(a) Notice of Receipt of Application and Intent to
Obtain Permit (NORI) under §39.418 of this title (relating to
Notice of Receipt of Application and Intent to Obtain Permit) is required
to be published no later than 30 days after the executive director
declares an application administratively complete. This notice must
contain the text as required by §39.411(e) of this title (relating
to Text of Public Notice). This notice is not required for Plant-wide
Applicability Limit permit applications.
(b) Notice of Application and Preliminary Decision
(NAPD) under §39.419 of this title (relating to Notice of Application
and Preliminary Decision) is required to be published within 33 days
after the chief clerk has mailed the preliminary decision concurrently
with the NAPD to the applicant. This notice must contain the text
as required by §39.411(f) of this title.
(c) Owners and operators who submit initial registration
applications on or after January 1, 2017, for authorization to construct
and operate a concrete batch plant 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) shall
publish a consolidated NORI under §39.418 of this title and a
NAPD under §39.419 of this title no later than 30 days after
the chief clerk has mailed the preliminary decision concurrently with
the consolidated NORI and NAPD to the registrant. This notice must
contain the text as required by §39.411(f) of this title.
(d) Owners and operators who submit applications that
are declared administratively and technically complete and for which
a draft permit is prepared by the executive director within 15 days
of receipt of the application shall publish a consolidated NORI under §39.418
of this title and a NAPD under §39.419 of this title no later
than 30 days after the executive director notifies the applicant of
the declaration of administrative completeness and the chief clerk
has mailed the preliminary decision concurrently with the consolidated
NORI and NAPD to the applicant. This notice must contain the text
as required by §39.411(e) of this title.
(e) General newspaper notice. Unless otherwise specified,
when this chapter requires published notice of an air quality permit
application or registration, the applicant or registrant shall publish
notice in a newspaper of general circulation in the municipality in
which the facility is located or is proposed to be located or in the
municipality nearest to the location or proposed location of the facility,
as follows.
(1) One notice must be published in the public notice
section of the newspaper and must comply with §39.411(e) - (g)
of this title.
(2) Another notice with a total size of at least six
column inches, with a vertical dimension of at least three inches
and a horizontal dimension of at least two column widths, or a size
of at least 12 square inches, must be published in a prominent location
elsewhere in the same issue of the newspaper. This notice must contain
the following information:
(A) permit application or registration number;
(B) company name;
(C) type of facility;
(D) description of the location of the facility; and
(E) a note that additional information is in the public
notice section of the same issue.
(f) Alternative publication procedures for small businesses.
(1) The applicant or registrant does not have to comply
with subsection (e)(2) of this section if all of the following conditions
are met:
(A) the applicant or registrant and source meets the
definition of a small business stationary source in Texas Water Code, §5.135
including, but not limited to, those which:
(i) are not a major stationary source for federal air
quality permitting;
(ii) do not emit 50 tons or more per year of any regulated
air pollutant;
(iii) emit less than 75 tons per year of all regulated
air pollutants combined; and
(iv) are owned or operated by a person that employs
100 or fewer individuals; and
(B) if the applicant's or registrant's site meets the
emission limits in §106.4(a) of this title (relating to Requirements
for Permitting by Rule) it will be considered to not have a significant
effect on air quality.
(2) The executive director may post information regarding
pending air permit applications on its website, such as the permit
number, company name, project type, facility type, nearest city, county,
date public notice authorized, information on comment periods, and
information on how to contact the agency for further information.
(g) If an air application or registration is referred
to State Office of Administrative Hearings for a contested case hearing
under Chapter 80 of this title (relating to Contested Case Hearings),
the applicant or registrant shall publish notice once in a newspaper
as described in subsection (e) of this section, containing the information
under §39.411(h) of this title. This notice must be published
and affidavits filed with the chief clerk no later than 30 days before
the scheduled date of the hearing.
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Source Note: The provisions of this §39.603 adopted to be effective September 23, 1999, 24 TexReg 8190; amended to be effective June 12, 2002, 27 TexReg 4948; amended to be effective November 30, 2005, 30 TexReg 7877; amended to be effective June 24, 2010, 35 TexReg 5198; 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 TexReg 3067 |