1. Site Operating Permits (SOPs) Initial, Revision, and Renewal Applications
Brandon Marsh, P.E.
TCEQ Air Permits Division
2019 Environmental Trade Fair & Conference

2. Title V Permitting Overview
Who needs a Title V permit?
What is the Title V permitting process?
Where do I access Title V permit documents?

3. Who Needs a Title V Permit?
Major Sources
Other Sources

4. Major Sources Major Sources as defined by 30 TAC §122.10 ≥ 100 TPY PTE
≥ 25 TPY total HAPs
≥ 10 TPY single HAP
Lower thresholds for nonattainment areas
Major Sources
30 TAC §122.10(13): Major source definitions
30 TAC §122.10(13)(A)(ii): combination of hazardous air pollutants (HAPs)
Examples of lower thresholds for nonattainment areas:
100 tons per year (TPY) VOC or NOx in any ozone nonattainment area classified as “marginal or moderate” areas
50 TPY VOC or NOx in any ozone nonattainment area classified as “serious”
25 TPY VOC or NOx in any ozone nonattainment area classified as “severe”
PTE = potential to emit

5. Other Sources “Affected Sources” under acid rain rules
Solid waste incineration units
Specific non-major sources listed by EPA
Other affected source categories are subject to the Title V program whether they are major sources or non-major sources:
Sites with acid rain permit units (electric generating units);
Sites with solid waste incineration units required to have a Federal Clean Air Act (FCAA) 129(e) permit;
Non-major sources subject to section 111 or 112 of the FCAA that the United States EPA has designated as no longer exempt from Title V; or
Non-major source categories designated by EPA.
Additional Information:
- Environmental Protection Agency (EPA) website:
- TCEQ Title V overview:
TCEQ PDF of non-major sources subject to 30 TAC Chapter 122:

6. Title V Permit Overview
Who needs a Title V permit?
What is the Title V permitting process?
Where do I access Title V permit documents?

7. Application Submittal
Permitting Process
TV Project Type
Application Submittal
Technical Review
Permitting Process Overview:
A company determines that the site needs a Title V permit or an effective Title V permit needs to be revised or renewed.
An application is submitted.
The TCEQ begins the technical review process with the applicant.
A working draft permit (WDP) is prepared.
The WDP is posted for public comment and for EPA review.
The effective permit is issued following the public comment and EPA review periods.
Final Issuance
Public Comment/
EPA Review
Working Draft Permit

8. Project Types Initial: New Title V permit §122.201
Renewal: Every 5 years for effective Title V permits
Revisions: Changes to an existing Title V permit § §
Project Types:
Initial Permit Issuance: 30 TAC §
Required for new sites or sites that will become subject to 30 TAC Chapter 122 as a result of changes at the site.
Renewal Title V Permit: 30 TAC §
Required every 5 years for sites for that have an existing Title V permit.
Administrative Revision: 30 TAC §
Corrects typographical errors, updates change of ownership, adds more frequency monitoring or reporting, adds a state-only requirement.
Minor Revisions: 30 TAC §
Does not violate any applicable requirements.
Does not involve significant changes to existing monitoring, recordkeeping, and reporting requirements in the permit.
Does not require or change a case-by-case determination of an emission limitation or other standard.
Does not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement, and the source is not avoiding an applicable requirement to which the source would otherwise be subject.
Is not a FCAA Title I modification.
Significant Revisions: 30 TAC Chapter §
Changes to the permit that do not qualify as administrative or minor revisions.
Relaxation of reporting or recordkeeping permit terms or conditions.
Change to a permit shield or a new permit shield is also a significant revision. §

9. Application Due Dates Initial Renewal Revisions
Before site operation begins
Initial
6 – 18 months before permit expiration
Renewal
Application Due Dates:
Initial application from 30 TAC § (b)(1)
If the site is a new site or a site that will become subject to the program as the result of a change at the site, the owner or operator shall not operate the change, or the new emission units, before an abbreviated application is submitted under this chapter. The executive director shall inform the applicant in writing of the deadline for submitting the remaining information.
Renewal application from 30 TAC § (2)
 for a permit renewal, at least six months, but no earlier than 18 months, before the date of permit expiration
Administrative Revisions from 30 TAC §
no later than 30 days after each permit anniversary for changes that occurred over the previous 12 months
Minor revision application from 30 TAC § (a)(2)
a minor revision application containing the required information must be submitted before the change is operated
Significant revision from 30 TAC § (a)
a significant revision application must be submitted before the change is operated
Minor – Before operation of change
Significant – Before operation of change
Revisions

10. Operating Changes in Permit Application
Date application is submitted
Initial
Minor – After completed application is submitted
Significant – After TCEQ issues revised permit
Renewal
Changes at a site as represented in the application may be operated at different times depending on the type of change:
Initial applications from 30 TAC § (b)(1)
If the site is a new site or a site that will become subject to the program as the result of a change at the site, the owner or operator shall not operate the change, or the new emission units, before an abbreviated application is submitted under this chapter. The executive director shall inform the applicant in writing of the deadline for submitting the remaining information.
Renewal applications from 30 TAC §
the permit holder may operate the changes at a site in accordance with this subchapter
with minor revision included, the changes may be operated before the issuance of the renewal as outlined in 30 TAC § (a)
with significant revision included, the changes shall not be operated before the issuance of the renewal as outlined in 30 TAC § (a)
Minor revision from 30 TAC § (a)
changes at a site requiring a minor permit revision may be operated before issuance of the revision
Significant revision from 30 TAC § (a)
changes requiring a significant permit revision shall not be operated before the permit is revised
Administrative Revisions from 30 TAC § (a)
may be operated before issuance of revision
Minor – After completed application is submitted
Significant – After TCEQ issues revised permit
Revisions

11. Example: Timely Renewal Submittal
Permit Renewal Submitted:
10/01/2023
Is the renewal timely? No
09/25/2022 – 09/25/2023
Initial may be required
30 TAC § (2): for a permit renewal, at least six months, but no earlier than 18 months, before the date of permit expiration
Effective Date of Initial Permit or Last Renewal

12. SOP Content Permit Face General Terms and Conditions
Special Terms and Conditions
Attachments
Appendices
Permit Face:
Company, Site, Area Name
Location
North American Industry Classification System (NAICS) Code description
Issuance Date
General Terms and Conditions
Special Terms and Conditions can include:
Emission Limitations: site-wide state and federal rules
Additional monitoring requirements
NSR Authorizations: standard permits, certifications, etc.
Compliance requirements
Risk Management Plan
Protection of Stratospheric Ozone
Temporary Fuel Sources
National Volatile Organic Compound Emission Standards for Consumer and Commercial Products
Alternative Requirement
Permit location: on/off site
Permit Shield
Acid Rain Permit
Cross-State Air Pollution Rule (CSAPR) requirements
Attachments
Applicable Requirements Summary: unit specific
Additional Monitoring Requirements: Compliance Assurance Monitoring (CAM), Periodic Monitoring (PM)
Permit Shield: negative applicability
NSR Authorizations: PSD, Non-Attainment, GHG, Minor NSR, PBRS, site-wide and unit specific
Compliance Schedules
Alternative Requirements: TCEQ and EPA
Appendix A: Acronym List
Appendix B: Major NSR Summary Table and Associated Major NSR permitting documents

13. OP-REQ1 Form General Terms and Conditions Special Terms and Conditions
State Site-Wide
Federal Site-Wide
Acid Rain
CSAPR
NSR Authorizations
Based on OP-REQ1 answers.
General Terms and Conditions
Special Terms and Conditions can include:
Emission Limitations: site-wide state and federal rules
Additional monitoring requirements
NSR Authorizations: standard permits, certifications, etc.
Compliance requirements
Risk Management Plan
Protection of Stratospheric Ozone
Temporary Fuel Sources
National Volatile Organic Compound Emission Standards for Consumer and Commercial Products
Alternative Requirement
Permit location: on/off site
Permit Shield
Acid Rain Permit
Cross-State Air Pollution Rule (CSAPR) requirements

14. Check form footer for date
OP-REQ1 Form
Initial and renewal applications - required
Revision applications – only if site-wide changes
Answer ALL questions for SOP applications, unless instructions indicate otherwise
Check form date
Check form footer for date
OP-REQ1 Form:
Required for initial and renewal applications.
Required for revisions when site-wide terms and conditions are being updated or added.
Questions are step-by-step and not all will be answered.
Check the form date, especially for renewals and revisions, to ensure that most recent form is being used.
TCEQ – (APDG 5733v44, Revised 03/19) OP-REQ1

15. Example: 30 TAC Chapter 111 Vents
Prompts to skip forward
Site-wide terms are determined based on OP-REQ1 answers.
Questions A.1. – A.4. determine terms for vents at the site subject to 30 TAC §

16. Example: Special Terms and Conditions
Site-wide terms are determined based on OP-REQ1 answers.
Questions A.1. – A.4. determine terms for vents at the site subject to 30 TAC §
Determined by OP-REQ1 Questions 1 - 4

17. Attachments Applicable Requirements Additional Monitoring
Permit Shield
NSR Authorizations
Appendix B
Additional attachments include:
Compliance Schedules
Alternative Requirements
TCEQ approval letters
EPA approval letters
Appendix A: Acronym List

18. Applicable Requirements: OP-UA Forms
Submit for initial, renewal, and revision applications
63 unit-specific forms and generic OP-UA1 form
Follow all form instructions
Check form date to verify most recent
Check form footer for date
OP-UA forms:
Determine unit-specific applicable requirements
If no unit attribute form exists for a specific unit with applicability, the unit may be submitted on the generic OP-UA1 form
Submit with initial applications.
Review renewal applications to determine if questions and/or attribute codes have been updated.
Review for revision applications and submit based on the type and scope of the revision.
TCEQ-1003 (APDG 5702v29, Revised 12/18) OP-UA2

19. Example: OP-UA2 MACT ZZZZ Engines
Codes determine applicable requirements
OP-UA forms have specific codes and instructions based on the regulation and type of unit.
Table 2a: Title 40 Code of Federal Regulations Part 63, Subpart ZZZZ: National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines
HAP Source: AREA = the site is an area source of HAPs as defined in 40 CFR §63.2
Brake HP: = stationary RICE with a brake HP greater than or equal to 250 HP and less than 300 HP
Construction/Reconstruction Date: = commenced construction or reconstruction on or after December 19, 2002, but before June 12, 2006
Nonindustrial Emergency Engine: NO = RICE is not a residential, commercial, or institutional emergency engine as defined in 40 CFR §
Service Type: NORMAL = normal use
Stationary RICE Type: 4SRB = 4 stroke spark ignited rich burn engine

20. Example: OP-UA2 Requirements
Applicable requirements are unit and regulation specific
Applicable requirements are determined based on TCEQ Decision Support System:

21. Example: Forms for SOP Renewal
Permit Renewal Issued 11/25/2014
No changes at site, no OP-UA forms submitted
Is this acceptable?
Maybe: MACT ZZZZ updated 02/27/2014, OP- UA2 updated 12/2018, and flowchart updated 02/20/2018

22. Attachments Applicable Requirements Additional Monitoring
Permit Shield
NSR Authorizations
Appendix B

23. Additional Monitoring: OP-MON Forms
Evaluate for initial, renewal, and revision applications
Rule-by-rule, pollutant-by-pollutant
APDG 5241: Periodic Monitoring
APDG 5824: Compliance Assurance Monitoring
CAM and PM are evaluated on a rule-by-rule and pollutant-by-pollutant basis
Air Permit Review Reference Guide, APDG 5241, Periodic Monitoring:
Air Permit Reviewer Reference Guide, APDG 5824, Compliance Assurance Monitoring:
OP-MON forms for Title V permit applications:

24. Periodic Monitoring Does the rule contain sufficient monitoring?
Does the rule have sufficient monitoring frequency?
If ‘NO’ to either of the above, then Periodic Monitoring is required
30 TAC Chapter 115, Subchapter B, Division 2: Vent Gas Control
Does the rule contain sufficient monitoring?
§ (1)(A)(i) requires monitoring of exhaust gas temperature immediately downstream of a direct-flame incinerator
Does the rule contain sufficient monitoring frequency?
§ (1)(A) requires continuous monitoring and recording
If periodic monitoring is not included in an application, but required, the permit reviewer will inform the applicant.
Periodic monitoring exemptions are outlined in 30 TAC § (b)
A more detailed example, requiring periodic monitoring, for 30 TAC Chapter 111 is presented on the next slide.

25. Example: Periodic Monitoring
(a)(1)(F) does not specify monitoring frequency
(a)(1)(F) specifies monitoring options
Compliance with subparagraphs (A)-(C) of this paragraph shall be determined by applying the following test methods, as appropriate. The highest reading obtained shall determine compliance with the appropriate visible emission limit:
CEMS as described in subparagraph (D) of this paragraph;
Test Method 9 (40 CFR 60, Appendix A);
Alternate Method 1 to Method 9, Light Detection and Ranging (40 CFR 60, Appendix A); or
equivalent test method approved by the executive director of the Texas Air Control Board (TACB) and United States Environmental Protection Agency (EPA).
Example of required periodic monitoring for a vent without a CEMS subject to 30 TAC Chapter (a)(1)(C)
30 TAC Chapter 111 contains requirements for the control of for visible emissions and particulate matter
30 TAC §111(a)(1)(F) provides monitoring and test methods to determine compliance
30 TAC §111(a)(1)(F)(i) would provide sufficient monitoring if a CEMS is being used
30 TAC §111(a)(1)(F)(ii) – (iii) does not provide a monitoring frequency for the given test method options
Periodic monitoring is required.
PM is required!

26. Compliance Assurance Monitoring
Does the unit have an emission limitation?
Does the unit have a control device?
Is the unit a major source PRE control?
If ‘YES’ to ALL of the above, then CAM is required**
** Certain exemptions to CAM requirements exist
Emission Limitation: lb/MMBtu, ppmv, gr/drscf, etc.
Control Device: SCR, scrubber, combustion device, baghouse, etc.
Major pre-control: greater than or equal to 100 TPY of a pollutant PRE-CONTROL
** There are exemptions to CAM (federal regulations proposed after November 15, 1990, regulations that specify a continuous compliance determination method, etc. as stated in 40 CFR §64.2(b)) even if an emission unit meets all three criteria.

27. Example: Compliance Assurance Monitoring
Turbine = lb NOx/MMBtu
Pre-control = 150 tpy NOx
Control device = SCR
CAM is required
Unit is a gas-fired turbine that limits NOx emissions by using selective catalytic reduction (SCR)
In this case, the emission limitation is for 30 TAC Chapter 117
A CAM exemption does not exist for 30 TAC Chapter 117
Unit requires CAM

28. Example: Monitoring Options
APDG 5824: Compliance Assurance Monitoring
NOx CEMS: CAM-NO-002
NOx lb/MMBtu
SCR: CAM-SC-003 and CAM-SC-004
Inlet gas temperature and injection nozzle flow rate
Pre-approved monitoring options may be used for CAM and PM requirements
Review CAM and PM detailed guidance for more information
Applicant must provide a deviation limit for the options selected
Deviation limit may be in the emission limitation values
Deviation limit may also be specific process parameters
Some pre-approved options may require 2-parameter monitoring (gas temperature and nozzle flow rate in the example)
Case-by-case CAM or PM may be submitted providing justification or supporting documentation for the request.
NOx = nitrogen oxides
CEMS = continuous emissions monitoring system

29. Attachments Applicable Requirements Additional Monitoring
Permit Shield
NSR Authorizations
Appendix B

30. Permit Shields Permit shields document negative applicability
Requested on OP-REQ1
Documented on OP-REQ2
Only for potentially applicable regulations
Regulatory basis where an emission unit is not subject to a regulation
Permit shields are considered for initial, renewal, and significant revision applications
Documented in a minor revision, but not granted
TCEQ permit shield guidance can be found at the following link:
During a significant revision, permit shields are only granted for units being revised.
Permit shields may be removed during minor revisions, but are not granted in a minor revision.
The lack of a permit shield request does not alleviate the requirement of the applicant to submit potentially applicable requirements that do not apply (OP-REQ2). Negative applicability determinations are required; however, a permit shield must be requested.

31. Example: OP-REQ2 Form
§63.400(a): New and existing cooling towers (CT) operated with chromium-based water treatment chemicals
OP-REQ2: CT is not operating with chromium based water treatment chemicals.
The facility is a chemical plant that is a major source of NOx, CO, VOC, and HAPs.
The applicant has indicated on page 80 of the OP-REQ1 form that a permit shield is being requested.
The site is existing and has an industrial cooling tower.
40 CFR §63.400(a) The provisions of this subpart apply to all new and existing industrial process cooling towers that are operated with chromium-based water treatment chemicals and are either major sources or are integral parts of facilities that are major sources as defined in §
MACT Q potentially applies since the cooling tower is an existing unit at a site that is a major source of HAPs. However, chromium-based water treatment chemicals are not used, so the applicant has provided a negative applicability determination on form OP-REQ2. The OP-REQ2 submittal and the OP-REQ1 provide the basis for the permit shield attachment in the permit document.

32. Attachments Applicable Requirements Additional Monitoring
Permit Shield
NSR Authorizations
Appendix B

33. NSR Authorization References
Major NSR Authorizations
Minor NSR Authorizations
Permits by Rule
NSR authorizations must be effective for Title V issuance.
Major NSR Authorizations
PSD, non-attainment, and GHG Permits
Minor NSR Authorizations
Case-by-case and Standard Permits
Permits by Rule (and historic standard exemptions)
All Title V applications must have an NSR authorization to be issued. NSR authorization references are revised as needed, but are always required as an attachment.

34. NSR Authorization References by Emission Unit
OP-SUM and OP-SUMR forms
Each unit must have authorization
Minor NSR permit
Major NSR permit
Standard permit
Permit-by-rule
Units may have more than one NSR authorization reference:
Minor NSR permit & PBR § & PBR §

35. Attachments Applicable Requirements Additional Monitoring
Permit Shield
NSR Authorizations
Appendix B

36. Appendix B: Major NSR Summary Table
Incorporated by Reference (IBR)
TCEQ formats table based on NSR MAERT
Applicant identifies MRRT requirements from NSR special terms and conditions
TCEQ reviews requirements and appends to SOP
Incorporated by Reference (IBR)
TCEQ formats table based on NSR MAERT
Applicant provides associated requirements from special terms and conditions (STC)
- Monitoring and Testing
- Recordkeeping
- Reporting
TCEQ reviews requirements and appends to SOP
MAERT = maximum allowable emissions rate table
MRRT = monitoring, recordkeeping, reporting, and testing

37. Appendix B: Major NSR Summary Table
NSR MAERT
NSR STCs

38. Working Draft Permit TCEQ Permit Reviewer Applicant Send deficiencies
Review Responses
Prepare WDP
Prepare PA/PNAP
Address deficiencies
Provide appropriate forms
Review WDP
Certify updates prior to PA/PNAP
TCEQ:
- Send deficiency list
- Review responses
- Prepare working draft permit
Prepare PA/PNAP
PA = public announcement for minor revision applications
PNAP = public-notice-authorization package for initial, renewal, and significant revision applications
Applicant:
Addresses deficiencies
Provides appropriate forms
Reviews the working draft permit
Certifies updates represented in the WDP prior to public announcement or notice
Publishes notice
Posts signs

39. Public Notice Public notice Public announcement
Initial, Renewal, Significant Revision
Applicant publishes notice
30-day public comment period
45-day EPA review starts after notification of publication
Minor Revisions
TCEQ posts online
30-day public comment period
45-day EPA review starts with public comment period

40. EPA Review Concurrent with public notice or public announcement
Stops if comments are received
Begins again after comments are addressed
EPA review is started once TCEQ is notified that the public notice has been published.
EPA review generally begins between 5 days and 2 weeks after the notice is published

41. Final State Action TCEQ issues permit 60-day public petition period
EPA may receive valid petition
TCEQ resolves granted objections
Permit, permit record, or both may be modified
Permit Record = permit application file, statement of basis, other supporting information

42. Company, Site, Area, Location Permit Number, Effective Date
Final State Action
Company, Site, Area, Location
Permit Number, Effective Date

43. Title V Permit Overview
Who needs a Title V permit?
What is the Title V permitting process?
Where do I access Title V permit documents?

44. Accessing Air Permit Documents
TCEQ campus: Hard copies, films, etc.
Central File Room
Online – Title V or NSR by RN, permit #, name
Central Registry
Central Registry Regulated Entity Search Link:
Central Registry Name/Customer Search Link:
Central Registry Permit Number Search Link:
Central File Room Online Link:
Online – Detailed documents, project files, final actions
CFR Online

45. Central File Room Online
Central Registry
Central File Room Online
Information needed:
Company, Site, etc. name
Permit or registration numbers
Program type: NSR, Title V, etc.

46. TCEQ Records Online
services/welcome-to-tceq-records-online
CFR Online:
Detailed online search function.
Project files, correspondence.
Final actions
NSR, Title V, etc.
Detailed Guidance

47. Site Operating Permits (SOPs)
Brandon Marsh, P.E.
General
(512) 239 – 1250