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RULE §18.10Application for Use Determination

(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.

Source Note: The provisions of this §18.10 adopted to be effective February 7, 2008, 33 TexReg 943; amended to be effective August 28, 2014, 39 TexReg 6488

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