Waste & Air Permits in Texas

Streamline Your Permitting Process With the Support of Our Environmental Lawyers

The devil is in the details, and this is especially true with environmental compliance. Environmental regulations that apply to any particular issue are usually onerous and often unclear.

What isn’t obvious is that many rules include subjective as well as objective elements. There may be multiple ways to meet requirements, and some compliance options may be very expensive while others are more affordable.

These factors all combine to make complying with environmental laws very challenging. Dealing with agencies often requires a healthy level of skepticism because they don’t always interpret and apply their regulations correctly.

At the same time, agencies must be respected and dealt with appropriately because noncompliance can result in disruptive enforcement actions and penalties. Attorney Mark McPherson has experience striking the right balance between respect and skepticism when negotiating and clarifying clients’ compliance requirements with agencies.

In every case, our goal is to bring clarity and purpose to environmental compliance efforts. We can help you acquire the necessary permits and develop strategic economic solutions to your unique issue.

To learn more about our environmental compliance services or to obtain assistance with air or waste permits, contact McPherson Law Firm PLLC at (214) 722-7096 today.

Comprehensive Environmental Permitting in Texas

As Congress, the Texas Legislature, the EPA, and the TCEQ conclude that more materials or activities pose a threat to human health or the environment, the number of operations that require environmental permits seems to grow by the day.

Industries that may require an air or waste permit include:

• Concrete batch plants
• Oil and gas facilities
• Dry cleaning facilities
• Vehicle body repair or fabrication shop
• Wood products manufacturing such as sawmills
• Mining and mineral extraction
• Petroleum storage tanks
• Concentrated animal feeding operations (CAFO) 

This is by no means a comprehensive list of business operations that will require a permit. To know whether you need a permit for any given purpose, you will need a blend of an environmental consultant’s technical expertise with environmental counsel’s legal expertise.

At McPherson Law Firm PLLC, we manage ongoing relationships with environmental consultants across Texas in order to better assist our clients and help them successfully navigate the permit process.

Understanding Waste and Air Permit Laws in Texas

The legal landscape for environmental regulation in Texas is primarily governed by two major statutes: the Texas Clean Air Act (Chapter 382 of the Health and Safety Code) and the Texas Solid Waste Disposal Act (Chapter 361). These laws delegate authority to the TCEQ to manage air quality and waste streams through a "labyrinthine" permitting system.

Air Quality Authorizations

In Texas, virtually all sources of air contaminants must be authorized before construction begins. The state utilizes a tiered permitting system based on the volume and type of emissions:

• Permits by Rule (PBR): These are for facilities that produce insignificant amounts of air contaminants. While they are "simpler," recent policy shifts have made PBRs for certain activities, such as flaring in oil and gas operations, significantly more complex to register.
• Standard Permits: These are pre-written permits for specific industries (like concrete batch plants or sawmills) that meet defined criteria.
• New Source Review (NSR) Permits: These are required for larger facilities or those that do not fit the PBR or Standard Permit criteria. They involve a detailed technical review and often require public notice.
• Title V Operating Permits: These are federal permits required for "major sources" that have the potential to emit significant quantities of regulated pollutants.

Waste Management Compliance

Waste regulation is divided between Municipal Solid Waste (MSW) and Industrial and Hazardous Waste (IHW). Under the Texas Solid Waste Disposal Act, any entity that generates, transports, or disposes of waste must adhere to strict "cradle-to-grave" tracking. This includes performing formal "Waste Determinations" to classify materials as hazardous or non-hazardous. 

Texas waste and air compliance requires identifying your generator status (Very Small, Small, or Large Quantity Generator), as this status dictates the frequency of your reporting and the stringency of your storage and disposal protocols.