| (a) Authorizations to operate under general operating
permits shall expire no later than five years from the date of the
initial authorization to operate or renewal of the authorization to
operate.
(b) The executive director shall provide written notice
to the permit holder that the authorization to operate under the general
operating permit is scheduled for review.
(1) The notice will be provided by mail or electronic
communication no later than 12 months before the expiration of the
authorization to operate under the general operating permit.
(2) The notice shall specify the procedure for submitting
a renewal application.
(3) Failure to receive notice does not affect the expiration
date of the authorization or the requirement to submit a timely and
complete application.
(c) A renewal application shall be submitted by the
permit holder to the executive director at least six months, but no
earlier than 18 months, before the date of expiration of the authorization
to operate under the general operating permit.
(d) The executive director shall grant a request for
a renewal of an authorization to operate under a general operating
permit to applicants who submit a complete application under §122.243
of this title (relating to Permit Renewal Procedures) and who qualify
for the general operating permit.
(e) Expiration of the authorization to operate terminates
the permit holder's right to operate unless a timely and complete
renewal application has been submitted. After a timely and complete
renewal application is submitted, the permit holder may continue to
operate under the terms and conditions of the previous authorization
to operate until the new authorization to operate is granted or denied.
(f) In determining whether and under what conditions
an authorization to operate under a general operating permit should
be renewed, the executive director shall consider the following:
(1) whether the general operating permit, in conjunction
with the general operating permit application, provides for compliance
with all applicable requirements and an accurate listing of state-only
requirements; and
(2) the site's compliance status with this chapter
and the terms and conditions of the existing permit.
(g) The executive director shall make a copy of the
renewal application, general operating permit, and any required notices
accessible to the United States Environmental Protection Agency.
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| Source Note: The provisions of this §122.505 adopted to be effective November 10, 1997, 22 TexReg 10677; amended to be effective September 4, 2000, 25 TexReg 8688; amended to be effective November 22, 2018, 43 TexReg 7548 |
