fact07.txt

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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.