Air Quality - TCEQ Revises Rules to Require Submission of Form (PI-8)


On November 20, 2002, as part of the effort to obtain full EPA approval of its air quality operating permit program, the Texas Commission on Environmental Quality (TCEQ) adopted rule revisions that include a requirement that PI-8 forms be submitted to the TCEQ.  The PI-8 form, also known as a certified registration, allows the owner of a facility with insignificant air pollutant emissions, authorized by a standard exemption or permit-by-rule, to establish a lower allowable emission rate than that contained in the standard exemption/permit by rule.  This procedure has allowed facility owners to avoid the regulatory burdens associated with being designated a major source, including obtaining an operating permit and perhaps complying with other federally established programs such as nonattainment or prevention of significant deterioration permits or installation of maximum achievable control technology.  Under the old rules, the facility owner was not required to file the PI-8 form with the TCEQ.

Under the amended rules, all PI-8 forms, including those already executed, will have to be filed with the TCEQ if the facility owner is relying upon them to demonstrate that they are not subject to the operating permit program.  Any PI-8 executed prior to the effective date of the new rule (anticipated to be December 11, 2002) will have to be submitted to the Executive Director of the TCEQ no later than February 3, 2003.  Any PI-8 executed on or after the effective date of the new rule must be submitted no later than the start of operations at the facility subject to the PI-8 form.

The TCEQ has retained the existing requirements that the PI-8 be maintained at the site (or, if the site is normally unattended, then at an office in Texas) and produced immediately upon the request of TCEQ or local air pollution control employees.

As a result of this new rule, facilities owners and/or operators who are relying on PI-8 forms to avoid the Title V operating permit program, must file those forms with the TCEQ.

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