(a) If the estimated capital cost of the project is less than $300,000 or if the project consists of new facilities controlled and operated directly by the federal government for which an application is submitted after January 1, 1987, and the federal regulations for Prevention of Significant Deterioration (PSD) of Air Quality are applicable, the fee is $3,000.
(b) If the estimated capital cost of the project is $300,000 or more and the PSD regulations are applicable, the fee is 1.0% of the estimated capital cost of the project. The maximum fee is $75,000.
(c) Whenever a permit application is submitted under PSD requirements, there shall be no additional fee for the state new source review permit application.
(d) Certification of the estimated capital cost of the project shall be provided in accordance with §116.141(c) and (d) of this title (relating to Determination of Fees).
(e) A fee of $75,000 shall be required if no estimate of capital project cost is included with a permit application.

Source Note: The provisions of this §116.163 adopted to be effective September 13, 1993, 18 TexReg 5746; amended to be effective October 20, 2002, 27 TexReg 9616