Texas Administrative Code
Title 16 - ECONOMIC REGULATION
Part 1 - RAILROAD COMMISSION OF TEXAS
Chapter 5 - CARBON DIOXIDE (CO2)
Subchapter B - GEOLOGIC STORAGE AND ASSOCIATED INJECTION OF ANTHROPOGENIC CARBON DIOXIDE (CO2)
Section 5.204 - Notice of Permit Actions and Public Comment Period
Universal Citation: 16 TX Admin Code ยง 5.204
Current through Reg. 49, No. 12; March 22, 2024
(a) Notice requirements.
(1) The Commission shall give notice of the
following actions:
(A) a draft permit has been
prepared under §
5.202(e) of this
title (relating to Permit Required, and Draft Permit and Fact Sheet);
and
(B) a hearing has been
scheduled under subsection (b)(2) of this section.
(2) General notice by publication. The
Commission shall publish notice of a draft permit once a week for three
consecutive weeks in a newspaper of general circulation in each county where
the storage facility is located or is to be located. The Commission shall also
post notice of a draft permit on the Commission's website.
(3) Methods of notification. The Commission
shall give notice by the following methods:
(A) Individual notice. Notice of a draft
permit or a public hearing shall be given by mailing a copy of the notice to
the following persons:
(i) the
applicant;
(ii) the EPA;
(iii) the Texas Commission on Environmental
Quality, the Texas Water Development Board, the Texas Department of State
Health Services, the Texas Parks and Wildlife Department, the Texas General
Land Office, the Texas Historical Commission, the United States Fish and
Wildlife Service, other Federal and State agencies with jurisdiction over fish,
shellfish, and wildlife resources, and coastal zone management plans, the
Advisory Council on Historic Preservation, including any affected States
(Indian Tribes) and any agency that the Commission knows has issued or is
required to issue a permit for the same facility under any federal or state
environmental program;
(iv) each
adjoining mineral interest owner, other than the applicant, of the outermost
boundary of the proposed geologic storage facility;
(v) each leaseholder and interest owner of
minerals lying above or below the proposed geologic storage facility;
(vi) each adjoining leaseholder of minerals
offsetting the outermost boundary of the proposed geologic storage
facility;
(vii) each owner or
leaseholder of any portion of the surface overlying the proposed geologic
storage facility and the adjoining area of the outermost boundary of the
proposed geologic storage facility;
(viii) the clerk of the county or counties
where the proposed geologic storage facility is located or is proposed to be
located;
(ix) the city clerk or
other appropriate city official where the proposed geologic storage facility is
located within city limits;
(x) any
other unit of local government having jurisdiction over the area where the
geologic storage facility is or is proposed to be located, and each state
agency having any authority under state law with respect to the construction or
operation of the geologic storage facility;
(xi) any State, Tribe, or Territory any
portion of which is within the AOR of the Class VI project;
(xii) persons on the mailing list developed
by the Commission, including those who request in writing to be on the list and
by soliciting participants in public hearings in that area for their interest
in being included on area mailing lists; and
(xiii) any other class of persons that the
director determines should receive notice of the application.
(B) Any person otherwise entitled
to receive notice under this paragraph may waive his or her rights to receive
notice of a draft permit under this subsection.
(4) Content of notice. Individual notice must
consist of:
(A) the applicant's intention to
construct and operate an anthropogenic CO2 geologic
storagefacility;
(B) a description
of the geologic storage facility location;
(C) a copy of any draft permit and fact
sheet;
(D) each physical location
and the internet address at which a copy of the application may be
inspected;
(E) a statement that:
(i) affected persons may protest, and
interested persons may request a hearing on, the application;
(ii) protests and requests for a hearing must
be filed in writing and must be mailed or delivered to Technical Permitting,
Oil and Gas Division, Railroad Commission of Texas, P.O. Box 12967, Austin,
Texas 78711; and
(iii) protests and
requests for a hearing must be received by the director within 30 days of the
date of receipt of the application by the division, receipt of individual
notice, or last publication of notice, whichever is later; and
(F) information satisfying the
requirements of 40 CFR
§
124.10(d)(1).
(5) Individual notice by
publication. The applicant must make diligent efforts to ascertain the name and
address of each person identified under paragraph (3)(A) of this subsection.
The exercise of diligent efforts to ascertain the names and addresses of such
persons requires an examination of county records where the facility is located
and an investigation of any other information that is publicly and/or
reasonably available to the applicant. If, after diligent efforts, an applicant
has been unable to ascertain the name and address of one or more persons
required to be notified under paragraph (3)(A) of this subsection, the
applicant satisfies the notice requirements for those persons by the
publication of the notice of application as required in paragraph (2) of this
subsection. The applicant must submit an affidavit to the director specifying
the efforts that the applicant took to identify each person whose name and/or
address could not be ascertained.
(6) Notice to certain communities. The
applicant shall identify whether any portions of the AOR encompass an
Environmental Justice (EJ) or Limited English-Speaking Household community
using the most recent U.S. Census Bureau American Community Survey data. If the
AOR incudes an EJ or Limited English-Speaking Household community, the
applicant shall conduct enhanced public outreach activities to these
communities. Efforts to include EJ and Limited English-Speaking Household
communities in public involvement activities in such cases shall include:
(A) published meeting notice in English and
the identified language (e.g., Spanish);
(B) comment forms posted on the applicant's
webpage and available at public meeting in English and the alternate
language;
(C) interpretation
services accommodated upon request;
(D) English translation of any comments made
during any comment period in the alternate language; and
(E) to the extent possible, public meeting
venues near public transportation.
(7) Comment period for a draft permit. Public
notice of a draft permit, including a notice of intent to deny a permit
application, shall allow at least 30 days for public comment.
(b) Public comment and hearing requirements.
(1) Public comment.
(A) During the public comment period, any
interested person may submit written comments on the draft permit and may
request a hearing if one has not already been scheduled.
(B) Reasonable limits may be set upon the
time allowed for oral statements, and the submission of statements in writing
may be required.
(C) The public
comment period shall automatically be extended to the close of any public
hearing under this section. The hearing examiner may also extend the comment
period by so stating at the hearing.
(2) Public hearing.
(A) If the Commission receives a protest
regarding an application for a new permit or for an amendment of an existing
permit for a geologic storage facility from a person notified pursuant to
subsection (a) of this section or from any other affected person within 30 days
of the date of receipt of the application by the division, receipt of
individual notice, or last publication of notice, whichever is later, then the
director will notify the applicant that the director cannot administratively
approve the application. Upon the written request of the applicant, the
director will schedule a hearing on the application.
(B) The director shall hold a public hearing
whenever the director finds, on the basis of requests, a significant degree of
public interest in a draft permit.
(C) The director may also hold a public
hearing at the director's discretion, whenever, for instance, such a hearing
might clarify one or more issues involved in the permit decision.
(D) Public notice of a public hearing shall
be given at least 30 days before the hearing. Public notice of a hearing may be
given at the same time as public notice of the draft permit and the two notices
may be combined.
(E) Upon the
written request of the applicant, the Commission must give notice of a hearing
to all affected persons, local governments, and other persons who express, in
writing, an interest in the application. After the hearing, the examiner will
recommend a final action by the Commission. Notices shall include information
satisfying the requirements of
40 CFR §
124.10(d)(2) and the Texas
Government Code, §
2001.052.
(3) If the Commission receives no
protest regarding an application for a new permit or for the amendment of an
existing permit for a geologic storage facility from a person notified pursuant
to subsection (a) of this section or from any other affected person, the
director may administratively approve the application.
(4) If the director administratively denies
an application for a new permit or for the amendment of an existing permit for
a geologic storage facility, upon the written request of the applicant, the
director will schedule a hearing. After hearing, the examiner will recommend a
final action by the Commission.
(5)
Upon making a final permit decision, the director shall issue a response to
comments. The response shall specify which provisions, if any, of the draft
permit have been changed in the final permit decision, and the reasons for the
change, and shall briefly describe and respond to all significant comments on
the draft permit raised during the public comment period or during any hearing.
The Commission shall post the response to comments on the Commission's internet
website.
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.