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You are here: Home / Permitting / Air Permits / PermitByRule / Subchapter E / Air PBR 106.144: Bulk Mineral Handling

Air PBR 106.144: Bulk Mineral Handling

Bulk mineral product handling facilities. Claims under this PBR must be approved before construction may begin. This page gives a brief overview of this PBR and links to relevant rules and forms.

 

Bulk mineral product-handling facilities must be operated according to the specific conditions stated in Title 30, Texas Administrative Code (30 TAC), Section 106.144, Exit the TCEQ and meet the general conditions stated in 30 TAC Section 106.4 Exit the TCEQ to be permitted by rule.

Note: All PBR checklists that are made available to the public are optional and are not required forms. These checklists are provided for your convenience only.

To operate under this permit by rule (PBR), you must (1) submit a claim and receive our written approval before construction begins and (2) keep records as described below.

Quick Screen

To determine whether your facility qualifies for this PBR, first consider this quick screen:

  • This PBR does not apply to asbestos-handling facilities.
  • The facility (including associated stationary equipment and stockpiles) must be at least 300 feet from the nearest:
    • recreational area
    • school
    • residence, other than that of the facility owner, facility operator, or site owner
    • other structure, unless that structure is used by only the facility owner, facility operator, or site owner.

If your facility complies with these limitations:

  • Complete our PBR Applicability Checklist, TCEQ Form - 10149, to find out whether your facility meets the general conditions for a PBR,
  • -and-
  • to find out whether it meets the specific conditions for this PBR, complete our PBR 106.144 Checklist, TCEQ Form - 10106.

If your facility cannot comply with the conditions indicated in these checklists, see Types of New Source Review Authorizations for other options.

Claiming a Permit by Rule

Registration of a facility under a PBR can be performed by completing a Form PI-7 "Registration for Permits by Rule" or a Form PI-7-CERT, "Certification and Registration for Permits by Rule."

A checklist has been developed by the TCEQ to assist staff in determining whether a facility or project meets all of the applicable requirements. The use of this checklist is not mandatory; however, it is the responsibility of each applicant to show how a facility being claimed under a PBR meets all of the general and specific requirements. If all PBR requirements cannot be met, a facility will not be allowed to operate under the PBR, and an application for a construction permit may be required under 30 TAC Chapter 116, Section 116.110(a). It is recommended that this checklist be used by applicants and a copy submitted with any registration to expedite review. If the checklist is used, check the most appropriate answer and include any additional information in the spaces provided. If additional space is needed, please include an extra page and reference the question number.

Once the general requirements for PBRs are met, the facility or project must show that it meets all of the specific requirements of the PBR being claimed. A checklist has been developed by the TCEQ to assist staff in determining whether a facility or project meets all of the applicable requirements. The use of this checklist is not mandatory; however, it is the responsibility of each applicant to show how a facility being claimed under a PBR meets all of the specific requirements. If all PBR requirements cannot be met, a facility will not be allowed to operate under the PBR so it is recommended that this checklist be used by applicants and a copy submitted with any registration to expedite review. If the checklist is used, check the most appropriate answer and include any additional information in the spaces provided. If additional space is needed, please include an extra page and reference the question number.

Fees of either $100 or $450 are required for any new or updated PBR registration. Please see fact sheet for additional details.

Record Keeping

Under 30 TAC Section 106.8, Exit the TCEQ your records must identify the rules under which your facility is operating and demonstrate compliance for a rolling 12-month period. Be sure you keep at least these records:

These records must be kept on site and readily available on request for inspection by the TCEQ or any air pollution control program that has jurisdiction. If you have questions about the type of records you should keep, contact the Air Program in the TCEQ regional office that serves your county.

If you have questions please contact us.