Effective January 1st, 2020, under Section 382.004 of Texas’s Health and Safety Code, an applicant who submits a minor new source review permit amendment may begin construction that is related to the application once a draft permit has been issued by the executive director. This section cautions applicants that construction may begin at their own risk, and that construction shall not impact the commission’s decision to grant the applicant’s permit amendment. The section does not state the consequences to an applicant who began construction if the permit amendment is denied by the commission. At the time of this post, this rule change has not been codified in the Texas Administrative Code (TAC).
The application must be a permit amendment and construction can only begin once the draft permit has been issued. This provision does not apply to major new source review permit amendments and explicitly excludes permit amendments for concrete batch plants located within 880 yards of residential property to begin construction with an issued draft permit.
Bill Language available here: https://capitol.texas.gov/tlodocs/86R/billtext/html/HB02726S.htm
