(a) Contents. Complete applications for renewals of a permit shall be made within the time prescribed by §12.106(b)(2) of this title (relating to Permit Application Filing Deadlines). Renewal applications shall be in a form and with contents required by the Commission under the regulatory program and in accordance with subsection (b)(2) of this section, including, at a minimum, the following:
  (1) a statement of the name and address of the permittee, the term of the renewal requested, the permit number, and a description of any changes to the matters set forth in the original application for a permit or prior permit renewal;
  (2) a copy of the newspaper notice and proof of publication of same under §12.207(a) of this title (relating to Public Notices of Filing of Permit Applications); and
  (3) Evidence that liability insurance policy or adequate self-insurance under §12.311 of this title (relating to Terms and Conditions for Liability Insurance) will be provided by the applicant for the proposed period of renewal.
(b) Processing and review.
  (1) Complete applications for renewal shall be subject to the requirements of public notification and participation contained in §§12.207 - 12.209 of this title (relating to Public Notices of Filing of Permit Applications, to Opportunity for Submission of Written Comments on Permit Applications, and to Right to File Written Objections).
  (2) If a complete application for renewal of a permit includes a proposal to extend the mining and reclamation operation beyond the boundaries authorized in the existing permit, the portion of the complete application for renewal of a valid permit which addresses any new land areas shall be subject to the full standards applicable to new permit applications under the Act, §§12.103 - 12.108 of this title (relating to General Requirements for Permits and Permit Applications), §§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), §§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), §§12.200 - 12.205 of this title (relating to Requirements for Permits for Special Categories of Mining), §§12.207 - 12.221 of this title (relating to Review, Public Participation and Approval of Permit Applications and Permit Terms and Conditions), §12.222 and §12.223 of this title (relating to Administrative and Judicial Review of Decisions by Commission on Permit Applications), §§12.225 - 12.227, this section, and §§12.229 - 12.233 of this title (relating to Permit Reviews, Revisions, and Renewals, and Transfer, Sale, and Assignment of Rights Granted Under Permits), and Subchapter J of this chapter (relating to Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations).
  (3) If the surface coal mining reclamation operations authorized under the original permit were not subject to the standards contained in §134.066(a)(5) of the Act and §12.202 of this title (relating to Surface Coal Mining and Reclamation Operations On Areas or Adjacent to Areas Including Alluvial Valley Floors In The Arid or Semiarid Areas West of The 100th Meridian), because the permittee complied with the exceptions in §134.066(c) of the Act, the portion of the application for renewal of the permit which addresses any new land areas previously identified in the reclamation plan submitted pursuant to §§12.139 - 12.154 of this title (relating to Surface Mining Permit Applications--Minimum Requirements for Reclamation and Operation Plan), or §§12.185 - 12.199 of this title (relating to Underground Mining Permit Applications--Minimum Requirements for Reclamation and Operation Plan) for the original permit shall not be subject to the standards contained in §134.066(a)(5) of the Act and §12.202 of this title (relating to Surface Coal Mining and Reclamation Operations On Areas or Adjacent to Areas Including Alluvial Valley Floors In The Arid or Semiarid Areas West of The 100th Meridian).
  (4) Before finally acting to grant the permit renewal, the Commission shall require any additional performance bond needed by the permittee to comply with the requirements of §12.230(a)(4) of this title (relating to Permit Renewals: Approval or Denial) to be filed with the Commission.

Source Note: The provisions of this §12.228 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