Introduction to Air Permitting: A Guide to Understanding Permits By Rule, Part 1

Eric Shelander, Air Team Leader

There are three primary types of air permits in Texas: Permits By Rule (PBR), Standard Permits, and New Source Review. When establishing a new facility, exploring Permits By Rule should be the initial step. PBRs are generally the simplest permits to obtain and often only require demonstrating compliance with specific conditions. These conditions are detailed in Chapter 106 of the Texas Administrative Code (30 TAC), with Subchapter A outlining universal requirements for all PBRs.

Each PBR rule has specific requirements, which may include using certain pollution control devices like fabric filters, limiting the amount of material processed (throughput), covering conveyor belts, or meeting specific emission standards. Many rules also set distance limits, requiring the facility to be a certain distance from nearby buildings, homes, or recreational areas. The exact distance can vary depending on the rule and the facility's emissions. Additionally, PBRs often have registration deadlines with the Texas Commission on Environmental Quality (TCEQ). Some rules mandate permit applications before starting construction, while others allow a specific timeframe after construction begins.

One of the most commonly used PBRs is §106.261. This general permit can be applied to any equipment not already covered by a specific permit or another PBR. To qualify, the equipment must be located at least 100 feet from any residence or recreational area and produce less than six pounds of emissions per hour and ten tons per year. This PBR can be used for standalone equipment like portable screens or for adding new equipment such as conveyors to an existing permitted facility.

PBR §106.261 also covers portable facilities such as screens and recycled asphalt breakers that operate at different locations throughout the year. These facilities only need to submit a single application by March 31st of the following year, detailing the locations and material processed at each site during the previous year.

For the aggregate industry other useful PBRs to remember are: 

§106.143 Wet Sand and Gravel Production – Allows up to 500 tph of wet sand and gravel to be mined, washed, and screened. Doesn’t allow for crushing, as rock crushing is authorized under Standard Permit.

§106.144 Bulk Mineral Handling – Allows for the construction of mineral handling silos that are vented to a fabric filter. Typically used for standalone cement/flyash silos supplying volumetric mixer trucks.

§106.146 Soil Stabilization Plants (Pugmill) – Allows for the construction of soil stabilization plants with cement/flyash silos and/or emulsified asphalt.

§106.264 Replacement of Facilities – Used for replacing facilities when the replacement won’t cause a change in emissions. This PBR is primarily used for replacing crushers or screens at existing facilities.

§106.512 Stationary Engines and Turbines – Used to authorize generators that will remain at a site for longer than 12 months. Mainly used for diesel generators at facilities without access to electric line power.

Westward Environmental possesses extensive experience in securing air permits for a diverse range of facilities, often utilizing various Permits By Rule (PBRs). Our expertise enables us to effectively identify the most suitable permitting options for your specific project and streamline the permitting process through consolidated applications.