| (E) Upon the written request of the applicant, the
Commission must give notice of a hearing to all affected persons,
local governments, and other persons who express, in writing, an interest
in the application. After the hearing, the examiner will recommend
a final action by the Commission. Notices shall include information
satisfying the requirements of 40 CFR §124.10(d)(2) and the Texas
Government Code, §2001.052.
(3) If the Commission receives no protest regarding
an application for a new permit or for the amendment of an existing
permit for a geologic storage facility from a person notified pursuant
to subsection (a) of this section or from any other affected person,
the director may administratively approve the application.
(4) If the director administratively denies an application
for a new permit or for the amendment of an existing permit for a
geologic storage facility, upon the written request of the applicant,
the director will schedule a hearing. After hearing, the examiner
will recommend a final action by the Commission.
(5) Upon making a final permit decision, the director
shall issue a response to comments. The response shall specify which
provisions, if any, of the draft permit have been changed in the final
permit decision, and the reasons for the change, and shall briefly
describe and respond to all significant comments on the draft permit
raised during the public comment period or during any hearing. The
Commission shall post the response to comments on the Commission's
internet website.
|
| Source Note: The provisions of this §5.204 adopted to be effective December 20, 2010, 35 TexReg 11202; amended to be effective September 19, 2022, 47 TexReg 5797; amended to be effective September 11, 2023, 48 TexReg 5022 |
