2025 Changes in Texas Air Permitting: Air Quality Standards Reduced
By Mark Frazier, Vice President/National Regulatory Affairs (Tulsa)
Mark Frazier holds a Bachelor of Business Administration degree from Oklahoma State University (Stillwater) and has over 20 years of experience in the Environmental, Health & Safety (EHS) Compliance field as a Certified Regulatory Compliance Specialist.
The Texas Commission of Environmental Quality (TCEQ) has added new standard permit options for certain sources for the purpose of streamlining the permitting process.
- Natural Gas Electric Generating Units (EGUs):
A new non-rule standard air quality permit for natural gas-fired generating units became effective January 30, 2025. This provides an alternative to the older Permit-By-Rule (PBR) for some generators and offers more flexibility in how facilities can be authorized.
- Temporary Public Works Projects:
Effective June 18, 2025, TCEQ issued a non-rule standard permit for temporary concrete batch plants used in public works projects. This implements a requirement from Senate Bill 1397 and includes emissions controls, best practices, and recordkeeping obligations.
Proposed and Ongoing Rule Amendments
- Concrete Batch Plant Standard Permits — Rule Revisions
TCEQ proposed amending 30 TAC §116 to:
- require regular “protectiveness reviews” of permanent concrete batch plant standard permits (at least every 8 years);
- require permit application updates when projects have delays before construction starts.
- Other General Operating Permit (GOP) Updates
TCEQ is revising some General Operating Permits (GOPs) — e.g., Air Curtain Incinerator GOP #518 and Oil & Gas GOPs #511–514 — to reflect federal and state rule updates. Permit holders may need to file new “authorizations to operate” by early 2026 where applicable.
Administrative Process Changes
Several procedural or administrative changes have recently taken effect:
- Annual Reporting for Certain Permits
Certain temporary or open-ended air permits and exemptions now require annual operational status reporting via the STEERS online system.
- Public Involvement Plan (PIP) Required for Public Notices
For air permits requiring public notice, applications submitted after Nov 1, 2022 must include a completed Public Involvement Plan (Form 20960) so communities can be informed and participate.
- Relocation/Notification for PBRs and Standard Permits
As of May 1, 2025, all relocation/notification requests for Permits By Rule and standard permits must be submitted through STEERS.
- Form Updates
Key application forms like Form PI-1 (NSR application) have been updated (with older versions accepted until mid-2026).
Broader Federal-State Interplay
Texas air permitting does not exist in a vacuum — both federal Clean Air Act policy and the U.S. EPA oversight impact how permits are approved and challenged:
- Title V Objections & Legal Challenges
Local governments (e.g., Harris County) are filing Title V petitions to object to certain permit renewals, asserting that renewals do not meet federal Clean Air Act standards.
- Federal Permitting Policy Debate
Broader federal proposals to ease Clean Air Act compliance waivers and criticism of EPA permitting policy shifts could influence how state air permits are interpreted and enforced.
Key Takeaways: What’s new in January 2026?
- New standard permits for temporary public works plants and natural gas EGUs streamline certain authorizations.
- Reporting and public involvement requirements have been strengthened or formalized.
- TCEQ is actively updating permit rules and General Operating Permits to align state and federal requirements.
What’s in progress?
- Rulemaking on concrete batch plant standards and other source categories.
- Ongoing procedural updates through STEERS and forms updates.
Federal context matters: Title V challenges and Clean Air Act policy actions influence how Texas permits are reviewed and contested.