1. Air Permitting Overview.
Texas Commission on Environmental Quality
Small Business & Local Government Assistance
Jennifer Schmidt
This overview of general air permitting information is presented by Jennifer Schmidt. Jennifer is with the Small Business and Local Government Assistance Section in the Houston Regional Office.

2. Small Business & Local Government Assistance.
Programs Offer
Free and confidential technical assistance
Multi-media compliance tools
Small Business & Local Government Assistance is under the office of the Executive Director and is separate from enforcement, which is under the Office of Compliance and Enforcement. The agency is structured this way to encourage entities to seek guidance and gain voluntary compliance.
Some of the ways we help customers gain voluntary compliance is through our programs, which offer free and confidential technical assistance and compliance tools without the threat of enforcement.
You can find more information at our website, TexasEnviroHelp.org or by calling our Compliance Assistance Hotline at the number listed at the bottom of the slide.

3. Air Permitting Overview.
TCEQ Permitting Process
NSR Construction Authorizations
Federal Operating Permits
Additional permitting concerns.
First, we’ll look at the rule that authorizes your permit to construct, 30 TAC (a)
We will review the TCEQs Permitting Process Using The Pyramid diagram which goes through each level of permitting. And finally, address any additional permitting concerns, including federal regulations you must follow.
I hope you’ll leave with a basic understanding of how TCEQ does Air Permitting and so covering the basic topics is where we’ll spend most of our time.

4. NSR Authorizations. 30 TAC §116.110(a)
“Construction Authorizations”
Facility--A discrete or identifiable structure, device, item, equipment, or enclosure that constitutes or contains a stationary source…(30 TAC §116.10(4))
Before any actual work is begun on the facility any person who plans to construct any new facility or to engage in the modification of any existing facility which may emit air contaminants into the air of this state shall obtain authorization under a new source review authorization. These are also referred to as “construction authorizations.” The options we will cover include De Minimis, Permit by Rule, Standard Permit, and individual permit.
Facility = A discrete or identifiable structure, device, item, equipment, or enclosure that constitutes or contains a stationary source….( per 30 TAC §116.10(4))

5. https://texreg. sos. state. tx. us/public/readtac$ext. TacPage
This is a partial screenshot of applicability section of 30 TAC (a) which lists the various authorizations for your permit to construct a facility. These are also referred to as “construction authorizations.”

6. NSR Authorizations. 30 TAC §116.110(a)
Increasing Emissions.
Graphic depiction of a pyramid representing TCEQ authorizations in an increasing emissions format.
De Minimis. Permit by Rule. Standard Permit. Minor NSR Permit. NA and PSD.
30 Texas Administrative Code § (a) is the authorization for a permit to construct. And so each level on the pyramid represents the different options for authorization under §
Note that the further down the pyramid we go, the permits authorize a higher amount of emissions. This increase also generally relates to permitting cost and time.

7. Air Contaminants Criteria Pollutants & precursors:
Carbon Monoxide (CO), Lead (Pb), Nitrogen Dioxide (NO2), Ozone (O3), Sulfur Oxides (SOX), Particulate Matter (PM), Volatile Organic Compounds (VOC).
Hazardous Air Pollutants (HAP)
As you begin to consider which authorization is most appropriate for your facility, you first want to consider what your facility is emitting and what emissions are regulated. Air contaminants can include the criteria pollutants, their precursors, and hazardous air pollutants. Criteria pollutants are the pollutants set by the National Ambient Air Quality Standards or NAAQs These are set by the EPA and are found in (40 CFR 50). Of these pollutants, NOX and VOC are of particular concern because these two combine in the presence of sunlight to create ground level ozone.
Hazardous Air Pollutants are regulated by rules called NESHAPs, or National Emissions Standards for Hazardous Air Pollutants (40 CFR 61). List of 187.

8. Quantify Emissions Actual vs. Potential. Major vs. Minor.
Major Sites*:
PTE > 100 tpy of any pollutant.
PTE > 10 tpy single HAP; > 25 tpy combination of HAPs.
Now that we know what contaminants are, you’ll need to quantify how much you emit.
You will need to quantify how much you actually emit as well as how much you could potentially emit.
Potential to emit (PTE) is a theoretical calculation - you determine how much facilities can emit if they operate at full capacity, 24 hours a day, 365 day per year.
Your construction authorization (NSR authorization – the ones on the pyramid) is based on your actual emissions.
Your PTE determines if you are a major or minor source. Minor sources are also known as area sources.
Major vs. Minor (30 TAC §112.10)
In general, major have PTE:
More than 100 tpy of a pollutant (like VOC or NOX).
More than 10 tpy single HAP or > 25 tpy combination of HAPs.
*Major source thresholds may be different in specific areas. Counties that do not meet the National Ambient Air Quality Standards (NAQQS) are considered nonattainment counties and may have lower thresholds to be considered a major source.

9. NSR Authorizations.
Graphic depiction of a pyramid representing TCEQ authorizations in an increasing emissions format.
De Minimis. Permit by Rule. Standard Permit. Minor NSR Permit. NA and PSD.
Increasing Emissions.
De Minimis
This pyramid represents the permitting process at TCEQ. Note that the further down the pyramid, the higher the emissions for that permitting option. This increase also generally relates to permitting cost and time.

10. De Minimis. 30 TAC §116.110(a)(5) Rule Requirements in 30 TAC §116.119
Negligible sources.
Industry or activity specific.

11. De Minimis. No paperwork submitted Keep records.
Must meet all conditions exactly.
No Violations!
No violations!- “De Minimis facilities or sources at a site which are subsequently determined by the executive director to be in violation of any commission rule, permit, order, or statute within the commission's jurisdiction, will no longer be considered de Minimis and must obtain registration or authorization under this chapter or Chapter 106 of this title (relating to Permits by Rule).”

12. De Minimis. 4 routes: 30 TAC §116.119 limits. De Minimis list.
Effects Screening Levels (ESL)
Petition the Executive Director
There are four routes to be considered De Minimis:
1. Meet one of limits in § (a)(2) facilities or sources at a site which, in combination, use the following materials at no more than the rate prescribed in subparagraphs (A) - (F) of this paragraph:
    (A) cleaning and stripping solvents, 50 gallons per year;
    (B) coatings (excluding plating materials), 100 gallons per year;
    (C) dyes, 1,000 pounds per year;
    (D) bleaches, 1,000 gallons per year;
    (E) fragrances (excluding odorants), 250 gallons per year;
    (F) water-based surfactants/detergents, 2,500 gallons per year;
2. Be on the de minimis list (laundromats, car washes and landscaping)
3. Meet sitewide emission rate caps using the Effect Screening Level (ESL) list as described in § (a)(3).
4. Petition the executive director to be considered De Minimis, or have the De Minimis list amended.

13. De Minimis

14. De Minimis List of Facilities or Sources

15. De Minimis Example. Paint shop that uses:.
Less than 100 gallons of coating &
Less than 50 gallons of solvent.
Paint shop uses 250 gallons/year (by hand).
1. Meet one of limits in § (a)(2) facilities or sources at a site which, in combination, use the following materials at no more than the rate prescribed in subparagraphs (A) - (F) of this paragraph:
    (A) cleaning and stripping solvents, 50 gallons per year;
    (B) coatings (excluding plating materials), 100 gallons per year;
   
2. Be on the de minimis list: Manual application of cleaning or stripping solutions or coatings. Manual application includes application using brushes, cloth, pads, sponges, droppers, tube dispensing equipment, or spray bottles and pump-up sprayers without aerosol propellants.
(Applying coating with a roller is not considered “manual application.”)
Remember!
Document compliance with § (i.e. purchase records that prove you buy less than 100 gallons each year.)
Cannot have violations.

16. NSR Authorizations.
Graphic depiction of a pyramid representing TCEQ authorizations in an increasing emissions format.
De Minimis. Permit by Rule. Standard Permit. Minor NSR Permit. NA and PSD.
Increasing Emissions.
Permit by Rule (PBR)
We covered the lowest emissions (highest level on pyramid).
What if you cannot meet the de minimis requirements? You progress to the next level of the pyramid.
The second level (PBRs) authorizes higher emissions than De Minimis.

17. Permits by Rule (PBR). 30 TAC §116.110(a)(4). Permits listed in §106
Most are industry or activity specific.
30 TAC (a)(4).
To claim a PBR you must meet Specific emission limits which we will discuss in a moment.
PBRs are specific to an industry or activity. For example if you have an auto body shop, you would use the PBR specific to that activity. You must meet each condition of the rule – no exceptions.
Permits by Rule were previously known as standard exemptions.

18. Permits By Rule: 30 TAC Ch. 106
Ex. Subchapter S for Surface Coating and Subchapter T for Surface Preparation

19. PBR Example §106.433 – Surface Coat Facilities
§ – Dry Abrasive Cleaning
§ Soldering, Brazing, Welding
“ ” is the rule reference but is also used to refer to the PBR.

20. General PBRs.
30 TAC § and §
Facilities that do not have a PBR specific to them.
Registration required.
If you do not have a PBR that is specifically for your type of facility, you can review § and §
These are general PBRs, which are customized to your site as represented in your registration packet. I think of them as a case-by-case PBR or “mini” NSR permit.
These are for facilities that are still considered “insignificant” but do not meet de minimis levels or have a PBR which applies to their operation. Your site still must meet conditions in and
Also, you cannot use them “in place” of a PBR that you can’t meet the non-negotiable requirements.
i.e. You have a body shop, but can’t meet the condition of the stack height in the Auto Refinishing Facilities PBR. You cannot customize a § /§ PBR to circumvent applying with the § requirements.
Ex. Pyrolysis, tank cleaning

21. PBR Requirements. 30 TAC §106.4 & §106.8. Emissions limits.
Meet PBR version in effect at time of construction or installation.
To claim a PBR, you must first meet the general requirements contained in 30 TAC §106.4, which include the following:
- Limits on emissions from the facility and the site
- Cannot be a new major source or a major modification
- Must meet the current version of the PBR
- Must meet all other applicable federal, state, and local requirements (Nonattainment, PSD, NSPS, NESHAPS)
- Must obtain NOx allowances if subject to Mass Emissions Cap and Trade Program
Cannot be used if prohibited by a permit condition
§106.8 –
a copy of each PBR
the applicable general conditions of §106.4
Records to show how you meet the PBR conditions and 106.4
30 TAC §106.4 limits:
 (A) 250 tons per year (tpy) of carbon monoxide (CO) or nitrogen oxides (NOX );
    (B) 25 tpy of volatile organic compounds (VOC), sulfur dioxide (SO2 ), or inhalable particulate matter (PM);
    (C) 15 tpy of particulate matter with diameters of 10 microns or less (PM10 );
    (D) 10 tpy of particulate matter with diameters of 2.5 microns or less (PM2.5 ); or
    (E) 25 tpy of any other air contaminant except:
      (i) water, nitrogen, ethane, hydrogen, and oxygen; and
      (ii) notwithstanding any provision in any specific permit by rule to the contrary, greenhouse gases as defined in §101.1 of this title (relating to Definitions).
If you modify, you may need to claim the current PBR.

22. PBR Requirements.
Meet all other federal, state, and local requirements.
Check for permit condition limits at site.
We’ll talk more in detail about some of the ‘other requirements’ but be aware that the Authorization is not the only rule you have to be concerned about.
If your facility is located in an area in Texas which does not meet certain standards (nonattainment county) there may be additional requirements, even at the PBR authorization level.
You may have Federal Regulations which you are required to follow, such as Area Source NESHAP (National Emission Standard for Hazardous Air Pollutants)
30 TAC §106.4(a)(6) A facility shall comply with all applicable provisions of the FCAA, §111 (Federal New Source Performance Standards) and §112 (Hazardous Air Pollutants), and the new source review requirements of the FCAA, Part C and Part D and regulations promulgated thereunder.

23. Specific PBR Requirements.
Registration vs. “one liners”.
No renewal requirements.*
Distance requirements & site approval.
Must meet all conditions exactly
Read the conditions of the PBR to determine if you qualify.
Some of the PBRs have distance requirements. Some rules reference the property line and some reference an off-site receptor. This would be a house, school, business, convenience store, maybe even a park.
Some of the PBRs require site approval before you begin construction. Others might require site approval depending on circumstances (e.g., whether the facility is enclosed or not enclosed).
Site approval means an investigator will come out to check your distances.
You can claim a PBR (or historical standard exemption) as long as you remain in compliance with the rule at all times, and still operate as represented on your PBR registration. Your PBR authorization does not expire. It is valid as long as you continue to operate as described in your application and you continue to meet the conditions of the rule. If you add or change facilities, you must reclaim the PBR. So, you could be operating under a historical standard exemption if you have not changed your process.
* The exception is the Air Curtain Incinerator PBR (§ ) which has a 5 year renewal requirement.

24. Registering or Claiming a PBR
Register PBRs that require registration. “the facility shall be registered with the commission using Form PI-7.”
Claim PBRs that do not require registration but must follow the requirements of the PBR rule
Some PBRs may be claimed without registration. However, many PBRs require registration in order to authorize your emissions. If a PBR requires registration, this requirement will be listed as a condition of the rule and will state that “the facility shall be registered with the commission using Form PI-7.”
Some of the PBRs require registration. If no registration is required, you simply document how you meet each condition of the rule and keep that information available to demonstrate compliance. You can print out the PBRs that do not require registration and keep them in your records.

25. Voluntary Registrations
If PBR does not require registration, you may still voluntarily register the PBR
Fee still required
Some PBRs do not require registration. If the PBR the facility is claiming does not require registration, but the owner/operator wishes to have the TCEQ review and confirm that the facility meets the conditions of the PBR, a facility may voluntarily register the facility. A fee is still required for voluntary registrations, and the owners and operators must keep records according to 30 TAC §106.8 to demonstrate compliance with the PBR and the general requirements in 30 TAC §106.4.

26. PBR Example §106.433 – Surface Coat Facilities
§ – Dry Abrasive Cleaning
§ Soldering, Brazing, Welding
Example: paint shop is over the de minimis levels and sand blasting and welding are conducted at the site. Review § , § , & § You’d have to meet the facility limits in §106.4 and the hourly emission limits in §
Registration is required for § (site approval is required if the painting is conducted outdoors). Registration & site approval is required for § if the blasting is conducted outdoors. Registration is not required for §
If you weld products, sand blast them in a booth, and then paint them in a booth you would register for § , include the information to show you meet the rule, & explain in your cover letter that you conduct blasting indoors per § and welding per § You can begin construction on your site after you submit the forms.
If you weld products, sand blast them outside, and then paint them outside – you would register for both § and § and explain in your cover letter than you weld incompliance with § Site approval is required prior to construction for surface coating outdoors and sand blasting outdoors.
Pay one fee for either situation – you can register for up to 6 PBRs on a single form with a single fee if you submit the package together.

27. PBR Registration. PI-7 or PI-7-CERT.
§106.4 & specific PBR Checklists..
Core Data Form.
Additional Technical Information
If registration is required, complete a Form PI-7 or PI-7-CERT and submit Additional Information.
PI-7 or PI-7-CERT form
You can submit your registration form by mail or fax or online through STEERS.
Some PBRs require notification to the regional office (264 Replacement, 496 ACI, and 533 Remediation).

28. Technical Information
Cover letter
Introduction
Process Description
Process flow diagram
Summary of emissions
Checklists
Emissions calculations
NAAQS Compliance
Explanation of how you meet the rule
Lab Analysis
Site map
Other Data as needed
Give us a clear cover letter, tell us what you do at the site – what kind of widgets you build and what is your process. A process description is very beneficial. Identify any associated existing permits or authorizations.
What is the company doing? Is this a new facility? Are they making a change to an existing facility? If it is an existing facility, how is the original facility authorized?
A site map (plot plan) or diagram helps give a visual of your operation. It doesn’t have to be computer generated or an aerial photograph. A hand-drawn map will suffice.
Tell us what the current application (project) will accomplish. Give us clear documentation on how your new facility (or changes) meets the rule you’ve claimed and the general requirements to claim a PBR.
Are there any additional federal, state, or local rules that apply?
Be sure to characterize your emissions and give us calculations showing how you arrived at the short-term and annual values.
How much VOC do you emit? How much NOx?
Consider all upstream and downstream effects.
Include any maintenance, startup, and shutdown (MSS) emissions.
Show your math and have supporting documentation! (i.e. MSDS/Technical data sheets to show VOC content)
If you have a case-by-case permit, include that information.
Tips for a Speedy Administrative Review is a fact sheet to assist in submitting your application:

29. PBR Registration Fast – 45 days processing time.
Fee required at time of registration ($450/$100)
Mail the forms or
Submit electronically through STEERS

30. State of Texas Electronic Reporting System (STEERS)
Why use STEERS?
Streamlines the application process
Shortens the process time
Immediate confirmation application has been received
You can now use STEERS e-Permitting to notify and register for air permits with the TCEQ. Permits by rule (PBR), standard permits, NSPS OOOO notifications, and historical notifications, including Barnett Shale, are now available. All PBRs except PBR for air curtain incinerator (ACI) facilities.
You may also submit renewals for some standard permits, an Air Permits Certification of Emission Limits (APD-CERT) form, or change of ownership. To obtain an authorization in STEERS, simply log-in or create a new account, select the desired authorization, upload supporting documentation, and submit payment. Upon submission, you will receive a confirmation from the TCEQ indicating that your application has been received, or for PBRs not requiring registration, an immediate letter of authorization.
The use of STEERS for notification, registration, and certification is strongly encouraged, as it streamlines the permitting process for both the customer and the Texas Commission on Environmental Quality (TCEQ). Utilizing STEERS shortens the permitting process and provides the customer immediate confirmation that their application has been received.
Confidential information normally submitted with the paper application and marked “confidential” may not be uploaded with a customer’s permit documents. You must mail those documents separately, refer­encing the permit application number in a cover letter. You must still send a paper copy of your application to the TCEQ regional office and local air pollution control program with jurisdiction.
For an additional fee, you can choose to expedite your applica­tions for PBRs or standard permits that do not require public notice. These applications may be submit­ted in STEERS.

31. ePBRs & STEERS
Presentation Tomorrow.

32. NSR Authorizations.
Graphic depiction of a pyramid representing TCEQ authorizations in an increasing emissions format.
De Minimis. Permit by Rule. Standard Permit. Minor NSR Permit. NA and PSD.
Increasing Emissions.
Standard Permits
What if I can’t meet de minimis, or a PBR? – Look at Standard Permits.

33. Standard Permits. 30 TAC §116.110(a)(2).
Industry or activity specific.
Sources above PBR limits, but below PSD or nonattainment limits.
(a)(2).
Standard Permits are another mechanism to authorize emissions from your facility. Standard Permits were developed to assist industry and TCEQ to permit sites that fit within a specific range of activity. As the Air Permits Division discovered that facilities fit into defined categories, rules were developed to fit these industry emissions.
Standard permit emissions limits are above PBRs, but below PSD (prevention of significant deterioration) and NNSR (nonattainment new source review) limits.
If there is not a PBR for your facility – check to see if there is a standard permit.

34. Standard Permits. Concrete Batch Plants. Rock Crushers.
Oil and Gas Facilities.
Temporary Hot Mix Asphalt Plants.
Boilers

35. Standard Permits

36. Standard Permit. PI-1S Form Checklists and spreadsheets $900 Fee
Renew every 10 years .
You will need to complete a Form PI-1S:
- This form captures company and facility information
- Allows you to tell us which rule you are claiming
- What other permits are at the site
You must submit your registration form by mail.
The PI-1S requires a signature, because enforceable limits will be established by the permit.
Fast – ~45 days.

37. Technical Information
Cover letter
Introduction
Process Description
Process flow diagram
Summary of emissions
Checklists
Emissions calculations
NAAQS Compliance
Explanation of how you meet the rule
Lab Analysis
Site map
Other Data as needed

38. NSR Authorizations.
Graphic depiction of a pyramid representing TCEQ authorizations in an increasing emissions format.
De Minimis. Permit by Rule. Standard Permit. Minor NSR Permit. NA and PSD.
Increasing Emissions.
State Permits and Nonattainment New Source Review and Prevention of Significant Deterioration
We’ve covered de minimis, Permit by Rules, and Standard Permits. This covers the truly “basic” air permitting at TCEQ.
We will briefly touch on minor new source review permits, and NA NSR & PSD levels of the pyramid.
If you cannot meet the requirements of DM, PBR, or SP – then you will need to apply for an individual permit.
If you meet certain emission thresholds to be considered a major source, you will need to apply for a nonattainment and/or PSD permit.

39. Minor NSR Permits. 30 TAC §116.110(a)(1). Issued before construction.
a.k.a. State Permits, Individual Permits, Case-by-Case Permits, NSR Permits.
State permits are advanced topics, so we are just touching on them.
(a)(1)
Pre-construction authorizations – you need them before you build any of your facilities, so you will want to plan accordingly.
We call them a lot of different things! State Permits, Individual Permits, Case-by-Case Permits, NSR Permits, Minor NSR Permits

40. Minor NSR Permits. Case-by-case review.
Emissions, BACT, impacts evaluations.
Public Participation. .
A permit writer will review your application and a permit specific for your site will be written.
You must quantify emissions, name emission points, perform a Best Available Control Technology (BACT) analysis, and do impacts evaluations.
The requirements can be reviewed in 30 TAC §
Public Participation.
PI-1 form and associated information.
Minimum $ fee.
These permits can take up to a year.
Many companies will hire someone with specialized knowledge regarding air permitting, either consulting firms or an environmental staff person. This can increase the “cost” of the permit, since (unlike the other permitting options) it can be quite difficult to DIY.
It is helpful to discuss process with Air Permits Division prior to submission of application.
Example: A paint shop that is over the de minimis level, that cannot meet the hourly limits in § or wants to exceed the site-wide limit of 25 tpy of VOC – they would pursue a Minor NSR permit.

41. Minor NSR Permit Application.
PI-1 form and associated information.
Minimum $ fee.
Not so fast.
Public Participation.
PI-1 form and associated information.
Minimum $ fee.
Meeting with Air Permits
These permits can take up to a year, or even over a year.

42. NSR Authorizations.
Graphic depiction of a pyramid representing TCEQ authorizations in an increasing emissions format.
De Minimis. Permit by Rule. Standard Permit. Minor NSR Permit. NA and PSD.
Increasing Emissions.
State Permits and Nonattainment New Source Review and Prevention of Significant Deterioration
We’ve covered de minimis, Permit by Rules, and Standard Permits. This covers the truly “basic” air permitting at TCEQ.
We will briefly touch on minor new source review permits, and NA NSR & PSD levels of the pyramid.
If you cannot meet the requirements of DM, PBR, or SP – then you will need to apply for an individual permit.
If you meet certain emission thresholds to be considered a major source, you will need to apply for a nonattainment and/or PSD permit.

43. Major Source Permits. Prevention of Significant Deterioration. (PSD)
Nonattainment New Source Review. (NNSR)
Prevention of Significant Deterioration applies in counties which meet the National Ambient Air Quality Standards (NAAQS) set by EPA (attainment counties).
Nonattainment New Source Review applies in counties which do not meet the NAAQS set by EPA (nonattainment counties).
If your site will meet certain emission thresholds, you will be considered a Major Source and will need to apply for PSD or NA permits.
These apply to New Major sources and sources doing Major Modifications.
Complex and beyond the scope of our presentation today.
NA Major – in general, emissions greater than 100 tons per year of any regulated pollutant. However, in nonattainment counties, those emission thresholds are lower depending on the pollutants which don’t meet the NAAQS and the classification of the county (serious, severe, or extreme nonattainment).
PSD Major – in general, emissions greater than 250 tons per year of any regulated pollutant. However, if the source is one of 28 industrial categories, the threshold is 100 tons per year of any regulated pollutant.

44. NSR Authorizations.
Graphic depiction of a pyramid representing TCEQ authorizations in an increasing emissions format.
De Minimis. Permit by Rule. Standard Permit. Minor NSR Permit. NA and PSD.
Increasing Emissions.
Summary

45. Federal Operating Permit.
Title V of the Clean Air Act.
In addition to your New Source Review authorization.
Issued through TCEQ.
Title V of the Clean Air Act.
In addition to your New Source Review authorization.
Issued through TCEQ.

46. Federal Operating Permits.
Minor
GOP
SOP
NSR.
Breakdown of the five levels of NSR Authorizations.
Title V.
Comparison of the three levels of Title Five Authorizations - Minor, GOP, and SOP to the five NSR levels. DM
PBR
Standard Permit
Minor NSR Permit
NA & PSD
This slide shows the relationship between NSR authorizations and Title V authorizations, which include General Operating Permits (GOPs) and Site Operating Permits (SOPs).
Title V Federal Operating Permits are required in addition to NSR authorizations when a site becomes a major source or when there are sources which fit into specific defined categories (such as Air Curtain Incinerators and Municipal Solid Waste Landfills).
The NSR permit is an authorization to construct facilities, while the Title V permit is an authorization to operate them.

47. Federal Operating Permit
Facility vs. Site
NSR Permits- Based on facility emissions
Federal Title V Operating permits- based on site emissions
A site is required to obtain an operating permit if it is considered to be a major source (per 30 TAC Section ).
Or is a listed industry (ex. ACI)
Facility Vs. Site
Actual Vs. Potential Emissions

48. Federal Operating Permit..
Major vs. Minor
In general, major sites have PTE:
> 100 tpy of any pollutant.
> 10 tpy single HAP; > 25 tpy combination of HAPs.
Major source definition in 30 TAC Chapter 122.
Minor sources are sources that are not major. (Below the major source threshold) Also known as Area Sources.
There are true minor and synthetic minor and we’ll talk about that near the end of the presentation.
Major vs. Minor (30 TAC §112.10)
In general, major have PTE:
More than 100 tpy of any pollutant (like VOC or NOX).
More than 10 tpy single HAP or > 25 tpy combination of HAPs.
Potential to emit is a theoretical calculation where you determine how much facilities can emit if they operate at full capacity, 24 hours a day, 365 day per year.
A source with small actual emissions can be considered a major source based on PTE.
Major source thresholds may be different in nonattainment counties.
If our paint shop actually emits 20 tpy of VOC, but if they operated around the clock at full capacity, the PTE could exceed the major source threshold – they would need a Title V permit.

49. Synthetic Minor. PTE above major source levels.
Actual emissions are below.
Certify emissions.
PI-7-CERT or
APD-CERT.
Definition of major is based on your PTE, not your ACTUAL emissions.
So, you can certify your emissions below major source levels if your actual emissions are below.
Example:
Our paint shop that has actual emissions of 20 tpy would want to use a PI-7-CERT if they were registering for the first time. If they certify to the 20 tpy, they become a synthetic minor. If the site is already in operation, they would use an APD-CERT form to become a synthetic minor.
Caution!
Do NOT exceed a emission limit you’ve certified to!

50. NSR & Title V Perspective.
Minor
GOP
SOP
NSR.
Breakdown of the five levels of NSR Authorizations.
Title V.
Comparison of the three levels of Title Five Authorizations - Minor, GOP, and SOP to the five NSR levels. DM
PBR
Standard Permit
Minor NSR Permit
NA & PSD
This slide shows the relationship between NSR authorizations and Title V authorizations, which include General Operating Permits (GOPs) and Site Operating Permits (SOPs).
Title V Federal Operating Permits are required in addition to NSR authorizations when a site becomes a major source or when there are sources which fit into specific defined categories (such as Air Curtain Incinerators and Municipal Solid Waste Landfills).
The NSR permit is an authorization to construct facilities, while the Title V permit is an authorization to operate them.
For a site to have a GOP, it must also first have a PBR authorization and / or a Standard Permit authorization.
Sites with a case-by-case NSR permit will have a SOP.
Compared to SOPs, GOPs are a relatively fast authorization mechanism.
Public notice is not required, and there is no application fee.
GOPs must be renewed every 5 years.
SOP are site operating permits.

51. Additional Considerations.
Nonattainment areas.
National Emission Standards for Hazardous Air Pollutants (NESHAP)
New Source Performance Standards. (NSPS)
In addition to knowing which rule authorizes your emissions at your business, you still must consider additional requirements to get those authorizations.
Nonattainment areas – Areas which are not meeting the NAAQS, and have rules that target specific pollutants (like VOC and NOX.)
National Emission Standards for Hazardous Air Pollutants (NESHAP) – federal requirements for the specific type of pollutant called HAP.
New Source Performance Standards –
NSPS:  technology and emission standards for new or modified sources; includes emissions limitations, monitoring and reporting requirements, etc.  Applicability triggered by construction, reconstruction, or modification.  in 40 CFR Part 60. 
NSPSs are emission limits for criteria pollutants for a set list of industrial sources, the emission limits are applied to individual pieces of equipment at a site and not the entire site.

52. Additional Considerations.
Graphic depiction of a pyramid including Nonattainment areas, NESHAP and NSPS.
Nonattainment Areas
NESHAP
NSPS

53. Nonattainment Areas. EPA NAAQS for criteria pollutants.
Areas in TX do not meet the NAAQS for Ozone.
DFW (Serious) & HGB (Severe).
EPA - NAAQS for criteria pollutants.
Areas in TX do not meet the NAAQS for Ozone.
DFW area (Serious).
HGB area (Severe).
The EPA sets the National Ambient Air Quality Standards for criteria pollutants.
DFW and HGB do not currently meet the NAAQS for Ozone.
Remember that VOC + NOx (in sunlight) = Ozone.
*DFW and HGB are classified as nonattainment for the 1997 standard of 0.08 ppm.*
It is important to know the attainment status of the area you are operating in, as this affects your major source threshold and other rules you’ll be required to follow.
TCEQ has a State Implementation Plan (SIP) to illustrate how Texas is cleaning up nonattainment areas.

54. Nonattainment Areas. Major vs. Minor & Potential to Emit.
Control of NOx (Chapter 117)
Control of VOC (Chapter 115)
The major source threshold is normally 100 tons per year of any pollutant (other than HAPs).
In serious nonattainment areas like DFW the major source threshold is reduced to PTE 50 tpy of VOC and NOX
In severe nonattainment areas like HGB the major source threshold is reduced to PTE 25 tpy of VOC and NOX.
This means that if you are in a nonattainment area, you are more likely to be required to get a Title V permit, and have to get a nonattainment permit – which increases complexity of permitting! (Our paint shop example would only have to emit over 50 tpy of VOC in DFW or 25 tpy of VOC in HGB to be a major source.)
Additionally, there are rules that apply to you BECAUSE you are in a nonattainment area, like 30 TAC Chapters:
117 – applies to both major and minor sources for control of NOX.
115 – applies to coatings, printing, etc…for control of VOC.

55. NESHAP/MACT. National Emission Standards for Hazardous Air Pollutants.
Federal Standards – nationwide.
Hazardous Air Pollutants.
NESHAP – National Emission Standards for Hazardous Air Pollutants
Also called MACT – Maximum Achievable Control Technology
These rules apply to specifically names sources, nationwide.
Subpart T - National Emission Standards for Halogenated Solvent Cleaning
Subpart QQQ National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting
Subpart HHHHHH National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources
You’ll hear them referred to as the subpart. 6H NESHAP; 4Z MACT.
The Hazardous Air Pollutants are found on the list online.
(Benzene, Asbestos, Styrene, Chromium Compounds, Nickel Compounds)

56. NESHAP/MACT. Title 40 CFR Part 63 & 61.
Major and Minor (Area) Sources.
10/25.
Comply, even if TCEQ does not have delegation.
NESHAP – National Emission Standards for Hazardous Air Pollutants
Title 40 Code of Federal Regulations Part 63 and Part 61
These rules apply to both major and minor sources. (Didn’t always, so you need to see if there is now one for your industry type.)
Major source = 10 tpy of single HAP; 25 tpy combination of HAP.
TCEQ generally adopts NESHAP by reference in 30 TAC Chapter Not all the NESHAP out now are adopted, and some have an adoption date prior to revisions EPA has made to the rules.
However, you are still required to comply with these regulations.
(Our paint shop will either have to comply with 4M or 6H MACT standards, depending on if it’s considered a major source or area source.)

57. NSPS. New Source Performance Standard. Title 40 CFR Part 60.
New, modified and reconstructed sources.
The NSPS apply to new, modified and reconstructed affected facilities in specific source categories.
Subpart IIII - Standards of Performance for Stationary Compression Ignition Internal Combustion Engines
Subpart JJJJ - Standards of Performance for Stationary Spark Ignition Internal Combustion Engines

58. Summary. DM Minor NSR. PBR GOP Standard Permit Minor NSR Permit SOP
Title V Additional.
Comparison of the three levels of Title Five Authorizations - Minor, GOP, and SOP, the five NSR levels, and the additional considerations pyramids.
NSR.
Nonattainment Areas
NESHAP
NSPS
Minor
GOP
SOP DM
PBR
Standard Permit
Minor NSR Permit
NA & PSD
Summary of the pyramids.

59. Expedited Permitting. 30 TAC Chapter 101
Pre-application meeting recommended but not required
Additional Surcharge
Title 30 Texas Administrative Code (TAC) Chapter 101, Subchapter J allows applicants to request the expedited processing of an application filed under 30 TAC Chapters 106, 116, or 122.
Pre-Application Meeting (recommended, but not required) - Prior to submittal of the application package, the applicant may contact the appropriate APD section manager to schedule a pre-application meeting. The meeting may be a phone conference. The applicant submits the application, cover letter, and a Form APD-EXP Expedited Permit Request to APIRT. The form can be found at:
Draft Application Submittal - Prior to submittal of the formal application, the applicant may provide a draft application and modeling protocol (if applicable) for preliminary evaluation by TCEQ staff. Draft applications and modeling protocols should be submitted at least three weeks prior to the planned, formal application submittal date.
Application Submittal - The applicant submits the application, cover letter, and a Form APD-EXP Expedited Permit Request to APIRT. The form can be found at: All requirements for the application including technical information to support the PI-1, PI-1R, or PI-1S, must be included in the application for it to be declared “administratively complete.”
Additional Surcharge (Minimum $500 for PBR applications)

60. Expedited Permitting. Use form APD-EXP (STEERS). Surcharge Amounts:.
Range from $500 for PBR & SP not requiring public notice (non-refundable, flat surcharge)
To $20,000 for Major NSR (NA or PSD)
Title 30 Texas Administrative Code (TAC) Chapter 101, Subchapter J allows applicants to request the expedited processing of an application filed under 30 TAC Chapters 106, 116, or 122. Subject to the availability of commission resources for expediting permit applications, the Texas Commission on Environmental Quality (TCEQ) may expedite the processing of the application. The applicant should demonstrate that the purpose of the application will benefit the economy of this state or an area of this state.
To expedite an application, the applicant must submit the Form APD-EXP (Expedited Permitting Request Form), which can be found on the web at www3.tceq.texas.gov/steers/. For new applications, attach the form and a cover letter specifying the request to expedite the processing of your project with the application that you submit to the Air Permits Initial Review Team (APIRT). For pending applications, submit the form APD-EXP along with a cover letter to APIRT. The applicant will receive an acceptance or denial letter from the TCEQ. Once the applicant receives the acceptance letter, the surcharge must be submitted with 10 days.
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. No hard copy applications or requests will be accepted. The ePermits process will ask a few questions regarding expediting and then allow payment of the surcharge.
To process a permit application as part of the expedited permitting program, the Air Permits Division (APD) requires a surcharge. The purpose of the surcharge is to fund additional resources to expedite the application. The surcharge must be submitted only after the applicant receives an acceptance letter from TCEQ. The acceptance letter will be transmitted to the applicant by . Projects submitted through the ePermits system will be paid at the time of submittal.
The surcharge amounts for the various air permit projects are listed as follows:
• PBRs and Standard Permits (which do not require public notice) - $500 (non-refundable, flat surcharge)
• Standard Permit (with public notice requirements) - $3,000
• Title V General Operating Permit (GOP) - $3,000
• Title V Site Operating Permit (SOP) - $10,000
• New Source Review (NSR) case-by-case permit - $10,000
• Federal NSR permits (Prevention of Significant Deterioration (PSD) including greenhouse gas PSD, Nonattainment (NA) and Hazardous Air Pollutant (HAP)) - $20,000
There is no additional surcharge for an NSR case-by-case permit, which accompanies a Federal NSR Permit; only the Federal NSR permit surcharge applies.
Additionally, the acceptance letter will specify what surcharge is due, based on the permit type listed in the application.
The applicant will submit the surcharge along with Form APD-APS (Air Permitting Surcharge Payment Form) to the address indicated on the form. Form APD-APS can be found on the web at www3.tceq.texas.gov/steers/. Refunds will be processed once per year for projects with a remaining surcharge balance amount of $450 and greater, with the exception of PBRs and standard permits with no public notice.
The applicant (specifically the contact person indicated on the Form APD-EXP) will be contacted by prior to the depletion of the initial surcharge amount. If the applicant elects not to provide additional funding to continue with the expedited process, the application will revert to a non-expedited project and will be reviewed according to standard agency timeframes.

61. ePBRs & STEERS Presentation TOMORROW! Learn to:
Set up an account in STEERS
Submit a PBR application through STEERS

62. Questions? DM PBR Standard Permit Minor NSR Permit NA & PSD
Jennifer Schmidt
Small Business & Local Government Assistance. DM
PBR
Standard Permit
Minor NSR Permit
NA & PSD