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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 122FEDERAL OPERATING PERMITS PROGRAM
SUBCHAPTER FGENERAL OPERATING PERMITS
DIVISION 1PROCEDURAL REQUIREMENTS FOR GENERAL OPERATING PERMITS
RULE §122.506Public Notice for General Operating Permits

(a) Before the issuance, significant permit revision, or rescission of any general operating permit, the executive director shall publish notice of the opportunity for public comment and hearing on the draft general operating permit consistent with the requirements of this section. The executive director shall publish notice of a draft general operating permit in the Texas Register , the commission's publicly accessible electronic media, and in a newspaper of general circulation in the area affected by the general operating permit. If the general operating permit has statewide applicability, the notice shall be published in the daily newspaper of largest general circulation within each of the following metropolitan areas: Austin, Dallas, and Houston. The notice shall contain the following information:

  (1) a description of the activities involved in the draft general operating permit;

  (2) the location and availability of copies of the draft general operating permit;

  (3) a description of the comment procedures, including the duration of the public notice comment period and procedures to request a hearing;

  (4) the notification that a person who may be affected by the emission of air pollutants from emission units that may be authorized to operate under the general operating permit is entitled to request a notice and comment hearing; and

  (5) the name, address, and phone number of the commission office to be contacted for further information.

(b) During the 30-day public notice comment period, any person who may be affected by emissions from emission units that may be authorized to operate under the general operating permit may request in writing a notice and comment hearing on a draft general operating permit.

(c) The executive director shall make a copy of the general operating permit and any required notices accessible to the EPA and all local air pollution control agencies with jurisdiction in the counties that may be affected by the general operating permit.

(d) The executive director shall make the draft general operating permit available for public inspection throughout the comment period during business hours at the commission's central office.

(e) The executive director shall receive public comment for 30 days after the notice of the public comment period is published. During the comment period, any person may submit written comments on the draft general operating permit.

(f) The draft general operating permit may be changed based on comments pertaining to whether the general operating permit provides for compliance with the requirements of this chapter.

(g) The executive director shall respond to comments consistent with §122.345 of this title (relating to Notice of Proposed Final Action).

(h) The executive director shall provide 30 days' advance notice of the hearing.

(i) If the executive director combines general operating permits as specified in §122.501(g) of this title, notice of this action will be published in the Texas Register and the commission's publicly accessible electronic media.


Source Note: The provisions of this §122.506 adopted to be effective November 10, 1997, 22 TexReg 10677; amended to be effective March 4, 1999, 24 TexReg 1387; amended to be effective September 4, 2000, 25 TexReg 8688

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