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Planned Maintenance, Startup, and Shutdown for Rule Registration Section, New Source Review

Guidance and tools for authorizing planned maintenance, startup, and shutdown (MSS) activities through rule registrations.

This page assists with issues regarding permitting of emissions from planned MSS activities. The Air Permits Division will base final determinations on any specific MSS submission based on the division’s review, and determinations may differ from the information on this page. Also, information on this page could change as the division continues to develop procedures for processing planned MSS activities.

Emissions from all planned MSS activities must be authorized. Affirmative defense for planned MSS activities has expired for all facilities unless an application for planned MSS was received during the schedule established in Title 30, Texas Administrative Code, Section 101.222(h), and the Air Permits Division is still processing the application.

Rule Registration Options for MSS

Other MSS Guidance

Historical Information

  • Emissions from planned MSS activities were subject to an affirmative defense to all claims in enforcement actions brought for those emissions if the owner or operator of the facility filed an application for the authorization of MSS emissions. The deadlines for submitting applications were based on standard industrial classification (SIC) code according to the following schedule [see Title 30, Texas Administrative Code, Section 101.222(h)]. The schedule for industries was:
    • SIC 2911-Petroleum Refining-January 5, 2007
    • SIC 28 except 2895-Chemicals and Allied Products-January 5, 2008
    • SIC 2895-Carbon Black-January 5, 2010
    • SIC 4911-Electric Services-January 5, 2011
    • All other SIC codes except oil and gas-January 5, 2013
    • Oil and gas-January 5, 2014-including SIC 1311, Crude Petroleum and Natural Gas; 1321, Natural Gas Liquids; 4612, Crude Petroleum Pipelines; 4613, Refined Petroleum Pipelines; 4922, Natural Gas Transmission; and 4923 Natural Gas Transmission and Distribution. (Date extended by SB 1134, 82nd Legislature, 2011.)
  • Questions received in response to the presentations at the Advanced Air Permitting Seminar in September 2006.

Questions? We Can Help

If you have questions regarding this information please contact us.