| (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 |
