Modifications to Existing Facilities under Senate Bill 1126

To qualify as "Modifications to Existing Facilities under Senate Bill 1126," changes must meet each of these criteria:

  • Either meet 10-year-old BACT (best available control technologies) or pertain to a facility that has been permitted in the last 120 months
    • Chemical, Refinery, Oil and Gas, and Bulk Fuel Sources
    • All Other Source Types

  • Result in no net increase in emissions for each pollutant category

When modifications to an existing facility meet these criteria, Senate Bill 1126 of the 78th Texas Legislature allows the existing permit to be modified through an expedited process. This process is less cumbersome than other methods for changing the conditions of the permit.

Additional Requirements

SB 1126 requires you to notify us of the changes in specific ways. Read Section VII of the guidance document, Modifications to Existing Facilities under Senate Bill 1126 (PDF), (SB 1126 guidance is currently under review. Please contact us, for further information.) "Notification Requirements," to find out which avenue you must follow to notify us:

  • Prechange notification. If intraplant trading exceeds reportable limits stated in Section VII of the SB 1126 guidance document, you must notify us before the change occurs.
  • Postchange notification. For changes that fall within the reportable limits stated in Section VII of the SB 1126 guidance document, you may implement the change and then notify us.
  • Annual report. If emission trades from other qualified facilities are not involved, you may report the change through an annual report.

For more information about these and other requirements, read Modifications to Existing Facilities under Senate Bill 1126.

To Modify Your Permit under SB 1126:

  • Complete TCEQ Form 10230, PI-E.

Questions? We Can Help

If you have questions about this or any other type of new source review permit, contact us.