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Maintenance, Startup, and Shutdown (MSS)

Have you applied for your planned MSS authorization yet? Are your facilities or activities in the industry group due January 5, 2013? Review the guidance regarding the authorization of emissions from MSS facilities or activities.

New Source Review (Chemical Section): Miscellaneous Maintenance Startup and Shutdown

June 7, 2012: Authorization of maintenance, startup, and shutdown emissions

Emissions from planned maintenance, startup, or shutdown (MSS) are subject to an affirmative defense to all claims in enforcement actions brought for those emissions if the owner or operator of the facility files an application for the authorization of MSS emissions. The deadlines for submitting applications are based on standard industrial classification (SIC) code according to the following schedule (see Title 30, Texas Administrative Code, Section 101.222(h)).

MSS applications currently under review or completed:

  • SIC 2911 - Petroleum Refining - January 5, 2007
  • SIC 28 except 2895 - Chemicals and Allied Products - January 5, 2008
  • SIC 2895 - Carbon Black - January 5, 2010
  • SIC 4911 - Electric Services - January 5, 2011

Future MSS application compliance dates:

  • All other SIC codes except oil and gas - January 5, 2013
  • Oil and gas - January 5, 2014 - including SIC 1311, Crude Petroleum and Natural Gas; 1321 Natural Gas Liquids; 4612 Crude Petroleum Pipelines; 4613 Refined Petroleum Pipelines, 4922 Natural Gas Transmission; and 4923 Natural Gas Transmission and Distribution. (date extended by SB 1134, 82nd Legislature, 2011).

If you have any questions, or if you have not applied for the authorization of MSS emissions please contact the TCEQ Air Permits Division as soon as possible at 512-239-1250.

The following information is intended strictly as guidance to assist with issues regarding permitting of emissions from MSS activities. Final determinations on any specific submittals will be based on the review of the Air Permits Division and could be different from the information provided below. Further, information on this page could change as the division continues to develop procedures for processing applications.

  • January 2008 Policy Memo relating to application deadlines for regulated entities with multiple Standard Industrial Classification (SIC) codes.
  • Environmental Trade Fair presentations from May 2007
  • Permitting Planned Maintenance, Startup, Shutdown (MSS) - Steve Hagle, P.E. Adobe Acrobat PDF Document
  • Update on Refinery & Chemical MSS Issues - Dana Poppa Vermillion, P.E. Adobe Acrobat PDF Document
  • Current MSS Best Available Control Technology (BACT) for various facility types.
  • Questions Adobe Acrobat PDF Document received in response to the presentations made at the Advanced Air Permitting Seminar in September 2006.

Questions? We Can Help

If you have questions regarding this information please contact us.