(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.
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Source Note: The provisions of this §55.101 adopted to be effective October 20, 1999, 24 TexReg 9015; amended to be effective September 16, 2004, 29 TexReg 8817; amended to be effective July 5, 2006, 31 TexReg 5305; amended to be effective July 10, 2008, 33 TexReg 5325; amended to be effective January 3, 2019, 43 TexReg 8608; amended to be effective January 7, 2021, 46 TexReg 189 |