Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003 Page: 2,914
2821-2988 p. ; 28 cm.View a full description of this periodical.
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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 amendments implement 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.
116.313. Renewal Application Fees.
(a) (No change.)
(b) Fees are due and payable at the time the renewal applica-
tion is filed. No fee will be accepted before the permit holder has been
notified by the commission that the permit is scheduled for review. All
permit review fees shall be remitted by check, certified check, elec-
tronic funds transfer, or money order payable to the Texas Commission
on Environmental Quality (TCEQ) and mailed to the TCEQ, P.O. Box
13088, MC 214, Austin, Texas 78711-3088 [78711-3087]. Required
fees must be received before the agency will consider an application to
be complete.
116.315. Permit Renewal Submittal.
(a) An application for renewal must be submitted at least six
months, but no earlier than 18 months, [90 days] prior to expiration of
the permit or the permit will expire. This subsection willbe effective on
February 1, 2004 [The executive director may extend the time period
for submitting an applieation].
(b) Withexecutivedirectorapproval, theapplicationmaybe sub-
mittedbefore orafterthetimeperiod specifiedin subsection (a) ofthis sec-
tion.
(c) [(6)] Any permit issued:
(1) before December 1, 1991, is subject for review 15 years
after the date of issuance;
(2) on or after December 1, 1991, is subject for review ev-
ery ten years after the date of issuance.
(3) at non-federal sources on or after December 1, 1991,
may, for cause, contain a provision requiring renewal between five and
ten years.
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-200301874
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) 239-5017SUBCHAPTER G. FLEXIBLE PERMITS
30 TAC 116.715
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 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.
116.715. General and Special Conditions.
(a) - (b) (No change.)
(c) The following general conditions shall be applicable to ev-
ery flexible permit.
(1) [Voiding of permit A flexible permit or flexible permit
amendment under this subchapter is automatically void if the holder
fails to complete construction as specified in the flexible permit Upon
request* the executive direeter may grant a onie time 4-2-month exten-
sien of the date to complete eonstmction.] This section does not apply
to physical or operational changes allowed without an amendment un-
der 116.721 of this title (relating to Amendments and Alterations).
(2) - (8) (No change.)28 TexReg 2914 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/m1/93/: accessed June 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.