# 30 Tex. Admin. Code § 39.402: 30 TAC § 39.402. Applicability to Air Quality Permits and Permit Amendments > Texas · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_402 ## Section - **Citation:** 30 Tex. Admin. Code § 39.402 - **Heading:** 30 TAC § 39.402. Applicability to Air Quality Permits and Permit Amendments - **Jurisdiction:** Texas - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Texas Administrative Code / Title 30 ENVIRONMENTAL QUALITY / Part 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY / Chapter 39 PUBLIC NOTICE / 30 TAC § 39.402 ## Text (a) As specified in those subchapters, Subchapters H and K of this chapter (relating to Applicability and General Provisions; and Public Notice of Air Quality Permit Applications, respectively) apply to applications for: (1) new air quality permits under Chapter 116, Subchapter B of this title (relating to New Source Review Permits); (2) a new major source or a major modification for facilities subject to the requirements of Chapter 116, Subchapter B, Division 5 or 6 of this title (relating to New Source Review Permits, Nonattainment Review Permits and Prevention of Significant Deterioration Permits); (3) air quality permit amendments under Chapter 116, Subchapter B of this title when the amendment involves: (A) a change in character of emissions or release of an air contaminant not previously authorized under the permit; (B) a facility not affected by THSC, §382.020, where the total emissions increase from all facilities to be authorized under the amended permit exceeds public notice de minimis levels by being greater than any of the following levels: (i) 50 tpy of carbon monoxide (CO); (ii) ten tpy of sulfur dioxide (SO 2 ); (iii) 0.6 tons per year (tpy) of lead; or (iv) five tpy of nitrogen oxides (NO X ), volatile organic compounds (VOC), particulate matter (PM), or any other air contaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and oxygen; (C) a facility affected by THSC, §382.020, where the total emissions increase from all facilities to be authorized under the amended permit exceeds significant levels for public notice by being greater than any of the following levels: (i) 250 tpy of CO or NO X ; (ii) 25 tpy of VOC, SO 2 , PM, or any other air contaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and oxygen; (iii) a new major stationary source or major modification threshold as defined in §116.12 of this title (relating to Nonattainment and Prevention of Significant Deterioration Review Definitions); or (iv) a new major stationary source or major modification threshold, as defined in 40 Code of Federal Regulations (CFR), §52.21, under the new source review requirements of the Federal Clean Air Act (FCAA), Part C (Prevention of Significant Deterioration); or (D) other amendments when the executive director determines that: (i) there is a reasonable likelihood for emissions to impact a nearby sensitive receptor; (ii) there is a reasonable likelihood of high nuisance potential from the operation of the facilities; (iii) the application involves a facility in the lowest classification under Texas Water Code, §5.753 and §5.754 and the commission's rules in Chapter 60 of this title (relating to Compliance History); or (iv) there is a reasonable likelihood of significant public interest in a proposed activity; (4) new air quality flexible permits under Chapter 116, Subchapter G of this title (relating to Flexible Permits); (5) air quality permit amendments to flexible permits under Chapter 116, Subchapter G of this title when the amendment involves: (A) change in character of emissions or release of an air contaminant not previously authorized under the permit; (B) a facility not affected by THSC, §382.020, where the total emissions increase from all facilities to be authorized under the amended permit exceeds public notice de minimis levels by being greater than any of the following levels: (i) 50 tpy of carbon monoxide (CO); (ii) ten tpy of sulfur dioxide (SO 2 ); (iii) 0.6 tons per year (tpy) of lead; or (iv) five tpy of nitrogen oxides (NO X ), volatile organic compounds (VOC), particulate matter (PM), or any other air contaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and oxygen; (C) a facility affected by THSC, §382.020, where the total emissions increase from all facilities to be authorized under the amended permit exceeds significant levels for public notice by being greater than any of the following levels: (i) 250 tpy of CO or NO X ; (ii) 25 tpy of VOC, SO 2 , PM, or any other air contaminant except carbon dioxide, water, nitrogen, methane, ethane, hydrogen, and oxygen; (iii) a new major stationary source or major modification threshold as defined in §116.12 of this title; or (iv) a new major stationary source or major modification threshold, as defined in 40 Code of Federal Regulations (CFR), §52.21, under the new source review requirements of the Federal Clean Air Act (FCAA), Part C (Prevention of Significant Deterioration); or (D) other amendments when the executive director determines that: (i) there is a reasonable likelihood for emissions to impact a nearby sensitive receptor; (ii) there is a reasonable likelihood of high nuisance potential from the operation of the facilities; (iii) the application involves a facility in the lowest classification under Texas Water Code, §5.753 and §5.754 and the commission's rules in Chapter 60 of this title; or (iv) there is a reasonable likelihood of significant public interest in a proposed activity; (6) renewal of air quality permits under Chapter 116, Subchapter D of this title (relating to Permit Renewals); (7) applications subject to the requirements of Chapter 116, Subchapter E of this title (relating to Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed Major Sources (FCAA, §112(g), 40 CFR Part 63 )), whether for construction or reconstruction; (8) applications for the establishment or renewal of, or an increase in, a plant-wide applicability limit permit under Chapter 116, Subchapter C of this title (relating to Plant-Wide Applicability Limits). (9) applications for multiple plant permits (MPPs) under Chapter 116, Subchapter J of this title (relating to Multiple Plant Permits); (10) applications for permits, registrations, licenses, or other type of authorization required to construct, operate, or authorize a component of the FutureGen project as defined in §91.30 of this title (relating to Definitions), submitted on or before January 1, 2018, are subject to the public notice requirements of Chapter 91 of this title (relating to Alternative Public Notice and Public Participation Requirements for Specific Designated Facilities) in addition to the requirements of this chapter, unless otherwise specified in Chapter 91 of this title. (11) concrete batch plants without enhanced controls authorized by an air quality standard permit adopted by the commission under Chapter 116, Subchapter F of this title (relating to Standard Permits), unless the plant is to be temporarily located in or contiguous to the right-of-way of a public works project; and (12) change of location or relocation of a portable facility, consistent with the requirements of §116.178 of this title (relating to Relocations and Changes of Location of Portable Facilities). (b) Regardless of the applicability of subsection (a) of this section, Subchapters H and K of this chapter do not apply to the following applications where notice or opportunity for contested case hearings is not otherwise required by law: (1) applications under Chapter 122 of this title (relating to Federal Operating Permits Program); (2) applications under Chapter 116, Subchapter F of this title, except applications for concrete batch plants authorized by standard permit as referenced in subsection (a)(11) of this section; and (3) registrations under Chapter 106 of this title (relating to Permits by Rule). ## Nearby sections - [30 Tex. Admin. Code § 39.401 30 TAC § 39.401. Purpose](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_401.md) - [30 Tex. Admin. Code § 39.402 30 TAC § 39.402. Applicability to Air Quality Permits and Permit Amendments](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_402.md) - [30 Tex. Admin. Code § 39.403 30 TAC § 39.403. Applicability](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_403.md) - [30 Tex. Admin. Code § 39.405 30 TAC § 39.405. General Notice Provisions](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_405.md) - [30 Tex. Admin. Code § 39.407 30 TAC § 39.407. Mailing Lists](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_407.md) - [30 Tex. Admin. Code § 39.409 30 TAC § 39.409. Deadline for Public Comment, and for Requests for Reconsideration, Contested Case Hearing, or Notice and Comment Hearing](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_409.md) - [30 Tex. Admin. Code § 39.411 30 TAC § 39.411. Text of Public Notice](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_411.md) - [30 Tex. Admin. Code § 39.412 30 TAC § 39.412. Combined Notice for Certain Greenhouse Gases Permit Applications](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_412.md) - [30 Tex. Admin. Code § 39.413 30 TAC § 39.413. Mailed Notice](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_413.md) - [30 Tex. Admin. Code § 39.418 30 TAC § 39.418. Notice of Receipt of Application and Intent to Obtain Permit](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_418.md) - [30 Tex. Admin. Code § 39.419 30 TAC § 39.419. Notice of Application and Preliminary Decision](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_419.md) - [30 Tex. Admin. Code § 39.420 30 TAC § 39.420. Transmittal of the Executive Director's Response to Comments and Decision](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_420.md) - [30 Tex. Admin. Code § 39.421 30 TAC § 39.421. Notice of Commission Meeting to Evaluate a Request for Reconsideration or Hearing on an Application](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_421.md) - [30 Tex. Admin. Code § 39.423 30 TAC § 39.423. Notice of Contested Case Hearing](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_423.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_402. Check the current official text before relying on it. Not legal advice.