| (i) all comments regarding applications for Prevention
of Significant Deterioration and Nonattainment permits under Chapter
116, Subchapter B of this title (relating to New Source Review Permits)
and Plant-wide Applicability Limit permits under Chapter 116 of this
title (relating to Control of Air Pollution by Permits for New Construction
or Modification);
(ii) all comments regarding applications subject to
the requirements of Chapter 116, Subchapter E of this title (relating
to Hazardous Air Pollutants: Regulations Governing Constructed or
Reconstructed Major Sources (FCAA, §112(g), 40 CFR Part 63)),
whether for construction or reconstruction; and
(iii) for all other air quality permit applications,
comments raising issues that are relevant and material or otherwise
significant; and
(B) a statement in the notice for any air quality permit
application for which there is an opportunity for a contested case
hearing, that only disputed factual issues that are relevant and material
to the commission's decision that are raised during the comment period
can be considered if a contested case hearing is granted;
(5) a brief description of procedures by which the
public may participate in the final permit decision and, if applicable,
how to request a public meeting, contested case hearing, reconsideration
of the executive director's decision, a notice and comment hearing,
or a statement that later notice will describe procedures for public
participation, printed in a font style or size that clearly provides
emphasis and distinguishes it from the remainder of the notice. Where
applicable, 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 if there is substantial public interest in the proposed
activity when requested by any interested person for the following
applications:
(A) air quality permit applications subject to the
requirements for Prevention of Significant Deterioration and Nonattainment
in Chapter 116, Subchapter B of this title;
(B) applications for the establishment or renewal of,
or an increase in, a plant-wide applicability limit subject to Chapter
116 of this title; and
(C) applications subject to the requirements of Chapter
116, Subchapter E of this title, whether for construction or reconstruction;
(6) the application or permit number;
(7) if applicable, a statement that the application
or requested action is subject to the Coastal Management Program and
must be consistent with the Coastal Management Program goals and policies;
(8) the location, at a public place in the county in
which the facility is located or proposed to be located, at which
a copy of the application is available for review and copying;
(9) a description of the procedure by which a person
may be placed on a mailing list in order to receive additional information
about the application;
(10) at a minimum, a listing of criteria pollutants
for which authorization is sought in the application which are regulated
under national ambient air quality standards or under state standards
in Chapters 111 - 113, 115, and 117 of this title (relating to Control
of Air Pollution from Visible Emissions and Particulate Matter, Control
of Air Pollution from Sulfur Compounds, Standards of Performance for
Hazardous Air Pollutants and for Designated Facilities and Pollutants,
Control of Air Pollution from Volatile Organic Compounds, and Control
of Air Pollution from Nitrogen Compounds);
(11) If notice is for any air quality permit application
except those listed in paragraphs (12) and (15) of this subsection,
the following information must be printed in a font style or size
that clearly provides emphasis and distinguishes it from the remainder
of the notice:
(A) a statement that a person who may be affected by
emissions of air contaminants from the facility or proposed facility
is entitled to request a contested case hearing from the commission
within the following specified time periods;
(i) for air quality permit applications subject to
the requirements for Prevention of Significant Deterioration and Nonattainment
permits in Chapter 116, Subchapter B of this title 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;
(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;
Cont'd... |
