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Claiming a Permit by Rule

Brief explanation of how to claim a Permit by Rule. Links to relevant forms and reference materials.

If an air permit by rule (PBR) requires a registration, you may follow this general procedure to claim it (if no registration is required, read and follow steps 1-3 only):

  1. Make sure your situation meets the general requirements for claiming a PBR. To find these requirements, read Title 30, Texas Administrative Code, Section 106.4 Exit the TCEQ and then complete our PBR Applicability Checklist, form TCEQ-10149.
  2. Make sure your situation also meets the conditions of the PBR you intend to claim. Be sure to read the PBR itself in 30 TAC Chapter 106 Exit the TCEQ before you make this determination. Also, complete the checklist for this PBR, if there is one.
  3. If your facility, operation, or equipment cannot comply with the conditions indicated in these checklists, do not try to claim this PBR. See Types of New Source Review Authorizations for other options.
  4. If the PBR does require you to submit a registration, complete form TCEQ-10228, Registration for a Permit by Rule (PI-7).
  5. A Form PI-7CERT may be required if you need to certify to establish federally enforceable emission limits. Please review the instructions of the Form PI-7CERT to determine if this is applicable.
  6. Pay a registration fee Adobe Acrobat PDF Document.
  7. Following the instructions in TCEQ-10228, submit each of these items to the TCEQ:
    • your completed TCEQ-10228
    • a completed TCEQ-10149
    • a completed checklist for this PBR, if there is one
    • proof of payment of the registration fee
  8. If the PBR does not require site approval from the TCEQ, you may begin construction (or the activity) right after you mail your completed registration packet to us.
  9. If the PBR requires site approval from the TCEQ, do not begin construction until you receive our approval in writing.

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