Acceptance of a permit constitutes an acknowledgement and
agreement that the holder will comply with all rules, regulations,
and orders of the commission issued in conformity with the Texas
Clean Air Act and the conditions and provisions precedent to the
granting of the permit. It is important that the holder of the
permit read and understand these conditions and provisions.
Title 30 Texas Administrative Code (30 TAC) Section 116.116(a)
(Permit Amendments) states in part, "All representations with
regard to construction plans and operation procedures in an
application for a permit, ... as well as any general and special
provisions attached to the permit itself, become conditions upon
which the subsequent permit ... are issued. It shall be unlawful
for any person to vary from such representation or permit provision
if the change will cause a change in the method of control of
emissions, the character of the emissions, or will result in an
increase in the discharge of the various emissions, unless
application is made to the executive director to amend the permit
... in that regard and such amendment is approved by the executive
director or commission."
What this means, quite simply, is that a permitted facility
should be constructed and operated as represented in the
application regarding emissions and controls, unless authorized
otherwise in writing by the Texas Commission on Environmental
Quality (TCEQ) executive director. The TCEQ understands that
sometimes it is necessary to change plans and specifications as
construction progresses, and it is not the TCEQ's policy to inhibit
such changes unnecessarily; however, it is important that the
application file be maintained to reflect the way that the actual
facility is constructed and operated. Small changes can often be
handled as permit alterations [see § 116.116(b)], but changes
affecting emissions and controls, as previously mentioned [§
116.116(a)], should be handled as amendments.
In addition, permit holders shall certify that all permitted
facilities have been constructed and are being operated as
represented in the application (see Rule § 116.110[b]).
Summary
- The holder of the permit should read and understand all permit
conditions. If the holder of the permit has any questions in this
regard, he should address them to the permit engineer.
- The holder of the permit shall provide the certifications as
required by Rule § 116.110(b).
- Any changes from the plans, specifications, and other
representations made in the application or subsequent information
furnished in support of the application, which affect emissions or
controls, must be approved by the TCEQ executive director before
the changes are implemented. Requests must be submitted in writing,
and approval for changes must be received in writing before they
are valid.
REMEMBER -- VERBAL REQUESTS AND AUTHORIZATIONS, OR AGREEMENTS
REACHED VIA TELEPHONE CONVERSATIONS OR IN MEETINGS, ARE NOT VALID
UNLESS FOLLOWED UP WITH WRITTEN REQUESTS AND WRITTEN
AUTHORIZATIONS!
Additional Permits That You May Need in the Future
- Permit
Alterations
Any change from a representation in a permit
application or a general or special condition of a permit that does
not involve an increase in emission rates.
- Permit
Amendments
Modifications to existing permitted facilities may
be handled through the amendment of an existing permit or an
existing flexible permit.
- Permit
Renewals
How to renew a permit after the TCEQ has provided
written notice to the holder of a permit that the permit is
scheduled for review.
Questions? We Can Help
If you have questions about this or any other Permitting
options, contact
us.
