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NOTIFICATION REQUIREMENTS UNDER EPA’S NEW CLEAN AIR ACT REGULATIONS

Notification requirements of the New Source Performance Standards (NSPS) Subpart OOOO, relating to Standards of Performance for Crude Oil and Natural Gas Production, Transmission and Distribution, became effective October 15, 2012. Recently, EPA Region 6 sent a letter regarding the notification requirements, and erroneously stated the notification was to be sent to EPA. Please note that the Texas Commission on Environmental Quality (TCEQ) is the delegated authority for these rules in Texas. It is our understanding that EPA will send a clarifying letter and the Railroad Commission (RRC) will post the letter when we receive a copy. Please also note that RRC and TCEQ have filed a Petition for Reconsideration and Stay with EPA, and the Office of Attorney General of Texas has preserved the State's right to pursue litigation over these rules. RRC and TCEQ intend to establish RRC as the agency to receive notifications early in 2013. In the meantime, the notification requirements are in place, and TCEQ is the proper agency to which operators should provide the required information.

TCEQ has established a mechanism to comply with EPA’s new reporting requirements for completion of hydraulically fractured natural gas wells.

The well completion and flowback notification should be submitted electronically to the TCEQ though STEERS.

All other notifications and reports that are required for compliance with NSPS OOOO and NESHAPs HH & HHH should be mailed to the TCEQ regional office that serves the county in which the site is located. This includes the compressor and sweetening unit notifications required in section 60.5420.

Questions regarding the requirements of NSPS OOOO and NESHAPs HH & HHH, including notification can be emailed to AirOG@tceq.texas.gov or by phone at 512-239-1250.