Air PBR 106.264: Replacements of Facilities
A facility that replaces an existing facility is permitted by rule if the facility meets the conditions stated in 30 TAC Sections 106.4 and 106.264. This page gives a brief overview of this PBR and links to relevant rules, forms, and guidance.
To qualify for this PBR, the facility must meet the following criteria:
- The general conditions stated in 30 TAC Section 106.4
- Complete PBR Applicability Checklist, TCEQ Form – 10149, to determine if the facility meets the general conditions for a PBR.
- The specific conditions stated in 30 TAC Section 106.264
- Complete PBR Applicability Checklist, TCEQ Form - 10123, to determine if the facility meets the specific conditions for this PBR.
Note: All PBR checklists that are made available to the public are optional and are not required forms. These checklists are provided for your convenience only.
If your facility cannot comply with the conditions indicated in the checklist, see Types of New Source Review Authorizations for other options.
Notification
Effective May 1, 2025, all relocation and notification requests must be submitted through STEERS.
The Air Permits Division must be notified within 10 days following installation of the replacement facility. The following should be included in the STEERS submittal:
- For notifications only:
- APD Relocation/Notification Form, TCEQ Form – 20122
- Any supporting documentation demonstrating compliance with the permit by rule (i.e. plot plan, area map, etc.)
- No fee is required.
- For registration:
- Permit by Rule (PI-7), TCEQ Form - 10228
- Any supporting documentation demonstrating compliance with the permit by rule (i.e. plot plan, area map, etc.)
- A registration fee is required.
Recordkeeping
Under 30 TAC Section 106.8 , your records must identify the rules under which your facility is operating and demonstrate compliance for a rolling 12-month period. Be sure you keep at least these records:
- a copy of Section 106.4
- a copy of Section 106.264
- records documenting compliance with the above rules
These records must be kept on site and readily available on request for inspection by the TCEQ or any air pollution control program that has jurisdiction. If you have questions about the type of records you should keep, contact the Air Program in the TCEQ regional office that serves your county.
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