Air Quality Permitting

Section 1 of the bill clarifies that a request for general permit registration does not constitute having a valid construction permit (permit). Section 1 also requires the division of administration in the department of public health and environment (division) or the air quality control commission (commission), in evaluating a permit application for an emitting source (source) that includes an oil and gas system (oil and gas system), to:

• Aggregate emissions from the oil and gas system; and
• Include emissions from exploration and preproduction activities.

Section 2 requires that the division or the commission only grant permits for certain proposed sources in a nonattainment area if:

• The division or commission determines that the proposed source will not contribute to an exceedance of any applicable national ambient air quality standard (determination);
• The owner or operator of the proposed source achieves emissions reductions of each air pollutant for which the nonattainment area is in nonattainment that are equal to or greater than the anticipated emissions of the proposed source; and
• The proposed source is not in a disproportionately impacted community.

On and after January 1, 2025, the division or commission must base any determination on the modeling of air quality impacts from emissions (air quality modeling).

If a permit is granted after air quality modeling is conducted:

• Any assumption used in the air quality modeling must be included in the permit as a permit condition; and
• Any averaging time utilized for a permit condition must be no greater than the averaging time for any applicable national ambient air quality standard.

Section 3 requires the energy and carbon management commission to require that an oil and gas operator obtain a permit from the division or the commission before making a final determination on an oil and gas permit application.
(Note: This summary applies to this bill as introduced.)