|(a) Public notice requirements apply to initial issuances,
significant permit revisions, reopenings, and renewals.
(b) The executive director shall direct the applicant
to publish a notice of draft permit and preliminary decision, at the
applicant's expense, in the public notice section of one issue of
a newspaper of general circulation in the municipality in which the
site or proposed site is located, or in the municipality nearest to
the location of the site or proposed site. The executive director
shall direct the applicant to make a copy of the application, draft
permit, and statement of basis available for review and copying at
a public place in the county in which the site is located or proposed
to be located. The notice shall contain the following information:
(1) the permit number;
(2) the applicant's or permit holder's name, address,
and telephone number and a description of the manner in which a person
may contact the applicant or permit holder for further information;
(3) a description of the location of the site or proposed
location of the site;
(4) a description of the activity or activities involved
in the permit application;
(5) for significant permit revisions, the air pollutants
with emission changes;
(6) the location and availability of the following:
(A) the complete permit application;
(B) the draft permit;
(C) the statement of basis; and
(D) all other relevant supporting materials in the
public files of the agency;
(7) a description of the comment procedures, including
the duration of the public notice comment period and procedures to
request a hearing printed in a font style or size that clearly provides
emphasis and distinguishes it from the remainder of the notice;
(8) a statement that a person who may be affected by
the emission of air pollutants from the site is entitled to request
a notice and comment hearing printed in a font style or size that
clearly provides emphasis and distinguishes it from the remainder
of the notice;
(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 or draft permit;
(10) if applicable, the time and location of any public
(11) the name, address, and phone number of the commission
office to be contacted for further information.
(c) One notice may be published for multiple
permits at a site with the approval of the executive director.
(d) The applicant shall submit a copy of the public
notice and date of publication to the executive director and all local
air pollution control agencies with jurisdiction over the site in
the county in which the site is located.
(e) The applicant shall submit a statement to the executive
director, with a certification in accordance with §122.165 of
this title (relating to Certification by a Responsible Official),
that the sign required by subsection (h) of this section has been
posted consistent with the provisions of that subsection.
(f) The executive director shall make a copy of the
permit application, the draft permit, and any required notices accessible
to the United States Environmental Protection Agency.
(g) The executive director shall make available for
public inspection the draft permit and the complete application throughout
the comment period during business hours at the commission's central
office and at the commission's regional office where the site is located.
(h) At the applicant's expense, a sign shall be placed
at the site declaring the filing of an application for a permit and
stating the manner in which the executive director may be contacted
for further information.
(1) The sign shall be provided by the applicant and
shall substantially meet the following requirements.
(A) The sign shall consist of dark lettering on a white
background and shall be not smaller than 18 inches by 28 inches and
all lettering shall be no less than one and one-half inches in size
and block printed capital lettering.
(B) The sign shall be headed by the words "APPLICATION
FOR FEDERAL OPERATING PERMIT".
(C) The sign shall include the words "PERMIT NO." and
the number of the permit.
(D) The sign shall include the words "for further information
(E) The sign shall include the words "TEXAS COMMISSION
ON ENVIRONMENTAL QUALITY," and the address of the appropriate commission
(F) The sign shall include the phone number of the
appropriate commission office.
(G) The sign shall include the name of the company
applying for the permit.
(2) The sign shall be in place by the date of publication
of the newspaper notice and shall remain in place and legible throughout
the period of public comment.
(3) The sign placed at the site shall be located at
or near the site main entrance, provided that the sign is legible
from the public street. If the sign would not be legible from the
public street, then the sign shall be placed within ten feet of a
property line paralleling a public street.
(A) The executive director may approve variations if
the applicant has demonstrated that it is not practical to comply
with the specific sign-posting requirements.
(B) Alternative sign-posting plans proposed by the
applicant must be at least as effective in providing notice to the
(C) The executive director must approve the variations
before signs are posted.
(4) One sign may be posted for multiple permits at
a site with the approval of the executive director.
(i) The executive director shall receive public comment
for 30 days after the notice of the public comment period is published.
During the comment period, any person may submit written comments
on the draft permit.
(j) During the 30-day public notice comment period,
any person who may be affected by emissions from a site regulated
under this chapter may request in writing a notice and comment hearing
on the draft permit.
(k) The draft permit may be changed based on comments
pertaining to whether the permit provides for compliance with the
requirements of this chapter.
(l) The executive director shall respond to comments
consistent with §122.345 of this title (relating to Notice of
Proposed Final Action).
(m) The applicant, in cooperation with the executive
director, may hold a public meeting in the county in which the site
is located or proposed to be located. Notice of this public meeting
shall be provided in the notice required by subsection (b) of this
|Source Note: The provisions of this §122.320 adopted to be effective November 10, 1997, 22 TexReg 10677; amended to be effective September 23, 1999, 24 TexReg 8307; amended to be effective June 3, 2001, 26 TexReg 3747; amended to be effective November 22, 2018, 43 TexReg 7548