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airperm@tceq.texas.gov
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Program Applicability

Determine if your site is subject to the federal operating permit (FOP) program.

Under Title 30 Texas Administrative Code Chapter 122 (30 TAC Chapter 122), Federal Operating Permits, owners or operators of a site meeting the criteria for designation as a major source and certain affected non-major sites are required to obtain an operating permit. Owners or operators of these sites are required to submit an operating permit application to the Texas Commission on Environmental Quality (TCEQ) Air Permits Division (APD) as specified in 30 TAC 122.130 (Initial Application Due Dates).

Site Definition

An owner or operator must first determine operating permit applicability by determining what constitutes a "site." Based on the definition in 30 TAC Chapter 122, the concepts of "contiguous or adjacent properties" and "common control" should be understood and satisfied to determine the appropriate sources to be included in a site. Please refer to the TCEQ Definition of Site guidance document for additional information and examples.

Potential to Emit

Once the site has been determined, the next step is to calculate the "potential to emit" (PTE) of the site. PTE is defined as the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design or configuration. Please refer to the TCEQ Potential to Emit guidance document for additional PTE information.

Major and Non-Major Sources

After the PTE for a site has been calculated, it can then be determined if the site is a major source as defined in 30 TAC Chapter 122. If you have any questions please call 512-239-1250. Some non-major sources are also subject to the operating permit program through rulemaking Refer to the Non-Major Sources Subject to 30 TAC Chapter 122 (PDF) for a list of applicable non-major sources. The 30 TAC Chapter 122 requirements also apply to stationary sources in the State of Texas territorial waters. Territorial waters extend for three marine leagues (nine nautical miles, 10.359 statute miles) off the shore of the state, and the county lines extend to that boundary as well.