TCEQ Air Quality 101 Blog Series – News on NSR Permitting from the TCEQ Autumn Conference

I recently attended the Texas Commission on Environmental Quality (TCEQ) Autumn Environmental Conference and Expo (Conference) and attended the Air Permits Division (APD) presentations.  During the event, the APD proudly announced they are focusing on streamlining the air permitting process by providing more efficient tools for applicants known collectively as Direct Assistance Guidance (DAG).  One such tool unveiled at the Conference that generated much discussion was the New Source Review Application Workbook (NAW).

In preparing the NAW, TCEQ staff identified and compiled the various (and sometimes complex) steps of the New Source Review (NSR) permitting process and into a tool to with the intent of expediting the NSR permitting process for both the APD and permit applicants.  The new NAW has combined the General Application Form and Instructions PI-1 (TCEQ Form-10252), Emission Point Summary – Table 1(a) (TCEQ Form – 10153), and Certification of Estimated Capital Cost and Permit Application Fee – Table 30 (TCEQ Form-10196) into a single Excel workbook.   Applicants use of the NAW tool will improve the permit application process experience for the APD and permit applicants by providing a consistent format for submittal with less data entry.  The use of the NAW will focus applicant and reviewer on the necessary documentation, which will result in quicker APD review, and fewer deficiencies to slow the process.  This use of the workbook is anticipated to shorten the review significantly so the TCEQ can move towards more e-permitting for NSR applications and increased utilization of the Senate Bill 1045 (85th Texas Legislature, 2017) Public Notice (PN) consolidation.  This bill expedites the permitting process by allowing the first and second PNs to be combined into a single PN for NSR applications.  This would enable a NSR application to be deemed administratively and technically complete and would allow the Executive Director (ED) to generate a draft permit within 15 days of receipt of an application.

The NAW also includes provisions to guide applicants through the TCEQ Three-Tier Best Available Control Technology (BACT) analysis using frequently permitted units.   Additionally, the NAW includes steps to guide the applicants toward the applicable monitoring requirements and regulations that will apply to their site.  The NAW also consolidates permits by rule (PBR) and standard permits into a single document that will last for the life of the permit.  The APD intends to maintain the NAW and update it, as needed for each amendment.

The NAW was made available October 1^st, 2018 on TCEQ’s website, but is not officially required to be used in a permit application until June 1^st, 2019.  In the interim, we can assist clients in switching to the new workbook or starting in the new workbook from scratch.  Please contact us if you have any questions.