| (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;
(6) if the application is subject to final approval
by the executive director under Chapter 50 of this title, a statement
that the executive director may issue final approval of the application
unless a timely contested case hearing request or a timely request
for reconsideration (if applicable) is filed with the chief clerk
after transmittal of the executive director's decision and response
to public comment;
(7) If the executive director prepares a Response to
Comments as required by §55.156 of this title (relating to Public
Comment Processing), the chief clerk will make the executive director's
response to public comments available on the commission's website;
(8) in addition to the requirements in paragraphs (1)
- (7) of this subsection, for air quality permit applications for
permits under Chapter 116, Subchapter B, Divisions 5 and 6 of this
title (relating to Nonattainment Review Permits and Prevention of
Significant Deterioration Review):
(A) as applicable, the degree of increment consumption
that is expected from the source or modification;
(B) a statement that the state's air quality analysis
is available for comment;
(C) the deadline to request a public meeting;
(D) a statement that the executive director will hold
a public meeting at the request of any interested person; and
(E) a statement that the executive director's draft
permit and preliminary decision, preliminary determination summary,
and air quality analysis are available electronically on the commission's
website at the time of publication of the Notice of Application and
Preliminary Decision; and
(9) in addition to the requirements in paragraphs (1)
- (7) of this subsection, for air quality permit applications for
permits under Chapter 116, Subchapter E of this title:
(A) the deadline to request a public meeting;
(B) a statement that the executive director will hold
a public meeting at the request of any interested person; and
(C) a statement that the executive director's draft
permit and preliminary decision are available electronically on the
commission's website at the time of publication of the Notice of Application
and Preliminary Decision.
(g) When notice of a public meeting 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)(1) -
(3), (4)(A), (6), (8), (9), and (16) of this section;
(2) the date, time, and place of the public meeting,
and a brief description of the nature and purpose of the meeting,
including the applicable rules and procedures; and
(3) a brief description of public comment procedures,
including a description of the manner in which comments regarding
the executive director's draft permit and preliminary decision, and,
as applicable, preliminary determination summary, and air quality
analysis may be submitted and 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.
(h) When notice of a contested case hearing under Chapter
80 of this title (relating to Contested Case Hearings) 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 following information:
(1) the information required by subsection (e)(1) -
(3), (6), (9), and (16) of this section; and
(2) the date, time, and place of the hearing, and a
brief description of the nature and purpose of the hearing, including
the applicable rules and procedures.
|
| Source Note: The provisions of this §39.411 adopted to be effective September 23, 1999, 24 TexReg 8190; amended to be effective June 12, 2002, 27 TexReg 4948; amended to be effective March 29, 2006, 31 TexReg 2471; amended to be effective June 24, 2010, 35 TexReg 5198; amended to be effective April 17, 2014, 39 TexReg 2854; amended to be effective December 29, 2016, 41 TexReg 10334; amended to be effective May 31, 2018, 43 TexReg 3379; amended to be effective May 14, 2020, 45 Texeg 3067 |
