1. (a) Fees shall be remitted with each application for a use determination as required in paragraphs (1) - (2) of this subsection.

   1. (1) Tier I Application. A $150 fee shall be charged for applications which contain only property that is listed in the figure in §18.25 of this title (relating to Tier I Eligible Equipment) or is necessary for the installation or operation of an item listed on the Tier I Table, as long as the application seeks no variance from the percentage listed on the Tier I Table.
   2. (2) Tier II Application. A $500 fee shall be charged for applications for property not listed in the figure located in §18.25 of this title.
2. (b) Fees shall be forfeited for applications for use determination on which the executive director will take no further action under §18.15 of this title (relating to Application Review Schedule). An applicant who submits an insufficient fee will receive a deficiency notice in accordance with the procedures in §18.15 of this title. The fee must be remitted with the response to the deficiency notice before the application will be deemed administratively complete. If it is determined that an application was submitted at an inappropriate tier level, the executive director will notify the applicant of the amount in which the fees are deficient or in excess, and if there are deficient fees, the applicant shall remit the appropriate fee described under §18.35(a) before review of the application proceeds. If the deficient fees are not paid in full within 30 days of the applicant being notified of the deficiency, the executive director will take no further action on the application. If the executive director takes no further action on the application, the portion of the fees already paid shall be forfeited by the applicant.
3. (c) All fees shall be paid by check, money order, electronic funds transfer, or through the commission's payment portal, and shall be made payable to the Texas Commission on Environmental Quality.
4. (d) The application fee or receipt for payment must be delivered with the application.

Source Note:The provisions of this §18.35 adopted to be effective February 7, 2008, 33 TexReg 943; amended to be effective August 28, 2014, 39 TexReg 6488; amended to be effective February 17, 2026, 51 TexReg 907.