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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 39PUBLIC NOTICE
SUBCHAPTER AAPPLICABILITY AND GENERAL PROVISIONS
RULE §39.1Applicability

Any permit applications listed below that are declared administratively complete before September 1, 1999 are subject to Subchapter A of this chapter (relating to Applicability and General Provisions), and Subchapters B - E of this chapter (relating to Public Notice of Solid Waste Applications, Public Notice of Water Quality Applications, Public Notice of Air Quality Applications, and Public Notice of Other Specific Applications), as applicable. Any permit applications listed below that are declared administratively complete on or after September 1, 1999 are subject to Subchapter H of this chapter (relating to Applicability and General Provisions), and Subchapters I - M of this chapter (relating to Public Notice of Solid Waste Applications, Public Notice of Water Quality Applications and Water Quality Management Plans, Public Notice of Air Quality Applications, Public Notice of Injection Well and Other Specific Applications, and Public Notice for Radioactive Material Licenses), as applicable. All consolidated permit applications are subject to Subchapter G of this chapter (relating to Public Notice for Applications for Consolidated Permits), regardless of when they were declared administratively complete. This chapter applies to:

  (1) applications for municipal solid waste, industrial solid waste, or hazardous waste permits under the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361;

  (2) applications for wastewater discharge permits under Texas Water Code, Chapter 26.

    (A) This paragraph includes:

      (i) applications for the disposal of sewage sludge or water treatment sludge under Chapter 312 of this title (relating to Sludge Use, Disposal, and Transportation);

      (ii) applications for permits under Chapter 321, Subchapter B of this title (relating to Commercial Livestock and Poultry Production Operations).

    (B) This paragraph does not include:

      (i) applications for authorizations under Chapter 321 of this title (relating to Control of Certain Activities by Rule), other than applications under Subchapter B of this chapter;

      (ii) applications for authorizations under Chapter 312 of this title, except applications for a permit under the chapter; and

      (iii) applications under Chapter 332 of this title (relating to Composting);

  (3) applications for underground injection well permits under Texas Water Code, Chapter 27, or under the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361;

  (4) applications for production area authorizations under Chapter 331 of this title (relating to Underground Injection Control);

  (5) hearings under Chapter 80 of this title (relating to Contested Case Hearings) concerning applications for air quality permits under Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification);

  (6) hearings on contested enforcement cases under Chapter 80 of this title; and

  (7) applications for consolidated permit processing and consolidated permits processed under Texas Water Code, Chapter 5, Subchapter J, and Chapter 33 of this title (relating to Consolidated Permit Processing).


Source Note: The provisions of this §39.1 adopted to be effective January 8, 1997, 21 TexReg 12550; amended to be effective June 5, 1997, 22 TexReg 4578; amended to be effective December 10, 1998, 23 TexReg 12426; amended to be effective September 23, 1999, 24 TexReg 8190; amended to be effective September 14, 2000, 25 TexReg 8857

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