How State-Level Air Permitting Drives Oil & Gas Emissions Control
Even with shifting federal priorities over recent years, one regulatory certainty has remained constant: state environmental agencies continue to drive emissions control requirements in the oil and natural gas industry. For operators working across multiple states, understanding the interplay between state and federal rules is key to staying compliant and minimizing costly downtime, penalties, or permitting delays.
Regardless of federal requirements and shifting enforcement trends, state environmental agencies remain the primary enforcers of air quality regulations. These agencies not only establish and uphold state-specific emissions standards, but also administer federal Clean Air Act (CAA) programs through their own air permitting systems. While recent and proposed federal changes have targeted greenhouse gas (GHG) regulations, longstanding controls on criteria air pollutant (i.e., VOCs, NOₓ, CO, particulate matter, and SO2) remain unchanged. As a result, industrial facilities must continue to comply with both state and federal emissions standards, as enforced through state-issued air permits.
This blog is a general description of state air permitting systems.
Air Permit Coverage
Air permits are required for stationary sources of air pollution. Under the CAA, air pollution sources are generally categorized into two main types: stationary sources and mobile sources. Each category is regulated differently under the law due to the nature of the emissions and how the sources operate.
A stationary source is any fixed site that emits air pollutants. For most state permitting programs, if the source is onsite for more than 1 year, it is considered a stationary source. Although, some states still require permits for sources operating at a site for less than 1 year (e.g., portable flares).
Mobile sources are generally excluded from air permitting requirements unless specifically required by a state agency. Under EPA regulations, mobile sources refer to air pollution sources that either move under their own power or are designed for transport, including vehicles such as cars, trucks, motorcycles, boats, aircraft, trains, and other nonroad engines. These sources are regulated separately through federal emissions standards for engines, vehicles, and fuels, and manufacturers must demonstrate compliance through certified testing protocols that limit pollutants such as nitrogen oxides (NOₓ), volatile organic compounds (VOCs), and particulate matter.
Air Permit Purpose
State air permits are designed to ensure that the state continues to or is making progress to meet the U.S. National Ambient Air Quality Standards (NAAQS). National Ambient Air Quality Standards (NAAQS) are federally established limits on the ambient air concentrations of specific regulated air pollutants. The standards apply to six criteria pollutants, including ozone (O3), particulate matter (PM), carbon monoxide (CO), sulfur dioxide (SO2), nitrogen dioxide (NO2), and lead (Pb). O3 is not directly emitted but is formed through atmospheric photochemical reactions involving nitrogen oxides (NOₓ) and VOCs in the presence of sunlight.
Counties that meet the National Ambient Air Quality Standards (NAAQS) are classified as attainment areas, while those that exceed allowable pollutant levels are designated as nonattainment areas.
Air Permit Types
The types of state air permits and approvals for certain activities include:
- Permit By Rule (PBR) – included in state regulations that detail permit coverage and permit requirements.
- General Permits (Standard Permits at TCEQ) – Authorized under state regulations and issued through regulatory approval. Unlike PBRs, the enabling regulations are not highly prescriptive; instead, the detailed requirements are contained in the permit document itself.
- Individual Permits – facility specific permits based on facility type and emission sources operating.
Depending on the state, these permit types may apply to both minor and major sources of air pollution.
Permits by location
Permit requirements depend on whether a facility is located in an area that meets the National Ambient Air Quality Standards (NAAQS).
- Attainment area NSR permits – Required for facilities located in areas that are in attainment with all NAAQS. This includes minor sources and major sources.
- Nonattainment area NSR permits required for facilities located in areas designated as nonattainment for one or more NAAQS pollutants. These permits are triggered for construction of a new major source of criteria air pollutants. The major source trigger depends on whether the area is classified as a marginal, moderate, serious, severe or extreme nonattainment area. Minor sources are exempt from nonattainment NSR permitting.
States may offer permitting options such as permits by rule (PBRs), general permits, or individual air permits.
Permit by Emission Level
| Permit Type | Typical Potential-To-Emit Threshold Triggering Initial Air Permit |
| Minor sources |
|
| Title V Operating Permits |
|
| Prevention of Significant Deterioration (PSD) NSR permit – located in an Attainment Area |
|
| Nonattainment NSR Permit – located in a Nonattainment Area |
|
Matching Technology to Meet Permit Requirements
Whether a facility is classified as a minor source, PSD source, or Title V major source, Cimarron provides flexible, compliance-focused solutions to help operators meet permitting thresholds. In many cases, our emission control technologies are used to reduce a facility’s potential-to-emit (PTE) emissions, enabling operators to qualify for as a minor source (PBR, General Permit) and simplify the permitting process. Cimarron’s vapor recovery units (VRUs), flares, and enclosed combustion devices (ECDs) are field-proven technologies engineered to control VOCs and HAP emissions from storage tanks and ensure compliance with NSPS OOOOa/b standards.
Cimarron’s LDAR services deliver a comprehensive approach to fugitive emissions management. With advanced tools like the Sytelink360® real time performance monitoring platform and expert field services, Cimarron helps operators detect, quantify, and repair leaks efficiently. This integrated approach not only ensures compliance with NSPS OOOOa/b and other regulatory requirements but also reduces emissions, minimizes operational risk, and supports sustainability goals.
Air Permit Documents
For PBRs and general permits, facilities typically receive standardized “boilerplate” permit approval/acknowledgment documents from the permitting agency. This can be a one page document that may not list details of permit requirements.
For PBRs, the facility will need to refer to the regulation authorizing the PBR for permit requirements.
For general permits, the regulatory agency issues a permit document that specifies the general requirements and conditions of coverage. Facilities use the air permit application process to identify which emission sources qualify under the general permit and which conditions apply.
The general permit document outlines both broad requirements (applicable to all facilities) and source-specific conditions tied to the types of emission units operating onsite. It also references applicable state and federal regulations, but the permittee is responsible for determining applicability and ensuring compliance. Compared to PBRs, general permit documents usually provide more detail on compliance obligations and permit conditions.
In contrast, individual permits are facility specific. They identify all permitted emission sources, establish limits on capacity, throughput, and emissions, and cite the regulatory requirements that apply. Although more detailed than PBRs or general permits, individual permits still reference regulations rather than restating every facility/emission source requirement in full, leaving the burden of interpretation and compliance planning with the permit holder.
Note: PBRs and General Permits are typically standardized, “boilerplate” documents issued to all qualifying facilities. Therefore, it is essential to refer to the original permit application used to obtain the PBR or General Permit when developing a compliance system for the site. This ensures that facility-specific requirements, limitations, and representations are properly addressed. This applies to individual permits as well, even though they typically contain more detailed, site-specific conditions within the permit document.
Air Permit Contents
The contents of an individual air permit varies by state but will commonly contain the following:
- Permit type (e.g., minor source, Title V, PSD, temporary/portable source)
- Facility permit #, ID#, company ID
- Facility contact and location information
- Facility description
- Permit effective date
- Permit expiration date (if applicable)
- List of emission sources with permit limits on:
- Emissions
- Operating rates (e.g., throughput, runtime, horsepower, capacity)
- Flaring rate
- Required emission control systems (e.g., flares, ECDs, vapor recovery, BTEX unit)
- Applicable federal and state air quality regulations
- Insignificant activities (de minimis emissions)
- Maintenance, startup, and shutdown emissions that can include malfunction emissions.
Cimarron Solutions Aligned with Permit Requirements
Many oil and natural gas facility air permits specifically require emission controls such as flares, ECDs, VRUs, or dehydrator BTEX control units to meet emissions limits for VOCs and HAPs. Cimarron provides a full suite of air emissions control technologies designed to meet or exceed these permit conditions – helping operators achieve compliance while maximizing operational uptime.
Summary
Federal and state air quality regulations impose enforceable emission limits for specific emission source types (e.g., storage tanks, engines, and dehydrators). While these federal standards (NSPS OOOOa/b) establish the technical requirements, state air permitting programs serve as the primary mechanism for implementing and enforcing them. State-issued air permits apply these source-specific standards to individual facilities, establishing enforceable emission limits for air pollutants. As a result, air permits are the key regulatory tool ensuring compliance at the operational level.
Facilities encounter a range of permit types, including Permits by Rule, general permits, and individual permits. The specific requirements associated with each permit type vary depending on factors such as the facility’s operations and whether it is located in an attainment or nonattainment area. For operators, understanding how these permitting programs apply is essential to obtaining timely approvals, ensuring ongoing compliance, and avoiding costly project delays.
While the facility’s air permit outlines the enforceable requirements, it is imperative to also review the air permit application submitted to obtain that permit. The application provides critical context, including the underlying assumptions, emission calculations, and operational parameters that define the scope and limitations of the permit. Without this understanding, a facility may overlook key compliance obligations or misinterpret permit conditions.
Conclusions
State level air permitting is more than a paperwork exercise. Each permit reflects regulatory assumptions, enforceable limits, and source specific requirements that shape how a facility is designed, operated, and maintained. For operators, success depends on more than simply securing the permit. Long term compliance requires clear understanding of the permit conditions, accurate monitoring of emissions, and reliable control systems that perform in the field.
Cimarron works directly with operators to translate permit conditions into effective solutions. Our technologies, including vapor recovery units (VRUs), enclosed combustion devices (ECDs), flares, and BTEX control systems, are engineered to meet federal and state standards while reducing emissions and supporting operational reliability. With Sytelink360®, operators gain real time visibility into emissions control performance, making it easier to demonstrate compliance and respond quickly to changing conditions. Along with our compliance expertise and LDAR services, Cimarron delivers a complete set of tools to help operators manage air permitting requirements and maintain compliance over the life of their facilities.
Need help interpreting your air permit or selecting the right emissions control system? Cimarron offers industry leading solutions backed by regulatory expertise. Contact our team to schedule a consultation or learn more about how our technologies can support your air permitting and compliance strategy.
Visit our website at cimarron.com or call us at 1 (844) 746-1676.