Section 50.113 - Applicability and Action on Application(a) Applicability. This subchapter applies to applications that are declared administratively complete on or after September 1, 1999.(b) This chapter does not create a right to a contested case hearing where the opportunity for a contested case hearing does not exist under other law.(c) After the deadline for filing a request for reconsideration or contested case hearing under § 55.201 of this title (relating to Requests for Reconsideration or Contested Case Hearing), the commission may act on an application without holding a contested case hearing or acting on a request for reconsideration, if: (1) no timely request for reconsideration or hearing has been received;(2) all timely requests for reconsideration or hearing have been withdrawn, or have been denied by the commission;(3) a judge has remanded the application because of settlement; or(4) for applications under Texas Water Code, Chapters 26 and 27 and Texas Health and Safety Code, Chapters 361 and 382, the commission finds that there are no issues that: (A) involve a disputed question of fact;(B) were raised during the public comment period; and(C) are relevant and material to the decision on the application.(d) Without holding a contested case hearing, the commission may act on:(1) an application for any air permit amendment, modification, or renewal application that would not result in an increase in allowable emissions and would not result in the emission of an air contaminant not previously emitted;(2) an application for any initial issuance of an air permit for an electric generating facility;(3) an application for a hazardous waste permit renewal under § 305.631(a)(8) of this title (relating to Renewal);(4) an application for a wastewater discharge permit renewal or amendment under Texas Water Code, § 26.028(d), unless the commission determines that an applicant's compliance history as determined under Chapter 60 of this title (relating to Compliance History) raises issues regarding the applicant's ability to comply with a material term of its permit;(5) an application for a Class I injection well permit used only for the disposal of nonhazardous brine produced by a desalination operation or nonhazardous drinking water treatment residuals under Texas Water Code, § 27.021, concerning Permit for Disposal of Brine from Desalination Operations or of Drinking Water Treatment Residuals in Class I Injection Wells;(6) the issuance, amendment, renewal, suspension, revocation, or cancellation of a general permit, or the authorization for the use of an injection well under a general permit under Texas Water Code, § 27.023, concerning General Permit Authorizing Use of Class I Injection Well to Inject Nonhazardous Brine from Desalination Operations or Nonhazardous Drinking Water Treatment Residuals;(7) an application for a permit, registration, license, or other type of authorization required to construct, operate, or authorize a component of the FutureGen project as defined in § 91.30 of this title (relating to Definitions), if the application was submitted on or before January 1, 2018; and(8) other types of applications where a contested case hearing request has been filed but no opportunity for hearing is provided by law.30 Tex. Admin. Code § 50.113
The provisions of this §50.113 adopted to be effective September 23, 1999, 24 TexReg 8254; amended to be effective August 29, 2002, 27 TexReg 7820; amended to be effective September 16, 2004, 29 TexReg 8814; amended to be effective March 29, 2006, 31 TexReg 2479; amended to be effective July 10, 2008, 33 TexReg 5323; Amended by Texas Register, Volume 45, Number 19, May 8, 2020, TexReg 3074, eff. 5/14/2020; Amended by Texas Register, Volume 46, Number 01, January 1, 2021, TexReg 0188, eff. 1/7/2021