Regulatory Text: 
                   SUBCHAPTER B : NEW SOURCE REVIEW PERMITS

                            DIVISION 4 : PERMIT FEES

Outline:
§116.140.  Applicability.
§116.141.  Determination of Fees.
§116.143.  Payment of Fees.


§116.140.  Applicability.
As adopted by TNRCC June 17, 1998, effective July 8, 1998.
Approved by EPA September 18, 2002 (67 FR 58697) effective October 18, 2002.


     Any person who applies for a permit to construct a new facility or to modify an existing facility, or for an amendment to an existing permit under §116.110 of this title (relating to Applicability) shall remit, at the time of application for such permit, a fee based on the estimated capital cost of the project.  The fee will be determined as set forth in §116.141 of this title (relating to Determination of Fees).  Fees will not be charged for permit alterations, amendments to special permits, site approvals for permitted portable facilities, changes of ownership, or changes of location of permitted facilities.

********************end tx 116.140 adopted 06/17/98******ecxi*****cxr**


§116.141.  Determination of Fees.
As adopted by TNRCC June 17, 1998, effective July 8, 1998.
Approved by EPA September 18, 2002 (67 FR 58697) effective October 18, 2002.


     (a)  The estimated capital cost of the project is the estimated total cost of the equipment and services that would normally be capitalized according to standard and generally accepted corporate financing and accounting procedures.

     (b)  The following fee schedule shall be used by a permit applicant to determine the fee to be remitted with a permit application.

          (1)  If the estimated capital cost of the project is less than $300,000 or if the project consists of new facilities controlled and operated directly by the federal government and the federal regulations for Prevention of Significant Deterioration (PSD) Review do not apply, the fee is $450.  The provisions of subsections (c) and (d) of this section do not apply to a project consisting of new facilities controlled and operated directly by the federal government.

          (2)  If the estimated capital cost of the project is $300,000 or more and the PSD regulations do not apply, the fee is 0.15% of the estimated capital cost of the project.  The maximum fee is $75,000.  For determination of fees for projects applicable to PSD regulations, see §116.163 of this title (relating to Prevention of Significant Deterioration Permit Fees).

     (c)  If the estimated capital cost of the project is less than $50 million, the permit applicant shall include a certification that the estimated capital cost of the project is correct.  Certification of the estimated capital cost of the project may be spot-checked and evaluated for reasonableness during permit processing.  The reasonableness of project capital cost estimates used as a basis for permit fees shall be determined by the extent to which such estimates include fair and reasonable estimates of the capital value of the direct and indirect costs listed as follows.

          (1)  Direct costs are as follows:

               (A)  process and control equipment not previously owned by the applicant and not currently authorized under this chapter;

               (B)  auxiliary equipment, including exhaust hoods, ducting, fans, pumps, piping, conveyors, stacks, storage tanks, waste-disposal facilities, and air pollution control equipment specifically needed to meet permit and regulation requirements;

               (C)  freight charges;

               (D)  site preparation (including demolition), construction of fences, outdoor lighting, road, and parking areas;

               (E)  installation (including foundations), erection of supporting structures, enclosures or weather protection, insulation and painting, utilities and connections, process integration, and process control equipment;

               (F)  auxiliary buildings, including materials storage, employee facilities, and changes to existing structures;

               (G)  ambient air monitoring network.

          (2)  Indirect costs are as follows:

               (A)  final engineering design and supervision, and administrative overhead;

               (B)  construction expense (including construction liaison), securing local building permits, insurance, temporary construction facilities, and construction clean-up;

               (C)  contractor's fee and overhead.

     (d)  A fee of $75,000 shall be required if no estimate of capital project cost is included with a permit application.

     (e)  An applicant for a permit or permit amendment not involving any capital expenditure shall be required to remit the minimum permit fee of $450.

********************end tx 116.141 adopted 06/17/98******ecxi*****cxr**



§116.143.  Payment of Fees.
As adopted by TNRCC June 17, 1998, effective July 8, 1998.
Approved by EPA September 18, 2002 (67 FR 58697) effective October 18, 2002.


     All permit fees will be remitted in the form of a check or money order made payable to the Texas Natural Resource Conservation Commission or TNRCC and delivered with the application for permit or amendment to the TNRCC, P. O. Box 13088, MC 214, Austin, Texas 78711-3088.  Required fees must be received before the agency will begin examination of the application.

     (1)  Single fee.  The executive director shall charge only one fee for multiple permits issued for one project if it is determined that the following conditions are met:

          (A)  all the component or separate processes being permitted are integral or related to the overall project;

          (B)  the project is under continuous construction of the component parts;

          (C)  the permitted facilities are to be located on the same or contiguous property; and

          (D)  applications for all permits for the project must be submitted at the same time.

     (2)  Return of fees.  Fees must be paid at the time an application for a permit or amendment is submitted.  If no permit or amendment is issued by the agency or if the applicant withdraws the application prior to issuance of the permit or amendment, one-half of the fee will be refunded except that the entire fee will be refunded for any such application for which an exemption under Chapter 106 of this title (relating to Exemptions from Permitting) is allowed.  No fees will be refunded after a deficient application has been voided or after a permit or amendment has been issued by the agency.

********************end tx 116.143 adopted 06/17/98******ecxi*****cxr**