| (a) An application for a multiple plant permit (MPP) that is
filed on or after September 1, 2001, is subject to the same procedural requirements
of Chapters 39, 50, 55, and 80 of this title (relating to Public Notice; Action
on Applications and Other Authorizations; Requests for Reconsideration and
Contested Case Hearings, Public Comment; and Contested Case Hearings) that
apply to applications processed under Subchapter B of this chapter (relating
to New Source Review Permits), except that any required newspaper notice shall
be published in accordance with subsection (b)(1)(A) of this section.
(b) Applications for MPP initial issuance, amendment, or revocation
that are filed before September 1, 2001, are not subject to Texas Government
Code, Chapter 2001, and are subject to the notice and hearing process of TCAA, §382.05197,
as provided in this subsection.
(1) An applicant for an MPP shall comply with the same public
notice requirements that apply to initial issuance of voluntary emission reduction
permits and initial issuance of electric generating facility permits as specified
in §39.403(d) of this title (relating to Applicability), except as provided
by this section.
(A) An applicant for an MPP shall publish notice of intent
to obtain the permit as required under §39.603 of this title (relating
to Newspaper Notice), except that:
(i) the notice of a proposed MPP for existing facilities shall
be published in one or more state-wide or regional newspapers that provide
reasonable notice throughout the state; or
(ii) if the MPP for existing facilities will be effective for
only part of the state, the notice shall be published in a newspaper of general
circulation in the area to be affected.
(B) The notice shall include a statement that the persons identified
in paragraph (2) of this subsection are entitled to request a notice and comment
hearing from the commission.
(C) The executive director may authorize an applicant for an
MPP for an existing facility that constitutes or is part of a small business
stationary source as defined in TCAA, §382.0365(h)(2) to provide notice
using an alternative means if the executive director finds that the proposed
method will result in equal or better communication with the public, considering
the effectiveness of the notice in reaching potentially affected persons,
the cost, and the consistency with federal requirements.
(2) Any person who may be affected by emissions from a facility
that is included in an MPP application under this subsection, or a member
of the legislature from the general area in which the facility is located,
may request the executive director to hold a notice and comment hearing on
the MPP application. The public comment period shall end 30 days after the
publication of Notice of Receipt of Application and Intent to Obtain Permit
under §39.418 of this title (relating to Notice of Receipt of Application
and Intent to Obtain Permit). Any notice and comment hearing request must
be made in writing during the 30-day public comment period.
(3) Any hearing for an MPP application under this subsection
shall be conducted under the procedures in §116.1041 of this title (relating
to Multiple Plant Permit Notice and Comment Hearings).
(4) The executive director's response to public comments and
the notice of decision on whether to issue or deny an MPP application under
this subsection will be conducted under the procedures in §116.1042 of
this title (relating to Notice of Final Action).
(5) A person affected by a decision to issue or deny an MPP
application under this subsection may seek review under §50.139 of this
title (relating to Motion to Overturn Executive Director's Decision), and
may seek judicial review under TCAA, §382.032, relating to Appeal of
Commission Action.
(c) For applications for renewal of an MPP, any required newspaper
notice shall be published in accordance with subsection (b)(1)(A) of this
section.
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