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Air Permits to Construct: Before You Build

Information about working with the TCEQ before an air permit is issued.

Generally, Federal law requires that an applicant obtain a permit before construction can begin. Minor new source review permits also require a permit prior to construction activities unless the applicant chooses at its own risk, to begin construction for certain projects allowed pursuant to 30 TAC Chapter 116.118.

There are a variety of construction activities that the EPA has identified that generally would be allowed prior to the issuance of a permit including planning, ordering of equipment and materials, site clearing, grading, and on-site temporary storage of equipment and materials. Site clearance and preparation activities are determined on a case-by-case basis depending on the unique facts and circumstances of each case.

The EPA has issued documents over many years that provide guidance on the types of construction activities that are allowed before obtaining a permit. These documents are available online (Begin Actual Construction | US EPA ). Below are links to some of the most significant documents:

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