1. Air Permitting Overview.
Texas Commission on Environmental Quality
Small Business & Local Government Assistance
This overview of general air permitting information is presented by Kathryn Bazan. Kathryn is with the Small Business and Local Government Assistance Section in the Dallas-Fort Worth Regional Office.

2. Small Business & Local Government Assistance.
Programs Offer
Free and confidential technical assistance
Multi-media compliance tools
I will start by discussing how Small Business & Local Government Assistance fits into the agency. 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.

3. Air Permitting Overview.
30 TAC § (a).
TCEQ Permitting Process.
The Pyramid
Additional permitting concerns.
Overview of what we’re going to talk about today.
30 TAC (a)
TCEQ Permitting Process
The Pyramid!
De Minimis though Standard Permits in detail
Brief introduction to “Advanced” Topics
Tips for successful applications
Additional permitting concerns including federal regulations you must follow.
I hope you’ll leave with a basic understanding of how TCEQ does Air Permitting – this is where we’ll spend the majority of our time.
I’ll also give you tips for successful applications.

4. 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.
Overview of what we’re going to talk about today.
Types of New Source Review Authorizations.
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.
30 Texas Administrative Code § (a) Permit to construct. 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 either…..[be de minimis, PBR, SP, or individual permit]
The levels on the pyramid represent the different options for authorization under §
Facility = A discrete or identifiable structure, device, item, equipment, or enclosure that constitutes or contains a stationary source, including appurtenances other than emission control equipment. A mine, quarry, well test, or road is not a facility. (§116.10)

5. 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).
1/1 – Information to get started
Air contaminants can include things like criteria pollutants, their precursors, hazardous air pollutants, etc.
Criteria pollutants are CO, Pb, NO2, Ozone, PM and SOx. (Pollutants with National Ambient Air Quality Standards (NAAQS) set by EPA.)
Certain rules apply to different categories of contaminants. i.e. NESHAP apply to HAP.
(VOC + NOx) in sunlight make ground level Ozone (a concern in Texas).

6. Quantify Emissions Actual vs. Potential. Major vs. Minor.
PTE > 100 tpy of any pollutant.
PTE > 10 tpy single HAP; > 25 tpy combination of HAPs.
(2/6)
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.

7. 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.
(1/4)
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.
We start with the lowest emissions (highest level on pyramid).

8. De Minimis. Negligible sources. Must meet all conditions exactly
No paperwork submitted, keep records.
(2/4) De minimis is at the top of the pyramid and represents the least amount of emissions.
30 TAC § (a)(5).
Negligible sources.
Industry or activity specific.
Must meet all conditions exactly.

9. De Minimis. Industry or activity specific 30 TAC §116.119 limits.
De Minimis list.
No violations
(3/4) -- Claiming de minimis status does not require you to submit paperwork to the agency, however you must document.
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.
Before claiming de minimis status as your authorization, it is important to note this portion of the rule: § (b) 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).

10. De Minimis. Paint shop that uses:.
Less than 100 gallons of coating &
Less than 50 gallons of solvent.
Paint shop uses 250 gallons/year (by hand).
(4/4) - Examples
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.

11. 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.
(1/11)
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) represents higher emissions than de minimis.

12. Permits by Rule (PBRs). 30 TAC Chapter 106
Most are industry or activity specific.
Must meet all conditions exactly
(2/11)
A Permit By Rule (PBR) is one mechanism used to authorize air emissions from facilities. 30 TAC § (a)(4)
Covers insignificant sources only.
PBR’s are found in 30 TAC Chapter 106.
Surface Coat Facilities are § ; Welding, soldering and brazing is § ; you’ll hear TCEQ refer to them as the numbers – PBR 433.
PBRs cover a multitude of industry types:
paint booths, dry cleaning equipment, sand blasting equipment, silos, engines, degreasers, etc
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.
PBR’s have non-negotiable conditions; you either meet them or you do not. Review the PBR carefully to be sure you meet all the requirements.

13. PBRs. Registration vs. “one liners”. No renewal requirements.*
$450/$100 vs. free.
No renewal requirements.*
Distance requirements & site approval.
(3/11)
Read the conditions of the PBR to determine if you qualify.
Some of the PBRs require registration. Registration is only required when specifically stated in the rule. If no registration is required, you simply document how you meet each condition of the rule and keep that information available to demonstrate compliance. Only PBRs that require registration require a fee ($450 or $100 for small businesses). You can print out the PBRs that do not require registration and keep them in your records.
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.

14. PBR Requirements. 30 TAC §106.4 & §106.8. “25/250” limits.
Meet PBR version in effect at time of construction or installation.
(4/11)
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: Used to be called “25/250 rule” but now includes limits of 10 and 15 tons per year (tpy).
10 tpy of particulate matter with diameters of 2.5 microns or less;
15 tpy of PM10;
25 tpy of volatile organic compounds (VOC) or sulfur dioxide (SO2 ) or inhalable particulate matter (PM10 ); or
25 tpy of any other air contaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and oxygen. (exempt solvents are “other”)
250 tons per year (tpy) of carbon monoxide (CO) or nitrogen oxides (NOx );
If you modify, you may need to claim the current PBR.

15. PBR Requirements.
Meet all other federal, state, and local requirements.
Check for permit condition limits at site.
(5/11)
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.

16. PBR Related Forms. PI-7 or PI-7-CERT.
§106.4 & PBR Registration Checklists.
Additional Information.
Core Data Form.
(6/11) If registration is required, complete a Form PI-7 or PI-7-CERT and submit Additional Information.
PI-7 or PI-7-CERT – (company and facility information, which rules you are claiming, distance is to the nearest off-site receptor or property line)
You can submit your registration form by mail or fax or maybe online through STEERS (epermitting).
The PI-7 does not require a signature. PI-7-CERT must be followed by a hard copy version to put an original signature in the file.
Some PBRs require notification to the regional office (264 Replacement, 496 ACI, and 533 Remediation).
Additional Information (examples):
distance information - include the distance from the facility’s emission release point to the nearest property line and off-property structure,
a process flow diagram or process description - include a step-by-step description of what you do with each material that comes into your business and how the final product moves out the door,
emissions data and calculations - include emission rates for each air contaminant and supporting calculations,
equipment specifications - filter efficiencies, spray gun specifications and literature, gun washer specifications, and booth specifications
usage rates of coatings (gallons per hour),
operation schedules - hours of operation,
Material Safety Data Sheets (MSDS) - identify chemicals specifically and supply MSDS sheets or equivalent supporting documents for all mixtures which contain potential air contaminants.

17. STEERS E-Permitting. PBR registration now available online
Log-in or create a new account
Select the desired authorization
Upload supporting documentation
(7/11)
You can now use STEERS e-Permitting to notify and register for air permits with the TCEQ. Permits by rule (PBR), some standard permits, NSPS OOOO notifications, and historical notifications, including Barnett Shale, are now available.
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.
We strongly encourage you to use STEERS for notification, registration, and certification, as it streamlines the process for both you and TCEQ staff. The TCEQ’s Air Permits Division esti­mates that using STEERS will shorten the permitting process by up to a week.
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.
For assistance creating a STEERS e-Permitting account, call the STEERS help desk at , or for questions regarding your permit application, call the confidential technical assis­tance hotline at

18. Application Tips. Cover Letter Process description.
Facility or site diagram.
How facility meets rule requirements.
(8/11) During the Technical Review we look for many things …
PBRs are fast – about 45 days; often less, occasionally more.
Tips for a Speedy Administrative Review is a fact sheet to assist in submitting your application:
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?

19. Application Tips Characterize & quantify emissions.
Identify associated permits.
Maintenance, startup, and shutdown.
(9/11)
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.

20. PBRs §106.433 – Surface Coat Facilities
§ – Dry Abrasive Cleaning
§ Soldering, Brazing, Welding
(10/11) 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 site-wide 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.

21. General PBRs.
30 TAC § and §
Facilities that do not have a PBR specific to them.
Registration required.
(11/11)
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.

22. 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.
(1/6)
Standard Permits
We covered the lowest emissions (highest level on pyramid).
We’ve covered the next level (PBR).
Now we are down to Standard Permits.
What if I can’t meet de minimis, or a PBR? – Look at Standard Permits.

23. Standard Permits. Industry or activity specific. Renew every 10 years.
$900 fee when registered.
(2/6)
§ (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.
If there is not a PBR for your facility – check to see if there is a standard permit.
Standard Permits must be renewed every 10 years, and there is a $900 fee required at time of registration.
Some have public notice, which will add to both cost and processing time.

24. Current Standard Permits.
Concrete Batch Plants.
Rock Crushers.
Oil and Gas Facilities.
Temporary Hot Mix Asphalt Plants.
Boilers
(3/6)
Air Quality Pollution Control Projects
Anhydrous Ammonia Storage and Distribution Operations
Animal Carcass Incinerators (public notice)
Boilers
Concrete Batch Plants with Enhanced Controls (public notice); Concrete Batch Plants (public notice)
Cotton Gin Facilities and Cotton Burr Tub Grinders
Dry Bulk Fertilizer Handling Operations
Electric Generating Units
Feedmills, Portable Augers, and Hay Grinders; Grain Elevator/Grain Handling Operations and Portable Grain Augers
Municipal Solid Waste Landfills
Oil and Gas Handling and Production
Peanut-Handling Operations
Permanent Hot Mix Asphalt Plants; Permanent Rock and Concrete Crushers (public notice)
Sawmills
Temporary Hot Mix Asphalt Plants; Temporary Rock and Concrete Crushers; Temporary and Permanent Polyphosphate Blenders

25. SP Related Forms. PI-1S. Checklists and spreadsheets. Submit by mail.
Signature required.
Checklists and spreadsheets.
(4/6)
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.

26. Application Tips Clear process description. Facility / site diagram.
How facility meets Standard Permit requirements.
(5/6)
What is the company doing? Is this a new facility? Are they making a change to an existing facility? If existing how is the original facility authorized?
Has the company met all the conditions of the claimed Standard Permit?
Does it meet the general requirements?
Are the any additional federal rules that apply? Are there any other state or local rules that apply?
Tips for a speedy technical review … (very similar to the PBR tips)
Give us a clear cover letter, tell us what you do at the site – what do you produce and what is your process. A process description is very beneficial. Identify any associated existing permits.
A site map (plot plan) or diagram really helps us get a visual of your operation. It doesn’t have to be computer generated or 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 standard permit you are claiming.

27. Application Tips Characterize and quantify emissions.
Identify associated permits.
Maintenance, startup, and shutdown.
(6/6)
Be sure to characterize your emissions and give us calculations showing how you arrived at the short-term and annual values.
Aka How much VOC do you emit? How much NOx?
Consider all upstream and downstream effects. And please tell us whether there are any maintenance, startup, and shutdown (MSS) emissions.

28. 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.
(1/5)
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.

29. Minor NSR Permits. Issued before construction.
a.k.a. State Permits, Individual Permits, Case-by-Case Permits, NSR Permits.
(2/5) – 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

30. Minor NSR Permits. Case-by-case review.
Emissions, BACT, impacts evaluations.
Public Participation. .
(3/5)
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.

31. Major Source Permits. Prevention of Significant Deterioration.
Nonattainment New Source Review.
(5/5) – Advanced topic, just mentioning.
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 or any regulated pollutant. However, if the source is one of 28 industrial categories, the threshold is 100 tons per year of any regulated pollutant.

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.
(1/1) – Summary
So, in summary, research the rules in the order that they are presented in the pyramid.

33. 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.
1/4 – Reminder of what a Major source is.
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.

34. Synthetic Minor. PTE above major source levels.
Actual emissions are below.
Certify emissions.
PI-7-CERT or
APD-CERT.
(2/4)
We’ve discussed the lower threshold for sources in nonattainment areas.
We’ve discussed NESHAP for major and minor sources.
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.
Caution!
Do NOT exceed a emission limit you’ve certified to!
Just because you certify now, does not mean you can get out of a NESHAP! (Once in, Always in.) Call to discuss your options. (APD or SBLGA)
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.

35. Federal Operating Permit.
Title V of the Clean Air Act.
In addition to your New Source Review authorization.
Issued through TCEQ.
(3/4)
Title V of the Clean Air Act.
In addition to your New Source Review authorization.
Issued through TCEQ.
If you are a major source, you will be required to get a Federal Operating Permit from TCEQ. These differ and are in addition to your preconstruction authorization under the NSR program (the authorizations on the Pyramid).
Title Five.

36. 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
(4/4)
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.

37. Additional Considerations.
Nonattainment areas.
National Emission Standards for Hazardous Air Pollutants.
New Source Performance Standards.
(1/7) – 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.

38. Additional Considerations.
Graphic depiction of a pyramid including Nonattainment areas, NESHAP and NSPS.
Nonattainment Areas
NESHAP
NSPS
(2/7) – The pyramid scheme doesn’t quite apply here, but we’re sticking with it.

39. Nonattainment Areas. EPA standards - criteria pollutants.
Areas in TX do not meet the NAAQS for Ozone.
DFW (Serious) & HGB (Severe).
(3/8)
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.

40. Nonattainment Areas. Major vs. Minor & Potential to Emit.
Control of NOx (117)
Control of VOC (115)
(4/7)
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.
(Our paint shop example – a site in DFW or HGB may not be able to use the same coating as they would in another area in Texas, because Chapter 115 requires lower VOC coatings in the nonattainment areas.)

41. NESHAP/MACT. National Emission Standards for Hazardous Air Pollutants.
Federal Standards – nationwide.
Hazardous Air Pollutants.
(5/7)
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)

42. NESHAP/MACT. Title 40 CFR Part 63 & 61.
Major and Minor (Area) Sources.
10/25.
Comply, even if TCEQ does not have delegation.
(6/7)
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.)

43. NSPS. New Source Performance Standard. Title 40 CFR Part 60.
New, modified and reconstructed sources.
(7/7)
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

44. 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)
(1/2)
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.

45. Expedited Permitting.
Pre-application meeting recommended but not required
Draft application can be submitted for review prior to formal submission
Application submittal and review
(2/2)
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.”

46. 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.

47. Help? Stay up-to-date via email! www.tceq.texas.gov.
Click “sign up for updates”

48. Questions? Kathryn Bazan. DM PBR Standard Permit Minor NSR Permit
Small Business & Local Government Assistance. DM
PBR
Standard Permit
Minor NSR Permit
NA & PSD