(a) A public meeting is intended for the taking of
public comment, and is not a contested case under the Texas Administrative
Procedure Act.
(b) During technical review of the application, the
applicant, in cooperation with the executive director, may hold a
public meeting in the county in which the facility is located or proposed
to be located in order to inform the public about the application
and obtain public input.
(c) At any time, the executive director or the Office
of the Chief Clerk may hold public meetings. The executive director
or the Office of the Chief Clerk shall hold a public meeting if:
(1) the executive director determines that there is
a substantial or significant degree of public interest in an application;
(2) a member of the legislature who represents the
general area in which the facility is located or proposed to be located
requests that a public meeting be held;
(3) for Prevention of Significant Deterioration and
Nonattainment permits subject to Chapter 116, Subchapter B of this
title (relating to New Source Review Permits), an interested person
requests a public meeting regarding the executive director's draft
permit or air quality analysis; a public meeting held in response
to a request under this paragraph will be held after Notice of Application
and Preliminary Decision is published;
(4) for applications for Hazardous Air Pollutant permits
subject to 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)), an interested
person requests a public meeting regarding the executive director's
draft permit or air quality analysis; a public meeting held in response
to a request under this paragraph will be held after Notice of Application
and Preliminary Decision is published; or
(5) when a public meeting is otherwise required by
law.
(d) Notice of the public meeting shall be given as
required by §39.411(d) or (g) of this title (relating to Text
of Public Notice), as applicable. The notice must also meet the requirements
of §39.426(d) of this title (relating to Alternative Language
Requirements), when applicable.
(e) The applicant shall attend any public meeting held
by the executive director or Office of the Chief Clerk. The applicant
shall comply with the requirements of §39.426(d)(2) of this title,
when applicable.
(f) An audio recording or written transcript of the
public meeting shall be made available to the public.
(g) The executive director will respond to comments
as required by §55.156(b) and (c) of this title (relating to
Public Comment Processing).
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Source Note: The provisions of this §55.154 adopted to be effective October 20, 1999, 24 TexReg 9015; amended to be effective June 24, 2010, 35 TexReg 5256; amended to be effective May 14, 2020, 45 TexReg 3077; amended to be effective September 16, 2021, 46 TexReg 5844 |