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Agricultural Grandfathered Facilities

This page describes what small agricultural grandfathered facility owners need to know about new TCEQ rules for registering their facilities.

Many feed and fertilizer operations in business since 1971 have been "grandfathered" (exempt) from obtaining air permits. According to the TCEQ, these small businesses may now be required to obtain an air permit. The information available from this website 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 Sept. 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 Sept. 1, 2004.
  • What happens if I don't get an air permit?After Sept. 1, 2004, no one will be eligible to receive a Small Business Stationary Source Permit. To obtain a permit after Sept. 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 a facility instead of getting an air permit, they need to inform the TCEQ and cease operation of the equipment before March 1, 2008.

Rules That Apply to These Facilities

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Where can I find more information and assistance?

The TCEQ's Small Business and Local Government Assistance Section offers free, confidential help to small businesses and local governments working to comply with state environmental regulations. Call us at 800-447-2827 or visit our Web page at