Changes to Texas Federal Operating Permits Program Proposed

Texas Commission on Environmental Quality Proposes Changes to Federal Operating Permits Program

On September 9, 2016 the Texas Commission on Environmental Quality proposed changes amendments to the Texas Federal Operating Permit Program found in Title 30 Chapter 122. The purpose of the amendments is to align the state’s regulations with federal regulations.

The purpose of the Texas’s federal operating permit is to improve compliance with air pollution laws and regulations by recording in one document all the air pollution control requirements that apply to a source. This proposed rulemaking will affect the Clean Air Interstate Rule (CAIR) which will now be replaced by the Cross-State Air Pollution Rule (CSAPR) as well as the permitting of greenhouse gases (GHGs) under Prevention of Significant Deterioration (PSD) and the FOP (Federal Operating Permit) program.


In this change, TCEQ will be adding CSAPR to the definition of “Applicable requirement” for operating permits. The GHG revisions are being proposed to remain consistent with the June 2014 Supreme Court decisions stating that a Title V (FOP in this instance) permit cannot be based on emissions of GHGs alone.

Written comments may be submitted to Ms. Kris Hogan at MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 787111 or faxed to (512)239-4808. Electronic comments may be submitted at

The comment period closes on October 10, 2016. If this proposal is approved, then the rule changes will be submitted to EPA for federal approval.

Sources :

Texas Commission on Environmental Quality Proposes Changes to Federal Operating Permits Program, 41 TexReg 6935 (2016).


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