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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 91ALTERNATIVE PUBLIC NOTICE AND PUBLIC PARTICIPATION REQUIREMENTS FOR SPECIFIC DESIGNATED FACILITIES
SUBCHAPTER APURPOSE AND APPLICABILITY
RULE §91.20Applicability

(a) This subchapter applies to procedural requirements for authorizations required to construct, operate, or authorize a component of the FutureGen project as defined in §91.30 of this title (relating to Definitions), including applications for permits, registrations, licenses, or other types of authorization under the following:

  (1) Chapter 295 of this title (relating to Water Rights, Procedural);

  (2) Chapter 297 of this title (relating to Water Rights, Substantive);

  (3) Chapter 305 of this title (relating to Consolidated Permits);

  (4) Chapter 312 of this title (relating to Sludge Use, Disposal, and Transportation);

  (5) Chapter 329 of this title (relating to Drilled or Mine Shafts);

  (6) Chapter 330 of this title (relating to Municipal Solid Waste);

  (7) Chapter 331 of this title (relating to Underground Injection Control);

  (8) Chapter 335 of this title (relating to Industrial Solid Waste and Municipal Solid Waste); and

  (9) Chapter 336 of this title (relating to Radioactive Substance Rules).

(b) Applications for permits, registrations, licenses, or other types of authorization required to construct, operate, or authorize a component of the FutureGen project as defined under §91.30 of this title are subject to the technical requirements under the commission program, rule, or statute that the application is sought.

(c) This subchapter does not apply to an application for a permit to construct or modify a new or existing coal-fired electric generating facility that will use pulverized or supercritical pulverized coal.

(d) The executive director may apply the requirements of this subchapter to any application not otherwise specified in this subchapter for which the executive director determines constitutes a bona fide component of the FutureGen project.

(e) If the executive director determines that an application is not subject to the applicability of this subchapter, the application will be subject to the permitting and public participation process that would otherwise apply to the type of authorization sought.

(f) An applicant may appeal a determination by the executive director under subsection (e) of this section, by filing a motion under §50.139 of this title (relating to Motion to Overturn Executive Director's Decision).

(g) Applications for authorization submitted under Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification) shall be subject to the public notice and participation procedures stated in Chapter 116, Subchapter L of this title (relating to Permits for Specific Designated Facilities), and any applicable rules in Chapters 39 and 55 of this title (relating to Public Notice and Requests for Reconsideration and Contested Case Hearings; Public Comment).

(h) This chapter does not apply to any applications or other requests for authorization submitted after January 1, 2018.


Source Note: The provisions of this §91.20 adopted to be effective March 29, 2006, 31 TexReg 2485

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