|(a) Review schedule. The executive director shall review
permit applications in accordance with the following.
(1) Notice of completion or deficiency. The executive
director shall mail written notification informing the applicant that
the application is complete or that it is deficient within 90 days
of receipt of the application for a new permit, or amendment to a
permit or special permit.
(A) If the application is deficient, the notification
(i) the additional information required; and
(ii) the intent of the executive director to void the
application if information for a complete application is not submitted.
(B) Additional information may be requested within
60 days of receipt of the information provided in response to the
(2) Preliminary decision to approve or disapprove the
application. The executive director shall conduct a technical review
and send written notice to the applicant of the preliminary decision
to approve or not approve the application within 180 days from receipt
of a completed permit application or 150 days from receipt of a completed
permit amendment. If the applicant has provided Notice of Receipt
of Application and Intent to Obtain Permit public notification as
required by the executive director under Chapter 39 of this title
(relating to Public Notice), one of the following shall apply:
(A) if comments are received on the proposed facility
and replied to by the executive director in accordance with §39.420
of this title (relating to Transmittal of the Executive Director's
Response to Comments and Decision) and §55.156 of this title
(relating to Public Comment Processing); and
(B) if no requests for public hearing or public meeting
on the proposed facility have been received or the application is
otherwise exempt under §39.419(e) of this title (relating to
Notice of Application and Preliminary Decision), the executive director
shall send a copy of the Preliminary Decision to the applicant; or
(C) if Notice of Application and Preliminary Decision
is required under §39.419(e) of this title, the executive director
shall authorize this notice and send copies to the applicant and all
other persons are required under §39.602 of this title (relating
to Mailed Notice).
(3) Review schedule for Advanced Clean Energy Projects.
In addition to the applicable requirements and deadlines specified
in subsections (a) - (c) of this section, the following deadlines
apply to permit applications for advanced clean energy projects as
defined in Texas Health and Safety Code, §382.003, Definitions:
(A) As authorized by federal law, not later than nine
months after the executive director declares an application for a
permit under this chapter for an advanced clean energy project to
be administratively complete, the executive director shall complete
its technical review of the application.
(B) The commission shall issue a final order issuing
or denying the permit not later than nine months after the executive
director declares the application technically complete. The commission
may extend this deadline up to three months if it determines that
the number of complex pending applications for permits under this
chapter will prevent the commission from meeting this deadline without
creating an extraordinary burden on the resources of the commission.
(4) Refund of permit fee.
(A) If the time limits provided in this section to
process an application are exceeded, the applicant may appeal in writing
to the executive director for a refund of the permit fee.
(B) The permit fee shall be reimbursed if it is determined
by the executive director that the specified period was exceeded without
good cause, as provided in Texas Civil Statutes, Article 6252-13b.1, §3.
(b) Voiding of deficient application.
(1) An applicant shall make a good faith effort to
submit, in a timely manner, adequate information which demonstrates
that the requirements for obtaining a permit or permit amendment are
met in response to any deficiency notification issued by the executive
director under the provisions of this section, or Chapter 39 of this
(2) If an applicant fails to make such good faith effort
after two written notices of deficiency, the executive director shall
void the application and notify the applicant of the voidance and
the remaining deficiencies in the voided application. If a new application
is submitted within six months of the voidance, it shall meet the
requirements of §116.111 of this title (relating to General Application)
but will be exempt from the requirements of §116.140 of this
title (relating to Applicability).
(c) Notification of executive director's decision.
(1) Notification to applicant. The executive director
or the chief clerk shall send to the applicant the decision to approve
or not approve the application if:
(A) no timely requests for reconsideration, contested
case hearing, or public meeting on the proposed facility have been
(B) if hearing requests have been received and withdrawn
before the executive director's Preliminary Decision; or
(C) the application is for any amendment, modification,
or renewal application that would not result in an increase in allowable
emissions and would not result in the emission of an air contaminant
not previously emitted; and
(D) the applicant has satisfied all public notification
requirements of Chapter 39 of this title.
(2) Notification to commenters. Persons submitting
written comments under Chapter 39 of this title shall be sent the
executive director's final action and given an explanation of the
opportunity to file a motion under §50.139 of this title (relating
to Motion to Overturn Executive Director's Decision) at the same time
that the applicant is notified. If the number of interested persons
who have requested notification makes it impracticable for the commission
to notify those persons by mail, the commission shall notify those
persons by publication using the method prescribed by Texas Health
and Safety Code, §382.031(a).
(3) Time limits. The executive director shall send
notification of final action within:
(A) one year after receipt of a complete prevention
of significant deterioration or nonattainment permit application,
or a complete permit application for an action under Subchapter C
of this chapter (relating to Plant-Wide Applicability Limits);
(B) 180 days of receipt of a completed permit or permit
renewal application; or
(C) 150 days of receipt of a permit amendment or special
permit amendment application.
|Source Note: The provisions of this §116.114 adopted to be effective July 8, 1998, 23 TexReg 6973; amended to be effective September 23, 1999, 24 TexReg 8296; amended to be effective September 14, 2003, 28 TexReg 7763; amended to be effective January 10, 2008, 33 TexReg 190; amended to be effective June 24, 2010, 35 TexReg 5331; amended to be effective November 22, 2018, 43 TexReg 7540