| (a) Permit applications that are declared administratively
complete on or after September 1, 1999 are subject to Subchapters
H - J, L, and M of this chapter (relating to Applicability and General
Provisions; Public Notice of Solid Waste Applications; Public Notice
of Water Quality Applications and Water Quality Management Plans;
Public Notice of Injection Well and Other Specific Applications; and
Public Notice for Radioactive Material Licenses). All consolidated
permit applications are subject to Subchapter G of this chapter (relating
to Public Notice for Applications for Consolidated Permits).
(1) Explanation of applicability. Subsection (b) of
this section lists all the types of applications to which Subchapters
H - J, L, and M of this chapter apply. Subsection (c) of this section
lists certain types of applications that would be included in the
applications listed in subsection (b) of this section, but that are
specifically excluded. Subsection (d) of this section specifies that
only certain sections apply to applications for radioactive materials
licenses. Subsection (e) of this section lists the types of applications
for which public notice is not required.
(2) Explanation of organization. Subchapter H of this
chapter contains general provisions that may apply to all applications
under Subchapters H - M of this chapter. Additionally, in Subchapters
I - M of this chapter, there is a specific subchapter for each type
of application. Those subchapters contain additional requirements
for each type of application, as well as indicating which parts of
Subchapter H of this chapter must be followed.
(3) Types of applications. Unless otherwise provided
in Subchapters G - M of this chapter, public notice requirements apply
to applications for new permits and applications to amend, modify,
or renew permits.
(b) As specified in those subchapters, Subchapters
H - J, L, and M of this chapter apply to notices for:
(1) applications for municipal solid waste, industrial
solid waste, or hazardous waste permits under Texas Health and Safety
Code (THSC), Chapter 361;
(2) applications for wastewater discharge permits under
Texas Water Code (TWC), Chapter 26, including:
(A) applications for the disposal of sewage sludge
or water treatment sludge under Chapter 312 of this title (relating
to Sludge Use, Disposal, and Transportation); and
(B) applications for individual permits under Chapter
321, Subchapter B of this title (relating to Concentrated Animal Feeding
Operations);
(3) applications for underground injection well permits
under TWC, Chapter 27, or under THSC, Chapter 361;
(4) applications for production area authorizations
or exempted aquifers under Chapter 331 of this title (relating to
Underground Injection Control);
(5) contested case hearings for permit applications
or contested enforcement case hearings under Chapter 80 of this title
(relating to Contested Case Hearings);
(6) applications for radioactive material licenses
under Chapter 336 of this title (relating to Radioactive Substance
Rules), except as provided in subsection (d) of this section;
(7) applications for consolidated permit processing
and consolidated permits processed under TWC, Chapter 5, Subchapter
J, and Chapter 33 of this title (relating to Consolidated Permit Processing);
and
(8) Water Quality Management Plan updates processed
under TWC, Chapter 26, Subchapter B.
(c) Regardless of the applicability of subsection (b)
of this section, Subchapters H - M of this chapter do not apply to
the following actions and other applications where notice or opportunity
for contested case hearings are otherwise not required by law:
(1) applications for authorizations under Chapter 321
of this title (relating to Control of Certain Activities by Rule),
except for applications for individual permits under Chapter 321,
Subchapter B of this title;
(2) applications for registrations and notifications
under Chapter 312 of this title;
(3) applications under Chapter 332 of this title (relating
to Composting);
(4) applications for minor modifications of Texas Pollutant
Discharge Elimination System permits under §305.62(c)(3) of this
title (relating to Amendments), except as provided by §39.551
of this title (relating to Application for Wastewater Discharge Permit,
Including Application for the Disposal of Sewage Sludge or Water Treatment
Sludge);
(5) applications for registration and notification
of sludge disposal under §312.13 of this title (relating to Actions
and Notice); or
(6) applications listed in Subchapter P of this chapter
(relating to Other Notice Requirements).
(d) Applications for radioactive materials licenses
under Chapter 336 of this title are not subject to §39.405(c)
and (e) of this title (relating to General Notice Provisions); §§39.418
- 39.420 of this title (relating to Notice of Receipt of Application
and Intent to Obtain Permit; Notice of Application and Preliminary
Decision; and Transmittal of the Executive Director's Response to
Comments and Decision); and certain portions of §39.413 of this
title (relating to Mailed Notice) that are not listed in §39.705
of this title (relating to Mailed Notice for Radioactive Material
Licenses).
(e) Public notice is not required for the following:
(1) applications for the correction or endorsement
of permits under §50.145 of this title (relating to Corrections
of Permits);
(2) permittees' voluntary requests for suspension or
revocation of permits under Chapter 305, Subchapter D of this title
(relating to Amendments, Renewals, Transfers, Corrections, Revocation,
and Suspension of Permits);
(3) applications for special collection route permits
under §330.7(c)(2) of this title (relating to Permit Required);
or
(4) applications for minor modifications of underground
injection control permits under §305.72 of this title (relating
to Underground Injection Control (UIC) Permit Modifications at the
Request of the Permittee).
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| Source Note: The provisions of this §39.403 adopted to be effective September 23, 1999, 24 TexReg 8190; amended to be effective December 30, 2001, 26 TexReg 10989; amended to be effective August 15, 2002, 27 Texas Reg 7132; amended to be effective January 9, 2003, 28 TexReg 81; amended to be effective March 29, 2006, 31 TexReg 2471; amended to be effective March 12, 2009, 34 TexReg 1619; amended to be effective June 24, 2010, 35 TexReg 5198; amended to be effective May 14, 2020, 45 TexReg 3060; amended to be effective January 7, 2021, 46 TexReg 186 |
