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TITLE 16ECONOMIC REGULATION
PART 1RAILROAD COMMISSION OF TEXAS
CHAPTER 5CARBON DIOXIDE (CO2)
SUBCHAPTER BGEOLOGIC STORAGE AND ASSOCIATED INJECTION OF ANTHROPOGENIC CARBON DIOXIDE (CO2)
RULE §5.204Notice and Hearing

(a) Placement of copy of application for public inspection. The applicant must make a complete copy of the permit application available for the public to inspect and copy by filing a copy of the application with the County Clerk at the courthouse of each county where the storage facility is to be located, or if approved by the director, at another equivalent public office. The applicant also must provide an electronic copy of the complete application to enable the Commission to place the copy on the Railroad Commission Internet website. The applicant must file any subsequent revision of the application with the County Clerk or other approved public office and must file at the Commission an electronic copy of the updated application at the same time the applicant files the revision at the Commission.

(b) Notice requirements.

  (1) General notice by publication. To give general notice to local governments and interested or affected persons, the applicant must publish notice of the application for an original or amended storage facility permit no later than the date the application is mailed to or filed with the director. The applicant must use the appropriate form of notice, include the information as set forth in subparagraph (A) or (B) of this paragraph, and cause the notice to be published once a week for three consecutive weeks in each newspaper of general circulation in each county where the storage facility is located or is to be located. The applicant must file proof of publication of the notice with the application.

    (A) Form for notice by publication of an application for an anthropogenic CO2 geologic storage facility permit.

Attached Graphic

    (B) Form for notice by publication of an application for amendment of an existing CO2 geologic storage facility permit.

Attached Graphic

    (C) The applicant must submit proof of publication of notice in the following form:

Attached Graphic

  (2) Individual notice.

    (A) Persons to notify. By no later than the date the application is mailed to or filed with the director, the applicant must give notice of an application for a permit to operate a CO2 storage facility, or to amend an existing storage facility permit to:

      (i) each adjoining mineral interest owner, other than the applicant, of the outmost boundary of the proposed geologic storage facility;

      (ii) each leaseholder of minerals lying above or below the proposed storage reservoir;

      (iii) each adjoining leaseholder of minerals offsetting the outermost boundary of the proposed geologic storage facility;

      (iv) each owner or leaseholder of any portion of the surface overlying the proposed storage reservoir and the adjoining area of the outermost boundary of the proposed geologic storage facility;

      (v) the clerk of the county or counties where the proposed storage facility is located;

      (vi) the city clerk or other appropriate city official where the proposed storage facility is located within city limits; and

      (vii) any other class of persons that the director determines should receive notice of the application.

    (B) Content of notice. Individual notice must consist of:

      (i) the applicant's intention to construct and operate an anthropogenic CO2 geologic storage facility;

      (ii) a description of the geologic storage facility location;

      (iii) each physical location and the internet address at which a copy of the application may be inspected; and

      (iv) a statement that:

        (I) affected persons may protest the application;

        (II) protests must be filed in writing and must be mailed or delivered to Technical Permitting, Oil and Gas Division, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711; and

        (III) protests must be received by the director within 30 days of the date of receipt of the application by the division, receipt of individual notice, or last publication of notice, whichever is later.

  (3) Individual notice by publication. The applicant must make diligent efforts to ascertain the name and address of each person identified under paragraph (2)(A) of this subsection. The exercise of diligent efforts to ascertain the names and addresses of such persons requires an examination of county records where the facility is located and an investigation of any other information that is publicly and/or reasonably available to the applicant. If, after diligent efforts, an applicant has been unable to ascertain the name and address of one or more persons required to be notified under paragraph (2)(A) of this subsection, the applicant satisfies the notice requirements for those persons by the publication of the notice of application as required in paragraph (1) of this subsection. The applicant must submit an affidavit to the director specifying the efforts that the applicant took to identify each person whose name and/or address could not be ascertained.

(c) Hearing requirements.

  (1) If the Commission receives a protest regarding an application for a new permit or for an amendment of an existing permit for a geologic storage facility from a person notified pursuant to subsection (b) of this section or from any other affected person within 30 days of the date of receipt of the application by the division, receipt of individual notice, or last publication of notice, whichever is later, then the director will notify the applicant that the director cannot administratively approve the application. Upon the written request of the applicant, the director will schedule a hearing on the application. The Commission must give notice of the hearing to all affected persons, local governments, and other persons who express, in writing, an interest in the application. After the hearing, the examiner will recommend a final action by the Commission.

  (2) If the Commission receives no protest regarding an application for a new permit or for the amendment of an existing permit for a geologic storage facility from a person notified pursuant to subsection (b) of this section or from any other affected person, the director may administratively approve the application.

  (3) If the director administratively denies an application for a new permit or for the amendment of an existing permit for a geologic storage facility, upon the written request of the applicant, the director will schedule a hearing. After hearing, the examiner will recommend a final action by the Commission.


Source Note: The provisions of this §5.204 adopted to be effective December 20, 2010, 35 TexReg 11202

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