Section 12.226 - Permit Revisions(a) A revision to a permit shall be obtained: (1) for changes in the surface coal mining or reclamation operations described in the original application and approved under the original permit, when such changes constitute a significant departure from the method of conduct of mining or reclamation operations contemplated by the original permit. Significant departures would include any change in permit area, mining method or reclamation procedure, which would, in the opinion of the Commission, significantly change the effect the mining operation would have on either those persons impacted by the permitted operation or on the environment;(2) when required by an order issued under § RSA 12.225 of this title (relating to Commission Review of Outstanding Permits);(3) in order to continue operation after the cancellation or material reduction of the liability insurance policy, capability of self-insurance, performance bond, or other equivalent guarantee upon which the original permit was issued; or(4) as otherwise required under the regulatory program.(b) The application for revision shall be filed in accordance with the following: (1) the permittee shall submit the application to the Commission within the time provided for in §RSA 12.106<subdiv>(b)(3)</subdiv> of this title (relating to Permit Application Filing Deadlines);(2) any application for a revision which proposes significant alterations in the operations described in the materials submitted in the application for the original permit under §§12.116 - 12.123, 12.124 - 12.138, and 12.139 - 12.154 of this title (relating to Surface Mining Permit Applications--Minimum Requirements for Legal, Financial, Compliance, and Related Information, to Surface Mining Permit Applications--Minimum Requirements for Information on Environmental Resources, and to Surface Mining Permit Applications--Minimum Requirements for Reclamation and Operation Plan), or §§12.156 - 12.163, 12.170 - 12.184, and 12.185 - 12.199 of this title (relating to Underground Mining Permit Applications--Minimum Requirements for Legal, Financial, Compliance, and Related Information, to Underground Mining Permit Applications Minimum Requirements for Information on Environmental Resources, and to Underground Mining Permit Applications--Minimum Requirements for Reclamation and Operation Plan) or in the conditions of the original permit, shall, at a minimum, be subject to the requirements of §§ RSA 12.207- RSA 12.221 of this title (relating to Review, Public Participation, and Approval of Permit Applications and Permit Terms and Conditions), and § RSA 12.222 and § RSA 12.223 of this title (relating to Administrative and Judicial Review of Decisions by Commission on Permit Applications). (A) Application requirements. Permit revision requests shall be submitted on the Permit Application Form (SMRD-1C) with only the applicable portions showing changes or additions being completed.(B) Notice and hearing. Notice as for a new permit application is required whenever new landowners will be affected. If objections to the revision are received and a hearing is requested, the Commission shall schedule and hold a public hearing as required for an original application.(c) The Commission shall approve or disapprove the complete application for revision within 90 days from receipt in accordance with the requirements of §§ RSA 12.207- RSA 12.221 of this title (relating to Review, Public Participation, and Approval of Permit Applications and Permit Terms and Conditions) and the Act.(d) Proposed revisions must be approved by the Commission prior to commencement of the proposed change.(e) Any extensions to the area covered by a permit, except for incidental boundary revisions, shall be made by application for a new permit and shall not be approved under §§12.225, this section, and §§ RSA 12.227- RSA 12.233 of this title (relating to Permit Reviews, Revisions, and Renewals, and Transfer, Sale, and Assignment of Rights Granted Under Permits).16 Tex. Admin. Code § 12.226
The provisions of this §12.226 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 29, 1998, 23 TexReg 13041; amended to be effective February 24, 2014, 39 TexReg 1121