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west virginia department of environmental protection
west virginia department of environmental protection
west virginia department of environmental protection

Oil & Gas Well Pads Guidance: Air Permitting and Compliance

Permitting Guidance

In West Virginia, the Division of Air Quality (DAQ) regulates air emissions through 45CSR13 (Rule 13), which often requires an air quality permit before constructing or operating air emissions units. To streamline compliance for well pad operations, DAQ has introduced General Permit G70-D, a flexible permit covering various modifications at a site. However, this permit requires an Annual Certification submission—along with a $1,000 annual fee—to assess changes. Since March 1, 2018, all G70-D permit applications, Alternative Operating Scenarios, and Annual Certifications must be submitted through the DEP’s ESS System.

For new well sites producing "condensate," a permit is generally required if production exceeds 0.5 barrels (21 gallons) per day. Additionally, storage tanks are considered "permanent"—and thus subject to Rule 13 permitting—if they are intended to remain on-site for 180 consecutive days or more. While air emissions units can be stored or received on-site before permit approval, installation or erection is prohibited until a permit is issued; operators should consult DAQ for clarification.

Permanent flares and combustors automatically require an air permit under 45CSR6 (Rule 6). Engine emissions are also regulated: engines over 500 horsepower (hp) may need annual emission testing, while those 100 hp or greater typically require an initial test. Smaller engines (under 100 hp) may still need a field emission test, though USEPA-certified engines are generally exempt from these requirements. Operators should verify specific compliance needs with DAQ to avoid violations.

Federal New Source Performance Standards (NSPS) OOOO and OOOOa

In West Virginia, the Division of Air Quality (DAQ) enforces federal New Source Performance Standards (NSPS) for oil and gas operations, with specific regulations applying based on well drilling dates. NSPS OOOO governs gas wells drilled between August 23, 2011, and September 18, 2015, while NSPS OOOOa applies to oil and gas wells drilled after September 18, 2015, introducing new controls for Volatile Organic Compounds (VOCs) and Greenhouse Gases (GHGs)—a first for these standards. Additionally, NSPS OOOOa requires monitoring of fugitive emissions (such as leaks from equipment) for VOCs and GHGs by June 2017.  

Storage tanks that begin receiving liquids sixty (60) days after production starts may trigger compliance with NSPS OOOO, NSPS OOOOa, and potentially West Virginia’s Rule 13, necessitating an air permit. Operators must also provide two (2) days’ notice before flowback operations, submitting notifications via email to USEPA Region III (r3wellcompletion@epa.gov) and DAQ (DEPOilandGasSector@wv.gov).  

Under "Green Completions" requirements, oil and gas wells must avoid flaring or venting gas if it can be separated, with an exemption for wells producing less than 300 standard cubic feet (scf) per barrel. Temporary flares or combustors used during flowback operations typically do not require an air permit if they are used for less than 30 days within a 12-month period per site. Operators should confirm compliance details with DAQ to ensure adherence to these regulations.  

 

New Federal NSPS OOOO and OOOa

This regulation (40CFR60 Subpart OOOOa) applies to each oil/gas well that is hydraulically fractured/refractured after September 18, 2015, each centrifugal compressor using wet seals, each reciprocating compressor, continuous bleed natural gas-driven pneumatic controllers and storage vessels at oil and gas wells.  

NSPS OOOOa Exemptions

  • Storage vessels less than 6 tpy PTE VOCs
  • Compressors at well pads
  • Pneumatic controllers with a single “continuous bleed” rate <6 scfh
 
 

Pre-Drilling Checklist

  • Will I need to use a flare/combustor more than 30 days to control emissions for safety or any other reason?
    If yes, then you are required to obtain an air permit.  

  • Do I expect condensate production?
    If yes, you will need to estimate how much may be produced by using estimates from existing or “representative” (in the area) wells and how much VOCs will be emitted from the storage tanks to determine if a permit is needed.  

  • Will I need an engine (VRU, compressor, etc.) at the well pad?
    If so, you will need to determine the horsepower required, engine manufacture date, whether the engine needs a catalyst installed and the air emissions from the engine to determine if a permit is needed.  

  • Will I need a triethylene glycol dehydration unit?
    If so, you will need to get a wet gas extended analysis, estimate the expected gas production, and use the maximum glycol pump(s) rate to estimate the emissions to determine if you need a permit.  

 
 

Potential to Emit (PTE)

The Division of Air Quality (DAQ) evaluates air permit requirements based on a facility’s Potential to Emit (PTE), which determines whether emissions controls or permitting are necessary. An air permit is mandatory if a facility’s facility-wide Volatile Organic Compounds (VOC) emissions potential exceeds 6 pounds per hour (144 pounds per day) or if its benzene or formaldehyde emissions potential reaches 1,000 pounds per year or more. These calculations assume 8,760 operating hours annually without any emission reduction measures, meaning facilities must account for full-capacity operations unless controls are in place.  

Additionally, an air permit is required if a facility triggers any substantive requirement of an emissions control rule, including compliance with New Source Performance Standards (NSPS) OOOOa storage vessel controls or Leak Detection and Repair (LDAR) programs. For storage vessels, PTE determinations use maximum throughput data from the first 30 days of production—a critical factor in assessing whether NSPS OOOOa applicability is met. Operators must carefully evaluate these thresholds to ensure compliance with DAQ and federal regulations.  

 
Rule 13 Federal NSPS OOOO
VOC ≥6 lbs./hour facility-wide uncontrolled ≥6 TPY per storage vessel
Benzene ≥1,000 lbs./year facility-wide uncontrolled N/A
Vapor Recovery Unit (VRU)1, 2 Does “not” count toward emissions reductions for PTE Counts towards emissions reductions from a storage vessel conditionally

1 VRU limiting VOC emissions from storage vessels (6 tpy trigger) is required to follow conditions set forth in NSPS OOOOa  

2 If VRU removed, then the storage vessel’s VOC PTE must be redetermined within 30 days (NSPS OOOOa).  

 
 

Relevant Rules and Regulations

State Air Quality Rules

  • 45CSR6

    Flares. Control of air pollution from combustion of refuse. 

  • 45CSR13

    Permits for construction, modification, relocation and operations of stationary sources of air pollutants, notification requirements, administrative updates, temporary permits, general permits, permission to commend constructions, and procedures for evaluation. 

  • 45CSR22

    Air quality management fee program. 

  • G70-E

    Annual Certification Fee: The requirements and conditions of this general permit address the prevention and control of regulated air pollutants from eligible natural gas production facilities located at the well site. 

  • 45CSR17

    Road Dust: To prevent and control particulate matter air pollution from materials handling, preparation, storage and other sources of fugitives particulate matter. 

  • WV Code 22-5

    WV Code 22-5: Air Pollution Control 

 

Federal Air Quality Regulations

 
 

New Natural Gas Well Flowback Notifications for NSPS OOOO/OOOOa/OOOOb

These notifications are required to be submitted on or after October 15, 2012 for all hydraulically fractured wells drilled after August 23, 2011 and on or before September 18, 2015 (OOOO); after September 18, 2015 and on or before December 6, 2022 (OOOOa); and after December 6, 2022 (OOOOb).  

 

Documents and Forms

 
 

Overview

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 (OOOO). Standards of Performance for Crude Oil and Natural Gas Facilities for which Construction, Modification or Reconstruction Commenced After September 18, 2015 and on or before December 6, 2022 (OOOOa). Standards of Performance for Crude Oil and Natural Gas Facilities for which Construction, Modification or Reconstruction Commenced After December 6, 2022 (OOOOb)

Frequently Asked Questions

Frequently asked questions about 40 CFR Part 60 Subpart OOOO/OOOOa/OOOOb 

What is the purpose of 40 CFR Part 60 Subpart OOOO/OOOOa/OOOOb?

You may use this form to meet the requirements for submitting a well completion notification under New Source Performance Standards for Crude Oil and Natural Gas Production, Transmission and Distribution (40 CFR Part 60, Subpart OOOO) or for Crude Oil and Natural Gas Facilities regulated under (40 CFR Part 60, Subpart OOOOa) or for Crude Oil and Natural Gas Facilities regulated under 40 CFR Part 60, Subpart OOOOb. However, you may submit the information in another form or format.  

Well completion means the process that allows for the flowback of petroleum or natural gas from newly drilled wells to expel drilling and reservoir fluids and tests the reservoir flow characteristics, which may vent produced hydrocarbons to the atmosphere via an open pit or tank.  

Well completion operation means any well completion with hydraulic fracturing or refracturing occurring at a well affected facility. Well means a hole drilled for the purpose of producing oil or natural gas, or a well into which fluids are injected.  

Well site means one or more surface sites that are constructed for the drilling and subsequent operation of any oil well, natural gas well, or injection well. For purposes of the fugitive emissions standards at §60.5397a, well site also means a separate tank battery surface site collecting crude oil, condensate, intermediate hydrocarbon liquids, or produced water from wells not located at the well site (e.g., centralized tank batteries).  

If the well site/pad has a DAQ identification number include in this notification. An air quality permit may be required prior to putting the well into production.  

Am I subject to the Crude Oil and Natural Gas Production, Transmission and Distribution NSPS OOOO, Crude Oil and Natural Gas Facilities NSPS OOOOa, or Crude Oil and Natural Gas Facilities NSPS OOOOb?

Subpart OOOO: You are subject to the Crude Oil and Natural Gas Production, Transmission and Distribution NSPS if you own or operate one or more of the onshore affected facilities listed in paragraphs (a) through (g) below for which you commence construction, modification or reconstruction after August 23, 2011 and on or before September 18, 2015.  

(a) Each gas well affected facility, which is a single natural gas well.  

Subpart OOOOa: You are subject to the applicable provisions of this subpart if you are the owner or operator of one or more of the onshore affected facilities listed in paragraphs (a) through (j) of this section for which you commence construction, modification, or reconstruction after September 18, 2015 and on or before December 6, 2022.  

(a) Each well affected facility, which is a single well that conducts a well completion operation following hydraulic fracturing or refracturing. The provisions of this paragraph do not affect the affected facility status of well sites for the purposes of §60.5397a. The provisions of paragraphs (a)(1) through (4) of this section apply to wells that are hydraulically refractured:

(1) A well that conducts a well completion operation following hydraulic refracturing is not an affected facility, provided that the requirements of §60.5375a(a)(1) through (4) are met. However, hydraulic refracturing of a well constitutes a modification of the well site for purposes of paragraph (i)(3)(iii) of this section, regardless of affected facility status of the well itself.

(2) A well completion operation following hydraulic refracturing not conducted pursuant to §60.5375a(a)(1) through (4) is a modification to the well.

(3) Except as provided in §60.5365a(i)(3)(iii), refracturing of a well, by itself, does not affect the modification status of other equipment, process units, storage vessels, compressors, pneumatic pumps, or pneumatic controllers.

(4) A well initially constructed after September 18, 2015 and on or before December 6, 2022, that conducts a well completion operation following hydraulic refracturing is considered an affected facility regardless of this provision.

Subpart OOOOb: You are subject to the applicable provisions of this subpart if you are the owner or operator of one or more of the onshore affected facilities listed in paragraphs (a) through (j) of this section for which you commence construction, modification, or reconstruction after December 6, 2022.

(a) Each well affected facility, which is a single well drilled for the purpose of producing oil or natural gas.

(1) In addition to § 60.14, a “modification” of an existing well occurs when:

  1. An existing well is hydraulically fractured, or
  2. An existing well is hydraulically refractured.

(2) For the purposes of a well affected facility, a liquids unloading event is not considered to be a modification.

(3) Except as provided in § 60.5365b(e)(3)(ii)(C) and (i)(3)(ii), any action described by paragraphs (a)(1)(i) and (ii) of this section, by itself, does not affect the modification status of process unit equipment, centrifugal or reciprocating compressors, pumps, or process controllers.

Disclaimer: This regulation covers other emission sources after well completion activities are completed. This notification is specific to well completions. Please refer to the complete regulation for all emission sources covered by this regulation.

When must I submit a Well Completion Notification (§60.5420(a)(2) & 60.5420a(a)(2))?

No later than 2 days prior to the commencement of each well completion.

To whom do I submit the initial notification?

You may submit the notification in writing or in electronic format.

Email: r3wellcompletion@epa.gov
Mail:

Director, Air Protection Division
Mail Stop 3AP00
1650 Arch Street,
Philadelphia, PA 19103

Email: DEPAirQualityReports@wv.gov
Mail:

Director, Division of Air Quality
601 57th Street SE
Charleston, WV 25304

 
 

Contact Us

Jamie Jarrett, Compliance and Enforcement
Phone: (304) 926-0499 x41265
Email: James.F.Jarrett@wv.gov

Alex Wood, Permitting
Phone: (304) 926-0499 x43752
Email: Alexander.T.Wood@wv.gov

Roy Kees, Permitting
Phone: (304) 926-0499 x41269
Email: Roy.F.Kees@wv.gov​

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Imminent Danger: 911
Official Emergency Spill Report
1-800-642-3074
Non-Emergency
1-304-926-0499

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