Current through Reg. 50, No. 13; March 28, 2025
(a)
Applicants shall use notice text provided and approved by the agency. The
executive director may approve changes to notice text before notice being
given.
(b) When Notice of Receipt
of Application and Intent to Obtain Permit by publication or by mail is
required by Subchapters H and K of this chapter (relating to Applicability and
General Provisions and Public Notice of Air Quality Permit Applications) for
air quality permit applications, those applications are subject to subsections
(e) - (h) of this section. When notice of receipt of application and intent to
obtain permit by publication or by mail is required by Subchapters H - J and L
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, and Public Notice of Injection Well and
Other Specific Applications), Subchapter G of this chapter (relating to Public
Notice for Applications for Consolidated Permits), or for Subchapter M of this
chapter (relating to Public Notice for Radioactive Material Licenses), the text
of the notice must include the following information:
(1) the name and address of the agency and
the telephone number of an agency contact from whom interested persons may
obtain further information;
(2) the
name, address, and telephone number of the applicant and a description of the
manner in which a person may contact the applicant for further
information;
(3) a brief
description of the location and nature of the proposed activity;
(4) a brief description of public comment
procedures, including:
(A) a statement that
the executive director will respond to comments raising issues that are
relevant and material or otherwise significant; and
(B) a statement in the notice for any permit
application for which there is an opportunity for a contested case hearing,
that only disputed factual issues that are relevant and material to the
commission's decision that are raised during the comment period can be
considered if a contested case hearing is granted;
(5) a brief description of procedures by
which the public may participate in the final permit decision and, if
applicable, how to request a public meeting, contested case hearing,
reconsideration of the executive director's decision, a notice and comment
hearing, or a statement that later notice will describe procedures for public
participation, printed in a font style or size that clearly provides emphasis
and distinguishes it from the remainder of the notice. The notice should
include a statement that a public meeting will be held by the executive
director if requested by a member of the legislature who represents the general
area where the facility is to be located or there is substantial public
interest in the proposed activity;
(6) the application or permit
number;
(7) if applicable, a
statement that the application or requested action is subject to the Coastal
Management Program and must be consistent with the Coastal Management Program
goals and policies;
(8) the
location, at a public place in the county in which the facility is located or
proposed to be located, at which a copy of the application is available for
review and copying;
(9) a
description of the procedure by which a person may be placed on a mailing list
in order to receive additional information about the application;
(10) for notices of municipal solid waste
applications, a statement that a person who may be affected by the facility or
proposed facility is entitled to request a contested case hearing from the
commission. This statement must be printed in a font style or size that clearly
provides emphasis and distinguishes it from the remainder of the notice;
and
(11) any additional information
required by the executive director or needed to satisfy public notice
requirements of any federally authorized program; or
(12) for radioactive material licenses under
Chapter 336 of this title (relating to Radioactive Substance Rules), if
applicable, a statement that a written environmental analysis on the
application has been prepared by the executive director, is available to the
public for review, and that written comments may be submitted; and
(13) for Class 3 modifications of hazardous
industrial solid waste permits, the statement "The permittee's compliance
history during the life of the permit being modified is available from the
agency contact person."
(c) Unless mailed notice is otherwise
provided for under this section, the chief clerk shall mail Notice of
Application and Preliminary Decision to those listed in §
39.413 of this title (relating to
Mailed Notice). When notice of application and preliminary decision by
publication or by mail is required by Subchapters G - J and L of this chapter,
the text of the notice must include the following information:
(1) the information required by subsection
(b)(1) - (11) of this section;
(2)
a brief description of public comment procedures, including a description of
the manner in which comments regarding the executive director's preliminary
decision may be submitted, or a statement in the notice for any permit
application for which there is an opportunity for contested case hearing, that
only relevant and material issues raised during the comment period can be
considered if a contested case hearing is granted. The public comment
procedures must be printed in a font style or size that clearly provides
emphasis and distinguishes it from the remainder of the notice;
(3) if the application is subject to final
approval by the executive director under Chapter 50 of this title (relating to
Action on Applications and Other Authorizations), a statement that the
executive director may issue final approval of the application unless a timely
contested case hearing request or a timely request for reconsideration (if
applicable) is filed with the chief clerk after transmittal of the executive
director's decision and response to public comment;
(4) a summary of the executive director's
preliminary decision and whether the executive director has prepared a draft
permit;
(5) the location, at a
public place in the county in which the facility is located or proposed to be
located, at which a copy of the complete application and the executive
director's preliminary decision are available for review and copying;
(6) the deadline to file comments or request
a public meeting. The notice should include a statement that a public meeting
will be held by the executive director if requested by a member of the
legislature who represents the general area where the facility is to be located
or there is substantial public interest in the proposed activity; and
(7) for radioactive material licenses under
Chapter 336 of this title, if applicable, a statement that a written
environmental analysis on the application has been prepared by the executive
director, is available to the public for review, and that written comments may
be submitted.
(d) When
notice of a public meeting or notice of a hearing by publication or by mail is
required by Subchapters G - J and L of this chapter, the text of the notice
must include the following information:
(1)
the information required by subsection (b)(1) - (3), (6) - (8), and (11) of
this section;
(2) the date, time,
and place of the meeting or hearing, and a brief description of the nature and
purpose of the meeting or hearing, including the applicable rules and
procedures; and
(3) for notices of
public meetings only, a brief description of public comment procedures,
including a description of the manner in which comments regarding the executive
director's preliminary decision may be submitted and a statement in the notice
for any permit application for which there is an opportunity for contested case
hearing, that only relevant and material issues raised during the comment
period can be considered if a contested case hearing is granted.
(e) When Notice of Receipt of
Application and Intent to Obtain Permit by publication or by mail is required
by Subchapters H and K of this chapter for air quality permit applications, the
text of the notice must include the information in this subsection:
(1) the name and address of the agency and
the telephone number of an agency contact from whom interested persons may
obtain further information;
(2) the
name, address, and telephone number of the applicant and a description of the
manner in which a person may contact the applicant for further
information;
(3) a brief
description of the location and nature of the proposed activity;
(4) a brief description of public comment
procedures, including:
(A) a statement that
the executive director will respond to:
(i)
all comments regarding applications for Prevention of Significant Deterioration
and Nonattainment permits under Chapter 116, Subchapter B of this title
(relating to New Source Review Permits) and Plant-wide Applicability Limit
permits under Chapter 116 of this title (relating to Control of Air Pollution
by Permits for New Construction or Modification);
(ii) all comments regarding applications
subject to the requirements of Chapter 116, Subchapter E of this title
(relating to Hazardous Air Pollutants: Regulations Governing Constructed or
Reconstructed Major Sources (FCAA, §112(g), 40 CFR Part 63 )), whether for
construction or reconstruction; and
(iii) for all other air quality permit
applications, comments raising issues that are relevant and material or
otherwise significant; and
(B) a statement in the notice for any air
quality permit application for which there is an opportunity for a contested
case hearing, that only disputed factual issues that are relevant and material
to the commission's decision that are raised during the comment period can be
considered if a contested case hearing is granted;
(5) a brief description of procedures by
which the public may participate in the final permit decision and, if
applicable, how to request a public meeting, contested case hearing,
reconsideration of the executive director's decision, a notice and comment
hearing, or a statement that later notice will describe procedures for public
participation, printed in a font style or size that clearly provides emphasis
and distinguishes it from the remainder of the notice. Where applicable, the
notice should include a statement that a public meeting will be held by the
executive director if requested by a member of the legislature who represents
the general area where the facility is to be located if there is substantial
public interest in the proposed activity when requested by any interested
person for the following applications:
(A)
air quality permit applications subject to the requirements for Prevention of
Significant Deterioration and Nonattainment in Chapter 116, Subchapter B of
this title;
(B) applications for
the establishment or renewal of, or an increase in, a plant-wide applicability
limit subject to Chapter 116 of this title; and
(C) applications subject to the requirements
of Chapter 116, Subchapter E of this title, whether for construction or
reconstruction;
(6) the
application or permit number;
(7)
if applicable, a statement that the application or requested action is subject
to the Coastal Management Program and must be consistent with the Coastal
Management Program goals and policies;
(8) the location, at a public place in the
county in which the facility is located or proposed to be located, at which a
copy of the application is available for review and copying;
(9) a description of the procedure by which a
person may be placed on a mailing list in order to receive additional
information about the application;
(10) at a minimum, a listing of criteria
pollutants for which authorization is sought in the application which are
regulated under national ambient air quality standards or under state standards
in Chapters 111 - 113, 115, and 117 of this title (relating to Control of Air
Pollution from Visible Emissions and Particulate Matter, Control of Air
Pollution from Sulfur Compounds, Standards of Performance for Hazardous Air
Pollutants and for Designated Facilities and Pollutants, Control of Air
Pollution from Volatile Organic Compounds, and Control of Air Pollution from
Nitrogen Compounds);
(11) If notice
is for any air quality permit application except those listed in paragraphs
(12) and (15) of this subsection, the following information must be printed in
a font style or size that clearly provides emphasis and distinguishes it from
the remainder of the notice:
(A) a statement
that a person who may be affected by emissions of air contaminants from the
facility or proposed facility is entitled to request a contested case hearing
from the commission within the following specified time periods;
(i) for air quality permit applications
subject to the requirements for Prevention of Significant Deterioration and
Nonattainment permits in Chapter 116, Subchapter B of this title a statement
that a request for a contested case hearing must be received by the commission
by the end of the comment period or within 30 days after the mailing of the
executive director's response to comments;
(ii) for air quality permit applications
subject to the requirements of Chapter 116, Subchapter E of this title, whether
for construction or reconstruction, a statement that a request for a contested
case hearing must be received by the commission by the end of the comment
period or within 30 days after the mailing of the executive director's response
to comments;
(iii) for renewals of
air quality permits that would not result in an increase in allowable emissions
and would not result in the emission of an air contaminant not previously
emitted and the application does not involve a facility for which the
applicant's compliance history is in the lowest classification under Texas
Water Code, §
5.753 and §
5.754 and the commission's
rules in Chapter 60 of this title (relating to Compliance History), a statement
that a request for a contested case hearing must be received by the commission
before the close of the 15-day comment period provided in response to the last
publication of Notice of Receipt of Application and Intent to Obtain
Permit;
(iv) for initial
registrations for concrete batch plants under the Air Quality Standard Permit
for Concrete Batch Plants adopted by the commission under Chapter 116,
Subchapter F of this title (relating to Standard Permits) received on or after
January 1, 2017, the following statements:
(I)
a request for a contested case hearing must be received by the commission
before the close of the comment period provided in response to the last
publication of the consolidated Notice of Receipt of Application and Intent to
Obtain Permit and Notice of Application and Preliminary Decision in §
39.603(c) of
this title (relating to Newspaper Notice);
(II) if no hearing requests are received by
the end of the 30-day comment period there is no further opportunity to request
a contested case hearing; and
(III)
if any hearing requests are received before the close of the 30-day comment
period, the opportunity to file a request for a contested case hearing is
extended to 30 days after the mailing of the executive director's response to
comments;
(v) for new
air quality permit applications and for permit amendment applications issued
under Chapter 116, Subchapters B and G of this title (relating to New Source
Review Permits and Flexible Permits), for which the executive director has
declared the application administratively and technically complete and prepared
a draft permit within 15 days of receipt of the application, the following
information:
(I) the date the application was
received and the date the draft permit was completed; and
(II) a request for a contested case hearing
must be received by the commission before the close of the comment period
provided in response to the last publication of the consolidated Notice of
Receipt of Application and Intent to Obtain Permit and Notice of Application
and Preliminary Decision in §
39.603(d) of
this title. If no hearing requests are received by the end of the 30-day
comment period there is no further opportunity to request a contested case
hearing. If any hearing requests are received before the close of the 30-day
comment period, the opportunity to file a request for a contested case hearing
is extended to 30 days after the mailing of the executive director's response
to comments; or
(vi) for
all air quality permit applications other than those in clauses (i) - (v) of
this subparagraph, a statement that a request for a contested case hearing must
be received by the commission before the close of the 30-day comment period
provided in response to the last publication of Notice of Receipt of
Application and Intent to Obtain Permit. If no hearing requests are received by
the end of the 30-day comment period following the last publication of Notice
of Receipt of Application and Intent to Obtain Permit, there is no further
opportunity to request a contested case hearing. If any hearing requests are
received before the close of the 30-day comment period following the last
publication of Notice of Receipt of Application and Intent to Obtain Permit,
the opportunity to file a request for a contested case hearing is extended to
30 days after the mailing of the executive director's response to
comments;
(B) a
statement that a request for a contested case hearing must be received by the
commission;
(C) a statement that a
contested case hearing request must include the requester's location relative
to the proposed facility or activity;
(D) a statement that a contested case hearing
request should include a description of how the requestor will be adversely
affected by the proposed facility or activity in a manner not common to the
general public, including a description of the requestor's uses of property
which may be impacted by the proposed facility or activity;
(E) a statement that only relevant and
material issues raised during the comment period can be considered if a
contested case hearing request is granted; and
(F) if notice is for air quality permit
applications described in subparagraph (A)(vi) of this paragraph, a statement
that when no hearing requests are timely received the applicant shall publish a
Notice of Application and Preliminary Decision that provides an opportunity for
public comment and to request a public meeting;
(12) if notice is for air quality
applications for a permit under Chapter 116, Subchapter L of this title
(relating to Permits for Specific Designated Facilities), filed on or before
January 1, 2018, a Multiple Plant Permit under Chapter 116, Subchapter J of
this title (relating to Multiple Plant Permits), or for a Plant-wide
Applicability Limit under Chapter 116 of this title, a statement that any
person is entitled to request a public meeting or a notice and comment hearing,
as applicable from the commission;
(13) notification that a person residing
within 440 yards of a concrete batch plant authorized by the Air Quality
Standard Permit for Concrete Batch Plants adopted by the commission under
Chapter 116, Subchapter F of this title is an affected person who is entitled
to request a contested case hearing;
(14) the statement: "The facility's
compliance file, if any exists, is available for public review in the regional
office of the Texas Commission on Environmental Quality;"
(15) if notice is for an application for an
air quality permit under Chapter 116, Subchapter B, Division 6 of this title
(relating to Prevention of Significant Deterioration Review) that would
authorize only emissions of greenhouse gases as defined in §
101.1 of this title (relating to
Definitions), a statement that any interested person is entitled to request a
public meeting or a notice and comment hearing, as applicable, from the
commission; and
(16) any additional
information required by the executive director or needed to satisfy federal
public notice requirements.
(f) The chief clerk shall mail Notice of
Application and Preliminary Decision, or the consolidated Notice of Receipt of
Application and Intent to Obtain Permit and Notice of Application and
Preliminary Decision, as provided for in §
39.603(c) or (d)
of this title, to those listed in §
39.602 of this title (relating to
Mailed Notice). When notice of application and preliminary decision by
publication or by mail is required by Subchapters H and K of this chapter for
air quality permit applications, the text of the notice must include the
information in this subsection:
(1) the
information required by subsection (e) of this section;
(2) a summary of the executive director's
preliminary decision and whether the executive director has prepared a draft
permit;
(3) the location, at a
public place in the county with internet access in which the facility is
located or proposed to be located, at which a copy of the complete application
and the executive director's draft permit and preliminary decision are
available for review and copying;
(4) a brief description of public comment
procedures, including a description of the manner in which comments regarding
the executive director's draft permit and, where applicable, preliminary
decision, preliminary determination summary, and air quality analysis may be
submitted, or a statement in the notice for any air quality permit application
for which there is an opportunity for contested case hearing, that only
relevant and material issues raised during the comment period can be considered
if a contested case hearing is granted. The public comment procedures must be
printed in a font style or size that clearly provides emphasis and
distinguishes it from the remainder of the notice;
(5) the deadline to file comments or request
a public meeting. The notice should include a statement that a public meeting
will be held by the executive director if requested by a member of the
legislature who represents the general area where the facility is to be located
or there is substantial public interest in the proposed activity. The notice
must include a statement that the comment period will be for at least 30 days
following publication of the Notice of Application and Preliminary
Decision;
(6) if the application is
subject to final approval by the executive director under Chapter 50 of this
title, a statement that the executive director may issue final approval of the
application unless a timely contested case hearing request or a timely request
for reconsideration (if applicable) is filed with the chief clerk after
transmittal of the executive director's decision and response to public
comment;
(7) If the executive
director prepares a Response to Comments as required by §
55.156 of this title (relating to
Public Comment Processing), the chief clerk will make the executive director's
response to public comments available on the commission's website;
(8) in addition to the requirements in
paragraphs (1) - (7) of this subsection, for air quality permit applications
for permits under Chapter 116, Subchapter B, Divisions 5 and 6 of this title
(relating to Nonattainment Review Permits and Prevention of Significant
Deterioration Review):
(A) as applicable, the
degree of increment consumption that is expected from the source or
modification;
(B) a statement that
the state's air quality analysis is available for comment;
(C) the deadline to request a public
meeting;
(D) a statement that the
executive director will hold a public meeting at the request of any interested
person; and
(E) a statement that
the executive director's draft permit and preliminary decision, preliminary
determination summary, and air quality analysis are available electronically on
the commission's website at the time of publication of the Notice of
Application and Preliminary Decision; and
(9) in addition to the requirements in
paragraphs (1) - (7) of this subsection, for air quality permit applications
for permits under Chapter 116, Subchapter E of this title:
(A) the deadline to request a public
meeting;
(B) a statement that the
executive director will hold a public meeting at the request of any interested
person; and
(C) a statement that
the executive director's draft permit and preliminary decision are available
electronically on the commission's website at the time of publication of the
Notice of Application and Preliminary Decision.
(g) When notice of a public meeting by
publication or by mail is required by Subchapters H and K of this chapter for
air quality permit applications, the text of the notice must include the
information in this subsection:
(1) the
information required by subsection (e)(1) - (3), (4)(A), (6), (8), (9), and
(16) of this section;
(2) the date,
time, and place of the public meeting, and a brief description of the nature
and purpose of the meeting, including the applicable rules and procedures;
and
(3) a brief description of
public comment procedures, including a description of the manner in which
comments regarding the executive director's draft permit and preliminary
decision, and, as applicable, preliminary determination summary, and air
quality analysis may be submitted and a statement in the notice for any air
quality permit application for which there is an opportunity for contested case
hearing, that only relevant and material issues raised during the comment
period can be considered if a contested case hearing is granted.
(h) When notice of a contested
case hearing under Chapter 80 of this title (relating to Contested Case
Hearings) by publication or by mail is required by Subchapters H and K of this
chapter for air quality permit applications, the text of the notice must
include the following information:
(1) the
information required by subsection (e)(1) - (3), (6), (9), and (16) of this
section; and
(2) the date, time,
and place of the hearing, and a brief description of the nature and purpose of
the hearing, including the applicable rules and procedures.