An air permit or authorization may not have an expiration date, but that does not necessarily mean the facility has no recurring reporting obligations.
For certain temporary and indefinite-term air authorizations, the Texas Commission on Environmental Quality (TCEQ) requires permit holders to submit an annual operational status report confirming whether the activity covered by the authorization is still ongoing. This requirement applies even when the authorization itself does not expire.
With the annual reporting deadline of December 31 approaching, facility owners and operators should review their existing air authorizations to determine whether any are subject to this requirement.
Understanding which authorizations qualify, how to submit the report, and how the requirement fits into a broader air compliance program can help prevent reporting obligations from being overlooked.
What Is TCEQ’s Annual Operational Status Reporting Requirement?
Texas Water Code Section 5.587 establishes an annual reporting requirement for certain temporary permits and permits with indefinite terms.
Under this requirement, qualifying permit holders must notify TCEQ annually whether the activity authorized by the permit is still ongoing. The requirement applies to authorizations that do not already have a regular reporting requirement.
The initial reports were due December 31, 2024, and qualifying authorizations must continue to be reported annually by December 31 of each year.
The purpose is to help TCEQ maintain current information about permitted activities, including authorizations that may remain active in agency records even when the associated operations have changed or ceased.
Importantly, this requirement does not apply to every air permit or authorization issued by TCEQ. Only certain qualifying authorizations are subject to the annual operational status report.
Which Air Permits and Authorizations Are Subject to Reporting?
TCEQ identifies several categories of air authorizations that meet the criteria for annual operational status reporting.
These include:
Registered Permits by Rule (PBRs) and Standard Exemptions
Registered air permits by rule and standard exemptions are among the authorizations subject to the reporting requirement. These authorizations allow qualifying facilities or activities to operate under established regulatory conditions rather than obtaining an individual case-by-case air permit.
Certain Air Quality Standard Permits
The requirement also applies to specific air quality standard permits identified by TCEQ, including authorizations for:
- Animal carcass incinerators
- Boilers
- Concrete batch plants with enhanced controls
- Electric generating units
- Feedmills, portable augers, and hay grinders with required registration
- Hot mix asphalt plants
- Marine loading operations
- Oil and gas handling and production facilities
- Permanent rock and concrete crushers
- Non-rule pollution control projects
- Temporary and permanent polyphosphate blenders
The list is specific to the authorizations identified by TCEQ. A facility should not assume that every standard permit or PBR is subject to this reporting requirement simply because it does not have an expiration date.
Additionally, Texas Water Code Section 5.587 excludes temporary or indefinite-term permits that already have a regular reporting requirement.
Because a facility may hold multiple registrations or authorizations, reviewing each applicable registration number is important when determining reporting obligations.
What Information Must Be Reported?
The annual report is intended to confirm the operational status of the activity covered by each qualifying authorization.
Permit holders must indicate whether the permitted activity is still ongoing. The report is submitted electronically through TCEQ’s State of Texas Environmental Electronic Reporting System (STEERS).
The reporting process includes:
- Access STEERS: Log in to the State of Texas Environmental Electronic Reporting System. Users may need to establish an account and obtain access to the appropriate reporting program.
- Select the reporting program: Choose the Air New Source Review (NSR) Annual Operational Status Report.
- Review regulated entity information: Locate the applicable regulated entity number (RN) and review the registration numbers listed for that entity.
- Confirm operational status: Indicate whether each permitted activity is still operational by selecting the appropriate response.
- Submit the report: Complete the electronic reporting process for the applicable authorizations by December 31.
Operators should review their authorization records before submitting the report to confirm that the correct registrations are included and that the reported status reflects current facility operations.
What If the Permitted Activity Is No Longer Ongoing?
A facility may have an air authorization that remains active in TCEQ’s records even though the associated equipment or operation is no longer in use.
In these situations, operators should not simply overlook the authorization. The annual operational status reporting process allows permit holders to indicate that the permitted activity is no longer ongoing.
If an authorization is no longer active, TCEQ directs the owner or operator to submit a void request through the agency’s online e-Services system. The appropriate process depends on the authorization and its status.
Reviewing inactive or outdated registrations can help facility owners maintain more accurate permit records and avoid carrying authorizations that are no longer needed.
Why a Broader Air Permit Review Matters
The annual operational status report is one example of why air permit compliance involves more than confirming that an authorization is valid.
Facilities may have multiple air authorizations, each with its own applicability criteria, operational limitations, recordkeeping requirements, and reporting obligations. These requirements can vary depending on the type of authorization and the activities conducted at the site.
A broader air permit review can help operators evaluate:
- Authorization applicability: Confirm that existing permits and registrations accurately reflect current equipment and facility operations.
- Operational limitations: Review applicable emission limits, equipment specifications, operating restrictions, and other permit conditions.
- Recordkeeping: Verify that required records are maintained and available for review.
- Reporting deadlines: Identify annual, periodic, and event-based reporting obligations associated with applicable authorizations.
- Operational changes: Determine whether equipment additions, modifications, or changes in production may require additional air permitting or permit revisions.
- Inactive authorizations: Identify registrations associated with equipment or activities that are no longer operating and determine whether a void request is appropriate.
This type of review can be particularly useful for facilities with multiple registrations, older permits, or a history of operational changes.
Making Air Permit Compliance Part of Ongoing Facility Management
Air permitting requirements can change as facilities expand, modify equipment, or adjust their operations. Maintaining compliance requires an ongoing understanding of both the authorizations in place and the obligations associated with them.
A proactive permit review can help identify reporting requirements, evaluate whether existing authorizations remain appropriate, and establish a clearer process for tracking upcoming deadlines.
For facilities with multiple air authorizations, maintaining a centralized permit inventory and compliance calendar can also help ensure that reporting obligations are assigned, monitored, and completed on time.
The December 31 annual operational status reporting deadline is a timely reminder that even authorizations without expiration dates may carry ongoing responsibilities.
Air Permitting and Compliance Support from ESE Partners
ESE Partners helps Texas businesses navigate air permitting and environmental compliance throughout the life of their projects and operations.
Our Compliance team supports clients with air permitting, regulatory applicability reviews, permit compliance evaluations, and ongoing environmental management. Whether a facility needs assistance understanding an existing authorization, evaluating a proposed operational change, or identifying reporting obligations, ESE can help assess the applicable requirements and support a proactive approach to compliance.
Reviewing your facility’s air permits before the December 31 reporting deadline can help identify obligations that may otherwise be overlooked.
