TCEQ Issues Guidance on Maintenance, Startup and Shutdown Emissions

Beveridge & Diamond, P.C. - Texas Environmental Update, February 2007

On February 9, 2007, TCEQ’s Air Permits Division (“APD”) issued a document that contains APD’s responses to numerous questions posed regarding maintenance, startup and shutdown (“MSS”) activities during TCEQ’s Advanced Air Permitting Seminar in Austin last September.  MSS activity was a topic of great interest and frequent discussion during that seminar primarily because  entities are beginning to apply for New Source Review ("NSR") authorization for planned MSS activities. They are applying for such authorization because the existing affirmative defense from penalties for emissions during planned MSS activities is being phased out by facility type over a number of years (2007 to 2013) pursuant to a TCEQ rule revision that went into effect in January of 2006.

The 45-page guidance document covers a wide range of topics relating to MSS activities.  General topics include NSR and Title V permitting, deviation/reporting/compliance issues, MSS recordkeeping, and best available control technology for MSS activity.  TCEQ also included sections that provide responses to industry-specific questions relating to chemical, combustion, mechanical, agricultural, and construction operations. 

The MSS guidance document is available on the TCEQ website.¹

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