(a) Before the issuance, significant permit revision, or rescission
of any general operating permit, the executive director shall publish notice
of the opportunity for public comment and hearing on the draft general operating
permit consistent with the requirements of this section. The executive director
shall publish notice of a draft general operating permit in the
Texas Register , the commission's publicly accessible electronic media,
and in a newspaper of general circulation in the area affected by the general
operating permit. If the general operating permit has statewide applicability,
the notice shall be published in the daily newspaper of largest general circulation
within each of the following metropolitan areas: Austin, Dallas, and Houston.
The notice shall contain the following information:
(1) a description of the activities involved in the draft general
operating permit;
(2) the location and availability of copies of the draft
general operating permit;
(3) a description of the comment procedures, including
the duration of the public notice comment period and procedures to request
a hearing;
(4) the notification that a person who may be affected
by the emission of air pollutants from emission units that may be authorized
to operate under the general operating permit is entitled to request a notice
and comment hearing; and
(5) the name, address, and phone number of the commission
office to be contacted for further information.
(b) During the 30-day public notice comment period, any person
who may be affected by emissions from emission units that may be authorized
to operate under the general operating permit may request in writing a notice
and comment hearing on a draft general operating permit.
(c) The executive director shall make a copy of the general
operating permit and any required notices accessible to the EPA and all local
air pollution control agencies with jurisdiction in the counties that may
be affected by the general operating permit.
(d) The executive director shall make the draft general operating
permit available for public inspection throughout the comment period during
business hours at the commission's central office.
(e) 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 general
operating permit.
(f) The draft general operating permit may be changed based
on comments pertaining to whether the general operating permit provides for
compliance with the requirements of this chapter.
(g) The executive director shall respond to comments consistent
with §122.345 of this title (relating to Notice of Proposed Final Action).
(h) The executive director shall provide 30 days' advance notice
of the hearing.
(i) If the executive director combines general operating permits
as specified in §122.501(g) of this title, notice of this action will
be published in the Texas Register and the commission's publicly accessible
electronic media.
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Source Note: The provisions of this §122.506 adopted to be effective November 10, 1997, 22 TexReg 10677; amended to be effective March 4, 1999, 24 TexReg 1387; amended to be effective September 4, 2000, 25 TexReg 8688 |