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Qualified Changes to Existing Facilities under Senate Bill 1126

This page describes criteria for an existing facility to authorize qualified changes under Senate Bill 1126, codified in 30 TAC Section 116.116(e).

Senate Bill 1126 of the 74th Texas Legislature allows the authorization of physical or operational changes at an existing site without obtaining a permit amendment. The modifications must meet specific criteria and the permit holder must notify the TCEQ. This process is less cumbersome than other methods for authorizing changes to existing facilities.

EPA approved the amended TCEQ rules and SIP via publication in the Federal Register on September 9, 2016 and the SIP changes became effective October 1, 2016.

Overview of Criteria

Review the Qualified Facilities Guidance and the rule language for full details of the qualifying criteria. At a minimum, the following requirements must be met:

  • The modified facilities must have been authorized within the last 120 months or utilize controls at least as effective as the BACT that would have been required for a similar unit authorized 120 months previously.
  • The proposed changes cannot result in any of the following:
    • A net increase in emissions of any air contaminant;
    • The release of any new air contaminant;
    • Adverse air impacts; or
    • Major NSR review.

Instructions to Modify a Permit Under SB 1126

  • All qualified facility changes require prior notification through submittal of a PI-E Form and supporting documentation PDF or Word
  • Each qualified facility authorization (permit, standard permit, or PBR) must be simultaneously revised or certified to reflect the changes.

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