Regulatory Text: 
Texas Chapter 116 - Control of Air Pollution by Permits for New Construction or Modification

SUBCHAPTER B: NEW SOURCE REVIEW PERMITS

DIVISION 4: PERMIT FEES
As approved by EPA March 20, 2009 (74 FR 11851) effective May 19, 2009 (TXd101).

Outline:
§116.140.  Applicability. 6-48, TXd34
§116.141.  Determination of Fees. 6-61, TXd101
§116.143.  Payment of Fees. 6-64, TXd101


6B4 §116.140.  Applicability.
As adopted by TNRCC June 17, 1998, effective July 8, 1998 (6-48).
Approved by EPA September 18, 2002 (67 FR 58697) effective October 18, 2002 (TXd434).

     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.

As adopted by TNRCC June 17, 1998, effective July 8, 1998 (6-48).
*************end tx 116.140 approved by epa 09/18/02******TXd34*****cxr**


6B4 §116.141.  Determination of Fees.
6-61: As adopted by TCEQ September 25, 2002 effective October 20, 2002 (6-61).
Submitted to EPA October 4, 2002.
Approved by EPA March 20, 2009 (74 FR 11851) effective May 19, 2009 (TXd101).

     (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 $900. 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 0.30% 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 $900.

Adopted September 25, 2002, Effective October 20, 2002 (6-61).
***end tx 116.141***6-61***EPA-R06-OAR-2005-TX-0026***TX032***TXd101***m6p***


6B4 §116.143.  Payment of Fees.
6-64:As adopted by TCEQ August 20, 2003 effective September 14, 2003 (6-64).
Submitted to EPA September 25, 2003.
Approved by EPA March 20, 2009 (74 FR 11851) effective May 19, 2009 (TXd101).

     All permit fees will be remitted in the form of a check, certified check, electronic funds transfer, or money order made payable to the Texas Commission on Environmental Quality (TCEQ) or TCEQ and delivered with the application for permit or amendment to the TCEQ, P.O. Box 13088, MC 214, Austin, Texas 78711-3088.  Fees must be paid at the time an application for a permit or amendment is submitted.  Applications will not be considered for review nor will any time constraints required of TCEQ for application processing begin until a fee is received. 
          (1)  Single fee. The executive director shall charge only one fee for multiple pennits 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. No fees will be refunded after a deficient application has been voided or after a permit or amendment has been issued by the agency. Fees will be returned under the following conditions. 
               (A)  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. 
               (B)  The fee difference will be refunded if a permit application is withdrawn because the proposed construction or modification is determined to meet the requirements of: 
                    (i)  a standard permit issued under Subchapter F of this chapter (relating to Standard Permits);
                    (ii)  a permit by rule under Chapter 106 of this title (relating to Permits by Rule); or 
                    (iii)  the conditions of §116.119 of this title (relating to De Minimis Facilities or Sources). 

Adopted August 20, 2003, Effective September 14, 2003 (6-64).
***end tx 116.143***6-64***EPA-R06-OAR-2005-TX-0026***TX032***TXd101***m6p***
**************end texas chapter 116 subchapter b division 4***TXd101***m6p***