Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003 Page: 2,906
2821-2988 p. ; 28 cm.View a full description of this periodical.
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extension is available to the holder on request. The commis-
sion is proposing that another extension of up to 18 months be
made available for permit holders whose project has been de-
layed through litigation. The commission would also consider
other circumstances for an extension if the permit holder meets
certain conditions. Additionally, the permit holder would have
to spend 15% of the cost of the project in preparation for con-
struction. The median range of cost for NSR projects is $8 to $9
million. Fifteen percent of these figures is $1.2 million and $1.35
million, respectively.
PUBLIC BENEFITS AND COSTS
Mr. Davis has also determined that for each year of the first five
years the proposed rules are in effect, the public benefit antic-
ipated from enforcement of and compliance with the proposed
rules will be more consistent application of emission credits and
offsets, and more timely NSR application submissions and re-
ceipt of application fees.
The total number of sites with existing NSR permits is ap-
proximately 8,000, the majority of which are large industrial
businesses. The commission currently processes approxi-
mately 1,200 new NSR permits, 350 NSR permit amendments,
and 100 NSR permit renewals annually, the majority of which
are submitted by industry. Of the total number of applications
processed, approximately 115 are voided by the commission
and sent back to the applicant for further processing. These
proposed rules would not require additional emission controls
or new capital expenses, and would not change existing permit
application fee rates.
The proposed rules would require that emission reductions used
as emission offsets be certified in the same manner that exists for
emission credits. Additionally, the proposed rules would require
existing emission reductions to be certified and banked as offsets
by September 1, 2004, specify conditions under which permit
fees may be refunded, specify a time period for the submission
of permit renewal applications, and specify which fee schedule
will apply to permit renewals.
The proposed rules would also implement updated requirements
for applicants that have NSR permit applications voided by the
commission. The proposed rules would require the commission
to notify an applicant of the voidance and provide specific de-
tails concerning the application deficiencies. An applicant with
a voided NSR permit application would be required to submit a
new application and repeat the public notification process. The
costs for public notice vary significantly depending on the loca-
tion of the facility and its proximity to large metropolitan areas.
The commission estimates the total cost for public notice will
range from $700 to $4,000 per NSR application.
This proposal would waive application fees for applicants who
have had applications voided and who reapply within six months.
If they do not reapply during that period, the commission would
require the submission of the full application fee. The fee is .3%
of the estimated capital cost of the project starting with the min-
imum fee of $900 up to the statutory maximum of $75,000.
Persons who have been issued an NSR permit currently have 18
months to begin construction of the project. A one time 18-month
extension is available to the holder on request. The commis-
sion is proposing that another extension of up to 18 months be
made available for permit holders whose project has been de-
layed through litigation. The commission would also consider
other circumstances for an extension if the permit holder has
spent 15% of the cost of the project. The median range of costfor NSR projects is $8 to $9 million. Fifteen percent of these fig-
ures is $1.2 million and $1.35 million, respectively.
SMALL BUSINESS AND MICRO-BUSINESS ASSESSMENT
There may be adverse fiscal implications, which are not antic-
ipated to be significant, for small and micro-businesses due to
implementation of the proposed rules, which are intended to
make procedural changes to NSR permit application require-
ments. The commission anticipates there will be additional fis-
cal implications for only those small and micro-businesses with a
voided NSR permit application that would be required to submit
a new application and repeat the public notification process.
The total number of sites with existing NSR permits is approx-
imately 8,000, a small number of which may be small or mi-
cro-businesses. The commission currently processes approxi-
mately 1,200 new NSR permits, 350 NSR permit amendments,
and 100 NSR permit renewals annually, a small number of which
may be submitted by small or micro-businesses that would be af-
fected by the proposed rules. Of the total number of applications
processed, approximately 115 are voided by the commission and
sent back to the applicant for further processing.
This rulemaking would require the commission to notify an appli-
cant of the voidance and provide specific details concerning the
application deficiencies. An applicant with a voided NSR per-
mit application would be required to submit a new application
and repeat the public notification process. The costs for public
notice vary significantly depending on the location of the facility
and its proximity to large metropolitan areas. The commission
estimates the total cost for public notice will range from $700 to
$4,000 per NSR application.
This proposal would waive application fees for applicants who
have had applications voided and who reapply within six months.
If they do not reapply during that period, the commission would
require the submission of the full application fee. The fee is .3%
of the estimated capital cost of the project starting with the min-
imum fee of $900 and the statutory maximum of $75,000.
The following is an analysis of the potential additional costs per
employee for small or micro-businesses affected by the proposed
rules. Small and micro-businesses are defined as having fewer
than 100 or 20 employees, respectively. A small business which
has to go through the public notification process due to a voided
NSR permit application would pay an average of between ap-
proximately $700 to $4,000 per notice or $7.00 to $40 per em-
ployee, while a micro-business would have to pay an average of
between $35 to $200 per employee to comply with the proposed
rules. Small businesses that do not reapply for a voided permit
within six months would be required to pay application fees. This
cost would vary according to the size of the project, and would
cause an increase in the cost per employee.
Small businesses would also be eligible to apply for the additional
extension of time to begin construction and would be subject to
the same requirement to spend 15% of the cost of the project
in preparation. Small businesses are typically under the median
cost of an NSR project and would be required to spend propor-
tionately less to qualify for the second extension.
LOCAL EMPLOYMENT IMPACT STATEMENT
The commission has reviewed this proposed rulemaking and de-
termined that a local employment impact statement is not re-
quired because the proposed rules do not adversely affect a lo-
cal economy in a material way for the first five years that the
proposed rules are in effect.28 TexReg 2906 April 4, 2003 Texas Register
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Texas. Secretary of State. Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003, periodical, April 4, 2003; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101027/m1/85/: accessed June 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.