Air Permitting 101
Air Permits Division Process (Module 3)
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If you are starting Module 2, 3, 4, or 5, you may begin with Page 3. Pages 1 and 2 of these modules contain the same information as Pages 1 and 2 of Module 1, with the exception of scoring. Each module requires a different minimum score to pass, so please review Page 2 of the module if you are interested in specific scoring values. Please review Pages 1 and 2 of this module if you need to refresh your memory regarding course objectives and any instructions that may be helpful for navigation, bookmarking, printing (lesson pages and certificate), accessibility, and contacts. |
A person completing the Air Permitting 101 on-line training will be able to do the following:
Recognize the organizational structure of the Air Permits Division;
Identify the purpose of the two air permitting programs and the types of authorizations available under each program;
Apply the process of issuing air permits;
Identify which areas of the TCEQ are involved in the air permitting process and how air permits data is used;and
Recognize the different mechanisms to locate permit documents.
The module opens with the Table of Contents (TOC). From the TOC, you may go directly to any page within the module by clicking on the page number or specific heading within the page. You may navigate between pages by clicking on the page numbers at the top of each page or by using the "previous page" or "next page" options at the bottom of each page. You may return to the TOC at any time by clicking on any one of the "Contents" buttons in the upper left, sidebar, or bottom of each page.
If you click on a link within the module, you may return to the module from the linked page by using the following procedures:
Throughout this module, there are quizzes and activities, which are scored. You earn points with every correct response you give. If you answer everything correctly, you can earn a total of 110 points. If you earn a minimum of 77 points (70%) when you complete the last quiz, you've passed and earned your certificate. You can see your score in the lower right hand corner of the screen as you work through the quizzes and activities or you can click on the "score" button in the upper right corner of the lesson page at any time to view your current score.
This module will not allow you to bookmark, so please keep that in mind as you begin. If you cannot finish the module and must close it, your scores will not be retained and you must start the module over to get complete credit on the scored quizzes and activities.
To print your certificate and score summary, type your name in the box at the end of the module. Your certificate will only print if you earn the minimum number of points.
Use the "print all" button in the upper right corner of the lesson page to print the lesson. Please be aware that any hidden text (i.e., text poppers), sidebars, quizzes, and activities will not print. If you'd like to print additional information from the module, press ALT-PRINT SCREEN then CTRL V. You can then paste that most current screen image into Word and print from Word.
When the accessibility icon (which looks like a keyhole) appears, users have the option of clicking the icon to view the data in a separate accessible content tab.
If you see brown, bolded text in the module, this is most likely a text popper. If you roll your mouse over the bolded word(s), additional information regarding that specific term will "pop up." The module also has hyperlinks scattered throughout. In the main pages of the module, these are in brown, underlined text. Additional links (identified by white, bolded, and underlined text) may also be found in the sidebars.
If you are an employee of the Air Permits Division and have any questions as you go through this module, please see the Subject Matter Experts list. See the contacts listed under the Subject Matter Heading, "On-line Training Modules - Air Permits."
If you are not an employee of the Air Permits Division and have any questions as you go through this module, please contact the Air Permits Division receptionist at (512) 239-1250. Ask the receptionist to transfer you to a subject matter expert for on-line training modules.
This training is broken up into the following five modules:
You are currently in Module 3 entitled "Air Permits Division Process." To access the other modules, simply click on the bulleted links. For the most effective learning experience, it is recommended that the modules be completed in the order listed above.
After completing the previous module, entitled "Air Permitting Basics," you should have an understanding of the authorizations that the technical sections in the division evaluate. Now it's time to take a look at the review process associated with the different permit authorizations. The main objective of our division is to review and authorize air applications and registrations. In general, there are some basic steps that must be completed for every authorization.
Every application must go through initial review to determine if there are any major administrative application deficiencies. This step of the permit issuance process is completed by the Air Permits Initial Review Team (APIRT). APIRT also logs projects into a database, assigns project numbers, ensures that the minimum application fee was collected, sends the site review Request for Comments to the appropriate regional office, and prepares the initial public notice package.
The application and all supporting documents are then forwarded for the appropriate technical/production section to complete the technical review. During the technical review process, the permit reviewer ensures that the authorization will be issued in compliance with the applicable rules and regulations. Source identification, air emission quantification, analysis of the off-property health impacts of emissions, determination of best available control technology (BACT), and applicability of any source category or emission-based state and federal regulations are all considered during the technical review and are the responsibility of the permit reviewer.
A site's compliance history must be considered for certain authorizations and is also evaluated by the permit reviewer. Compliance history is a uniform standard used to determine how well an applicant has been complying with environmental regulations over the past five years. Applicants are classified as being unsatisfactory, satisfactory, or high performers. Compliance history may be used in determining eligibility for authorizations or may result in additional permit requirements.
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For example: |
Some air permit applications are subject to public notice, which requires the applicant to publish a newspaper notice and post signs regarding the pending permitting action. Most individual public notice periods last 30 days. Notice is published in a newspaper of general circulation. The sign postings allow members of the community that drive by the facility to be informed that there is a pending action at the site. Some applications are also subject to public notice requirements in alternative languages -- Spanish and Vietnamese being some of the more common alternative languages found in Texas.
Minor source applications received on or after June 24, 2010 and all major source applications are subject to a second public notice (including sign postings). Newspaper publication of the second notice usually occurs after the permit special conditions and maximum allowable emission rates table have been drafted. Preparation of the second public notice package is the responsibility of the permit reviewer.
The actual review process will differ greatly, depending on the type of authorization being requested. This is due to the fact that the requirements for each type of authorization vary.
This mini-quiz should help you put to use what you've learned thus far.
In general, the permitting process consists of an initial/administrative review and a technical review. Let's start with the administrative review.
The administrative review, handled by the Air Permits Initial Review Team (APIRT), will typically take less than 30 days for a complete application and consists of:
Once administratively complete, the applicant publishes notice in a local newspaper and posts signs around the proposed facility location.
The technical review primarily relates to source identification and air emission quantification, analysis of the off-property health impacts of those emissions (consisting of either basic screen modeling or refined modeling), determination of best available control technology (BACT), and applicability of any source category or emission-based state and federal regulations.
The BACT evaluation is one of the main portions of the technical review. BACT is a three-tiered sequential approach. Use the tabbed information below to identify the three tiers of BACT and for additional information, see the "Learn More" sidebar on this page.
The other main portion of the technical review is the impacts analysis. The TCEQ regulates air quality of the state, and the Texas Clean Air Act (TCAA) empowers the TCEQ to prevent and remedy conditions of air pollution.
As a whole, a permit review ensures that the operations of a proposed facility will comply with all federal and state rules and regulations and the intent of the TCAA, and not cause or contribute to a condition of air pollution. For contaminants that do not have state or federal standards, the Air Permits Division has a flowchart available for determining if a refined air dispersion modeling and effects review is required for a permit project. If required, the flowchart outlines the scope of the air dispersion modeling and effects review. The division has separate air dispersion modeling guidelines for criteria pollutants and contaminants with state standards.
Effects Screening Levels (ESLs) are short-term (hourly) and long-term (annual) health effects guidelines used in TCEQ's air permitting process to evaluate the potential for effects to occur as a result of exposure to concentrations of constituents in the air. ESLs are based on data concerning health effects, the potential for odors to be a nuisance, and effects on vegetation. They are not ambient air standards. If predicted or measured airborne levels of a constituent do not exceed the screening level, adverse health or welfare effects are not expected. Typically, if the short-term ESL is met, the long-term ESL will also be met. However, some compounds, like benzene, have very low long-term ESLs that are the limiting factor. For additional information regarding ESLs, see the "Learn More" sidebar on this page.
Air dispersion modeling is performed on air permit applications in order to determine the impacts on nearby receptors. If the predicted concentrations from the requested emission limits for a contaminant do not exceed an ESL, the impacts review is complete. However, exceedance of an ESL does not automatically result in the denial of the permit application. Rather, exceedance of an ESL will typically result in a more in-depth review of the contaminants to determine if adverse health or welfare effects would be expected to occur, and appropriate emission limits are then determined.
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To put this in perspective: The impacts analysis for a facility emitting NOx, PM10, and benzene would consist of an evaluation to determine compliance with the National Ambient Air Quality Standards (NAAQS) for NOx and PM10. Protectiveness for benzene would be determined through comparison with the ESL. |
Upon completion of the technical review, the reviewer drafts the permit. The draft permit typically consists of the special conditions and the maximum allowable emission rates table (MAERT), which are sent to the applicant for approval or comment.
Permit reviewers also send a draft permit Request for Comments (RFC), which includes copies of the special conditions and MAERT, to the appropriate TCEQ regional office and any local air pollution control program having jurisdiction to provide an opportunity for input. An RFC may also be sent to other pertinent agency programs (i.e. Toxicology, Compliance and Enforcement, Legal Services, etc.).
After all comments are received and any issues resolved, second public notice is conducted by the owners/operators of those facilities subject to public notice requirements. The permit reviewer, not APIRT, prepares this public notice package.
Once the public notice period has ended and all public comments are received and any issues resolved, a written technical summary is finalized. This summary is part of the final permit package that is reviewed by division management prior to any authorization approval. The permit reviewer will also develop an approval letter to be included with a copy of the final permit to the applicant.
The final permit typically consists of:
Congratulations! You've completed Part I of the on-line training module covering the air permitting process for the various authorization mechanisms. Please take the time to work through the activity that follows. This activity will help you think through everything you've covered up to this point.
If you are ready, please proceed to Part II of this module by moving on to the next page.
Use the tabbed information below to become familiar with the review processes for renewals, amendments, alterations, and other permitting actions associated with Subchapter B permits.
Please work through the following activities to reinforce what you've learned so far in Part II of this module.
In addition to those types of authorizations previously discussed, there are other types of specific NSR permits that the division reviews. These include flexible permits, multiple plant permits, 112(g) permits, and permits for previously grandfathered facilities. The process for issuing the permits is generally the same as the process for issuing a Subchapter B case-by-case permit, with some exceptions. The exceptions are described in the tabbed information below.
You've now completed Part II of this module. Before moving on, please work through the following activity that covers the information relayed in "other types of NSR permits."
When you're ready, please proceed to Part III, which starts on the next page.
Major source permits are the most complex but are triggered less frequently. In this module, we'll cover nonattainment and Prevention of Significant Deterioration (PSD) permits.
Nonattainment NSR applies to major sources and major modifications in nonattainment areas. The nonattainment areas are not in compliance with the National Ambient Air Quality Standards (NAAQS) and are designated by the Environmental Protection Agency (EPA). The EPA has designated nonattainment counties in Texas for ozone, PM10, lead, and sulfur dioxide.
Nonattainment permitting is required if the source has emissions at or above the significant emission rates for the specific county designated as nonattainment.
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To recap a previous example: Nitrogen oxides (NOx) are a precursor for the criteria pollutant ozone. The significant emission rate for a NOx source to be considered major in a serious ozone nonattainment area is 50 tons per year. In addition, for a modification in a serious ozone nonattainment area to be major for NOx, the significant emission rate is 25 tons per year. |
It is also important to note that emissions for all affected pollutants at a source located in a nonattainment area must be evaluated individually to determine if nonattainment permitting is required.
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For example: Volatile organic compounds (VOCs) and NOx are precursors for ozone. In ozone nonattainment areas, VOCs and NOx are evaluated to determine if a new major source is being constructed or if an existing major source is undergoing a major modification. Each ozone precursor is evaluated on its own merits, and these precursors are not reviewed in combination against the significant emission rates (i.e., NOx and VOC emissions are not added together for comparison against the significant emission rates). |
Nonattainment permitting requires:
The tabbed information below contains more detail regarding nonattainment requirements.
PSD permitting applies to major sources and major modifications in attainment areas, and one of the goals of PSD permitting is to preserve, protect, and enhance air quality in Class I areas (wildernesses and national parks).
PSD applies to construction of major sources. For named sources that are listed in the Federal Clean Air Act, the major source significant emission rate is 100 tons per year, and the potential to emit (PTE) calculation must include fugitive sources and any stationary source regulated by a New Source Performance Standard (as contained in 40 Code of Federal Regulations Part 60) or a National Emission Standard for Hazardous Air Pollutants (as contained in 40 CFR Part 61) as of August 7, 1980.
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For example: Some named sources are petroleum refineries and chemical process plants. |
For unnamed sources, the major source significant emission rate is 250 tons per year, and the PTE calculation does not include fugitive sources.
PSD also applies to major modifications, which would be an increase of emissions equal to or greater than the significant emission rate for that pollutant. This means that a modification is only subject to PSD if the existing source being modified is already major, and the net emissions increase of any pollutant emitted from the source is at or above the significant emission rate for a modification. Minor sources are subject to PSD only when the proposed project increase is major in and of itself (100 tons per year for named sources or 250 tons per year for unnamed sources).
PSD requires a BACT evaluation that also includes a review of the RACT/BACT/LAER Clearinghouse. In addition, PSD review requires an assessment of existing air quality; a demonstration that the new emissions will not cause or contribute to an exceedance of any applicable NAAQS or PSD increment; and the evaluation of effects on visibility, soil and vegetation, and impacts to Class I areas.
Screening or refined air dispersion modeling may be required. If modeling is required, predicted concentrations or existing ambient air concentrations are used to evaluate impacts on air quality.
A PSD permit must:
It is important to note that it is possible to trigger nonattainment and PSD reviews for the same pollutant.
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For example: Nitrogen oxides (NOx) are an ozone precursor and evaluated under nonattainment rules. A NAAQS also exists for NOx; therefore, NOx may also need evaluation for PSD - even in ozone nonattainment areas. |
Before moving on, let's make sure you have a basic understanding of those components that make up major NSR permitting by working through the activity below.
Congratulations on completing Part III of this module. When you're ready, please move on to Part IV by going to the next page.
Permit reviewers will evaluate Title V applications and develop permits that codify all applicable state and federal requirements for all of the emission units at a permitted area and include all of the required additional monitoring.
All operating permits must undergo the following steps prior to issuance:
There are two types of operating permits:
For additional information regarding GOPs and SOPs, see the tabbed information below.
One of the key terms in Title V permitting is "permit shield." See below for additional information.
Before continuing on, please work through this short quiz to reinforce the basics of the Title V permitting program.
Please proceed to Part V by going to the next page.
After initial permit issuance, changes at a site or changes in applicable requirements may result in the need to revise the Title V permit. Changes at a site may include:
The applicable requirements may need to be changed due to one or more of the following reasons:
ATO revisions may be required if a site makes a change or if the executive director amends the underlying GOP, which requires individual ATOs to be revised. Additionally, ATOs must be renewed every five years.
Permit holders may operate a change included in a GOP application submitted to the executive director before the ATO is granted.
Please recall that the process for granting an ATO under a GOP is more streamlined than the process for issuing a case-by-case SOP. Likewise, the processing of an ATO revision or renewal is streamlined. Just as in the processing of the initial ATO, revisions and renewals are not subject to individual public notice and hearing requirements, affected state review, or EPA review.
The procedures for revising an SOP can vary. There are three different types of SOP revisions:
In addition to the three types of permit revisions, there are some actions that only require notification. This means that the permit holder can make changes at the site without applying for a permit revision. There are two types of notifications: operational flexibility and off-permit changes.
More detailed information for each revision type, notifications, and other SOP issues (renewals and reopenings) can be found in the tabbed information below.
You've made it through Module 3. Please work through the quiz questions that follow. These will cover this entire module.
Don't forget your certificate (see below). You're now familiar with the administrative and technical processes associated with the different air quality authorizations handled by the Air Permits Division. From this module, you might have gathered that this division does not work in a bubble. The next module addresses the interaction between the Air Permits Division and other program areas within the TCEQ. If you are ready, please proceed to Module 4 of this training, entitled "Air Permits Division Interaction and How Permitting Data is Used Utilized Throughout the Agency."