A Non-Expiring Air Permit May Still Require Annual Reporting
When a facility holds an air authorization without an expiration date, it may be easy to assume that no additional action is required unless operations change or the authorization is modified.
However, certain temporary and open-ended air authorizations in Texas are subject to an annual operational status reporting requirement administered by the Texas Commission on Environmental Quality (TCEQ).
Under Texas Water Code Section 5.587, permit holders with qualifying temporary permits or permits with an indefinite term must report annually whether the activity authorized by the permit is ongoing, unless the authorization already has a regular reporting requirement.
The initial reporting deadline was December 31, 2024. Reporting is now required annually by December 31.
For facilities with multiple air authorizations, this requirement is worth including in the annual environmental compliance review.
Which Air Authorizations Are Subject to the Requirement?
The annual reporting requirement does not apply to every air permit, Permit by Rule (PBR), or Standard Permit in Texas. It applies to qualifying temporary or indefinite-term authorizations that do not already have a regular reporting requirement.
TCEQ identifies the following categories as subject to the requirement:
Registered Air Permits by Rule and Standard Exemptions
Certain registered PBRs and standard exemptions are included in the reporting requirement. Facilities should review their individual registrations and authorization records to determine whether reporting applies.
Certain Air Quality Standard Permits
TCEQ specifically identifies the following Standard Permit categories:
- Animal Carcass Incinerators
- Boilers
- Concrete Batch Plants with Enhanced Controls
- Electric Generating Units
- Feedmills, Portable Augers, and Hay Grinders (registration required)
- Hot Mix Asphalt Plants
- Marine Loading Operations
- Oil and Gas Handling and Production Facilities
- Permanent Rock and Concrete Crushers
- Pollution Control Projects (nonrule)
- Temporary and Permanent Polyphosphate Blenders
The list is specific to the authorizations identified by TCEQ. A facility should not assume that every Standard Permit registration is subject to the annual reporting requirement.
What Information Must Be Reported?
The purpose of the annual report is to confirm the operational status of the activity authorized under each qualifying permit or registration.
Permit holders must indicate whether the permitted activity is still ongoing.
This is not the same as renewing an air permit, submitting an emissions inventory, or completing an annual compliance certification. It is a separate reporting obligation focused on the status of the authorized activity.
Facilities should review their authorization records and verify the operational status of each applicable registration before submitting the report.
For companies operating multiple facilities or maintaining several air authorizations, this review is particularly important. An authorization may remain in place even when the facility’s operations or equipment have changed.
How and When Should Facilities Submit the Report?
TCEQ requires qualifying permit holders to submit their operational status reports electronically through the State of Texas Environmental Electronic Reporting System (STEERS).
The reporting process generally involves:
- Logging into the STEERS system.
- Selecting the Air New Source Review (NSR) Annual Operational Status Report.
- Selecting the appropriate regulated entity number (RN).
- Reviewing the registration numbers listed under the entity.
- Indicating whether each applicable permitted activity is still operational.
The annual reporting deadline is December 31.
Facilities should allow sufficient time to identify applicable authorizations, verify operational status, and complete the electronic submission before the deadline.
What Should Facilities Review Before Year-End?
The annual reporting requirement provides a good opportunity to review air authorizations and confirm that facility records reflect current operations.
Before December 31, environmental and facility personnel should consider:
1. Compile existing air authorizations: Review the facility’s air permits, PBR registrations, standard exemptions, and applicable Standard Permit registrations. Confirm which authorizations fall within the reporting requirement.
2. Verify operational status: Determine whether each authorized activity is still ongoing. Coordinate with operations and maintenance personnel when necessary to confirm the status of equipment and processes.
3. Review changes to facility operations: Consider whether equipment has been removed, replaced, modified, or permanently discontinued. Changes may create additional permitting or notification considerations beyond the annual operational status report.
4. Confirm reporting responsibilities: Identify who is responsible for reviewing the authorizations, accessing STEERS, and completing the submission. Facilities with multiple locations may benefit from maintaining a centralized compliance calendar.
5. Maintain reporting documentation: Keep records of the authorizations reviewed and the operational status reports submitted. Maintaining documentation can help demonstrate that annual reporting obligations have been addressed.
A consistent review process can help prevent reporting deadlines from being overlooked, particularly when air authorizations do not have traditional renewal dates.
Why Ongoing Air Permit Management Matters
The annual operational status report is one part of a facility’s broader air compliance responsibilities.
Facilities may also have obligations related to emissions limits, recordkeeping, monitoring, testing, reporting, and operating conditions established by their applicable authorizations.
Changes in equipment, production capacity, fuels, or operating practices may also require an evaluation of whether existing authorizations remain appropriate.
Maintaining an accurate inventory of air permits and registrations can help facilities understand their obligations and identify when additional permitting or compliance support may be needed.
Rather than reviewing permits only when a new project or regulatory deadline arises, facilities can benefit from incorporating authorization reviews into their regular environmental management practices.
How ESE Partners Supports Air Permitting and Environmental Compliance
Keeping track of air authorizations and associated reporting obligations can become increasingly complex for facilities with multiple registrations, operating locations, and changing equipment.
ESE Partners supports businesses throughout Texas with air permitting and environmental compliance services. Our team helps clients evaluate applicable authorizations, navigate regulatory requirements, review operational changes, and address ongoing compliance responsibilities.
Whether a facility needs assistance reviewing existing air permits, evaluating a proposed equipment modification, or preparing for an upcoming reporting deadline, ESE provides practical environmental consulting support based on the facility’s operations and applicable requirements.
Contact ESE Partners to discuss your facility’s air permitting and compliance needs before year-end.
