(a) Initial implementation.
  (1) Not later than 2 months following approval of the state program by the Secretary, regardless of litigation contesting that approval, each person who conducts or expects to conduct surface coal mining and reclamation operations after the expiration of 8 months from that approval shall file an application for a permit for those operations.
  (2) Applications for those operations which are not filed within the time required by paragraph (1) of this subsection shall be deemed applications filed under subsection (b)(1) of this section.
(b) Filing deadlines after initial implementation.
  (1) General. Each person who conducts or expects to conduct new surface coal mining and reclamation operations shall file a complete application for a permit for those operations at least 8 months prior to the projected commencement of operations where no special problems are anticipated.
  (2) Renewal of valid permits. An application for renewal of a permit shall be filed with the Commission at least 120 days before the expiration of the permit involved.
  (3) Revisions of permits. Any application for revision of a permit shall be filed with the Commission at least 180 days before the date on which the permittee expects to revise surface coal mining or reclamation operations.
  (4) Succession to rights granted under prior permits. Any application for a new permit required for a person succeeding by transfer, sale, or assignment of rights granted under a permit shall be filed with the Commission not later than 30 days after that succession is approved by the Commission.

Source Note: The provisions of this §12.106 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 28, 2020, 45 TexReg 9503