| (ii) for air quality permit applications subject to
the requirements of Chapter 116, Subchapter E of this title, whether
for construction or reconstruction, a statement that a request for
a contested case hearing must be received by the commission by the
end of the comment period or within 30 days after the mailing of the
executive director's response to comments;
(iii) for renewals 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 and the
application does not involve a facility for which the applicant's
compliance history is in the lowest classification under Texas Water
Code, §5.753 and §5.754 and the commission's rules in Chapter
60 of this title (relating to Compliance History), a statement that
a request for a contested case hearing must be received by the commission
before the close of the 15-day comment period provided in response
to the last publication of Notice of Receipt of Application and Intent
to Obtain Permit;
(iv) for initial registrations for concrete batch plants
under the Air Quality Standard Permit for Concrete Batch Plants adopted
by the commission under Chapter 116, Subchapter F of this title (relating
to Standard Permits) received on or after January 1, 2017, the following
statements:
(I) a request for a contested case hearing must be
received by the commission before the close of the comment period
provided in response to the last publication of the consolidated Notice
of Receipt of Application and Intent to Obtain Permit and Notice of
Application and Preliminary Decision in §39.603(c) of this title
(relating to Newspaper Notice);
(II) if no hearing requests are received by the end
of the 30-day comment period there is no further opportunity to request
a contested case hearing; and
(III) if any hearing requests are received before the
close of the 30-day comment period, the opportunity to file a request
for a contested case hearing is extended to 30 days after the mailing
of the executive director's response to comments;
(v) for new air quality permit applications and for
permit amendment applications issued under Chapter 116, Subchapters
B and G of this title (relating to New Source Review Permits and Flexible
Permits), for which the executive director has declared the application
administratively and technically complete and prepared a draft permit
within 15 days of receipt of the application, the following information:
(I) the date the application was received and the date
the draft permit was completed; and
(II) a request for a contested case hearing must be
received by the commission before the close of the comment period
provided in response to the last publication of the consolidated Notice
of Receipt of Application and Intent to Obtain Permit and Notice of
Application and Preliminary Decision in §39.603(d) of this title.
If no hearing requests are received by the end of the 30-day comment
period there is no further opportunity to request a contested case
hearing. If any hearing requests are received before the close of
the 30-day comment period, the opportunity to file a request for a
contested case hearing is extended to 30 days after the mailing of
the executive director's response to comments; or
(vi) for all air quality permit applications other
than those in clauses (i) - (v) of this subparagraph, a statement
that a request for a contested case hearing must be received by the
commission before the close of the 30-day comment period provided
in response to the last publication of Notice of Receipt of Application
and Intent to Obtain Permit. If no hearing requests are received by
the end of the 30-day comment period following the last publication
of Notice of Receipt of Application and Intent to Obtain Permit, there
is no further opportunity to request a contested case hearing. If
any hearing requests are received before the close of the 30-day comment
period following the last publication of Notice of Receipt of Application
and Intent to Obtain Permit, the opportunity to file a request for
a contested case hearing is extended to 30 days after the mailing
of the executive director's response to comments;
(B) a statement that a request for a contested case
hearing must be received by the commission;
(C) a statement that a contested case hearing request
must include the requester's location relative to the proposed facility
or activity;
(D) a statement that a contested case hearing request
should include a description of how the requestor will be adversely
affected by the proposed facility or activity in a manner not common
to the general public, including a description of the requestor's
uses of property which may be impacted by the proposed facility or
activity;
(E) a statement that only relevant and material issues
raised during the comment period can be considered if a contested
case hearing request is granted; and
(F) if notice is for air quality permit applications
described in subparagraph (A)(vi) of this paragraph, a statement that
when no hearing requests are timely received the applicant shall publish
a Notice of Application and Preliminary Decision that provides an
opportunity for public comment and to request a public meeting.
(12) if notice is for air quality applications for
a permit under Chapter 116, Subchapter L of this title (relating to
Permits for Specific Designated Facilities), filed on or before January
1, 2018, a Multiple Plant Permit under Chapter 116, Subchapter J of
this title (relating to Multiple Plant Permits), or for a Plant-wide
Applicability Limit under Chapter 116 of this title, a statement that
any person is entitled to request a public meeting or a notice and
comment hearing, as applicable from the commission;
(13) notification that a person residing within 440
yards of a concrete batch plant authorized by the Air Quality Standard
Permit for Concrete Batch Plants adopted by the commission under Chapter
116, Subchapter F of this title is an affected person who is entitled
to request a contested case hearing;
(14) the statement: "The facility's compliance file,
if any exists, is available for public review in the regional office
of the Texas Commission on Environmental Quality;"
(15) if notice is for an application for an air quality
permit under Chapter 116, Subchapter B, Division 6 of this title (relating
to Prevention of Significant Deterioration Review) that would authorize
only emissions of greenhouse gases as defined in §101.1 of this
title (relating to Definitions), a statement that any interested person
is entitled to request a public meeting or a notice and comment hearing,
as applicable, from the commission; and
(16) any additional information required by the executive
director or needed to satisfy federal public notice requirements.
(f) The chief clerk shall mail Notice of Application
and Preliminary Decision, or the consolidated Notice of Receipt of
Application and Intent to Obtain Permit and Notice of Application
and Preliminary Decision, as provided for in §39.603(c) or (d)
of this title, to those listed in §39.602 of this title (relating
to Mailed Notice). When notice of application and preliminary decision
by publication or by mail is required by Subchapters H and K of this
chapter for air quality permit applications, the text of the notice
must include the information in this subsection:
(1) the information required by subsection (e) of this
section;
(2) a summary of the executive director's preliminary
decision and whether the executive director has prepared a draft permit;
(3) the location, at a public place in the county with
internet access in which the facility is located or proposed to be
located, at which a copy of the complete application and the executive
director's draft permit and preliminary decision are available for
review and copying;
(4) a brief description of public comment procedures,
including a description of the manner in which comments regarding
the executive director's draft permit and, where applicable, preliminary
decision, preliminary determination summary, and air quality analysis
may be submitted, or a statement in the notice for any air quality
permit application for which there is an opportunity for contested
case hearing, that only relevant and material issues raised during
the comment period can be considered if a contested case hearing is
granted. The public comment procedures must be printed in a font style
or size that clearly provides emphasis and distinguishes it from the
remainder of the notice;
(5) the deadline to file comments or request a public
meeting. The notice should include a statement that a public meeting
will be held by the executive director if requested by a member of
the legislature who represents the general area where the facility
is to be located or there is substantial public interest in the proposed
activity. The notice must include a statement that the comment period
will be for at least 30 days following publication of the Notice of
Application and Preliminary Decision;
Cont'd... |
