Sec. 382.0543. REVIEW AND RENEWAL OF FEDERAL OPERATING PERMIT. (a) In accordance with Section 382.0541(a)(5), a federal operating permit issued or renewed by the commission is subject to review at least every five years after the date of issuance to determine whether the authority to operate should be renewed.
(b) The commission by rule shall establish:
(1) the procedures for notifying a permit holder that the permit is scheduled for review in accordance with this section;
(2) a deadline by which the holder of a permit must submit an application for renewal of the permit that is between the date six months before expiration of the permit and the date 18 months before expiration of the permit;
(3) the general requirements for an application; and
(4) the procedures for reviewing and acting on a renewal application.
(c) The commission promptly shall provide to the applicant notice of whether the application is complete. Unless the commission requests additional information or otherwise notifies the applicant that the application is incomplete before the 61st day after the commission receives an application, the application shall be deemed complete.
(d) The commission shall take final action on a renewal application for a federal operating permit within 18 months after the date an application is determined to be administratively complete. If the commission does not act on an application for permit renewal within 18 months after the date on which the commission receives an administratively complete application, a person who participated in the public participation process or a person affected by the commission's failure to act may obtain judicial review under Section 382.032 at any time before the commission takes final action.
(e) In determining whether and under which conditions a permit should be renewed, the commission shall consider:
(1) all applicable requirements in Section 382.0542(a)(3); and
(2) whether the federal source is in compliance with this chapter and the terms of the existing permit.
(f) The commission shall impose as terms and conditions in a renewed federal operating permit any applicable requirements under Title V of the federal Clean Air Act (42 U.S.C. Sections 7661-7661f). The terms or conditions of the renewed permit must provide for compliance with any applicable requirement under Title V of the federal Clean Air Act (42 U.S.C. Sections 7661-7661f). The commission may not impose requirements less stringent than those of the existing permit unless the commission determines that a proposed change will meet the requirements of Section 382.0541.
(g) If the applicant submits a timely and complete application for federal operating permit renewal, but the commission fails to issue or deny the renewal permit before the end of the term of the previous permit:
(1) all terms and conditions of the permit shall remain in effect until the renewal permit has been issued or denied; and
(2) the applicant may continue to operate until the permit renewal application is issued or denied, if the applicant submits additional information that is requested in writing by the commission that the commission needs to process the application on or before the time specified in writing by the commission.
(h) This section does not affect the commission's authority to begin an enforcement action under Sections 382.082-382.084.
Added by Acts 1993, 73rd Leg., ch. 485, Sec. 13, eff. June 9, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.167, eff. Sept. 1, 1995.
Structure Texas Statutes
Title 5 - Sanitation and Environmental Quality
Section 382.051. Permitting Authority of Commission; Rules
Section 382.05101. De Minimis Air Contaminants
Section 382.05102. Permitting Authority of Commission; Greenhouse Gas Emissions
Section 382.0511. Permit Consolidation and Amendment
Section 382.0512. Modification of Existing Facility
Section 382.0513. Permit Conditions
Section 382.0514. Sampling, Monitoring, and Certification
Section 382.0515. Application for Permit
Section 382.05155. Expedited Processing of Application
Section 382.0516. Notice to State Senator, State Representative, and Certain Local Officials
Section 382.0517. Determination of Administrative Completion of Application
Section 382.0518. Preconstruction Permit
Section 382.05181. Permit Required
Section 382.05182. Notice of Shutdown
Section 382.05183. Existing Facility Permit
Section 382.05184. Small Business Stationary Source Permit
Section 382.05185. Electric Generating Facility Permit
Section 382.05186. Pipeline Facilities Permits
Section 382.051865. Stationary Natural Gas Engines Used in Combined Heating and Power System
Section 382.051866. Emissions Reductions Incentives Account
Section 382.0519. Voluntary Emissions Reduction Permit
Section 382.05191. Emissions Reduction Permits: Notice and Hearing
Section 382.05192. Review and Renewal of Emissions Reduction and Multiple Plant Permits
Section 382.05193. Emissions Permits Through Emissions Reduction
Section 382.05194. Multiple Plant Permit
Section 382.05195. Standard Permit
Section 382.05196. Permits by Rule
Section 382.051961. Permit for Certain Oil and Gas Facilities
Section 382.051964. Aggregation of Facilities
Section 382.05197. Multiple Plant Permit: Notice and Hearing
Section 382.05198. Standard Permit for Certain Concrete Plants
Section 382.05199. Standard Permit for Certain Concrete Batch Plants: Notice and Hearing
Section 382.052. Permit to Construct or Modify Facility Within 3,000 Feet of School
Section 382.054. Federal Operating Permit
Section 382.0541. Administration and Enforcement of Federal Operating Permit
Section 382.0542. Issuance of Federal Operating Permit; Appeal of Delay
Section 382.0543. Review and Renewal of Federal Operating Permit
Section 382.055. Review and Renewal of Preconstruction Permit
Section 382.056. Notice of Intent to Obtain Permit or Permit Review; Hearing
Section 382.0561. Federal Operating Permit: Hearing
Section 382.0562. Notice of Decision
Section 382.0563. Public Petition to the Administrator
Section 382.0564. Notification to Other Governmental Entities
Section 382.0565. Clean Coal Project Permitting Procedure
Section 382.0566. Advanced Clean Energy Project Permitting Procedure
Section 382.061. Delegation of Powers and Duties
Section 382.062. Application, Permit, and Inspection Fees
Section 382.0621. Operating Permit Fee
Section 382.0622. Clean Air Act Fees
Section 382.063. Issuance of Emergency Order Because of Catastrophe
Section 382.064. Initial Application Date
Section 382.065. Certain Locations for Operating Concrete Crushing Facility Prohibited
Section 382.066. Shipyard Facilities
Section 382.068. Poultry Facility Odor; Response to Complaints