TCEQ RAP'S

What is a “Readily Available” Permit?

The Texas Commission of Environmental Quality (TCEQ) has developed Readily Available Permits (RAP’s) to streamline Minor New Source Review (NSR) case-by-case permits for the following facility types so far:

  • Simple Cycle Turbines
  • Compressor Stations
  • Tanks and Loading Increases
  • Marine Loading (June 2020)

A RAP is subject to the same procedural requirements as case-by case permits.  However, the TCEQ has reduced the overall schedule to review, process and issue RAPs to an estimated 90 days after receipt of a technically complete application for eligible facilities by:

  • Providing readily available draft special permit conditions tailored to eligible facility types based on emission calculations, equipment variables and site-specific parameters;
  • Consolidating the Intent to Obtain Permit and Notice of Application and Preliminary Determination into a single public notice; and
  • Relying upon TCEQ performed generic modeling based on the required parameters (no off-property modeling analysis is required).

To be eligible for a RAP, all qualification criteria (e.g. operating restrictions, emission limits, levels of controls, and location) must be met for each specific facility type.

TCEQ has developed draft permit conditions tailored to facility types based on emission calculations, equipment variable and site-specific parameters.  These draft conditions are available on the TCEQ’s website.

All elements of a typical Minor NSR case-by-case permit review are still required for RAP’s.  This means that each RAP is subject to current BACT, federal NSR applicability standards, current emission factors, and public notice per 30 TAC Chapter 39.

What Are the Benefits of Using a RAP?

The primary benefit of a RAP is the condensed and accelerated permit application review and issuance schedule.  The TCEQ expects to issue RAP’s no later than 90 days after receipt of the application, with the goal of issuance as quickly as possible.  With a typical NSR case-by-case permit, application review times of 9-12 months are common, and many may wonder how a 90-day review schedule is achieved.  The rapid application review is primarily achieved due to the RAP specific processes discussed below.

Combined Public Notices

Typically, per 30 TAC Chapter 39 Section 39.411 and Section 39.603, the Notice of Receipt of Application and Intent to Obtain Permit (1st Notice) and Notice of Application and Preliminary Determination (2nd Notice) are completed in two separate 30-day periods during the application review process.  This requirement can lead to delays late in the permitting process and foster uncertainty with regard to adverse public comment.  A RAP application can simplify this process greatly.  Provided that the permit application is deemed technically complete within 15 days of receipt by the TCEQ, 1st and 2nd public notice periods may be combined into a single 30-day notice.  Although the public still has the same opportunity to provide comments and request a meeting or hearing, the condensed public notice period ensures that these potential delays are known early in the application process.  In a typical NSR permit application, the public may comment on an application anytime between the beginning of 1st Notice and the end of 2nd Notice, which could be up to nine months or more.  A combined notice period narrows the window for public participation to just 30 days.

Generic Air Quality Analysis

To qualify for a RAP, the TCEQ has developed each RAP with specific operational limits and stack parameters.  The TCEQ has performed generic modeling based on the required parameters and deemed the associated off-property impacts acceptable and protective.  Therefore, no off-property modeling analysis is required to be submitted with a RAP application.  This is a significant advantage over the typical NSR permit application review process, given the capital cost and time required to perform emissions modeling compliance demonstrations.

No-Haggle Special Conditions

The TCEQ has developed a draft permit for each RAP, and have conveniently published these draft permits on their website.  The conditions include boilerplate compliance monitoring provisions, which are exactly what a permit applicant can expect to be issued for a RAP application.  This eliminates any surprise conditions and lengthy draft permit negotiations common in the typical NSR permit application review process.  However, there is a catch. These draft special conditions are non-negotiable.  A “take it or leave it” approach is necessary in order to ensure permit review times of 90 days or less.  Although these permit conditions may not be negotiated during the RAP review, they may be changed with a subsequent permit alteration/amendment application at a later date.

What Are the Qualifications for Using a RAP?

 

General RAP qualifications, as well as specific qualifications by facility type, are discussed below.

 

General Requirements

All RAP applications must meet the following general requirements:

  • An existing site must have a current TCEQ compliance history classification of Satisfactory or High;
  • A new or modified facility must meet current standards for Best Available Control Technology (BACT);
  • Applies to only minor sources or minor modifications as specified below; and
  • Utilizes standard emission calculation methodologies.

In addition, the TCEQ has developed a custom NSR Workbook for each RAP, which provides specific detailed operational limits and parameters for qualification.  A short summary of qualifications for each currently available RAP is listed below by source type.

Simple Cycle Turbine RAP Only Applicable to:

  • Initial permits for new natural gas-fired simple cycle turbines (up to two) used by electric utilities, and associated auxiliary equipment (limited to ≤ 2 reciprocating emergency engines, ≤ 6 diesel/lube oil storage tanks, and ≤ 2 dew point heaters.);
  • Greenfield sites with no other permitted facilities;
  • Minor sources;
  • Facilities with a distance from property line to nearest emission point of ≥ 150 meters, except for El Paso County (> 300 meters) and Harris County (> 420 meters); and
  • Exhaust stack equipped with CEMS for NOx and CO with concentration limits (3-hr rolling average, 15% O2) of ≤ 9 ppmvd NOx (based on DLN), ≤ 9 ppmvd CO and ≤ 2 ppmvd VOC.

Compressor Station RAP Only Applicable to:

  • Initial permits for new compressor stations;
  • Greenfield sites with no other permitted facilities;
  • Minor sources;
  • Up to 6 engines (depending on the county) and limited auxiliary facilities;
  • Facilities with a distance from property line to nearest emission point must be ≥ 25 meters or less; and
  • Oil tanks, dehydrators, and compressor blowdowns controlled by a flare.

Tanks and Loading RAP Only Applicable to:

  • Existing NSR permits that are amended using the RAP to increase annual throughput for tanks and/or loading operations (drum, tote, truck, or rail) at an existing site and associated control devices;
    • All tanks and/or loading associated with the project must already be authorized and active by a case-by-case NSR permit to be amended
    • No new species of chemical may be authorized by the project
    • No increases in hourly emissions may be authorized
    • No new control equipment or facilities, including fugitives
    • No halogenated compounds will be burned in any flare associated with this project
  • No emission sources are moving locations and meet the stack height requirements that are calculated using the provided formula;
  • Existing facilities or control devices may be authorized;
  • Projects that have no upstream or downstream affected facilities associated with the project;
  • Minor modifications; and
  • Projects that fall outside the contemporaneous window of a past project that required netting.

Marine Loading RAP Only Applicable to:

  • Construction of a new marine loading site, increases in marine loading throughputs or loading a new product at an existing site;
  • The marine loading site is located in TCEQ Regions 10, 12, 14, or 15;
  • The sources modified or affected by the project are limited to the following:
    • Storage tanks (up to 5);
    • Loading operations (drum/tote, rail, non-inerted marine vessel, inerted marine vessel, truck) and does not include the use of ULCCs or VLCCs (carriers with a capacity of > 2 MM bbls);
    • Fugitive components;
    • MSS;
    • Emergency diesel engines (up to 2);
    • Heaters and/or boilers (up to 2) that are not used as control devices;
    • Control devices (one of the following: elevated flare, VCI, vapor oxidizer, CAS temporary flare, temporary VCU and/or temporary thermal oxidizer);
    • New chemical species that are listed in the Toxicity Factor Database;
    • Control of all fixed and floating roof degassing during MSS or convenience roof landing for all products;
    • Mixing of products that does not create a chemical in any of the sources associated with the project; and
    • Flare will not burn any halogenated compounds.
  • Minor modifications; and
  • Projects that fall outside the contemporaneous window of a past project that required netting.

 

What is the RAP Application and Review Process?

Prior to submittal of a RAP application, potential permit applicants should review the operational limits and stack parameters listed in the applicable RAP NSR Workbook to insure compatibility with proposed construction/operation plans.  Additionally, the applicable RAP draft permit should be reviewed in detail prior to submittal of an application.  There should be no surprises through the RAP application and review process, as the TCEQ has supplied all materials up front.

Submittal of RAP NSR Workbooks, and applicable permit application fees, should be done via the State of Texas Environmental Electronic Reporting System (STEERS).

RAP applicants can expect to receive notification that their permit application has been deemed technically complete within 15 days of application submittal.  This 15-day timeframe is imperative to approval of combined public notice.  Therefore, any requests from the TCEQ prior to the application being declared technically complete should be addressed as quickly as possible.

The timing of RAP application review and issuance can depend heavily on the preparedness and responsiveness of the permit applicant.  Once the application is deemed technically complete, a draft public notice will be sent to the applicant for publishing in local newspapers according to 30 TAC Chapter 39 Section 39.411 and Section 39.603.  Permit applicants should work quickly to coordinate with local publications, and to provide applicable public notice affidavits and verification form as quickly as possible.

During the 30-day public notice period, the TCEQ will provide a final copy of the draft permit.  In typical NSR permit applications, the draft permit offers an opportunity to negotiate special conditions and compliance demonstrations following start-up of the proposed facilities. This is not the case for a RAP application.  Special conditions in a RAP draft permit are non-negotiable.

Following the 30-day public notice period and submittal of the public notice verification form, the TCEQ will finalize processing of the RAP application.  Applicants can expect final issuance of a RAP within seven days of submittal of the public notice verification form.

Please contact one of TRICORD’s Client Relationship Managers to get assistance on how to best implement this permitting option for your facility.