>> Questions or Comments: airperm@tceq.texas.gov
You are here:

Announcements for Title V Operating Permits

Announcements of meetings, regulatory changes, and other significant information from the Air Permits Division. List includes all announcements for approximately the last five years.

Envelope icon Sign Up for E-mail Updates from the Air Permits Division (APD)


New Information July 14, 2017: Revisions to Oil and Gas General Operating Permits 511 and 514.

The TCEQ is issuing revisions to GOP numbers 511 and 514 to address the applicability status of Wise County. Sites in Wise County are now covered under GOP 511 instead of GOP 514. The revised GOPs were proposed on January 27, 2017, and the public comment period closed on February 27, 2017. No comments were received, and no substantive changes have been made to the GOPs since proposal.

Current permit holders are required to submit an application for a new authorization to operate (ATO) no later than October 12, 2017, if any of the emission units, applicability determinations, or the basis for the applicability determinations are affected by the revisions in the renewed GOPs. If the revisions in the GOPs do not affect your site, a new ATO is not required.


New Information February 10, 2017: Adoption of 30 TAC Chapter 122 rulemaking adds Cross-State Air Pollution Rule (CSAPR) as an applicable requirement. Adobe Acrobat PDF Document Effective February 23, 2017, any unit that is subject to CSAPR requirements must be identified in the Title V Permit.

On October 26, 2016, the EPA finalized an update to CSAPR for the 2008 ozone NAAQS by issuing the final CSAPR Update. Exit the TCEQ Adobe Acrobat PDF Document

On February 1, 2017, the Commission approved the adoption of amended and repealed sections of 30 TAC Chapter 122 and corresponding revisions to the state implementation plan, effective February 23, 2017. This included the addition of CSAPR as an applicable requirement, as well as the removal of outdated provisions relating to the Clean Air Interstate Rule (CAIR).

After February 23, 2017, all SOP applications which include any units that are subject to CSAPR requirements, including revised SOPs in which any revision items are associated with existing units that were subject to CAIR requirements, must include CSAPR requirements in place of CAIR requirements as applicable. Any pending application which includes CAIR applicability, and for which notice has not yet been published by February 23, 2017, must include CSAPR requirements. In order to avoid any potential noncompliance situations, any pending SOP applications which include CAIR applicability, and for which notice has been published prior to February 23, 2017, will require either a separate minor revision application to be submitted before operating a unit that is the affected CSAPR source, or addition of the CSAPR terms and extension of the current public notice comment period.


December 21, 2016: HGB and 2008 8-Hour Ozone NAAQS Reclassification

While TCEQ staff can provide information regarding TCEQ's rules and permitting practices, TCEQ staff cannot provide legal advice. The information provided below is not legal advice, is not a final decision of the Commission, and does not bind the Commission's authority in any way in any future action.

EPA proposed approval of a redesignation substitute and finding of attainment for the 1997 8-hour ozone NAAQS for the Houston-Galveston-Brazoria (HGB) area on May 25, 2016; and the final approval notice was published on November 8, 2016 with an effective date of December 8, 2016. However, the HGB area did not attain the 2008 8-hour ozone NAAQS by its marginal attainment date of July 20, 2015. EPA proposed reclassification to moderate on September 27, 2016, and finalized the reclassification on December 14, 2016. The HGB area is currently designated nonattainment for the 2008 8-hour ozone NAAQS, classified as moderate.

Under EPA and TCEQ rules, applicable NSR major source / modification thresholds are determined according to the most stringent nonattainment area classification for all NAAQS for which the area is nonattainment. All applications for NSR authorizations for new construction or modification of facilities or emissions units that will be located in any area designated as nonattainment for ozone as of the date of issuance of the permit are subject to the nonattainment requirements of 30 Texas Administrative Code (TAC) Chapter 116, Subchapter B, Division 5, unless certain specified criteria apply on the date of issuance of the permit. See 30 TAC Section 116.150(a).

This means that effective on December 14, 2016, all pending NSR applications (those not issued) are subject to the applicable classification for the 2008 8-hour ozone NAAQS. Therefore, pending applications will be processed according to the moderate major source thresholds and emission offset requirements. Every affected pending application will be evaluated by the assigned permit staff to determine how it will be impacted by this transition. Each applicant should discuss their particular application status with the assigned permit staff to evaluate the application changes appropriate and necessary for their application.

For any questions regarding permitting please contact Betsy Peticolas of the Air Permits Division at 512-239-6033. For any questions related to pending legal challenges contact the Environmental Law Division at 512-239-0600.


November 9, 2016: HGB and 1997 8-Hour Ozone Redesignation Substitute

While TCEQ staff can provide information regarding TCEQ's rules and permitting practices, TCEQ staff cannot provide legal advice. The information provided below is not legal advice, is not a final decision of the Commission, and does not bind the Commission's authority in any way in any future action.

EPA proposed approval of a redesignation substitute and finding of attainment for the 1997 8-hour ozone NAAQS for the Houston-Galveston-Brazoria (HGB) area on May 25, 2016; and the final approval notice was published on November 8, 2016 with an effective date of December 8, 2016. The HGB area is currently designated nonattainment for the 2008 8-hour ozone NAAQS, classified as marginal. However, the HGB area did not attain the 2008 8-hour ozone NAAQS by its marginal attainment date of July 20, 2015, and is expected to be reclassified to moderate with a new attainment date of July 20, 2018. EPA proposed the reclassification on September 27, 2016, and is expected to finalize the reclassification sometime in December, 2016.

Under EPA and TCEQ rules, applicable NSR major source / modification thresholds are determined according to the most stringent nonattainment area classification for all NAAQS for which the area is nonattainment. All applications for NSR authorizations for new construction or modification of facilities or emissions units that will be located in any area designated as nonattainment for ozone as of the date of issuance of the permit are subject to the nonattainment requirements of 30 Texas Administrative Code (TAC) Chapter 116, Subchapter B, Division 5, unless certain specified criteria apply on the date of issuance of the permit. See 30 TAC Section 116.150(a).

This means that when the redesignation substitute and finding of attainment for the 1997 8-hour ozone NAAQS becomes effective on December 8, 2016, all pending NSR applications (those not issued) are subject to the applicable classification for the 2008 8-hour ozone NAAQS, which for a short time could mean pending applications will be processed according to the marginal major source thresholds and emission offset requirements. Every affected pending application will be evaluated by the assigned permit staff to determine how it will be impacted by this transition. Each applicant should discuss their particular application status with the assigned permit staff to evaluate the application changes appropriate and necessary for their application.

For any questions regarding permitting please contact Betsy Peticolas of the Air Permits Division at 512-239-6033. For any questions related to pending legal challenges contact the Environmental Law Division at 512-239-0600.


September 22, 2016: Guidance on Expedited Air Permits Process

In order to provide a high level of efficient service and commitment to the processing of all expedited applications, with additional resources, the TCEQ has finalized a few changes to the Expedited Air Permits Process. Beginning October 1, 2016, surcharge payments must be submitted at the time of the expedited request. Updated guidance to Implementation of the Expedited Permitting Program. Adobe Acrobat PDF Document

In addition, to ensure the most effective processing of all expedite applications, responses to any requests for information should be provided in a timely manner. Projects with delayed responses, deficient or incomplete responses, or other excessive applicant initiated delays will be removed from the expedited permitting program and the remaining surcharge refunded.


February 23, 2015: The initial implementation of the Expedited Air Permitting Program began on November 13, 2014. Expedited air permitting was made available for Permits by Rule (PBRs) and Standard Permits (which do not require public notice) through the ePermits system on December 18, 2014. To allow applications for all air authorization types to participate in the initial program, the total surcharge collected for PBRs and Standard Permits (which do not require public notice) was initially limited to $300,000. Through the first few months of the program, there has been significantly more interest in expediting case-by-case new source review permit application reviews. Therefore, the Air Permits Division is no longer holding a specific amount of surcharge for PBRs and Standard Permits (which do not require public notice) and allowing requests for all types of authorizations until the fiscal year 2015 appropriations limit is reached.

To request the expediting of an application review, submit the TCEQ Form 20706 APD-EXP Adobe Acrobat PDF Document. Additionally, the Initial Implementation of the Expedited Permitting Program guidance document is available Adobe Acrobat PDF Document.

If you have questions about expediting the review of an application for an air authorization in Texas, please call the Air Permits Division main phone line at 512-239-1250.


November 10, 2014: Rules adopted by the commission to implement expedited air permitting in Texas will be effective on November 13, 2014.

To request expediting of an application, submit the TCEQ Form 20706 APD-EXP Adobe Acrobat PDF Document. Additionally, the Initial Implementation of the Expedited Permitting Program guidance document is now available. Adobe Acrobat PDF Document

For permits by rule (PBRs) and standard permits that do not require public notice, applicants are required to use the ePermits process to expedite the processing of the application. However, the ePermits system will not be available on November 13, 2014. TCEQ will not be accepting PBRs and standard permits without public notice expediting requests until the system is available. An announcement will be sent as soon as TCEQ and ePermits are ready to begin accepting expedited requests.

If you have questions about expediting an air permit in Texas, please call the Air Permits Division main phone line at 512-239-1250.


October 22, 2014: Expedited permitting rulemaking

New sections 101.600-602 of 30 TAC Chapter 101, General Air Quality Rules were adopted, implementing Senate Bill 1756, 83rd Legislature, 2013, Regular Session, providing TCEQ with the authority to accept a surcharge from the applicant to cover the expenses incurred by expediting the processing of an application. Rules adopted by the commission to implement expedited air permitting in Texas will be effective on November 13, 2014.
The complete rule package is currently available on the Pending Rule Adoptions website.

If you have questions about expediting an air permit in Texas, please call the Air Permits Division main phone line at 512-239-1250. TCEQ staff is working to ensure detailed guidance is available by November 10th on the TCEQ website.

June 25, 2013: House Bill (HB) 788 authorizes TCEQ Permitting of Greenhouse Gas (GHG) Emissions

HB 788, 83rd Legislature, became law on June 14, 2013. This legislation gives Texas the authority to develop rules to authorize major sources of GHG emissions to the extent required by federal law. Texas is currently subject to a Federal Implementation Plan (FIP), which means that major sources of GHG emissions are required to obtain a GHG permit from the U.S. Environmental Protection Agency (EPA).

In order to implement HB 788, several chapters in the Texas Administrative Code relating to air permitting and public notice will need to be amended. After the necessary rule changes are adopted by the TCEQ, they must be approved by EPA as part of the Texas State Implementation Plan (SIP) before TCEQ can begin reviewing applications and issuing permits for GHG emissions.

EPA will remain the permitting authority for GHG emissions in Texas until rulemaking is completed, EPA approves the SIP and then withdraws the FIP. TCEQ will be coordinating with EPA regarding the transition period for accepting and processing GHG applications, and will make that information available as it develops. If you have any questions about the permitting of GHG emissions by TCEQ, please contact the Air Permits Division, at (512) 239-1250.

To get the latest information from TCEQ about GHG permitting, sign up for the email group "Greenhouse Gas: Announcements." TCEQ will use this email group to provide information on topics related to GHG including: rulemaking, permitting, policies, guidance, compliance information, and other announcements.