Fact Sheet No. 7 SUBJECT: Air Quality Permit Requirements in Texas Following are excerpts from the Texas Clean Air Act (TCAA) which relate to the permitting or licensing authority of the Texas Natural Resource Conservation commission (TNRCC). SECTION 382.0518 Construction Permit Before work is begun on the construction of a new facility or a modification of an existing facility that may emit air contaminants, the person must obtain a construction permit from the TNRCC. Once completed, the facility may be operated under the same permit. However, Subsection B of 30 Texas Administrative Code (TAC) Chapter 116 requires the applicant to submit an operational certification to assure that operations are in conformance with the representations in the permit application. The first part of the operational certification shall be filed with the TNRCC after construction is complete, but before the facilities are put into operation. The second part of the certification must be filed within 60 days of commencement of operations. SECTION 382.055 Renewal of Preconstruction Permit Preconstruction permits issued before December 1, 1991, are subject to renewal 15 years after issuance. Preconstruction permits issued on or after December 1, 1991, are subject to renewal 10 years after issuance. Not less than 180 days before the date on which the renewal application is due, the TNRCC shall provide written notice to the permit holder, by registered or certified mail, that the permit is scheduled for renewal in accordance with this section. If the holder of the permit to whom the TNRCC has mailed notice under this section does not apply for renewal of the permit by the date specified by the TNRCC under this section, if it was issued or renewed prior to December 1, 1991, the permit shall expire 15 years after the date on which it was issued or renewed. If the holder of a permit issued or renewed on or after December 1, 1991, does not submit a renewal application by the date specified, the permit shall expire 10 years after the date on which the permit was issued. SECTION 382.056 Notice of Intent to Obtain Permit or Permit Renewal Hearing An applicant for a construction permit under Section 382.0518 or a permit renewal under Section 382.055 shall publish notice of intent to obtain the permit or the permit renewal. This section requires the applicant to publish the notice at least once in a newspaper of general circulation in the municipality in which the facility is located or is proposed to be located. Under current rules the applicant is required to publish the notice a second time and, if the elementary or middle school nearest to the facility or proposed facility provides a bilingual education program as required by Section 21.109, Education Code, and Section 19 TAC Subsection 89.2(c), the applicant shall also publish the notice at least once in an additional publication of general circulation in the municipality or county in which the facility is located or proposed to be located that is published in the language taught in the bilingual education program. The TNRCC by rule shall prescribe when notice must be published and may require publication of additional notice. The notice must include: (1) a description of the location or proposed location of the facility; (2) a statement that a person who may be affected by emissions of air contaminants from the facility or proposed facility is entitled to request a hearing from the TNRCC; (3) a description of the manner in which the TNRCC may be contacted for further information; and (4) any other information that is required by the rules of the of the TNRCC. (See 30 TAC Chapter 116.) The TNRCC also requires the applicant to post signs at the location of any proposed new construction or of any existing permitted facility for which application for permit renewal has been made. SECTION 382.057 Exemption Consistent with Section 382.511, the TNRCC may exempt from the requirements of Section 382.518 changes within a permitted facility and certain types of facilities if it is found on investigation that such changes or types of facilities will not make a significant contribution of air contaminants to the atmosphere. SECTION 382.062 Fees The TNRCC shall adopt, charge, and collect a fee for: (1) a permit or permit amendment, revision, or modification not subject to Title IV or V of the federal Clean Air Act, or (2) a renewal review of a permit issued under Section 382.0518 not subject to Title IV or V federal Clean Air Act. They may, however, adopt, charge, and collect a fee for an exemption or a standard permit. Currently, fees are charged for only part of the standard permits, but not for all of them. TNRCC Regulation VI Regulation VI (30 TAC Chapter 116), entitled "Control of Air Pollution by Permits for New Construction or Modification," implements the permitting requirements of the TNRCC. Regulation VI provides specific and detailed information concerning the following: permit requirements, responsibility for obtaining a permit or exemption, consideration for granting a permit for construction and operate, special conditions, representations in the application for a permit or exemption, exempted facilities, local air pollution control agencies, effective date, public notification and comment procedure, permit fees, review and renewal of existing permits, and emergency orders for damaged facilities. Further information on permit requirements for construction of new facilities or for modification of existing facilities and for the renewal of existing permits may be obtained from the CORE Section, New Source Review Program of the TNRCC. Questions concerning the interpretation of Regulation VI should be directed to the attention of the Compliance Section. Suggestion for changes to Regulation VI should be directed to the Regulation Development Section and the New Source Review Program.