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Air PBR 106.264: Replacements of Facilities

A facility that replaces an existing facility and meets the conditions stated in 30 TAC Sections 106.4 and 106.264 is permitted by rule. The TCEQ must be notified of the replacement within 10 days. Record-keeping requirements are discussed.

Note: The Office of the Secretary of State has moved their content to a new server. Please use this link to access Texas Administrative Code Title 30 until TCEQ is able to update the linked content.

A facility that replaces an existing facility and meets the conditions stated in Title 30, Texas Administrative Code (30 TAC), Section 106.264, is permitted by rule. To qualify for this permit by rule (PBR), your facility must also meet the general conditions stated in 30 TAC Section 106.4.

If this PBR does apply to your replacement facility, you must notify us within 10 days of installing the replacement facility and keep records as described below.

How to Notify Us of This Replacement

You may use any one of these methods to notify us:

Send a letter to the TCEQ regional office that serves your county. Be sure to include enough information to identify your business and the facility being replaced. No fee is charged if you use this method.
Complete TCEQ Form - 20122, Regional Notification for Permits by Rule and Standard Permits, and send it to the TCEQ regional office that serves your county. No fee is charged if you use this method.
Complete TCEQ Form - 10228, Registration for a Permit by Rule (PI-7), and send it to the address indicated in the instructions to the form. If you use this method, you must pay a registration fee .

Remember: Your notice must arrive in our office no more than 10 days after the replacement is installed.

To find out whether your facility meets the general conditions stated in Section 106.4, use our Permit by Rule Applicability Checklist, TCEQ Form - 10149.

Complete our PBR 106.264 Checklist, TCEQ Form - 10123 to find out whether it meets the specific conditions for this PBR.

If your facility cannot comply with the conditions indicated in these checklists, see Types of New Source Review Authorizations for other options.

Registration

This PBR does not require you to register or pay a fee.

Record Keeping

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.

Questions? We Can Help

If you have questions about this or any other PBR, contact us:
e-mail: airperm@tceq.texas.gov
phone: 512/239-1250