Questions or Comments: airperm@tceq.texas.gov
You are here:

Announcements for New Source Review

Announcements of meetings, regulatory changes, and other significant information from the Air Permits Division. List includes all announcements for approximately the past six-months.

Envelope icon Sign Up for E-mail Updates from the Air Permits Division (APD)


NEW June 23, 2020: Updated Readily Available Permits (RAP) application workbook for tanks and loading increases

The Air Permits Division has released Version 2.0 of the application for the Readily Available Permit (RAP) for tanks and loading increases. This RAP can be used to authorize an NSR amendment action to authorize an increase of throughput for tanks and/or loading at an existing site. The updates include information for submitting through STEERS, updating the Effects Screening Levels, and some minor updates to improve usability and accessibility. Visit the RAP: TankLoading page for the updated workbook.

NEW June 5, 2020: New PI-1S-CBP Registration Form for Concrete Batch Plant Registrations

The Air Permits Division has created a new PI-1S-CBP for all concrete batch plant standard permit registration applications (Standard Permits 6004 and 6008). The new form includes the required checklists and tables. You can submit applications using the PDF form but we strongly encourage you to start using the new Excel version to improve your permitting timeline. It will be required starting on September 1, 2020. At that time, the PDF version of the PI-1S will no longer be accepted for these standard permit registrations.

The PI-1S-CBP is available on the Standard Permit for Concrete Batch Plants page and the Standard Permit for Concrete Batch Plants with Enhanced Control page.

NEW June 4, 2020: New Readily Available Permit (RAP)

The Air Permits Division has released a new RAP. A RAP is a New Source Review application process that results in more efficient case-by-case permitting. RAP: Marine Loading can be used to authorize an NSR initial or amendment action for tank and/or loading (marine, drum, tote, truck, or rail) emissions at a new or existing site.

UPDATE May 11, 2020: Update for Non-Rule Project No. 2020-028-SIP-NR - The public hearing on these proposals will be conducted remotely due to COVID-19 restrictions

On March 16, 2020, in accordance with Section 418.016 of the Texas Government Code, Governor Abbott suspended various provisions of the Open Meetings Act that require government officials and members of the public to be physically present at a specified meeting location. Pursuant to that suspension, the public will not be able to attend this public hearing in person but may attend telephonically at no cost. To listen to or participate in the public hearing or the informal question-and-answer period prior to the hearing, members of the public must register as indicated below before 2:00 p.m. on May 18, 2020.

At 2:00 p.m. on May 18, 2020, members of the public may call, toll free, 1 877-820-7831 (International: 1-720-279-0026) and enter access code 269684 #. The line will be open from 1:30 p.m. to 2:00 p.m. for members of the public to ask questions about the proposed Agreed Orders and associated revisions to the SIP. At 2:00 p.m., the line will be open only to receive official testimony from members of the public concerning the proposed Agreed Orders and associated revisions to the SIP.

To register, please call (512) 239-0663 or email john.minter@tceq.texas.gov and provide the following information:

    1. Project number associated with your participation in the hearing
    2. Name
    3. Affiliation
    4. Whom you represent (self or company/client)
    5. Whether you wish to provide official testimony

Members of the public may submit written comments through May 26, 2020. Electronic comments may be submitted at: https://www6.tceq.texas.gov/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference the “Agreed Orders Regarding Planned Startup and Shutdown Emissions for Certain Electric Generating Units and 110(l) Demonstration SIP Revision” and should reference Project Number 2020-028-SIP-NR and/or an associated Agreed Order (Project Numbers 2020-021-SIP-NR; 2020-022-SIP-NR; 2020-023-SIP-NR; 2020-024-SIP-NR; 2020-025-SIP-NR; 2020-026-SIP-NR; 2020-027-SIP-NR, and 2020-032-SIP-NR). Comments may be submitted to John Minter, MC -173, Environmental Law Division, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-0606. Comments must be received by May 26, 2020.

NEW April 10, 2020: Non-Rule Project No. 2020-028-SIP-NR

Please check this webpage before the hearing date for information about accommodations if the hearing must be conducted remotely due to COVID-19 restrictions.

Proposed Revision to the State Implementation Plan Regarding Agreed Orders for Planned Startup and Shutdown Emissions for Certain Electric Generating Units (EGUs) (Non-Rule Project No. 2020-028-SIP-NR).

On April 8, 2020, the commission approved proposal of revisions to the State Implementation Plan (SIP), consisting of eight voluntary Agreed Orders (AOs) establishing certain operational limits and work practices for periods of planned maintenance, startup and shutdown (MSS) activities as federally enforceable emission limits. The commission also approved proposal of a SIP Narrative for these AOs consisting of a demonstration that the SIP revision will meet the requirements of Federal Clean Air Act (FCCA), Section 110(l) (42 United States Code, Section 7410(l)) to ensure noninterference with any applicable requirement concerning attainment and reasonable further progress or any other requirement of the FCAA. The AOs and SIP Narrative, if adopted, will be submitted to the United States Environmental Protection Agency as a revision to the Texas SIP.

The comment period will open April 10, 2020 and close May 26, 2020. Written comments may be submitted electronically at: https://www6.tceq.texas.gov/rules/ecomments/.

The commission will hold a public hearing on these proposals in Austin on May 18, 2020 at 2:00 p.m. at the TCEQ Park 35 Office Complex, 12100 Park 35 Circle, Building E, Room 201S, Austin or remotely on the same day and time if necessary due to COVID-19 restrictions. The hearing is structured for the receipt of oral or written comments by interested persons.

The SIP revision materials are available for inspection by clicking on the hyperlinks below:

  • Proposed SIP Revision to the State Implementation Plan Regarding Agreed Orders for Planned Startup and Shutdown Emissions for Certain Electric Generating Units. (Project No. 2020-028-SIP-NR)
  • Agreed Order with Southwestern Electric Power Company (SWEPCO) H.W. Pirkey Power Plant in Harrison County. (Project No. 2020-021-SIP-NR)>
  • Agreed Order with Lower Colorado River Authority (LCRA) Sam Seymour Fayette Power Project in Fayette County. (Project No. 2020-022-SIP-NR)
  • Agreed Order with Luminant Generation Company, LLC Martin Lake Steam Electric Station in Rusk County. (Project No. 2020-023-SIP-NR)
  • Agreed Order with NRG Texas Power, LLC Limestone Electric Generating Station in Limestone County. (Project No. 2020-024-SIP-NR)
  • Agreed Order with San Miguel Electric Cooperative, Inc. San Miguel Electric Plant in Atascosa County. (Project No. 2020-025-SIP-NR)
  • Agreed Order with Southwestern Public Service Company (SPS) Harrington Station in Potter County. (Project No. 2020-026-SIP-NR)
  • Agreed Order with Public Service Company of Oklahoma (PSCO) Oklaunion Power Station in Wilbarger County. (Project No. 2020-027-SIP-NR)
  • Agreed Order with Texas Municipal Power Agency (TMPA) Gibbons Creek Steam Electric Station in Grimes County. (Project No. 2020-032-SIP-NR)

NEW March 31, 2020: Public Notice Sign Posting for Air Permitting

The executive director may approve variations from the requirements of Title 30 Texas Administrative Code Section 39.604 (30 TAC Section 39.604) as allowed in 30 TAC Section 39.604(d) and from 30 TAC Section 122.320 as allowed in Section 122.320(h) if the applicant has demonstrated that it is not practical to comply with the specific requirements of the subsection and alternative sign posting plans proposed by the applicant are at least as effective in providing notice to the public. To request a variance please complete the new sign variance form for Section 39.604 or Section 122.320 and email to APDPNSIGN@tceq.texas.gov.

NEW March 20, 2020: Information Regarding Deliveries to the Air Permits Division

Beginning March 23, 2020, certain TCEQ Park 35 Buildings will be closed to the public. This includes Park 35, Building C where the Air Permits Division is located. As such, the Air Permits Division is unable to accept any hand-delivered applications or other deliveries at this time.

Any deliveries for the Air Permits Division should be taken to the Customer Service Center located in Building A, Room 122C (right across from the cafeteria). A TCEQ staff member will be there to accept deliveries. Please inform them that the item should be delivered to the Air Permits Division, Mail Code 163.

For any inquiries, please email AIRPERM@tceq.texas.gov.

NEW February 27, 2020: Updates to Qualified Facilities Guidance

The Air Permits Division has updated the Qualified Facilities Guidance. The guidance has been updated to be consistent with rule language and to clarify which permitting options are available to make physical and operational changes to qualified facilities.

The updated document is available on the Qualified Changes to Existing Facilities Under Senate Bill 1126 page.

NEW February 5, 2020: New Patch of the Electronic Modeling Evaluation Workbooks (EMEWs)

The Air Permits Division has released Version 2.3 of the EMEWs. The associated list of changes has also been updated. We recommend using the latest posting, but Version 2.0 and its associated patch numbers 2.1 and 2.2 will continue to be accepted.

The EMEWs and associated documents are available at the New Source Review Application Tools page.

October 17, 2019: New Throughput Flexibility Special Condition

The Air Permits Division (APD) has developed a new special condition to provide flexibility and allow for an annual increase in throughput under certain conditions. Applicants who would like to add the new condition to their permit should submit an alteration request to the APD.

October 16, 2019: Updated Readily Available Permits (RAP) application workbooks for simple cycle turbines and compressor stations

The Air Permits Division has updated the RAP application workbooks for simple cycle turbines and compressor stations. These RAPs can be used to authorize operations of an electric utility simple cycle turbine facility or operations of a compressor station, respectively. Qualification criteria have not changed. The updates simplify the application process by including the instructions, qualification criteria, draft Special Conditions, and necessary Form PI-1 General Application information all in the workbook itself. Information is provided for submitting electronically through STEERS or email and to account for the recent nonattainment reclassification of Harris-Brazoria-Galveston and Dallas-Fort Worth areas. Visit the RAP website for the updated application workbooks.

September 24, 2019: Updated Marine Loading Collection Efficiency Guidance

The Air Permits Division (APD) has released updated guidance for Marine Loading Collection Efficiency. The guidance updates the accepted collection efficiency from inerted, ocean-going marine vessels during loading. Current permit holders may revise their permits consistent with the updated requirements through submittal of an alteration request.

September 23, 2019: Readily Available Permit: Tank and Loading Increases

The Air Permits Division has released a new Readily Available Permit (RAP). A RAP is a New Source Review application process that results in more efficient case-by-case permitting. RAP: Tank-Loading can be used to authorize an NSR amendment action for an increase of throughput for tanks and/or loading (drum, tote, truck, or rail) at an existing site.

September 18, 2019: New Version of the Form PI-1 General Application

The Air Permits Division (APD) has released Version 4.0 of the Form PI-1 General Application. The associated tips sheet and list of changes have also been updated. Version 3.0 and its associated patch numbers 3.1, 3.2, and 3.3 will continue to be accepted through November 30, 2019. Applications received on December 1, 2019 or later must use Version 4.0 and its associated patch numbers.

If an applicant files a Form PI-1 General Application using Version 3.0 or its associated patch numbers for projects located in the HGB or DFW regions affected by the recent nonattainment reclassification, then the applicant must select “serious” as the appropriate nonattainment classification on the Federal Applicability sheet in Section I. County Classification. TCEQ may not accept an application if the appropriate nonattainment classification is not selected.

The Form PI-1 General Application and associated documents are available at the New Source Review Application Tools page.

August 30, 2019: Updates to Permit by Rule Checklists

The Air Permits Division (APD) has released updates for two Permit by Rule (PBR) checklists.

The updated PBR 106.261 Facilities (Emission Limitations) Checklist can be found on the PBR 106.261 webpage. The updated PBR 106.262 Facilities (Emission and Distance Limitations) Checklist can be found on the PBR 106.262 webpage. Both checklists contain new language to address annual emission increases.

July 25, 2019: Updates to permitting tools.

The Form PI-1 General Application (previously referred to as the NSR Application Workbook) has been updated to Version 3.3. The associated tips sheet and list of changes have also been updated.

The Form PI-1 General Application and associated documents are available at the New Source Review Application Tools page.

Additionally, step-by-step guidance videos for completing the Form PI-1 General Application and the Electronic Modeling Evaluation Workbook are now available, also on the New Source Review Application Tools page.

May 31, 2019: Updates to permitting tools.

The Form PI-1 General Application (previously referred to as the NSR Application Workbook) has been updated to Version 3.2. The Electronic Modeling Evaluation Workbooks (EMEWs) have been updated to Version 2.2.

Beginning June 1, 2019, we will be accepting the March 2019 version (also referred to as Version 3.0) and forward of the Form PI-1 General Application, as well as the March 2019 version (also referred to as Version 2.0) and forward of the Electronic Modeling Evaluation Workbooks (EMEWs).

The Form PI-1 General Application and EMEWs are available at the New Source Review Application Tools page.

March 18, 2019: Updates to tools and policies are now available to process applications more efficiently and reduce permitting timeframes.

These are standardized tools created for your use in preparing and submitting air permit applications. There are several available on our New Source Review Application Tools page and more are in development. We encourage you to check this website whenever preparing an air permit application to utilize all the latest resources available.

NSR Application Workbook

The NSR Application Workbook has been updated to include most NSR case-by-case permit and action types. It has also been updated to address all Chapter 116 requirements for these permit and action types, helping you prepare a complete application.

  • Minor NSR: Initial, Amendment, Renewal, Renewal/Amendment, Relocation/Alteration, Change of Location, Alteration, Extension to Start of Construction
  • Special Permit: Amendment, Renewal, Renewal/Amendment, Alteration, Extension to Start of Construction
  • De Minimis: Initial
  • Flexible: Initial, Amendment, Renewal, Renewal/Amendment, Alteration, Extension to Start of Construction
  • PSD: Initial, Major Modification
  • Nonattainment: Initial, Major Modification
  • HAP Major Source [FCAA Section 112(g)]: Initial, Major Modification
  • PAL: Initial, Amendment, Renewal, Renewal/Amendment, Alteration
  • GHG PSD: Initial, Major Modification, Voluntary Update

At this time, you can submit applications using the PDF or MS Word forms, but we strongly encourage you to start using this workbook now to improve your permitting timeline. It will be required for all project types listed above starting on June 1, 2019. Please be sure to use the latest version when submitting. It is available at the New Source Review Application Tools page.

Electronic Modeling Evaluation Workbooks (EMEW)

Both versions of the EMEWs (SCREEN3 and NonSCREEN3) have been updated to add additional features, fix calculation errors, and update formatting and wording to add clarity. For more details on the updates see the following document: Updates on EMEWs. The latest versions of the EMEWs are available at the New Source Review Application Tools page.

At this time, minor projects utilizing modeling to complete an impacts analysis can submit a modeling summary following the Initial Modeling Summary for New Source Review Projects guidance document, but we strongly encourage you to start using the EMEWs now to benefit from an efficient modeling audit process. Starting June 1, 2019, the modeling analysis must include an EMEW with the application submittal.

Reminders:

  • Projects which do not require modeling but do require an impacts demonstration must include the required documentation with the application submittal starting on June 1, 2019. Examples include a qualitative discussion or Modeling and Effects Review Applicability analysis.
  • PSD permit application must include a protocol with the application submittal. Preliminary results are not needed with the application for PSD projects. Providing initial modeling results demonstrating compliance with all applicable requirements is highly recommended, but not required with the initial application submittal.

November 8, 2018: Guidance on Changes to the EPA's "Once-In-Always-In" Policy for Maximum Achievable Control Technology (MACT) Standards

The TCEQ has developed guidance to supplement the U.S. EPA's January 25, 2018 memorandum which rescinded the EPA's 1995 "Once-in-always-in" policy concerning the applicability of 40 CFR Part 63 MACT standards to major sources of hazardous air pollutants (HAP). The guidance outlines the basic process by which a major source of HAP subject to a MACT standard can become an area source.

November 1, 2018: New tools and policies are now available to process applications more efficiently and reduce permitting timeframes.

New Direct Assistance Guidance

These are standardized tools created for your use in preparing and submitting applications. There are several now available on our New Source Review Application Tools page and more are in development. We encourage you to check this website whenever preparing an air permit application to utilize all the latest resources available.

NSR Application Workbook

This workbook contains data currently submitted through the PI-1, Table 1(a), and Table 30 for New Source Review Permit Applications. It also guides the applicant through Best Available Control Technology, monitoring, and impacts summary requirements.

The NSR Application Workbook is available now at the above website. At this time, you can submit applications using the PDF or MS Word forms, but we strongly encourage you to start using this workbook now to improve your permitting timeline. It will be required starting on June 1, 2019. At that time, the PDF and MS Word versions of the PI-1 and Table 1(a) will no longer be available.

Electronic Modeling Evaluation Workbooks (EMEW)

These workbooks are the recommended method to submit modeling information. EMEWs are suitable for all minor projects and can be used with all model types. There are two versions: one for SCREEN3 and one for all other models.

The EMEWs are both available now at the above website. At this time, you can submit a modeling summary following the Initial Modeling Summary for New Source Review Projects guidance document, but we strongly encourage you to start using the EMEWs now to benefit from an efficient modeling audit process. Starting on June 1, 2019, all minor projects utilizing modeling to complete an impacts analysis must include an EMEW with the application submittal.

Paint Emission Calculation and Impacts Analysis Spreadsheet

This workbook is for all enclosed painting operations. You will be guided through calculating emission rates and conducting an impacts analysis for your project.

The Painting Spreadsheet is available now. We strongly encourage you to start using this workbook now to start benefiting from a streamlined permitting process. Starting on January 1, 2019, all enclosed painting projects will be required to submit this workbook with their application.

New Policies

Impacts Summary Timing

The Air Permits Division now requires an impacts summary with the application submittal for projects requiring an impacts analysis. This allows APD staff to conduct steps of the technical review concurrently rather than linearly, reducing timeframes. This up-front demonstration ensures that the impacts are acceptable before time is spent on the technical review.

Currently, all initial, most amendment, and some alteration projects require an impacts analysis to demonstrate compliance with applicable rules and regulations. Acceptable impacts for a project may be demonstrated through modeling, utilizing the Modeling and Effects Review Applicability process, a qualitative discussion, or some combination of those techniques. The impacts demonstrations can continue to utilize the techniques currently available. Projects which previously did not require modeling will continue to not require modeling.

If modeling is required, either an initial modeling summary or the EMEWs should be submitted with the permit application. The initial modeling summary is like what was requested for a pre-modeling meeting summary but now includes more documentation requirements and preliminary results.

For projects requiring PSD permitting, a protocol will be required with the application submittal. Preliminary results are not needed with the application for PSD projects.

Application forms have been updated as of October 1, 2018 to require an impacts summary with the application submittal. To allow for a transition period, applications will continue to be received and deemed administratively complete even if the impacts summary is not included. Beginning January 1, 2019, projects must include an impacts summary for the project to be declared administratively complete.

Incorporation by Consolidation

Currently, our memo indicates that all Permits by Rule, Standard Permits, and Standard Exemptions must be referenced when the New Source Review permit is next amended or renewed, and consolidation is voluntary. Consolidated authorizations are completely combined into the NSR permit and are voided upon completion of the NSR project.

The current consolidation process requires applicants to provide emission calculations, a BACT analysis, and an impacts demonstration for all consolidated sources. To avoid delays in the permit review process, this information is now required at the time of application submittal. If the information is not provided at the time of submittal, then the reviewer will use our standard template and reference the authorizations in the Special Conditions. This change became effective October 1, 2018.

ePermits

Beginning January 1, 2019, all APD-Certs and all notifications associated with Section 106.264, Replacement of Facilities, must be submitted electronically via ePermits.

Questions? We Can Help

If you have questions about this announcement, please contact us.

June 19, 2018: Updates to Qualified Changes Under Senate Bill 1126 Section 116.116(e) Guidance and PI-E Form

The TCEQ is excited to release an updated Qualified Changes Under Senate Bill 1126 Section 116.116(e) Guidance Document and the PI-E Form and Instructions with the primary intent of clarifying guidance for the implementation of the legislation and Section 116.116(e).

The guidance, instructions, and form include updates to match rule language and intent, clarifying how certain “qualified” facilities may be authorized to make physical and operational changes without a requirement to obtain a permit amendment. Sections 116.10 and 116.116(e) were last amended in 2010 to address deficiencies identified by EPA and subsequently accepted by EPA as a part of the SIP, effective as of October 11, 2016.

May 2, 2018: ePermits Announcement

Starting July 1, 2018, Texas Commission on Environmental Quality (TCEQ) Air Permits Division (APD) will begin requiring all applicants to submit requests for change in ownership for all New Source Review (NSR) authorizations including registrations under permits by rule or Standard Permits via ePermits.

This requirement will not apply for NSR authorizations involved in a partial sale of a site or Federal Operating Permits (FOP). Submittal of these types is not yet available through the ePermits system.

Need help? A new ePermit webpage, Guidance for STEERS, has been created with helpful videos and other information useful for submitting applications via ePermits.

April 13, 2018: ePermits Announcement

With the latest update to ePermits, the Texas Commission on Environmental Quality (TCEQ) Air Permits Division (APD) will begin accepting case-by-case renewals and confidential information through ePermits.

Need help? A new ePermit webpage, Guidance for STEERS, has been created with helpful videos and other information useful for submitting applications via ePermits.

March 12, 2018: Updates to Modeling and Effects Review Applicability (MERA) Guidance

The updated Modeling and Effects Review Applicability (MERA) Guidance Document has now been finalized.

The final document includes changes made in response to the comments received. The updated document includes limited technical changes and additional opportunities for streamlining the health impacts review process while continuing to ensure the protection of human health and welfare.

January 31, 2018: ePermits Announcement

Starting tomorrow, February 1, 2018, Texas Commission on Environmental Quality (TCEQ) Air Permits Division (APD) will begin requiring all applicants to submit permit-by-rule (PBR) and standard permit (STDP) registration applications via ePermits.

This requirement will not apply to Concrete Batch Plants, Rock and Concrete Crushers, Hot Mix Asphalt Plants, Polyphosphate Blenders, or portables. Submittal of these application types is not yet available through the ePermits system.

For more information on the background and purpose of ePermits, please see the August 8, 2017 approved memo titled Permit-By-Rule and Standard Permit Registration Application Procedures.

Need help? A new ePermit webpage, Guidance for STEERS, has been created with helpful videos and other information useful for submitting applications via ePermits.

Questions? We Can Help

If you have questions regarding the announcements above, please contact us.