TCEQ Guidance on “Multiple SIC Code” MSS Permitting
Beveridge & Diamond, P.C. - Texas Environmental Update, February 2008
A TCEQ internal memorandum dated January 14, 2008 addresses when New Source Review air permit applications to authorize planned maintenance, startup, and shutdown (“MSS”) emissions must be submitted for facilities with different Standard Industrial Classification (“SIC”) codes that operate on a single site. The schedule in 30 TAC §101.222(h) for submitting MSS applications includes deadlines based upon a facility’s SIC code. This issue arose because it is not unusual for a single site to include facilities with different SIC codes.
In this guidance from the agency’s Field Operations Support Division, TCEQ expresses a preference that MSS emissions for a site be addressed in a single permit application. However, the agency indicates that either of the following two alternatives are acceptable: (1) submitting an MSS emissions application for all facilities at the site by the earliest applicable SIC code-based deadline; or (2) submitting separate applications for facilities at the site in accordance with the specified deadline for each facility’s SIC code.
The memorandum is available on TCEQ’s website.1
For a printable PDF of this article, please click here.
1 www.tceq.state.tx.us/assets/public/permitting/air/memos/memo_
mss_sic.pdf
