| (D) allow a transfer of the permit where the director
determines that no change in the permit is necessary other than a
change in the name of the operator, provided that a written agreement
between the current operator and the new operator containing a specific
data for the transfer of permit responsibility, coverage, and liability
has been submitted to the commission.
(3) Termination. The following are causes for terminating
a permit during its term, or for denying a permit renewal application:
(A) the operator fails to comply with any condition
of the permit or this section;
(B) the operator fails to disclose fully all relevant
facts in the permit application or during the permit issuance process,
or misrepresents any relevant fact at any time;
(C) a material change of conditions occurs in the operation
or completion of the well, or there are material changes in the information
originally furnished;
(D) the commission determines that the permitted injection
endangers human health or the environment, or that pollution of fresh
water is occurring or is likely to occur as a result of the permitted
injection; or
(E) fluids are escaping from the permitted injection
zone.
(i) Permitting procedures.
(1) Review of applications. Upon receipt of an application
for a permit, the director will review the application for completeness.
Within 30 days after receipt of the application, the director will
notify the applicant in writing whether the application is complete
or deficient. A notice of deficiency will state the additional information
necessary to complete the application, and a date for submitting this
information. The application will be deemed withdrawn if the necessary
information is not received by the specified date, unless the director
has extended this date upon request of the applicant. Upon timely
receipt of the necessary information, the director will notify the
applicant that the application is complete. The director will not
begin processing a permit until the application is complete.
(2) Permit denial. If the director administratively
denies a permit application, a notice of administrative denial will
be mailed to the applicant. The applicant will have a right to a hearing
on request. If the applicant requests a hearing, the notice of administrative
denial will be subject to the same procedures as a draft permit prepared
under paragraph (3) of this subsection.
(3) Draft permits.
(A) A draft permit will be prepared when the director
tentatively decides:
(i) to issue a permit;
(ii) to modify, or revoke and reissue, a permit; or
(iii) to terminate a permit, in which case the director
will prepare a notice of intent to terminate, which is a type of draft
permit.
(B) A draft permit will contain all proposed permit
conditions.
(4) Fact sheets. The director will prepare a fact sheet
to accompany every draft permit that the director finds is the subject
of widespread public interest or raises important issues. The fact
sheet will briefly set forth the principal facts and the significant
factual, legal, methodological, and policy questions considered in
preparing the draft permit. The fact sheet will include information
satisfying the requirements of 40 Code of Federal Regulations §124.8(b).
(5) Notice.
(A) The commission will give notice when a draft permit
is prepared under paragraph (3) of this subsection, and when a hearing
is scheduled under paragraph (7) of this subsection.
(B) Notice will be given by the methods specified in
this subparagraph.
(i) A copy of the notice will be mailed to the following
persons:
(I) any agency that the commission knows has issued
or is required to issue a permit for the same facility under any federal
or state environmental program;
(II) the United States Environmental Protection Agency;
(III) persons on a mailing list developed according
to 40 Code of Federal Regulations §124.10(c)(1)(viii);
(IV) any unit of local government having jurisdiction
over the area where the facility is or is proposed to be located,
and each state agency having any authority under state law with respect
to the construction or operation of the facility;
(V) the operator; and
(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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