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Announcements for Title V Operating Permits

Announcements of meetings, regulatory changes, and other significant information from the Air Permits Division. List includes all announcements for approximately the last five years.

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NEW October 21, 2019: HGB and DFW Reclassification for 2008 Ozone NAAQS

The Environmental Protection Agency (EPA) has reclassified Houston-Galveston-Brazoria (HGB) and Dallas-Fort Worth (DFW) nonattainment areas to serious nonattainment for the 2008 eight-hour ozone National Ambient Air Quality Standards (NAAQS) effective September 23, 2019. The Title V major source thresholds for nitrogen oxides (NOx) and volatile organic compounds (VOC) are now 50 tons per year (tpy). 30 Texas Administrative Code Section 122.130(b)(2) specifies that if a site becomes subject to the Title V programs as the result of an action by the executive director or EPA, an initial Federal Operating Permit (FOP) application must be submitted no later than 12 months after that action. Therefore, owners/operators would have to submit their initial FOP application by September 23, 2020.


September 6, 2019: Request for Public Comments and Hearing Announcement on Municipal Solid Waste Landfill General Operating Permit 517

The Texas Commission on Environmental Quality (TCEQ) is providing an opportunity for public comment and a notice and comment hearing (hearing) on the draft Municipal Solid Waste Landfill (MSWL) General Operating Permit (GOP) Number 517. The draft GOP contains revisions based on recent federal and state rule changes, which include updates to the requirements tables; the addition of new requirements tables; and updates to the terms. This renewal also corrects typographical errors and updates language for administrative preferences.

Draft Municipal Solid Waste Landfill GOP

Comments may be mailed to Ms. Sherry Davis, Texas Commission on Environmental Quality, Office of Air, Air Permits Division, MC 163, P.O. Box 13087, Austin, Texas 78711-3087. Comments may be emailed to sherry.davis@tceq.texas.gov. All comments should reference the draft Air Curtain Municipal Solid Waste Landfill (GOP). Comments must be received by 5:00 p.m. on October 7, 2019. A public hearing on the draft GOP will be held in Austin on October 7, 2019, at 2:00 p.m. in Building E, Room 201S, located at 12100 Park 35 Circle, Austin. The public hearing will be structured for the receipt of oral or written comments by interested persons. Open discussion within the audience will not occur during the hearing; however, a TCEQ staff member will be available to discuss the draft GOP 30 minutes prior to the hearing and will also be available to answer questions after the hearing.

If you have questions regarding the draft GOP, or the public hearing please contact Ms. Sherry Davis at 512-239-2141. Si desea información en Español, puede llamar al 800-687-4040.


August 16, 2019: Definition of Site

The TCEQ Air Permits Division has updated its Site Operating Permit Guidance webpage. The Definition of Site Guidance document was removed and has been replaced with specific rule references to relevant 30 Texas Administrative Code definitions, and two EPA documents to assist with site determinations.


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.


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.


July 14, 2017: Revisions to Oil and Gas General Operating Permits 511 and 514.

The TCEQ is issuing revisions to GOP numbers 511 and 514 to address the applicability status of Wise County. Sites in Wise County are now covered under GOP 511 instead of GOP 514. The revised GOPs were proposed on January 27, 2017, and the public comment period closed on February 27, 2017. No comments were received, and no substantive changes have been made to the GOPs since proposal.

Current permit holders are required to submit an application for a new authorization to operate (ATO) no later than October 12, 2017, if any of the emission units, applicability determinations, or the basis for the applicability determinations are affected by the revisions in the renewed GOPs. If the revisions in the GOPs do not affect your site, a new ATO is not required.


February 10, 2017: Adoption of 30 TAC Chapter 122 rulemaking adds Cross-State Air Pollution Rule (CSAPR) as an applicable requirement. Effective February 23, 2017, any unit that is subject to CSAPR requirements must be identified in the Title V Permit.

On October 26, 2016, the EPA finalized an update to CSAPR for the 2008 ozone NAAQS by issuing the final CSAPR UpdateExit the TCEQ.

On February 1, 2017, the Commission approved the adoption of amended and repealed sections of 30 TAC Chapter 122 and corresponding revisions to the state implementation plan, effective February 23, 2017. This included the addition of CSAPR as an applicable requirement, as well as the removal of outdated provisions relating to the Clean Air Interstate Rule (CAIR).

After February 23, 2017, all SOP applications which include any units that are subject to CSAPR requirements, including revised SOPs in which any revision items are associated with existing units that were subject to CAIR requirements, must include CSAPR requirements in place of CAIR requirements as applicable. Any pending application which includes CAIR applicability, and for which notice has not yet been published by February 23, 2017, must include CSAPR requirements. In order to avoid any potential noncompliance situations, any pending SOP applications which include CAIR applicability, and for which notice has been published prior to February 23, 2017, will require either a separate minor revision application to be submitted before operating a unit that is the affected CSAPR source, or addition of the CSAPR terms and extension of the current public notice comment period.


December 21, 2016: HGB and 2008 8-Hour Ozone NAAQS Reclassification

While TCEQ staff can provide information regarding TCEQ's rules and permitting practices, TCEQ staff cannot provide legal advice. The information provided below is not legal advice, is not a final decision of the Commission, and does not bind the Commission's authority in any way in any future action.

EPA proposed approval of a redesignation substitute and finding of attainment for the 1997 8-hour ozone NAAQS for the Houston-Galveston-Brazoria (HGB) area on May 25, 2016; and the final approval notice was published on November 8, 2016 with an effective date of December 8, 2016. However, the HGB area did not attain the 2008 8-hour ozone NAAQS by its marginal attainment date of July 20, 2015. EPA proposed reclassification to moderate on September 27, 2016, and finalized the reclassification on December 14, 2016. The HGB area is currently designated nonattainment for the 2008 8-hour ozone NAAQS, classified as moderate.

Under EPA and TCEQ rules, applicable NSR major source / modification thresholds are determined according to the most stringent nonattainment area classification for all NAAQS for which the area is nonattainment. All applications for NSR authorizations for new construction or modification of facilities or emissions units that will be located in any area designated as nonattainment for ozone as of the date of issuance of the permit are subject to the nonattainment requirements of 30 Texas Administrative Code (TAC) Chapter 116, Subchapter B, Division 5, unless certain specified criteria apply on the date of issuance of the permit. See 30 TAC Section 116.150(a).

This means that effective on December 14, 2016, all pending NSR applications (those not issued) are subject to the applicable classification for the 2008 8-hour ozone NAAQS. Therefore, pending applications will be processed according to the moderate major source thresholds and emission offset requirements. Every affected pending application will be evaluated by the assigned permit staff to determine how it will be impacted by this transition. Each applicant should discuss their particular application status with the assigned permit staff to evaluate the application changes appropriate and necessary for their application.

For any questions regarding permitting please contact Betsy Peticolas of the Air Permits Division at 512-239-6033. For any questions related to pending legal challenges contact the Environmental Law Division at 512-239-0600.


November 9, 2016: HGB and 1997 8-Hour Ozone Redesignation Substitute

While TCEQ staff can provide information regarding TCEQ's rules and permitting practices, TCEQ staff cannot provide legal advice. The information provided below is not legal advice, is not a final decision of the Commission, and does not bind the Commission's authority in any way in any future action.

EPA proposed approval of a redesignation substitute and finding of attainment for the 1997 8-hour ozone NAAQS for the Houston-Galveston-Brazoria (HGB) area on May 25, 2016; and the final approval notice was published on November 8, 2016 with an effective date of December 8, 2016. The HGB area is currently designated nonattainment for the 2008 8-hour ozone NAAQS, classified as marginal. However, the HGB area did not attain the 2008 8-hour ozone NAAQS by its marginal attainment date of July 20, 2015, and is expected to be reclassified to moderate with a new attainment date of July 20, 2018. EPA proposed the reclassification on September 27, 2016, and is expected to finalize the reclassification sometime in December, 2016.

Under EPA and TCEQ rules, applicable NSR major source / modification thresholds are determined according to the most stringent nonattainment area classification for all NAAQS for which the area is nonattainment. All applications for NSR authorizations for new construction or modification of facilities or emissions units that will be located in any area designated as nonattainment for ozone as of the date of issuance of the permit are subject to the nonattainment requirements of 30 Texas Administrative Code (TAC) Chapter 116, Subchapter B, Division 5, unless certain specified criteria apply on the date of issuance of the permit. See 30 TAC Section 116.150(a).

This means that when the redesignation substitute and finding of attainment for the 1997 8-hour ozone NAAQS becomes effective on December 8, 2016, all pending NSR applications (those not issued) are subject to the applicable classification for the 2008 8-hour ozone NAAQS, which for a short time could mean pending applications will be processed according to the marginal major source thresholds and emission offset requirements. Every affected pending application will be evaluated by the assigned permit staff to determine how it will be impacted by this transition. Each applicant should discuss their particular application status with the assigned permit staff to evaluate the application changes appropriate and necessary for their application.

For any questions regarding permitting please contact Betsy Peticolas of the Air Permits Division at 512-239-6033. For any questions related to pending legal challenges contact the Environmental Law Division at 512-239-0600.


September 22, 2016: Guidance on Expedited Air Permits Process

In order to provide a high level of efficient service and commitment to the processing of all expedited applications, with additional resources, the TCEQ has finalized a few changes to the Expedited Air Permits Process. Beginning October 1, 2016, surcharge payments must be submitted at the time of the expedited request. Updated guidance to Implementation of the Expedited Permitting Program.

In addition, to ensure the most effective processing of all expedite applications, responses to any requests for information should be provided in a timely manner. Projects with delayed responses, deficient or incomplete responses, or other excessive applicant initiated delays will be removed from the expedited permitting program and the remaining surcharge refunded.


February 23, 2015: The initial implementation of the Expedited Air Permitting Program began on November 13, 2014. Expedited air permitting was made available for Permits by Rule (PBRs) and Standard Permits (which do not require public notice) through the ePermits system on December 18, 2014. To allow applications for all air authorization types to participate in the initial program, the total surcharge collected for PBRs and Standard Permits (which do not require public notice) was initially limited to $300,000. Through the first few months of the program, there has been significantly more interest in expediting case-by-case new source review permit application reviews. Therefore, the Air Permits Division is no longer holding a specific amount of surcharge for PBRs and Standard Permits (which do not require public notice) and allowing requests for all types of authorizations until the fiscal year 2015 appropriations limit is reached.

To request the expediting of an application review, submit the TCEQ Form 20706 APD-EXP. Additionally, the Initial Implementation of the Expedited Permitting Program guidance document is available.

If you have questions about expediting the review of an application for an air authorization in Texas, please call the Air Permits Division main phone line at 512-239-1250.