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Changes to Qualified Facilities under Senate Bill 1126

This page describes criteria for a qualified facility to authorize 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 changes 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 facility 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 Change a Permit Under SB 1126

  • All qualified facility changes require prior notification through submittal of a Form PI-E and supporting documentation. PI-E (TCEQ Form 10230) Microsoft Excel Document
  • Note: The PDF version of the form will not be accepted for applications received on or after September 1, 2020.
  • Application materials can be submitted through STEERS (preferred) or by email to APIRT@tceq.texas.gov.
  • Each qualified facility authorization (permit, standard permit, or PBR) must be simultaneously revised or certified to reflect the changes.

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