Current through Reg. 50, No. 13; March 28, 2025
(a) This subchapter and Subchapters E - G of
this chapter (relating to Public Comment and Public Meetings; Requests for
Reconsideration or Contested Case Hearing; and Requests for Contested Case
Hearing and Public Comment on Certain Applications) apply to permit
applications that are declared administratively complete on or after September
1, 1999, as specified in subsections (b) - (g) of this section.
(b) This subchapter and Subchapters E - G of
this chapter apply to public comments, public meetings, hearing requests, and
requests for reconsideration.
(c)
This subchapter and Subchapters E and F of this chapter apply only to
applications filed under Texas Water Code (TWC), Chapters 26, 27, and 32 and
Texas Health and Safety Code (THSC), Chapters 361 and 382.
(d) Subchapter G of this chapter applies to
all applications other than those listed in subsection (e) of this section and
other than those filed under TWC, Chapters 26, 27, and 32 and THSC, Chapters
361 and 382.
(e) This subchapter
and Subchapters E and F of this chapter apply to applications for amendment,
modification, or renewal 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. The commission may not seek further public
comment or hold a public hearing under the procedures provided by §
39.419 of this title (relating to
Notice of Application and Preliminary Decision), §
55.156 of this title (relating to
Public Comment Processing), and Subchapter F of this chapter for such
applications. The commission may hold a contested case hearing if the
application involves a facility for which the applicant's compliance history
contains violations which are unresolved and which constitute a recurring
pattern of egregious conduct which demonstrates a consistent disregard for the
regulatory process, including the failure to make a timely and substantial
attempt to correct the violations.
(f) This subchapter and Subchapters E - G of
this chapter do not apply to hearing requests related to:
(1) applications for emergency or temporary
orders;
(2) applications for
temporary or term permits for water rights;
(3) air quality exemptions from permitting
and permits by rule under Chapter 106 of this title (relating to Permits by
Rule) except for construction of concrete batch plants which are not
temporarily located contiguous or adjacent to a public works project;
(4) applications for Class I injection well
permits used only for the disposal of nonhazardous brine produced by a
desalination operation or nonhazardous drinking water treatment residuals under
TWC, §27.021, concerning Permit for Disposal of Brine from Desalination
Operations or of Drinking Water Treatment Residuals in Class I Injection
Wells;
(5) the issuance, amendment,
renewal, suspension, revocation, or cancellation of a general permit, or the
authorization for the use of an injection well under a general permit under
TWC, §27.025, concerning General Permit Authorizing Use of Class I
Injection Well to Inject Nonhazardous Brine from Desalination Operations or
Nonhazardous Drinking Water Treatment Residuals; and
(6) applications where the opportunity for a
contested case hearing does not exist under other laws.
(g) This subchapter and Subchapters E - G of
this chapter do not apply to:
(1) applications
for sludge registrations and notifications under Chapter 312 of this title
(relating to Sludge Use, Disposal, and Transportation);
(2) applications for authorization 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 (relating to Concentrated Animal Feeding Operations);
(3) applications for registrations under
Chapter 330 of this title (relating to Municipal Solid Waste);
(4) applications for registrations and
notifications under Chapter 332 of this title (relating to
Composting);
(5) applications under
TWC, §11.036 or §11.041. The maximum expected duration of a hearing
on an application referred to the State Office of Administrative Hearings
(SOAH) under this provision shall be no longer than one year from the first day
of the preliminary hearing, unless otherwise directed by the commission. The
issues to be considered in a SOAH hearing on an application subject to this
provision are all those issues that are material and relevant under the
law;
(6) applications under Chapter
122 of this title (relating to Federal Operating Permits Program);
(7) applications for initial issuance of
voluntary emissions reduction permits under THSC, §382.0519;
(8) applications for initial issuance of
permits for electric generating facility permits under Texas Utilities Code,
§
39.264;
(9) air quality standard permits under
Chapter 116 of this title (relating to Control of Air Pollution by Permits for
New Construction or Modification);
(10) applications for multiple plant permits
under THSC, §382.05194; and
(11) applications where the opportunity for a
contested case hearing does not exist under other laws.
