On December 14, 2010 the Texas Commission on Environmental Quality adopted amendments to certain sections of 30 Texas Administrative Code (TAC) Chapter 116, Control of Air Pollution by Permits for New Construction or Modification, and corresponding revisions to the state implementation plan (SIP). The adoption would revise the flexible air permit rules to address the United States Environmental Protection Agency’s disapproval of the flexible permit program as a SIP revision. The rules would more clearly identify federal permitting requirements; ensure that the flexible permit rules cannot be used to circumvent federal permitting requirements; address monitoring, recordkeeping, and reporting associated with flexible permits; and implement other changes necessary to obtain approval for the flexible permit program. TCEQ staff recommended some language changes that were not substantive in nature. The TCEQ Commissioners adopted the amendments and the suggested language changes.

More information, including an executive summary can be found by visiting: http://www.tceq.state.tx.us/rules/adopt.html#10007 

The effective date of the rule change is January 6, 2011.