Announcements for Title V Operating Permits
If you have questions about greenhouse gas Title V or PSD permitting in Texas, or obtaining a TCEQ-issued greenhouse gas Title V or PSD permit, please call the Air Permits Division at 512-239-1250.
November 9, 2016: HGB and 1997 8-Hour Ozone Redesignation Substitute
While TCEQ staff can provide information regarding TCEQ's rules and permitting practices, TCEQ staff cannot provide legal advice. The information provided below is not legal advice, is not a final decision of the Commission, and does not bind the Commission's authority in any way in any future action.
EPA proposed approval of a redesignation substitute and finding of attainment for the 1997 8-hour ozone NAAQS for the Houston-Galveston-Brazoria (HGB) area on May 25, 2016; and the final approval notice was published on November 8, 2016 with an effective date of December 8, 2016. The HGB area is currently designated nonattainment for the 2008 8-hour ozone NAAQS, classified as marginal. However, the HGB area did not attain the 2008 8-hour ozone NAAQS by its marginal attainment date of July 20, 2015, and is expected to be reclassified to moderate with a new attainment date of July 20, 2018. EPA proposed the reclassification on September 27, 2016, and is expected to finalize the reclassification sometime in December, 2016.
Under EPA and TCEQ rules, applicable NSR major source / modification thresholds are determined according to the most stringent nonattainment area classification for all NAAQS for which the area is nonattainment. All applications for NSR authorizations for new construction or modification of facilities or emissions units that will be located in any area designated as nonattainment for ozone as of the date of issuance of the permit are subject to the nonattainment requirements of 30 Texas Administrative Code (TAC) Chapter 116, Subchapter B, Division 5, unless certain specified criteria apply on the date of issuance of the permit. See 30 TAC Section 116.150(a).
This means that when the redesignation substitute and finding of attainment for the 1997 8-hour ozone NAAQS becomes effective on December 8, 2016, all pending NSR applications (those not issued) are subject to the applicable classification for the 2008 8-hour ozone NAAQS, which for a short time could mean pending applications will be processed according to the marginal major source thresholds and emission offset requirements. Every affected pending application will be evaluated by the assigned permit staff to determine how it will be impacted by this transition. Each applicant should discuss their particular application status with the assigned permit staff to evaluate the application changes appropriate and necessary for their application.
For any questions regarding permitting please contact Betsy Peticolas of the Air Permits Division at 512-239-6033. For any questions related to pending legal challenges contact the Environmental Law Division at 512-239-0600.
September 22, 2016: Guidance on Expedited Air Permits Process
In order to provide a high level of efficient service and commitment to the processing of all expedited applications, with additional resources, the TCEQ has finalized a few changes to the Expedited Air Permits Process. Beginning October 1, 2016, surcharge payments must be submitted at the time of the expedited request. Updated guidance to Implementation of the Expedited Permitting Program.
In addition, to ensure the most effective processing of all expedite applications, responses to any requests for information should be provided in a timely manner. Projects with delayed responses, deficient or incomplete responses, or other excessive applicant initiated delays will be removed from the expedited permitting program and the remaining surcharge refunded.
June 10, 2016: Request for Public Comments and Hearing Announcement on Air Curtain Incinerator General Operating Permit 518
The Texas Commission on Environmental Quality (TCEQ) is providing an opportunity for public comment and a notice and comment hearing (hearing) on the draft Air Curtain Incinerator (ACI) General Operating Permit (GOP) Number 518. In addition to the federally required renewal, the draft GOP contains revisions based on recent federal and state rule changes, which include updates to the requirements tables; the addition of new 40 Code of Federal Regulations (CFR) Part 63, Subpart ZZZZ engine requirements tables; and revisions to the terms made to be consistent with other General Operating Permits. This renewal also corrects typographical errors, and updates language for administrative preferences.
Draft Air Curtain Incinerator GOP
Comments may be mailed 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. Comments may be emailed to firstname.lastname@example.org. All comments should reference the draft Air Curtain Incinerator General Operating Permit (GOP). Comments must be received by 5:00 p.m. on July 13, 2016.
A public hearing on the draft GOP will be held in Austin on July 7, 2016, at 10:00 a.m. in Building E, Room 201S, located at 12100 Park 35 Circle, Austin. The public hearing will be structured for the receipt of oral or written comments by interested persons.
Questions? We Can Help
If you have questions regarding the draft GOP, or the public hearing please contact Ms. Becky Southard at 512-239-1638. Si desea información en Español, puede llamar al 800-687-4040.
February 23, 2015: The initial implementation of the Expedited Air Permitting Program began on November 13, 2014. Expedited air permitting was made available for Permits by Rule (PBRs) and Standard Permits (which do not require public notice) through the ePermits system on December 18, 2014. To allow applications for all air authorization types to participate in the initial program, the total surcharge collected for PBRs and Standard Permits (which do not require public notice) was initially limited to $300,000. Through the first few months of the program, there has been significantly more interest in expediting case-by-case new source review permit application reviews. Therefore, the Air Permits Division is no longer holding a specific amount of surcharge for PBRs and Standard Permits (which do not require public notice) and allowing requests for all types of authorizations until the fiscal year 2015 appropriations limit is reached.
To request the expediting of an application review, submit the TCEQ Form 20706 APD-EXP . Additionally, the Initial Implementation of the Expedited Permitting Program guidance document is available .
If you have questions about expediting the review of an application for an air authorization in Texas, please call the Air Permits Division main phone line at 512-239-1250.
November 10, 2014: Rules adopted by the commission to implement expedited air permitting in Texas will be effective on November 13, 2014.
To request expediting of an application, submit the TCEQ Form 20706 APD-EXP . Additionally, the Initial Implementation of the Expedited Permitting Program guidance document is now available.
For permits by rule (PBRs) and standard permits that do not require public notice, applicants are required to use the ePermits process to expedite the processing of the application. However, the ePermits system will not be available on November 13, 2014. TCEQ will not be accepting PBRs and standard permits without public notice expediting requests until the system is available. An announcement will be sent as soon as TCEQ and ePermits are ready to begin accepting expedited requests.
If you have questions about expediting an air permit in Texas, please call the Air Permits Division main phone line at 512-239-1250.
October 22, 2014: Expedited permitting rulemaking
New sections 101.600-602 of 30 TAC Chapter 101, General Air Quality Rules were adopted, implementing Senate Bill 1756, 83rd Legislature, 2013, Regular Session, providing TCEQ with the authority to accept a surcharge from the applicant to cover the expenses incurred by expediting the processing of an application. Rules adopted by the commission to implement expedited air permitting in Texas will be effective on November 13, 2014.
The complete rule package is currently available on the Pending Rule Adoptions website.
If you have questions about expediting an air permit in Texas, please call the Air Permits Division main phone line at 512-239-1250. TCEQ staff is working to ensure detailed guidance is available by November 10th on the TCEQ website.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.
- September 11, 2012: TCEQ Announces revisions to its SOP program related to the use of IBR of major NSR permits
- June 22, 2010: Stationary Vents Subject to Section 111.111(a)(1)(A)
Effective August 1, 2010, all vents constructed on or before January 31, 1972, must be identified in the Title V permit.
Presently, vents subject to 30 TAC Chapter 111, Section 111.111(a)(1)(A) are not required to be identified on a unit specific basis and are covered by a site wide term and condition. In order to address one of EPA's concerns, APD will require that these vents be identified on the OP-SUM, OP-UA15, and OP-MON forms. These units will appear individually in the Applicable Requirements Summary table, Additional Monitoring attachment, and NSR Authorization by Emission Unit table. Please note vents subject to Section 111.111(a)(1)(B) can still be covered by a site wide term and condition.
This change will need to be incorporated into any current project that has not gone to public notice by August 1, 2010. A permit revision is not required to be submitted to solely address this issue.
- Title V Stakeholder Meetings - Meeting schedule, agendas, and minutes of past meetings of this open-participation group that meets periodically to discuss issues related to the Texas Title V program and receive input on associated rulemaking projects.