Protection Agency (OEPA) is empowered through the Ohio Administrative Code to issue permits to the oil and gas industry. Before streamlining the permitting process by instituting general permits, well site operators and upstream facilities had to meet Ohio’s emission standards through extensive case-by-case permit reviews.
Statutes and Government Sources
Ohio Administrative Code
The West Virginia Department of Environmental Protection (DEP) Division of Air Quality (DAQ) regulates and oversees air regulations in West Virginia. The State has incorporated 40 CFR 60, Subpart OOOO—Standards of Performance for Crude Oil and Natural Gas Production, Transmission and Distribution for which Construction, Modification or Reconstruction Commenced after August 23, 2011, and on or before September 18, 2015 and also, incorporated 40 CFR Part 60 Subpart OOOO(a)— Standards of Performance for Crude Oil and Natural Gas Facilities for which Construction, Modification or Reconstruction Commenced after September 18, 2015.
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For more information, please contact the Guide Author, Ekrem Korkut, Research Assistant at The Center for Agricultural and Shale Law.
Email: EZK137@psu.edu
The Center for Agricultural and Shale Law
Penn State Law
The Pennsylvania State University
329 Innovation Blvd., Suite 118
University Park, PA 16803
Phone: (814) 865-4290
Fax: (814) 865-3851