Texas New Source Review regulations & environmental compliance analysis

Texas New Source Review : What you need to know

Governing Law and Regulations

Permit-by-rule (PBR): 30 Texas Administrative Code (TAC) 106

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Construction permits: 30 TAC 116.10 to 116.1540

Nonattainment New Source Review (NSR): 30 TAC 116.12, 30 TAC 116.150, 30 TAC 116.151, and 30 TAC 116.180 to 116.198

Nonattainment areas: 40 CFR 81.344

Ozone nonattainment areas: 30 TAC 116.12 and 30 TAC 116.150

Other nonattainment areas: 30 TAC 116.12 and 30 TAC 116.151

Fees: 30 TAC 116.141

Prevention of Significant Deterioration (PSD): 30 TAC 116.12, 30 TAC 116.160 to 116.169, 30 TAC 116.180 to 116.198, 40 CFR 52.21, and 40 CFR 52.2303

Class I areas: 40 CFR 81.429

Fees: 30 TAC 116.163

Plantwide applicability limits (PALs): 30 TAC 116.180 to 116.198

Regulatory Agencies

Texas Commission on Environmental Quality (TCEQ)

Local Air Pollution Control Agencies

U.S. Environmental Protection Agency (EPA) Region 6

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Before the construction of a new facility or the modification of an existing facility that emits air contaminants into the atmosphere in excess of the de minimis thresholds, the facility must either satisfy the conditions for a permit-by-rule, obtain a new source review (NSR) permit, satisfy the conditions for a standard permit, or obtain a flexible permit. Major sources are required to comply with the provisions of nonattainment NSR review and/or prevention of significant deterioration (PSD) depending on the attainment status of the area where the source is located and the type and quantity of pollutants emitted.

Texas's nonattainment NSR and PSD permitting programs generally follow the federal provisions. Texas administers state implementation plan (SIP)-approved programs. Therefore, ...

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