Air Permits
Topic Index
- New Source Review (NSR)
- EPA Region 6 Prevention of Significant Deterioration (PSD) Permitting Process for Greenhouse Gases
- PSD Greenhouse Gas (GHG) Permitting Process for facilities located in Texas
- Permitting in Indian Country
- Tribal Minor New Source Review (NSR) Permitting
- Tribal Minor NSR Permit Application Forms
- NSR Permits located in Indian Country
- PSD Permits located in Indian Country
- Part 70 Air Operating Permit
- Part 71 Air Operating Permit
- Deep Water Ports
- Operating Permits (Title V)
- EPA Objection Letters on Title V Federal Operating Permits Proposed by the Texas Commission on Environmental Quality
- Hazardous Air Pollutants (Section 112)
EPA Region 6 has very limited storage space for hardcopies of permitting related documents in our office. Therefore, we request that permit applicants submitting copies of permit applications, permit addenda, and permit related air quality modeling data to EPA do so in a searchable Portable Document Format or Microsoft Word on a compact disk (CD) by regular mail to the EPA Contact address listed at the end of this page and also send copies, properly identified, of those same files via email . If the permit applicant is responsible for publishing public notices in the State where they are requesting a permit, we request that the applicant transmit copies of those public notices via email ( R6AirPermits@epa.gov )
You will need Adobe Reader to view some of the files on this page. See EPA's PDF page to learn more.
There are three Federal programs mandated by the Clean Air Act and the 1990 Clean Air Act Amendments impact Air Permits for facilities that are defined as stationary sources. The regulations for these programs can be found in the 40 Code of Federal Regulations (CFR): New Source Review (40 CFR part 51), Operating Permits (40 CFR part 70), and Air Toxics (40 CFR part 63).
NEW SOURCE REVIEW
New Source Review (NSR) provides a State permit for air emission units prior to construction or modification. This program is the oldest of the three and is based on the provisions of the Clean Air Act to protect air quality using the National Ambient Air Quality Standards (NAAQS). All sources, both major and minor, are subject to NSR unless the emissions are below the regulatory threshold as specified by the State permitting authority. The regulatory thresholds are specified for six criteria pollutants defined in the Act. These pollutants are: Nitrogen Oxide compounds (NOx), Sulphur Dioxide (SO2), Carbon Monoxide (CO), Volatile Organic compounds (VOC), Particulate Material (PM-10/PM-2.5), and Lead (Pb). As the NSR program is implemented under State/Local regulations, please refer to the State contact for specific questions.
Economic Development Zone (EDZ) - Section 173(a)(1)(B) of the Clean Air Act allows the Administrator to identify, in consultation with the Secretary of Housing and Urban Development, zones within non-attainment areas that should be targeted for economic development. EPA approved a request from Arkansas to identify Crittenden County, Arkansas as an EDZ on February 14, 2006. Below is a copy of the approval letter and supporting documents for Crittenden County's EDZ identification:
ADEQ Ozone Modeling for the Crittenden County Economic Development Zone [766kb pdf]
Identification of Crittenden County, Arkansas, as a Zone of Economic Development - Technical Support Document [25kb pdf]
Letter from the EPA Administrator [605kb pdf]
STATE CONTACT:
AR - Thomas Rheaume (501) 682-0762 or e-mail address: rheaume@adeq.state.ar.us
TX - Johnny Vermillion (512)239-1292 or e-mail address:
jvermill@tceq.state.tx.us
LA - Bryan Johnston (225) 219-3100) or e-mail address: Bryan.Johnston@la.gov
OK - Phillip Fielder (405) 702-4180 or email address: Phillip.Fielder@deq.ok.us
NM - Ned Jerabek (505) 476-4335 or email address: Ned.Jerabek@state.nm.us
Alb - Israel Tavarez (505) 768-1965 or email address: ITravarez@cabq.gov
EPA Region 6 Prevention of Significant Deterioration (PSD) Permitting Process for Greenhouse Gases (GHG)
EPA Region 6 is the agency responsible for issuing PSD permits for major sources of Greenhouse Gases (GHGs) under Federal Implementation Plans (FIPs) in the state of Texas. The State of Texas still retains approval of their plans and PSD programs for pollutants that were subject to regulation before January 2, 2011, i.e., regulated NSR pollutants other than GHGs. In some cases, EPA will be issuing a permit for just GHG emissions while the state’s PSD programs will issue a permit for non-GHG emissions. For projects that trigger the need for a PSD permit solely because of GHGs, EPA will be responsible for permitting the increases of non-GHG pollutants if they are “significant” as defined at 40 CFR 52.21(b)(23).
An April 2011 Question and Answer document describes some of the permitting scenarios for sources with “dual PSD permitting authorities”: http://www.epa.gov/nsr/ghgdocs/ghgissuedualpermitting.pdf
The Region 6 states of Louisiana, Oklahoma, Arkansas, New Mexico, and the City of Albuquerque are not under a FIP, and facilities in those states should contact the following regulatory Agencies for information about PSD permitting for major sources of GHGs.
Louisiana Department of Environmental Quality: http://www.deq.louisiana.gov/portal/tabid/64/Default.aspx
Oklahoma Department of Environmental Quality: http://www.deq.state.ok.us/AQDnew/permitting/index.htm
New Mexico Environment Department: http://www.nmenv.state.nm.us/aqb/permit/index.html
City of Albuquerque Environmental Health Department Air Quality Division: http://www.cabq.gov/airquality/index.html#Industry
PSD Greenhouse Gas Permitting Process for facilities located in Texas
PERMITTING IN INDIAN COUNTRY
R6 is the permitting authority for the NSR permits that includes minor NSR, non-attainment NSR and the Previention of Significant Deteroriation ( PSD) as well as the Operating Permits program ( Part 71) for 65 tribes.
What is Indian Country?
American Indian Environmental Tribal Portal
EPA National Tribal NSR Program
Region 6 Tribes
EPA Contact:
Bonnie Braganza P.E.
US EPA Region 6
Air Permits Section
Multimedia Permitting & Planning Division
Email: braganza.bonnie@epa.gov
Phone:214 -665-7340
Fax: 214-665-6762
Tribal Minor New Source Review Permitting
Introduction
On July 1, 2011, the EPA promulgated a final Federal Implementation Plan (FIP) that implements New Source Review (NSR) preconstruction air pollution control requirements in areas in Indian country. The FIP, which is titled "Review of New Sources and Modifications in Indian Country" includes two NSR rules for the protection of air quality in Indian country. One of those rules, known as the Minor NSR Rule, applies to new industrial facilities or modifications at existing industrial facilities with the potential to emit equal to or more than the minor NSR thresholds but less than the major NSR thresholds, generally 100 to 250 tons per year (tpy). The FIP gives EPA Region 6 the authority to review applications for and issue minor NSR permits to stationary sources on Indian country in the Region (Arkansas, Louisiana, New Mexico, Oklahoma, and Texas). The FIP also allows EPA to delegate that authority to tribes in the Region that request it and are able to demonstrate appropriate capability to implement the plan. Additionally, the FIP can be replaced by an EPA-approved tribal implementation plan (TIP).
The Minor NSR program provides three options for obtaining permits:
- Site-Specific Permits - includes case-by-case determinations of the source emission limits as well as any control technology requirements;
- General Permits - permits that have been developed for a number of similar equipment types or facilities to simplify the permit issuance process for facilities; or
- Synthetic Minor Permits - applies to a source that has the potential to emit pollutants in amounts that are at or above major source thresholds, but has voluntarily accepted emission limitations so that its potential to emit is less than those thresholds, thereby allowing the source to avoid more stringent major source requirements of the Clean Air Act, such as Prevention of Significant Deterioration (PSD), and Title V Operating Permit requirements. This option is available to different types of facilities, including those that emit hazardous air pollutants so that they will not be subject to Maximum Available Control Technology (MACT) standards for major sources.
The permit issuance process includes public notice and comment requirements, as well as administrative and judicial review provisions.
The final rule is located at 40 CFR 49.151. A fact sheet is available EPA's NSR Website.
Rule Applicability Timeline
Upon Rule Effective Date - August 30, 2011
Permitting will apply to:
- Minor modifications at existing major NSR sources
- New synthetic minor requests
- Part 71 synthetic minor source transfers
- 50% PTE Transition Policy source transfers
- Consent decree source transfers
Upon General Permit Effective Date
Permitting:
- New true minor sources in the source category only will be able to apply for coverage
3 Years After Rule Effective Date - September 2, 2014
Permitting will apply to:
- All new true minor sources
Tribal Minor NSR Permit Application Forms
Application Forms email ( R6AirPermits@epa.gov ) or copy this email address and paste into your default mail program: R6AirPermits@epa.gov (Subject must contain the word "Tribal")
Existing Source Registration Form (FORM REG)
New Source General Application Form (FORM NEW)
Synthetic Minor Limit Request Form (FORM SYNMIN)
Application Instructions
NSR Permits located in Indian Country
| Sandia |  | | | | | |||
| Jicarilla | | | | | | |||
| | | | | | | | |
Major NSR Permits
Non-attainment NSR Permits
NSR permitsThe NA NSR program can be found in Title 1, part D of the CAA, and the federal requirements for state NA NSR implementation plans are in 40 C.F.R. part 51, subpart I. The federal requirements for EPA to implement the NA NSR program in Indian country are in 40 C.F.R. part 49.
Tribal PSD Permits
The PSD program can be found in Title I, part C of the Clean Air Act (CAA). The federal requirements for state PSD implementation plans are found in 40 C.F.R. part 51, subpart I. The federal requirements for EPA to implement the program are in 40 C.F.R. part 52, subpart A, and 40 C.F.R. part 124.In order to facilitate the PSD permitting process for regulated entities, EPA will accept the respective State permitting forms for application of a PSD permit in Indian Country
Note that a facility may be required to obtain both types of major NSR permits if it is located in an area that is in attainment for some of the pollutants it will emit but not for others.
Tribal PSD PERMITS
| Jicarilla Apache | Enterprise Field Services, LLC, Lindrith Compressor Station, Rio Arriba County, NM | August 17, 2011 | | Modification | | | | |
| | | | | | | | |
| | | | | | | | |
Title V Implementation in Indian Country
Title V permits contain only existing federal and Tribal air quality requirements. Currently only the federal New Source Performance Standards, National Emission Standards for Hazardous Air Pollutants, and Prevention of Significant Deterioration requirements apply to Title V sources in Indian Country. EPA plans to issue a rule which will establish the basic regulatory requirements. This rulemaking is called a federal implementation plan or "FIP". The Tribe may request that EPA include (or omit) various provisions in this FIP or include requirements that differ from existing state law. The Tribe may request that EPA not issue a FIP. The Tribe may write its own rules for EPA approval under the Tribal Authority Rules in addition to or in lieu of a FIP. EPA or the Tribe would then incorporate these requirements into the Title V permit.
Part 70 Air Operating Permits
Tribes may develop their own Title V air operating permit program and seek EPA approval of such program at any time now that the Tribal Authority Rule is finalized. Tribes may develop a Title V air operating permit program that includes a cooperative agreement with the State or Local air permitting authority.
Operating Permits Program
The Operating Permits Program can be found in Title V of the CAA. Title V operating permits are legally enforceable documents issued to stationary sources after the source has begun to operate. Sources whose emissions are greater than the established Title V permitting thresholds or who meet other applicable criteria are required to obtain an operating permit. The permits contain all the air pollution control requirements that apply to the source, including requirements from NSR permits, or other applicable requirements, such as New Source Performance Standards (NSPS) or National Emissions Standards for Hazardous Air Pollutants (NESHAP). EPA-issued title V permits are often called "Part 71" permits because the regulations that establish the standards for them are found in the Code of Federal Regulations at 40 C.F.R. part 71.The Title V Operating Permits Program provides for public participation in the permitting process. The public generally has at least 30 days to comment on all draft Title V operating permits
Part 71 Air Operating Permits
Forms for Part 71 permits
If you have any further questions or would like to discuss any of these issues, please call Bonnie Braganza at (214) 665-7340.
Deep Water Ports
Title I Preconstruction Permits/Title V Operating Permits
Port Pelican (Draft Permit)
Port Pelican - Response to Comments on Draft Permit
Port Pelican (Final Permit - Effective 6/19/04)
El Paso Energy Bridge (Original Final Permit Issued on 6/29/04 and Effective on 7/29/04)
El Paso Energy Bridge (Gulf Gateway Energy Bridge LLC) Final Response to comments
Gulf Gateway Energy Bridge LLC (Administratively amended - El Paso Final Permit Issued on 6/29/04 and Effective on 7/29/04)
Gulf Gateway Energy Bridge LLC (Final Permit Issued on 11/28/05)
Gulf Gateway Energy Bridge LP - Final Permit Issued April 26, 2011 (Will be uploaded today, 6/6/11)
Gulf Gateway Energy Bridge LP - Statement of Basis (SOB ) (Will be uploaded today, 6/6/11)
Gulf Gateway Energy Bridge LLC
Main Pass Energy Hub ( Permit Application)
Pearl Crossing ( Permit Application)
OPERATING PERMITS (Title V)
Operating Permits (Title V) provides a State permit for facility operation. This program was introduced in the Clean Air Act as amended in 1990 and currently applies to major sources only. The Title V permit contains all air requirements including those conditions required under the NSR program and the Toxics program in a single document. Because the Title V permit contains all applicable requirements for a facility, the document also contains applicable provisions found under the New Source Performance Standards (NSPS) and the National Emission Standards for Hazardous Air Pollutants (NESHAP). A Title V permit may also contain state only requirements specified by state/local regulations. As the operating permits program is implemented under state/local regulations, please refer to your State program for specific questions.
Operating Permit Timeline
Arkansas
Louisiana
New Mexico
Oklahoma
Texas
Title V Petitions
(Petitions not listed here are Archived in EPA Region 7)
| | | | | |
Texas Title V Pilot Permits to Remove 'Incorporation by Reference' (IBR):
03-21-2012 EPA Ltr to TCEQ on TV Pilot Project to Remove IBR.pdf
EPA Objection Letters on Title V Federal Operating Permits Proposed
by the Texas Commission on Environmental Quality.
| Chevron Phillips Philtex Plant, Hutchinson County, Tx | 08-06-2010 [pdf - 1738 Kb] | |
| Chevron Phillips Cedar Bayou, Ethylene Unit, Harris County, Tx | 10-30-2009 [pdf - 254 Kb] | |
| Chevron USA, Galena Park Terminal | 01-15-2010 [pdf - 958 Kb] | |
| CITGO Refining and Chemicals Co., Corpus Christi Refinery - West Plant | 10-29-2010 [pdf - 5430 Kb] | |
| CononoPhillips Company, Sweeny Refinery | 01-08-2010 [pdf - 1815 Kb] | |
| Dal-Tile Corp., El Paso, Tx | 12-18-2009 [pdf 825 Kb] | |
| DCP Port Arther Gas Plant | 11-06-2009 [pdf - 145 Kb] | |
| Diamond Shamrock Refining Company, Valero McKee Refinery | 06-04-2010[pdf - 1451 Kb] | |
| Dow Chemicals and Metals - Industrial Organic Chemicals, Brazoria County | 11-13-2009 [pdf - 131 Kb] | |
| Dow Chemical Company, Site Functions 2, Brazoria County | 11-06-2009 [pdf - 145 Kb] | |
| Dow Chemical Company, Epoxy Products 2, Brazoria County | 12-11-2009 [pdf - 759 Kb] | |
| E. I. du Pont de Nemours, Sabine General Site | 11-06-2009 [pdf - 117 Kb] | |
| ExxonMobil Oil Corporation, Colonial Storage Facility (Jefferson County, Tx) | 03-05-2010 [pdf - 1337Kb] | |
| ExxonMobil Oil Corporation, Baytown Chemical Plant (Harris County, Tx) | 08-20-2010 [pdf - 1871 Kb] | |
| ExxonMobil Oil Corporation, Beaumont Refinery | 12-30-2009 [pdf - 2181 Kb] | |
| ExxonMobil Corp, Linear Low Density Polyethylene Plant | 01-15-2010 [pdf - 1050 Kb] | |
| Flint Hills Resources, LP, Longview Facility | 01-08-2010 [pdf - 1071 Kb] | |
| Flint Hills Resources, LP, East Refinery, Nueces County, Tx | 12-04-2009 [pdf - 267 Kb] | |
| Flint Hills Resources, LP, Corpus Chrisi West Refinery | 03-26-2010 [pdf - 2183Kb] | |
| Formosa Plastics Corp | 10-30-2009 [pdf - 217 Kb] | |
| Formosa Plastics Corp, Olefins Plant | 11-25-2009 [pdf 1275 Kb] | |
| Formosa Plastics Corp, Polypropylene Plant, Calhoun County, Tx | 12-18-2009 [pdf 1293 Kb] | |
| Garland (City of) Power and Light, Ray Olinger Plant | Objection Letter 01-22-2010 [pdf 1732 Kb] follow-up letter 03-30-2011 [pdf 194 Kb] permit requirements [pdf 3266 Kb] crosswalk-table [pdf 555 Kb] emission calculations [pdf 21 Kb] | |
| Goodyear Tire & Rubber, Bayport Chemical Plant | 11-13-2009 [pdf - 160 Kb] | |
| Goodyear Tire & Rubber, Houston Chemical Plant | 01-08-2010 [pdf - 1441 Kb] | |
| Ineos USA LLC, Chocolate Bayou Plant | 12-04-2009 [pdf - 332 Kb] | |
| Ineos Polyethylene North American La Porte Plant, Harris county, Texas | 09-24-2010 [pdf - 867 Kb] | |
| Ineos USA LLC, Green Lake Complex | 01-28-2010 [pdf - 1681 Kb] | |
| Koral Industries, Inc, Ennis Facility | 01-15-2010 [pdf - 735 Kb] Response Letter - 03/29/2011 [pdf - 874 Kb] | |
| LANXESS Corporation, LiBR Flex Unit | 02-05-2010 [pdf - 1576 Kb] | |
| Lockheed Martin Corporation, Air Force Plant 4 | 05-21-2010 [pdf - 1392 Kb] | |
| Motiva Enterprises, LLC, Houston Terminal | 12-11-2009 [pdf - 826 Kb] | |
| NRG Texas Power, Limestone County | 06-15-2010 [pdf - 1573 Kb] | |
| Occidental Chemical Corporation, Ingleside Plant | 12-30-2009 [pdf - 1515 Kb] | |
| Oiltanking Beaumont Partners, L.P. Special Warehousing and Storage, Jefferson County, Texas | 09-03-2010 [pdf - 1086 Kb] | |
| Rhodia, Inc, Houston Plant | 12-08-2009 [pdf - 149 Kb] and correction letter [pdf - 149 Kb] | |
| Robbins Myers Energy | 11-06-2009 [pdf - 118 Kb] | |
| South Hampton Resources, Inc., Silsbee Plant, Hardin County, Tx | 01-22-2010 [pdf - 1334 Kb] | |
| Southwestern Public Service Company (SPC), Harrington Station Power Plant, Potter County, Tx | 12-11-2009 [pdf - 1258 Kb] | |
| Ticona Polymers, Inc, Co-Gen | 11-20-2009 [pdf 231 Kb] | |
| Union Carbide Corp., L.P. Polyethylene & Catalyst Units | 11-25-2009 [pdf 1436 Kb] | |
| Valero East Corpus Christi | 11-20-2009 [pdf 272 Kb] | |
| Valero Tx City | 10-30-2009 [pdf - 255 Kb] | |
| Westlake Longview Corp. | 11-20-2009 [pdf 199 Kb] |
EPA Contact
Jeff Robinson (6PD-R)
U.S. Environmental Protection Agency
1445 Ross Avenue, Suite 1200
Dallas, Texas 75202-2733
(214) 665-6435
FAX (214) 665-7263
email:robinson.jeffrey@epa.gov
HAZARDOUS AIR POLLUTANTS (SECTION 112)
Air Toxics (Title III) specifies requirements found in NSR permits and operating permits regarding Hazardous Air Pollutants (HAP). The HAP are 189 chemicals listed in the Clean Air Act as amended in 1990 at section 112(b). The regulations are found at 40 CFR 63 and address emissions on an industry specific basis. The standards listed at part 63 are called Maximum Achievable Control Technology (MACT) standards. These standards are adopted by the State/Local program in a similar fashion as the NSPS. Specific questions may be answered in the standards listed at part 63 or through your state air permitting program.
EPA CONTACT:
Jeff Robinson (6PD-R)
Phone (214) 665-6435
FAX (214) 665-7263
email:robinson.jeffrey@epa.gov
REGULATION DEVELOPMENT
Regulation development includes the development and adoption of air permitting rules and regulations by the State and local air pollution control agencies to implement the NSR, title V, and air toxic permitting requirements. The state and local air pollution control agencies adopt these rules and regulations after holding public hearings and coordinating with the EPA Air Permitting Section to ensure that these rules meet applicable requirements in the Clean Air Act. Air Permitting reviews and comments on proposed permit regulations and either approves or disapproves final permit rules that the State adopts and submits to EPA. Air Permits also reviews and comments to headquarters on draft federal regulations pertaining to air permitting.
EPA CONTACT:
Jeff Robinson - E-Mail:
Phone (214) 665-6435
FAX: (214) 665-7263
STATE CONTACT:
AR - Thomas Rheaume (501) 682-0762 or e-mail address: rheaume@adeq.state.ar.us
TX - Johnny Vermillion (512) 239-1292 or e-mail address: jvermill@tceq.state.tx.us
LA - Bryan Johnston (225) 219-3100 or e-mail address: Bryan.Johnston@la.gov
OK - Dawson Lasseter (405) 702-4185 or email address: Dawson.Lasseter@deqmail.state.ok.us
NM - Ned Jerabek(505) 476-4335 or email address: Ned.Jerabek@state.nm.us
Alb - Israel Tavarez (505)768-1965 or email address: itravarez@cabq.gov
LINKS TO STATE AGENCY ADDRESS
1. Arkansas: http://www.adeq.state.ar.us/
2. City of Albuquerque: www.cabq.gov
3. New Mexico: www.nmenv.state.nm.us/
4. Louisiana: www.deq.state.la.us
5. Oklahoma: www.deq.state.ok.us
6. Texas: http://www.tceq.texas.gov/permitting/air/air_permits.html
