The Texas Commission on Environmental Quality (TCEQ) proposes amending Title 30 of the Texas Administrative Code (30 TAC) Chapter 101 to allow expedited processing of applications. The proposed rule will apply to owners and operators that filed applications under 30 TAC Chapters 106 (Permits by Rule), 116 (Control of Air Pollution by Permits for New Construction or Modification), and 122 (Federal Operating Permits) given that the applicant has demonstrated the application benefits the economy of Texas. Approval of expedited processing will be subject to TCEQ's available permit resources and may include the use of overtime or contract labor to process expedited applications. TCEQ's executive director may add a surcharge, which will vary based on the type and complexity of the application, in an amount sufficient to cover the expenses incurred during the expedited permitting process. The rule allows TCEQ to collect additional surcharge(s) above the original surcharge amount and to refund any unused portion of the surcharge(s). The rule establishes that expediting and approval of applications will not be granted for until payments of all surcharges have been received by TCEQ. Owners and operators are not exonerated from complying with all applicable federal and state requirements including public notice requirements.
TCEQ will hold a public hearing on this proposal in Austin on June 24, 2014, with comment period closing on June 30, 2014. TCEQ anticipates the rule will be adopted on October 22, 2013. To inquire about the submittal of comments or for further information, contact Trinity Consultants at (800) 229-6655.