Texas Administrative Code
Title 30 - ENVIRONMENTAL QUALITY
Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 50 - ACTION ON APPLICATIONS AND OTHER AUTHORIZATIONS
Subchapter F - ACTION BY THE COMMISSION
Section 50.113 - Applicability and Action on Application
Universal Citation: 30 TX Admin Code § 50.113
Current through Reg. 50, No. 13; March 28, 2025
(a) Applicability. This subchapter applies to applications that are declared administratively complete on or after September 1, 1999.
(b) This chapter does not create a right to a contested case hearing where the opportunity for a contested case hearing does not exist under other law.
(c) After the deadline for filing a request for reconsideration or contested case hearing under § 55.201 of this title (relating to Requests for Reconsideration or Contested Case Hearing), the commission may act on an application without holding a contested case hearing or acting on a request for reconsideration, if:
(1) no
timely request for reconsideration or hearing has been received;
(2) all timely requests for reconsideration
or hearing have been withdrawn, or have been denied by the
commission;
(3) a judge has
remanded the application because of settlement; or
(4) for applications under Texas Water Code,
Chapters 26 and 27 and Texas Health and Safety Code, Chapters 361 and 382, the
commission finds that there are no issues that:
(A) involve a disputed question of
fact;
(B) were raised during the
public comment period; and
(C) are
relevant and material to the decision on the application.
(d) Without holding a contested case hearing, the commission may act on:
(1)
an application for any air permit 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;
(2) an application for any
initial issuance of an air permit for an electric generating
facility;
(3) an application for a
hazardous waste permit renewal under § 305.631(a)(8) of this title
(relating to Renewal);
(4) an
application for a wastewater discharge permit renewal or amendment under Texas
Water Code, §
26.028(d),
unless the commission determines that an applicant's compliance history as
determined under Chapter 60 of this title (relating to Compliance History)
raises issues regarding the applicant's ability to comply with a material term
of its permit;
(5) an application
for a Class I injection well permit used only for the disposal of nonhazardous
brine produced by a desalination operation or nonhazardous drinking water
treatment residuals under Texas Water Code, §
27.021, concerning Permit
for Disposal of Brine from Desalination Operations or of Drinking Water
Treatment Residuals in Class I Injection Wells;
(6) the issuance, amendment, renewal,
suspension, revocation, or cancellation of a general permit, or the
authorization for the use of an injection well under a general permit under
Texas Water Code, §
27.023, concerning General
Permit Authorizing Use of Class I Injection Well to Inject Nonhazardous Brine
from Desalination Operations or Nonhazardous Drinking Water Treatment
Residuals;
(7) an application for a
permit, registration, license, or other type of authorization required to
construct, operate, or authorize a component of the FutureGen project as
defined in §
91.30 of this title (relating to
Definitions), if the application was submitted on or before January 1, 2018;
and
(8) other types of applications
where a contested case hearing request has been filed but no opportunity for
hearing is provided by law.
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