1. (a) Applicability. This subchapter applies to applications that are declared administratively complete on or after September 1, 1999. Applications that are declared administratively complete before September 1, 1999 are subject to Subchapter B of this chapter (relating to Action by the Commission.
2. (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.

3. (c) After the deadline for filing a request for reconsideration or contested case hearingunder §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. (1) no timely request for reconsideration or hearing has been received;
   2. (2) all timely requests for reconsideration or hearing have been withdrawn, or have been denied by the commission;
   3. (3) a judge has remanded the application because of settlement; or

   4. (4) for applications under Chapters 26 and 27 of the Texas Water Code and 361 and 382 of the Texas Health and Safety Code, the commission finds that there are no issues that:

      1. (A) involve a disputed question of fact;
      2. (B) were raised during the public comment period; and
      3. (C) are relevant and material to the decision on the application.

4. (d) Without holding a contested case hearing, the commission may act on:

   1. (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. (2) an application for any initial issuance of an air permit for a voluntary emission reduction or electric generating facility;
   3. (3) an application for a hazardous waste permit renewal under §305.631(a)(8) of this title (relating to Renewal);
   4. (4) an application for a wastewater discharge permit renewal or amendment under §26.028(d) of the Texas Water Code, unless the commission determines that an applicant's compliance history for the preceding five years raises issues regarding the applicant's ability to comply with a material term of its permit; and
   5. (5) other types of applications where a contested case hearing request has been filed but no opportunity for hearing is provided by law.

Source Note:The provisions of this §50.113 adopted to be effective September 23, 1999, 24 TexReg 8254.