(a) In order to be granted a positive use determination,
a political subdivision shall submit to the executive director:
(1) a Texas Commission on Environmental Quality application
form or a similar reproduction; and
(2) the appropriate fee, under §18.30 of this
title (relating to Application Fees).
(b) An application must be submitted for each permit
requirement for which pollution control property has been or will
be installed.
(c) The application shall contain at least the following:
(1) the anticipated environmental benefits from the
installation of the pollution control property for the control of
air, water, or land pollution, except for applications containing
only equipment on the Expedited Review List located in §18.26
of this title (relating to Expedited Review List);
(2) the estimated cost of the pollution control property,
where the cost includes not only the cost of the specific property,
but also any costs related to the installation or construction of
the property;
(3) the permit requirement being met by the installation
of such facility, device, or method, and the proportion of the installation
that is pollution control property;
(4) a copy of the permit that is being met or exceeded
by the use, installation, construction, or acquisition of the pollution
control property;
(5) if the installation includes property that is not
used wholly for the control of air, water, or land pollution, and
is not on the Tier I Table or is property that is listed on the Expedited
Review List, a worksheet showing the calculation of the partial determination,
and explaining each of the variables; and
(6) any information that the executive director deems
reasonably necessary to determine the eligibility of the application.
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