Current through Reg. 50, No. 13; March 28, 2025
(a) Permit applications that are declared
administratively complete on or after September 1, 1999 are subject to
Subchapters H - J, L, and M of this chapter (relating to Applicability and
General Provisions; Public Notice of Solid Waste Applications; Public Notice of
Water Quality Applications and Water Quality Management Plans; Public Notice of
Injection Well and Other Specific Applications; and Public Notice for
Radioactive Material Licenses). All consolidated permit applications are
subject to Subchapter G of this chapter (relating to Public Notice for
Applications for Consolidated Permits).
(1)
Explanation of applicability. Subsection (b) of this section lists all the
types of applications to which Subchapters H - J, L, and M of this chapter
apply. Subsection (c) of this section lists certain types of applications that
would be included in the applications listed in subsection (b) of this section,
but that are specifically excluded. Subsection (d) of this section specifies
that only certain sections apply to applications for radioactive materials
licenses. Subsection (e) of this section lists the types of applications for
which public notice is not required.
(2) Explanation of organization. Subchapter H
of this chapter contains general provisions that may apply to all applications
under Subchapters H - M of this chapter. Additionally, in Subchapters I - M of
this chapter, there is a specific subchapter for each type of application.
Those subchapters contain additional requirements for each type of application,
as well as indicating which parts of Subchapter H of this chapter must be
followed.
(3) Types of
applications. Unless otherwise provided in Subchapters G - M of this chapter,
public notice requirements apply to applications for new permits and
applications to amend, modify, or renew permits.
(b) As specified in those subchapters,
Subchapters H - J, L, and M of this chapter apply to notices for:
(1) applications for municipal solid waste,
industrial solid waste, or hazardous waste permits under Texas Health and
Safety Code (THSC), Chapter 361;
(2) applications for wastewater discharge
permits under Texas Water Code (TWC), Chapter 26, including:
(A) applications for the disposal of sewage
sludge or water treatment sludge under Chapter 312 of this title (relating to
Sludge Use, Disposal, and Transportation); and
(B) applications for individual permits under
Chapter 321, Subchapter B of this title (relating to Concentrated Animal
Feeding Operations);
(3)
applications for underground injection well permits under TWC, Chapter 27, or
under THSC, Chapter 361;
(4)
applications for production area authorizations or exempted aquifers under
Chapter 331 of this title (relating to Underground Injection
Control);
(5) contested case
hearings for permit applications or contested enforcement case hearings under
Chapter 80 of this title (relating to Contested Case Hearings);
(6) applications for radioactive material
licenses under Chapter 336 of this title (relating to Radioactive Substance
Rules), except as provided in subsection (d) of this section;
(7) applications for consolidated permit
processing and consolidated permits processed under TWC, Chapter 5, Subchapter
J, and Chapter 33 of this title (relating to Consolidated Permit Processing);
and
(8) Water Quality Management
Plan updates processed under TWC, Chapter 26, Subchapter B.
(c) Regardless of the
applicability of subsection (b) of this section, Subchapters H - M of this
chapter do not apply to the following actions and other applications where
notice or opportunity for contested case hearings are otherwise not required by
law:
(1) applications for authorizations under
Chapter 321 of this title (relating to Control of Certain Activities by Rule),
except for applications for individual permits under Chapter 321, Subchapter B
of this title;
(2) applications for
registrations and notifications under Chapter 312 of this title;
(3) applications under Chapter 332 of this
title (relating to Composting);
(4)
applications for minor modifications of Texas Pollutant Discharge Elimination
System permits under §
305.62(c)(3) of
this title (relating to Amendments), except as provided by §
39.551 of this title (relating to
Application for Wastewater Discharge Permit, Including Application for the
Disposal of Sewage Sludge or Water Treatment Sludge);
(5) applications for registration and
notification of sludge disposal under §
312.13 of this title (relating to
Actions and Notice); or
(6)
applications listed in Subchapter P of this chapter (relating to Other Notice
Requirements).
(d)
Applications for radioactive materials licenses under Chapter 336 of this title
are not subject to §
39.405(c) and (e)
of this title (relating to General Notice Provisions); §§
39.418-
39.420 of this title (relating to
Notice of Receipt of Application and Intent to Obtain Permit; Notice of
Application and Preliminary Decision; and Transmittal of the Executive
Director's Response to Comments and Decision); and certain portions of §
39.413 of this title (relating to
Mailed Notice) that are not listed in §
39.705 of this title (relating to
Mailed Notice for Radioactive Material Licenses).
(e) Public notice is not required for the
following:
(1) applications for the correction
or endorsement of permits under §
50.145 of this title (relating to
Corrections of Permits);
(2)
permittees' voluntary requests for suspension or revocation of permits under
Chapter 305, Subchapter D of this title (relating to Amendments, Renewals,
Transfers, Corrections, Revocation, and Suspension of Permits);
(3) applications for special collection route
permits under §
330.7(c)(2) of
this title (relating to Permit Required); or
(4) applications for minor modifications of
underground injection control permits under §
305.72 of this title (relating to
Underground Injection Control (UIC) Permit Modifications at the Request of the
Permittee).
