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Announcements for New Source Review

Announcements of meetings, regulatory changes, and other significant information from the Air Permits Division. List includes all announcements for approximately the last year.

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Oil and Gas News

News and updates on the oil and TCEQ air rules that affect gas industry.


November 22, 2013: New Meteorological Datasets are available for use with AERMOD The Air Dispersion Modeling Team has completed the update of pre-processed meteorological data for the state of Texas using AERMET version 12345. These meteorological datasets are replacing the pre-processed meteorological datasets processed with AERMET version 11059.


June 25, 2013: House Bill (HB) 788 authorizes TCEQ Permitting of Greenhouse Gas (GHG) Emissions

HB 788, 83rd Legislature, became law on June 14, 2013. This legislation gives Texas the authority to develop rules to authorize major sources of GHG emissions to the extent required by federal law. Texas is currently subject to a Federal Implementation Plan (FIP), which means that major sources of GHG emissions are required to obtain a GHG permit from the U.S. Environmental Protection Agency (EPA).

In order to implement HB 788, several chapters in the Texas Administrative Code relating to air permitting and public notice will need to be amended. After the necessary rule changes are adopted by the TCEQ, they must be approved by EPA as part of the Texas State Implementation Plan (SIP) before TCEQ can begin reviewing applications and issuing permits for GHG emissions.

EPA will remain the permitting authority for GHG emissions in Texas until rulemaking is completed, EPA approves the SIP and then withdraws the FIP. TCEQ will be coordinating with EPA regarding the transition period for accepting and processing GHG applications, and will make that information available as it develops. If you have any questions about the permitting of GHG emissions by TCEQ, please contact Tasha Burns, Air Permits Division, at (512) 239-5868.

To get the latest information from TCEQ about GHG permitting, sign up for the email group "Greenhouse Gas: Announcements." TCEQ will use this email group to provide information on topics related to GHG including: rulemaking, permitting, policies, guidance, compliance information, and other announcements.


May 16, 2013: Request for Comments on Proposed Changes to Fugitive Boilerplate Special Condition

The TCEQ Air Permits Division (APD) is soliciting comments from the regulated community on proposed changes to the Fugitive boilerplate special condition (28VHP). To facilitate the review, a summary of changes made to the condition is available, as well as the proposed condition. Please review the proposed condition and provide comments to by no later than July 12, 2013.

March 15, 2013: Updated Major NSR Applicability Guidance Available Adobe Acrobat PDF Document

The TCEQ Air Permits Division has developed updated guidance to assist with the evaluation of Major New Source Review (NSR) applicability. This guidance includes additional information specific to the Prevention of Significant Deterioration and Nonattainment permitting programs, and also contains links to Major NSR forms used by TCEQ. This guidance supersedes “Federal New Source Review Permits (FNSR Permits) Applicability Determination” from November 2008. If you have any questions about this guidance, please contact the TCEQ Air Permits Division at (512) 239-1250.

December 20, 2012: New Meteorological Datasets are available for use with AERMOD version 12345

The TCEQ Air Dispersion Modeling Team has updated the pre-processed meteorological data for the state using AERMET version 11059. These meteorological datasets are replacing the pre-processed meteorological datasets processed with AERMET version 06341.


December 10, 2012: Online Registration for the MSS 106.263 PBR is now available for ePermits.

The ePermitting module for the MSS 106.263 PBR is now available. In the event that the online ePermits system is not accessible or is otherwise unavailable, please submit the hardcopy.


December 4, 2012: A shorter NSPS OOOO Well Completion/Flowback Notification form Adobe Acrobat PDF Document is now available. Additional Information.


November 20, 2012: Amendments to Section 106.352, Oil and Gas Handling and Production Facilities and the Air Quality Standard Permit for Oil and Gas Handling and Production Facilities

On October 31, 2012 the Texas Commission on Environmental Quality (TCEQ) adopted amendments to the permit by rule and standard permit for oil and gas handling and production facilities. The amendments removed Archer, Bosque, Coryell, Clay, Comanche, Eastland, Shackelford, and Stephens counties from the applicability of 30 Texas Administrative Code (TAC) Section 106.352(a) - (k) and from the nonrule air quality standard permit. 30 TAC Section 106.352(l) will apply to PBR facilities in the removed counties constructed on or after November 22, 2012. The standard permit in 30 TAC Section 116.620 will apply to standard permit facilities in the removed counties constructed on or after November 8, 2012.

Additionally, the amendments extended the deadline for the historical notification requirement in Section 30 TAC 106.352(f) from January 1, 2013 to January 5, 2015. This historical notification requirement applies to facilities located in Cooke, Dallas, Denton, Ellis, Erath, Hill, Hood, Jack, Johnson, Montague, Palo Pinto, Parker, Somervell, Tarrant, and Wise counties.

If you have questions, call (512) 239-1250 and ask to speak to someone in the Rules and Registration Section, or email airog@tceq.texas.gov.


October 31, 2012: Updated Help Documents for the Barnett Shale Oil and Gas PBR Now Available

Help documents for Barnett Shale oil and gas PBR have been updated to address the title change of the options available for selection with regards to Notifications and Registrations in the STEERS (e-permits) system.

For more information on the new Oil and Gas PBR see the Air PBR 106.352 Oil and Gas Handling and Production Facilities web page.

Questions about STEERS: call support personnel at 512-239-6925 or e-mail steers@tceq.texas.gov

Questions about ePermits: call 512-239-1250 or e-mail AirOG@tceq.texas.gov


October 19, 2012: The ePermitting module for the notification under 40 CFR 60 NSPS OOOO Sections 60.5360-5430 for hydraulically fractured natural gas well completions is now available. In the event that the online ePermits system is not accessible or is otherwise unavailable, please submit the hardcopy notification NSPS OOOO form Adobe Acrobat PDF Document along with the Core Data Form.


September 11, 2012: TCEQ Announces revisions to its SOP program related to the use of IBR of major NSR permits

September 7, 2012: New Source Review (Chemical Section): Miscellaneous Maintenance Startup and Shutdown

A resource linking to guidance documents and tools to aid in preparing applications and to Chemical Section documents discussing terminals and boilerplate conditions and to calculation spreadsheets for typical chemical sources.

August 28, 2012:Hot TopicEPA has published the final version of new 40 CFR 60 NSPS SubPart OOOO and revisions to 40 CFR 63 NESHAP SubParts HH and HHH which affect many parts of the oil and gas industry. Additional information is available at Exit the TCEQ http://www.gpo.gov/fdsys/pkg/FR-2012-08-16/pdf/2012-16806.pdf.

August 24, 2012: Concrete Batch Plant Standard Permit Amendment Public Meeting

TCEQ is providing an opportunity for public comment and will conduct a public meeting to receive testimony regarding proposed amendments to the concrete batch plant standard air permit.

The proposed amendments will account for the 2006 AP-42 emission factors, address 24-hour particulate matter less than or equal to ten microns in diameter (PM2.5), annual PM2.5, and will include engine requirements as promulgated by the United States Environmental Protection Agency.

The public meeting will be in Austin on October 3, 2012, at 10:00 a. m., in Building E, Room 201E, located at 12100 Park 35 Circle.

[Review the proposed amendments to the standard permit.] Adobe Acrobat PDF Document Microsoft Word Document

Mail comments to Ms. Becky Southard, Texas Commission on Environmental Quality, Office of Air, Air Permits Division, MC 163, P.O. Box 13087, Austin, Texas 78711-3087, or fax them to 512-239-1070. Submit electronic comments at: http://www5.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments submitted using the eComments system. All comments should reference rule project number 2012-017-OTH-NR. The comment period closes on October 5, 2012.

The proposed amendments to the standard permit will be effective for standard permits issued after December 21, 2012.

August 3, 2012: Concrete Batch Plant Standard Permit Amendment Outreach Group

The Air Permits Division formed the Concrete Batch Plant Standard Permit Amendment Group to receive technical comments and suggestions on amendments to the standard permit for concrete batch plants.

July 5, 2012: New InformationThe Air Permitting 101 training modules have been updated to include recent organizational changes within the Office of Air.

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.


May 30, 2012: Proposed amendments to Section 106.352, Oil and Gas Handling and Production Facilities and the Air Quality Standard Permit for Oil and Gas Handling and Production Facilities

The proposed amendments would remove Archer, Bosque, Coryell, Clay, Comanche, Eastland, Shackelford, and Stephens counties from the applicability of Section 106.352(a) - (k) and from the standard permit. Subsection Section 106.352(l) and Title 30, Texas Administrative Code Section 116.620 would then apply to the removed counties. The proposal would allow the use of local ordinances concerning separation of facilities from residences and public buildings to meet all state separation requirements. The proposal for Section 106.352 would also extend the date for facility owners and operators to provide notification to the commission of the facility location and method of authorization from January 1, 2013 to January 5, 2015.

May 3, 2012: Surface Coating Maintenance, Startup, and Shutdown Outreach Group

The Surface Coating Maintenance, Startup, and Shutdown Outreach Group was formed for the purpose of receiving comments and suggestions on authorizing planned maintenance, startup, and shutdown (MSS) activities as required by Title 30 Texas Administrative Code Section 101.222(h).

April 25, 2012: On April 17, 2012, the EPA finalized new rules for the oil and gas industry. See EPA’s Web site Exit the TCEQ for additional information.

February 8, 2012: TCEQ Adopts Rule on MACT Standards That Also Modifies Hearing Procedures

About 30 TAC 116.128, concerning implementation of the EPA’s maximum achievable control technology for utilities, and modifying procedures for hearings on contested cases.

February 17, 2012: TCEQ has updated guidance, reformatted webpages, and implemented the revisions to the Permit by Rule and Standard Permit for the Oil and Gas Industry.

The web-pages for the oil and gas industry Permit by Rule and Standard Permit have been revised to include an easy-to-follow format along with updated guidance, instructions and tools for more effective registration or permitting of these sites. In addition, the commission has adopted minor revisions to Section 106.352, Oil and Gas Handling and Production Facilities, and the non-rule Air Quality Standard Permit for Oil and Gas Handling and Production Facilities.

August 18, 2011: The TCEQ is proposing amendments to Section 106.352, Oil and Gas Handling and Production Facilities; and the non-rule Air Quality Standard Permit for Oil and Gas Handling and Production Facilities.

The proposed rulemaking would revise Section 106.352 to restore the requirement that any facility handling sour gas shall be located at least one-quarter mile from any recreational area or residence or other structure, as the requirement existed in Section 106.352 prior to the January 26, 2011 amendment. The proposed rulemaking would also correct typographical errors in Section 106.352 and the non-rule Air Quality Standard Permit for Oil and Gas Handling and Production Facilities.

Senate Bill 1250, 82nd Legislative Session (2011), is effective on September 1, 2011

This self-implementing legislation removes the 440 yard distance requirement for concrete crushers that are producing a product that contains recycled materials and are located: in an enclosed building; within 25 miles of an international border; and in a municipality with a population of more than 6100 and less than 20,000.

May 27, 2011: Online Registration for New Barnett Shale Oil and Gas PBR Available in ePermits

Registration for the new oil and gas PBR is available in ePermits for Level 1 and 2. Even if your site is located outside of the Barnett Shale area you may voluntarily register under these requirements.

March 10, 2011: Implementation of New Non-Rule Air Standard Permit for Pollution Control Projects

On February 9, 2011, the TCEQ adopted a new non-rule standard permit for pollution control projects.

February 18, 2011: Implementation of New Oil and Gas Permit by Rule and Standard Permit for Oil and Gas Facilities

The TCEQ Air Permits division will receive comments and questions on various tools and guidance. Review for "submit by" dates and contact information.


March 10, 2010: Change to Modeling Procedures (PDF)

September 30, 2009: Guidance - Calculating VOC Flash Emissions from Crude Oil and Condensate Tanks at Oil and Gas Production Sites
The TCEQ has issued guidance for evaluating flash emissions and the methodologies used to estimate these emissions.

Topics Under this Category

August 9, 2007: Processing Preconstruction Permit Renewals during an Amendment Action.
Information on processing preconstruction renewals and amendments concurrently.
Feb 7, 2007: New Surface Coating Requirements
If you apply surface coating to metal parts, you may need to certify that you will not emit more than 10 tons per year (tpy) of a single hazardous air pollutant (HAP) and less than 25 tpy of total HAPs for the site.
March 20, 2008: EPA Letter Regarding Flexible Permit Rules
Notice of letter received from the United States Environmental Protection Agency regarding rules for Flexible Permit program.