Tex. Health & Safety Code Section 382.055
Review and Renewal of Preconstruction Permit


(a)

A preconstruction permit issued or renewed by the commission is subject to review to determine whether the authority to operate should be renewed according to the following schedule:

(1)

a preconstruction permit issued before December 1, 1991, is subject to review not later than 15 years after the date of issuance;

(2)

a preconstruction permit issued on or after December 1, 1991, is subject to review:

(A)

every 10 years after the date of issuance; or

(B)

on the filing of an application for an amendment to the permit, if:
(i)
the applicant is subject to Section 382.056 (Notice of Intent to Obtain Permit or Permit Review; Hearing);
(ii)
the application is filed with the commission not more than three years before the date the permit is scheduled to expire; and
(iii)
the applicant does not object to having the permit subjected to review at that time; and

(3)

for cause, a preconstruction permit issued on or after December 1, 1991, for a facility at a nonfederal source may contain a provision requiring the permit to be renewed at a period of between five and 10 years.

(b)

The commission by rule shall establish:

(1)

a deadline by which the holder of a preconstruction permit must submit an application to renew the permit;

(2)

the general requirements for an application for renewal of a preconstruction permit; and

(3)

the procedures for reviewing and acting on renewal applications.

(c)

Not less than 180 days before the date on which the renewal application is due, the commission shall provide written notice to the permit holder, by registered or certified mail or as provided by Subsection (c-1), that the permit is scheduled for review in accordance with this section. The notice must include a description of the procedure for filing a renewal application and the information to be included in the application.

(c-1)

A notice under Subsection (c) may be sent by electronic communication if the commission develops a system that reliably replaces registered or certified mail as a means of verifying receipt of the notice.

(d)

In determining whether and under which conditions a preconstruction permit should be renewed, the commission shall consider, at a minimum:

(1)

the performance of the owner or operator of the facility according to the method developed by the commission under Section 5.754 (Classification and Use of Compliance History), Water Code; and

(2)

the condition and effectiveness of existing emission control equipment and practices.

(e)

The commission shall impose as a condition for renewal of a preconstruction permit only those requirements the commission determines to be economically reasonable and technically practicable considering the age of the facility and the effect of its emissions on the surrounding area. The commission may not impose requirements more stringent than those of the existing permit unless the commission determines that the requirements are necessary to avoid a condition of air pollution or to ensure compliance with otherwise applicable federal or state air quality control requirements. 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 Sections 382.0518 (Preconstruction Permit) and 382.0541 (Administration and Enforcement of Federal Operating Permit).

(f)

On or before the 180th day after the date on which an application for renewal is filed, the commission shall renew the permit or, if the commission determines that the facility will not meet the requirements for renewing the permit, shall:

(1)

set out in a report to the applicant the basis for the commission’s determination; and

(2)

establish a schedule, to which the applicant must adhere in meeting the commission’s requirements, that:

(A)

includes a final date for meeting the commission’s requirements; and

(B)

requires completion of that action as expeditiously as possible.

(g)

If the applicant meets the commission’s requirements in accordance with the schedule, the commission shall renew the permit. If the applicant does not meet those requirements in accordance with the schedule, the applicant must show in a contested case proceeding why the permit should not expire immediately. The applicant’s permit is effective until:

(1)

the final date specified by the commission’s report to the applicant;

(2)

the existing permit is renewed; or

(3)

the date specified by a commission order issued following a contested case proceeding held under this section.

(h)

If the holder of a preconstruction permit to whom the commission has mailed or otherwise sent notice under this section does not apply for renewal of that permit by the date specified by the commission under this section, the permit shall expire at the end of the period described in Subsection (a).

(i)

This section does not affect the commission’s authority to begin an enforcement action under Sections 382.082-382.084.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.11, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 485, Sec. 14, eff. June 9, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 11.167, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 149, Sec. 1, eff. May 19, 1995; Acts 2001, 77th Leg., ch. 965, Sec. 16.14, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 168 (S.B. 1673), Sec. 1, eff. May 22, 2007.
Acts 2017, 85th Leg., R.S., Ch. 381 (H.B. 4181), Sec. 1, eff. September 1, 2017.

Source: Section 382.055 — Review and Renewal of Preconstruction Permit, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­382.­htm#382.­055 (accessed Apr. 20, 2024).

382.001
Short Title
382.002
Policy and Purpose
382.003
Definitions
382.004
Construction While Permit Amendment Application Pending
382.005
Exclusive Jurisdiction to Regulate Greenhouse Gas Emissions and Express Preemption of Local Regulations
382.011
General Powers and Duties
382.012
State Air Control Plan
382.013
Air Quality Control Regions
382.014
Emission Inventory
382.015
Power to Enter Property
382.016
Monitoring Requirements
382.017
Rules
382.018
Outdoor Burning of Waste and Combustible Material
382.019
Methods Used to Control and Reduce Emissions from Land Vehicles
382.020
Control of Emissions from Facilities that Handle Certain Agricultural Products
382.021
Sampling Methods and Procedures
382.022
Investigations
382.023
Orders
382.024
Factors in Issuing Orders and Determinations
382.025
Orders Relating to Controlling Air Pollution
382.026
Orders Issued Under Emergencies
382.027
Prohibition on Commission Action Relating to Air Conditions Existing Solely in Commercial and Industrial Facilities
382.028
Variances
382.029
Hearing Powers
382.030
Delegation of Hearing Powers
382.031
Notice of Hearings
382.032
Appeal of Commission Action
382.033
Contracts
382.034
Research and Investigations
382.035
Memorandum of Understanding
382.036
Cooperation and Assistance
382.037
Notice in Texas Register Regarding National Ambient Air Quality Standards for Ozone
382.040
Documents
382.041
Confidential Information
382.051
Permitting Authority of Commission
382.053
Prohibition on Issuance of Construction Permit for Lead Smelting Plant at Certain Locations
382.054
Federal Operating Permit
382.055
Review and Renewal of Preconstruction Permit
382.056
Notice of Intent to Obtain Permit or Permit Review
382.057
Exemption
382.058
Notice of and Hearing on Construction of Concrete Plant Under Permit by Rule, Standard Permit, or Exemption
382.059
Hearing and Decision on Permit Amendment Application of Certain Electric Generating Facilities
382.061
Delegation of Powers and Duties
382.062
Application, Permit, and Inspection Fees
382.063
Issuance of Emergency Order Because of Catastrophe
382.064
Initial Application Date
382.065
Certain Locations for Operating Concrete Crushing Facility Prohibited
382.066
Shipyard Facilities
382.068
Poultry Facility Odor
382.069
Texas Backup Power Package
382.085
Unauthorized Emissions Prohibited
382.111
Inspections
382.112
Recommendations to Commission
382.113
Authority of Municipalities
382.115
Cooperative Agreements
382.0145
Clean Fuel Incentive Surcharge
382.0161
Air Pollutant Watch List
382.0171
Alternative Fuels and Select-use Technologies
382.0172
International Border Areas
382.0173
Adoption of Rules Regarding Certain State Implementation Plan Requirements and Standards of Performance for Certain Sources
382.0175
Amount of Foreign Emissions in Nonattainment Areas
382.0191
Idling of Motor Vehicle
382.0195
Commercial Infectious Waste Incinerators
382.0201
Prohibition on Commission Rule Relating to Emissions from Certain Hospital or Medical Disinfectants
382.201
Definitions
382.202
Vehicle Emissions Inspection and Maintenance Program
382.203
Vehicles Subject to Program
382.204
Remote Sensing Program Component
382.0205
Special Problems Related to Air Contaminant Emissions
382.205
Inspection Equipment and Procedures
382.206
Collection of Data
382.207
Inspection Stations
382.208
Attainment Program
382.209
Low-income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program
382.210
Implementation Guidelines and Requirements
382.211
Local Advisory Panel
382.212
Emissions Reduction Credit
382.213
Disposition of Retired Vehicle
382.214
Sale of Vehicle with Intent to Defraud
382.0215
Assessment of Emissions Due to Emissions Events
382.215
Sale of Vehicle Not Required
382.0216
Regulation of Emissions Events
382.216
Incentives for Voluntary Participation in Vehicle Emissions Inspection and Maintenance Program
382.218
Required Participation by Certain Counties
382.219
Purchase of Replacement Vehicle
382.220
Use of Funding for Local Initiative Projects
382.0275
Commission Action Relating to Residential Water Heaters
382.0291
Public Hearing Procedures
382.301
Definitions
382.302
Inspection and Maintenance Program
382.0335
Air Control Account
382.401
Alternative Leak Detection Technology
382.451
Development of Federal Greenhouse Gas Reporting Rule
382.452
Voluntary Actions Inventory
382.501
Definitions
382.502
Rules
382.503
Study
382.504
Contract for Necessary Infrastructure and Operation
382.505
Acceptance of Carbon Dioxide for Storage
382.506
Measuring, Monitoring, and Verification
382.507
Ownership of Carbon Dioxide
382.508
Liability
382.509
Rates for Transportation
382.510
Annual Report
382.0511
Permit Consolidation and Amendment
382.0512
Modification of Existing Facility
382.0513
Permit Conditions
382.0514
Sampling, Monitoring, and Certification
382.0515
Application for Permit
382.0516
Notice to State Senator, State Representative, and Certain Local Officials
382.0517
Determination of Administrative Completion of Application
382.0518
Preconstruction Permit
382.0519
Voluntary Emissions Reduction Permit
382.0541
Administration and Enforcement of Federal Operating Permit
382.0542
Issuance of Federal Operating Permit
382.0543
Review and Renewal of Federal Operating Permit
382.551
Substitutes for Hydrofluorocarbon Refrigerants Applicable to Commercial or Residential Buildings or Construction
382.0561
Federal Operating Permit: Hearing
382.0562
Notice of Decision
382.0563
Public Petition to the Administrator
382.0564
Notification to Other Governmental Entities
382.0565
Clean Coal Project Permitting Procedure
382.0566
Advanced Clean Energy Project Permitting Procedure
382.0567
Proof that Technology Is Commercially Feasible Not Required
382.0591
Denial of Application for Permit
382.0621
Operating Permit Fee
382.0622
Clean Air Act Fees
382.05101
De Minimis Air Contaminants
382.05102
Permitting Authority of Commission
382.05155
Expedited Processing of Application
382.05181
Permit Required
382.05182
Notice of Shutdown
382.05183
Existing Facility Permit
382.05184
Small Business Stationary Source Permit
382.05185
Electric Generating Facility Permit
382.05186
Pipeline Facilities Permits
382.05191
Emissions Reduction Permits: Notice and Hearing
382.05192
Review and Renewal of Emissions Reduction and Multiple Plant Permits
382.05193
Emissions Permits Through Emissions Reduction
382.05194
Multiple Plant Permit
382.05195
Standard Permit
382.05196
Permits by Rule
382.05197
Multiple Plant Permit: Notice and Hearing
382.05198
Standard Permit for Certain Concrete Plants
382.05199
Standard Permit for Certain Concrete Batch Plants: Notice and Hearing
382.051865
Stationary Natural Gas Engines Used in Combined Heating and Power System
382.051866
Emissions Reductions Incentives Account
382.051961
Permit for Certain Oil and Gas Facilities
382.051962
Authorization for Planned Maintenance, Start-up, or Shutdown Activities Relating to Certain Oil and Gas Facilities
382.051963
Amendment of Certain Permits
382.051964
Aggregation of Facilities
382.051985
Standard Permit for Certain Temporary Concrete Plants for Public Works

Accessed:
Apr. 20, 2024

§ 382.055’s source at texas​.gov