Agricultural Grandfathered Facilities

Many feed and fertilizer operations in business since 1971 have been "grandfathered" (exempt) from obtaining air permits. According to the Texas Commission on Environmental Quality (TCEQ), these small businesses may now be required to obtain an air permit. The information available from this Web site will help determine if an agricultural grandfathered facility needs to obtain a permit and when it should be obtained.

• What is a Grandfathered Facility? To qualify as grandfathered, the equipment must have been fully built and operating before September 1, 1971, and must not have been changed since that date.
• I've been operating all these years without an air permit. Why do I need one now? In 2001, the Texas legislature voted to require all grandfathered facilities to apply for an air permit or shut down their operations. To ease this transition, the legislature established a special type of permit, called a Small Business Stationary Source Permit, for small businesses. (100 employees or less)
• When do I need to have the air permit? In order to be eligible for a Small Business Stationary Source Permit, it must be applied for no later than September 1, 2004.
• What happens if I don't get an air permit? After September 1, 2004, no one will be eligible to receive a Small Business Stationary Source Permit. To obtain a permit after September 1, 2004, an application must be made for a New Source Review Permit and be subject to:
  • larger application fees
  • more stringent control devices
  • more stringent review of off-property impacts
  An operator may also decide to shut down the facility. If an operator plans to shut down their facility instead of getting an air permit, they need to inform TCEQ and cease operation of the equipment before March 1, 2008.

Rules That Apply to These Facilities

• Feed Milling ( Permit By Rule 106.281 )
• • Requires equipment specifications (see rule language)
  • No required air authorizations
• Feed Grinding Facilities ( Permit By Rule 106.282 )
• • No paperwork required for non-commercial operations
  • Requires air authorizations for commercial businesses (sell to the public) (see rule language)
• Grain Handling, Storage, and Drying ( Permit By Rule 106.283 )
• • Equipment and distance requirements for commercial and non-commercial facilities.
  • Requires air authorizations for non-commercial grandfathered facilities (see flowchart to determine what forms may need to be filled out) (PDF) (Help with PDF)
• Aqueous Fertilizer Storage ( Permit By Rule 106.301 )
• • No required air authorizations
• Forms Needed to Comply with These Rules
• • Permit By Rule Flowchart (PDF) (Help with PDF)
  • PI-7 Form (PDF) (Help with PDF)
  • Core Data Form and instructions. (PDF)(Help with PDF)
  • PBR 106.283 Checklist (PDF) (Help with PDF)

Other Useful Links

• Grain Facililty Permit Development Checklist
• - An aid to those who wish to complete their air authorization without the help of a consultant (PDF) (Help with PDF)
• Air Emissions Calculation Tips
• Air Permit Technical Guidance
• • Feedmills (PDF) (Help with PDF)
  • Grain Elevators
  • Anhydrous Ammonia Storage and Handling Facilities
  • Dry Bulk Fertilizer Handling Facilities
  • Supplemental Information Sheet for Grain Elevators/Feedmills (PDF) (Help with PDF)

For further information or assistance, call the SBLGA section at 1-800-447-2827, or contact the SBLGA compliance assistance specialist in the TCEQ regional office nearest you.