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Air Permits to Construct: Issued Permit

Basic information about working with the TCEQ after receiving an air permit.

Acceptance of a permit constitutes an acknowledgement and agreement that the holder will comply with all rules, regulations, and orders of the commission issued in conformity with the Texas Clean Air Act and the conditions and provisions precedent to the granting of the permit. It is important that the holder of the permit read and understand these conditions and provisions.

Title 30 Texas Administrative Code (30 TAC) Section 116.116(a) (Permit Amendments) states in part, "All representations with regard to construction plans and operation procedures in an application for a permit, ... as well as any general and special provisions attached to the permit itself, become conditions upon which the subsequent permit ... are issued. It shall be unlawful for any person to vary from such representation or permit provision if the change will cause a change in the method of control of emissions, the character of the emissions, or will result in an increase in the discharge of the various emissions, unless application is made to the executive director to amend the permit ... in that regard and such amendment is approved by the executive director or commission."

What this means, quite simply, is that a permitted facility should be constructed and operated as represented in the application regarding emissions and controls, unless authorized otherwise in writing by the Texas Commission on Environmental Quality (TCEQ) executive director. The TCEQ understands that sometimes it is necessary to change plans and specifications as construction progresses, and it is not the TCEQ's policy to inhibit such changes unnecessarily; however, it is important that the application file be maintained to reflect the way that the actual facility is constructed and operated. Small changes can often be handled as permit alterations [see § 116.116(b)], but changes affecting emissions and controls, as previously mentioned [§ 116.116(a)], should be handled as amendments.

In addition, permit holders shall certify that all permitted facilities have been constructed and are being operated as represented in the application (see Rule § 116.110[b]).

Summary

  1. The holder of the permit should read and understand all permit conditions. If the holder of the permit has any questions in this regard, he should address them to the permit engineer.
  2. The holder of the permit shall provide the certifications as required by Rule § 116.110(b).
  3. Any changes from the plans, specifications, and other representations made in the application or subsequent information furnished in support of the application, which affect emissions or controls, must be approved by the TCEQ executive director before the changes are implemented. Requests must be submitted in writing, and approval for changes must be received in writing before they are valid.
REMEMBER -- VERBAL REQUESTS AND AUTHORIZATIONS, OR AGREEMENTS REACHED VIA TELEPHONE CONVERSATIONS OR IN MEETINGS, ARE NOT VALID UNLESS FOLLOWED UP WITH WRITTEN REQUESTS AND WRITTEN AUTHORIZATIONS!

Additional Permits That You May Need in the Future

  • Permit Alterations
    Any change from a representation in a permit application or a general or special condition of a permit that does not involve an increase in emission rates.
  • Permit Amendments
    Modifications to existing permitted facilities may be handled through the amendment of an existing permit or an existing flexible permit.
  • Permit Renewals
    How to renew a permit after the TCEQ has provided written notice to the holder of a permit that the permit is scheduled for review.

Questions? We Can Help

If you have questions about this or any other Permitting options, contact us.