Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003 Page: 2,911
2821-2988 p. ; 28 cm.View a full description of this periodical.
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powers and duties under the TWC; and under TCAA, 382.017,
concerning Rules, which authorizes the commission to adopt
rules consistent with the policy and purposes of the TCAA.
The amendment is also proposed under TCAA, 382.002,
concerning Policy and Purpose, which establishes the com-
mission's purpose to safeguard the state's air resources,
consistent with the protection of public health, general welfare,
and physical property; 382.011, concerning General Powers
and Duties, which authorizes the commission to control the
quality of the state's air; 382.012, concerning State Air Control
Plan, which authorizes the commission to develop a general,
comprehensive plan for control of the state's air; 382.016,
concerning Monitoring Requirements, Examination of Records,
which authorizes the commission to prescribe reasonable
requirements for the measuring and monitoring of emissions of
air contaminants; 382.051, concerning Permitting Authority of
Commission Rules, which authorizes the commission to issue
permits for the construction of a new facility or modification of
an existing facility; 382.0513, concerning Permit Conditions,
which authorizes the commission to establish and enforce per-
mit conditions; 382.0515, concerning Application for Permit,
which authorizes the commission to require a permit application
with plans and specifications necessary for the commission to
determine if the facility will comply with applicable state and
federal regulations and the intent of the TCAA; 382.0517,
concerning Determination of Administrative Completion of Appli-
cation, which authorizes the commission to determine when an
application is administratively complete; 382.0518, concerning
Preconstruction Permit, which requires persons planning the
construction or modification of a facility to obtain a permit from
the commission; and 382.061, concerning Application, Permit,
and Inspection Fees, which requires the commission to adopt,
charge, and collect fees for each application for a permit or
renewal of a permit.
The proposed amendment implements TWC, 5.103 and
5.105; and TCAA, 382.002, 382.011, 382.012, 382.016,
382.051, 382.0513, 382.0515, 382.0517, 382.0518, and
382.061.
116.143. Payment of Fees.
All permit fees will be remitted in the form of a check, certified check,
electronic funds transfer, or money order made payable to the Texas
Commission on Environmental Quality (TCEQ) or TCEQ and deliv-
ered with the application for permit or amendment to the TCEQ, P.O.
Box 13088, MC 214, Austin, Texas 78711-3088 [78711 3087]. Fees
must be paid at the time an application for a permit or amendment is sub-
mitted. Applications will not be considered for review nor will any time
constraints required of TCEQ for application processing begin until afee
is received [Required fees must be received before the agency will be-
gin examination of the application].
(1) (No change.)
(2) Return of fees. [Fees must be paid at the time an appli-
cation for a permit or amendment is submitted. If no permit or amend-
ment is issued by the agency or if the applicant withdraws the appli-
eation prior to issuance of the permit or amendment, one-half of the
fee will be refunded except that the entire fee will be refunded for any
such application for which an exemption under Chapter 146 f this title
(relating to Exemptions from Permitting) is allowed.] No fees will be
refunded after a deficient application has been voided or after a permit
or amendment has been issued by the agency. Fees will bereturnedun-
derthe following conditions.(A) If no permit or amendment is issued by the agency or
iftheapplicantwithdrawstheapplicationpriortoissuanceofthepermitor
amendment, one-half of the fee will be refunded.
(B) The fee difference will be refunded if a permit appli-
cation is withdrawn because the proposed construction or modification is
determined to meet the requirements of:
(i) a standardpermitissuedunder SubchapterFofthis
chapter (relating to Standard Permits);
(ii) apermitby rule under Chapter 106ofthistitle(re-
lating to Permits by Rule); or
(iii) the conditions of 116.119 of this title (relating to
DeMinimis Facilities or Sources).
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on March 21, 2003.
TRD-200301870
Stephanie Bergeron
Director, Environmental Law Division
Texas Commission on Environmental Quality
Earliest possible date of adoption: May 4, 2003
For further information, please call: (512) 239-5017
DIVISION 5. NONATTAINMENT REVIEW
30 TAC 116.150
STATUTORY AUTHORITY
The amendment is proposed under TWC, 5.103, concerning
Rules, and 5.105, concerning General Policy, which authorize
the commission to adopt rules necessary to carry out its
powers and duties under the TWC; and under TCAA, 382.017,
concerning Rules, which authorizes the commission to adopt
rules consistent with the policy and purposes of the TCAA.
The amendment is also proposed under TCAA, 382.002,
concerning Policy and Purpose, which establishes the com-
mission's purpose to safeguard the state's air resources,
consistent with the protection of public health, general welfare,
and physical property; 382.011, concerning General Powers
and Duties, which authorizes the commission to control the
quality of the state's air; 382.012, concerning State Air Control
Plan, which authorizes the commission to develop a general,
comprehensive plan for control of the state's air; 382.016,
concerning Monitoring Requirements, Examination of Records,
which authorizes the commission to prescribe reasonable
requirements for the measuring and monitoring of emissions of
air contaminants; 382.051, concerning Permitting Authority of
Commission Rules, which authorizes the commission to issue
permits for the construction of a new facility or modification of
an existing facility; 382.0513, concerning Permit Conditions,
which authorizes the commission to establish and enforce per-
mit conditions; 382.0515, concerning Application for Permit,
which authorizes the commission to require a permit application
with plans and specifications necessary for the commission to
determine if the facility will comply with applicable state and
federal regulations and the intent of the TCAA; 382.0517,
concerning Determination of Administrative Completion of Ap-
plication, which authorizes the commission to determine when
an application is administratively complete; and 382.0518,PROPOSED RULES April 4, 2003 28 TexReg 2911
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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/m1/90/: accessed June 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.