| (VI) any oil and gas operators or surface owners required
to be listed in the application under subsection (d)(4)(F) and (G)
of this section. If, pursuant to subsection (d)(4)(G), the director
waived the requirement to list certain surface owners in the application,
the applicant shall notify such persons by publishing the notice.
The notice shall be published by the applicant once each week for
two consecutive weeks in a newspaper of general circulation for the
county where the facility is located. The applicant shall file proof
of publication with the commission in Austin.
(ii) The notice shall be published by the applicant
at least once in a newspaper of general circulation for the county
where the facility is located. The applicant shall file proof of publication
with the commission in Austin.
(C) Notices will include information satisfying the
requirements of 40 Code of Federal Regulations §124.10(d) and
the Texas Government Code, Chapter 2001.
(D) A copy of any draft permit, fact sheet, and application
will be mailed to the persons notified under subparagraph (B)(i)(I)
and (II) of this paragraph, and to any other person upon request.
The applicant will be mailed a copy of any draft permit and fact sheet.
(E) The Texas Commission on Environmental Quality,
the Texas Water Development Board, the Texas Department of Health,
the Texas Parks and Wildlife Department, the United States Fish and
Wildlife Service, other state and federal agencies with jurisdiction
over fish, shellfish, and wildlife resources, the Advisory Council
on Historic Preservation, state historic preservation officers, and
other appropriate government authorities will be given opportunity
to receive copies of notices, applications, draft permits, and fact
sheets.
(6) Comments and requests for hearing. Notice of a
draft permit will allow at least 30 days for public comment. 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.
(7) Hearings on draft permits.
(A) A hearing will be held:
(i) when the director finds, on the basis of requests,
a significant degree of public interest in a draft permit;
(ii) when an applicant or an affected person requests
a hearing on a draft permit; or
(iii) when an operator requests a hearing on a draft
permit prepared when the director tentatively decides to modify, revoke
and reissue, or terminate a permit.
(B) The commission may hold a hearing at its discretion,
for instance, when a hearing might clarify one or more issues involved
in the permit decision.
(C) Notice of a hearing will be given at least 30 days
before the hearing. The public comment period under paragraph (6)
of this subsection will automatically be extended to the close of
any hearing under this paragraph.
(8) Administrative approval. After the close of the
public comment period, the director may issue, modify, revoke and
reissue, or terminate a permit administratively if no hearing is required
under paragraph (7) of this subsection.
(9) Response to comments. When a final permit is issued,
the commission will respond in writing to comments received during
the public comment period. The response will be made available to
the public and will:
(A) specify which provisions, if any, of the draft
permit have been changed in the final permit, and the reasons for
the changes; and
(B) briefly describe and respond to all significant
comments on the draft permit raised during the public comment period,
or during any hearing on the draft permit.
(j) Commission review of administrative actions. Administrative
actions performed by the director or commission staff pursuant to
this section are subject to review by the commissioners.
(k) Federal regulations. All references to the Code
of Federal Regulations in this section are references to the 1987
edition of the Code. The following federal regulations are adopted
by reference and can be obtained at the William B. Travis Building,
1701 North Congress Avenue, Austin, Texas 78711: 40 Code of Federal
Regulations §§124.8(b), 124.10(c)(1)(viii), 124.10(d), and
146.8(d). Where the word "director" is used in the adopted federal
regulations, it should be interpreted to mean "commission."
(l) Effective date. This section becomes effective
upon approval of the commission's Class III Underground Injection
Control (UIC) Program for brine mining injection wells by the United
States Environmental Protection Agency under the Safe Drinking Act, §1422
(42 United States Code §300h-1).
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| Source Note: The provisions of this §3.81 adopted to be effective August 25, 2003, 28 TexReg 6816; amended to be effective November 24, 2004, 29 TexReg 10728; amended to be effective July 2, 2012, 37 TexReg 4892 |
