Aug 8, 2013 4 min read

The state Department of Environmental Resources Thursday announced changes to give operators of unconventional shale wells a choice between seeking an air quality plan approval from the agency or demonstrating and implementing controls and practices more stringent than federal rules.

A spokesman for the trade group that represents operators and supply chain companies working in the Marcellus Shale said the revised guidance not only makes the rules clearer but will result in cleaner air coming from the well sites.

“It’s not an exemption from control, it’s an exemption for needing to get a permit,” said Andrew Paterson, a petroleum engineer and vice president at Marcellus Shale Coalition. He said in most cases, operators will opt to implement the most stringent standards.

MSC said Thursday it supports the agency’s change.

In April 2012, the U.S. Environmental Protection Agency announced, for the first time, national air quality rules for oil and gas sites.

Earlier this year, DEP announced it was proposing to amend technical guidance detailing which emissions sources would not be required to obtain air quality plan approvals from the state. Oil and gas well sites had been granted blanket exemptions from obtaining approvals since 1996.

According to Paterson, most operators will opt for implementing more stringent controls instead of seeking approval for an air quality plan “because it takes a lot longer” to obtain the permit.

The changes will appear in a formal notice later this week in the upcoming edition of the Pennsylvania Bulletin.

“Governor Corbett’s continued leadership on energy and environmental issues has put Pennsylvania in a unique position – air quality has improved over the past few years at the same time the state’s energy portfolio continues to expand the development and use of natural gas,” said DEP Acting Secretary Chris Abruzzo. “We fully expect both of those trends to continue, and this strategy builds on existing federal requirements by continuing to set the high, but fair, bar we have come to expect.”

Paterson said, “The state has the ability to go beyond what the federal requirements are, and that’s what they’re doing.”

A spokesman for Range Resources, the most active driller in the Marcellus Shale, said Thursday the changes reflect the ongoing evolution of regulations and industry practices.

“While we are still analyzing the criteria, we recognize that in order to fulfill the great opportunities for our environment and economy from natural gas development, the regulations, standards and practices will continue to evolve and improve, and these changes reflect that evolution,” said Matt Pitzarella in an email. “Natural gas has helped to dramatically reduce air emissions in the commonwealth and improve overall air quality.”

The DEP guidance includes practices such as a lead detection and repair program for the entire well pad and facilities, rather than just the storage vessels as required by federal rules. Any leaks must be repaired within 15 days unless the operator shuts down the site or is in the process of acquiring replacement parts. Emissions of volatile organic compounds and hazardous air pollutants must also be controlled beyond levels required by the federal rules. DEP’s guidance also requires that emissions of nitrogen oxides be less than 100 pounds per hour, a half-ton per day and 6.6 tons per year. Federal rules do not address or limit such emissions.

Finally, while both the federal rules and the state’s guidance allow for flaring (with the EPA requiring green completions at all wells by Jan. 1, 2015), open flaring is allowed by the state only on a short-term or emergency basis. Flaring used as emission control on storage vessels must be enclosed, resulting in reductions of volatile organic compounds and hazardous air pollutants. According to DEP, enclosed flares have been demonstrated to achieve up to 99.9 percent elimination of such pollutants.

DEP said it accepted comments on the proposed revision to its air quality permit exemption list from February through May 2011 and again from Feb. 2 through March 19 this year for a second revised version. It said more than 650 people commented on the proposed criteria.

Earlier this year, DEP announced a revised general permit for compressor stations and gas processing facilities that included significantly lower allowable emission limits.