|(a) After technical review is complete, the executive
director shall file the preliminary decision and the draft permit
with the chief clerk, except for air applications under subsection
(e) of this section. The chief clerk shall mail the preliminary decision
concurrently with the Notice of Application and Preliminary Decision.
For applications filed on or after September 1, 2015, this mailing
will occur no earlier than 30 days after written notification of the
draft permit is provided by the executive director to the state senator
and state representative of the area in which the facility which is
the subject of the application is or will be located. Then, when this
chapter requires notice under this section, notice must be given as
required by subsections (b) - (e) of this section.
(b) The applicant shall publish Notice of Application
and Preliminary Decision at least once in the same newspaper as the
Notice of Receipt of Application and Intent to Obtain Permit, unless
there are different requirements in this section or a specific subchapter
in this chapter for a particular type of permit. The applicant shall
also publish the notice under §39.405(h) of this title (relating
to General Notice Provisions), if applicable.
(c) Unless mailed notice is otherwise provided under
this section, the chief clerk shall mail Notice of Application and
Preliminary Decision to those listed in §39.413 of this title
(relating to Mailed Notice).
(d) The notice must include the information required
by §39.411(c) of this title (relating to Text of Public Notice).
(e) For air applications the following apply.
(1) Air quality permit applications that are filed
on or after June 24, 2010, are subject to this paragraph. Applications
filed before June 24, 2010 are governed by the rules as they existed
immediately before June 24, 2010, and those rules are continued in
effect for that purpose. After technical review is complete for applications
subject to the requirements for Prevention of Significant Deterioration
and Nonattainment permits in Chapter 116, Subchapter B of this title
(relating to New Source Review Permits), the executive director shall
file the executive director's draft permit and preliminary decision,
the preliminary determination summary and air quality analysis, as
applicable, with the chief clerk and the chief clerk shall post these
on the commission's website. Notice of Application and Preliminary
Decision must be published as specified in Subchapter K of this chapter
(relating to Public Notice of Air Quality Permit Applications) and,
as applicable, under §39.405(h) of this title, unless the application
is for any renewal application of an air quality permit that would
not result in an increase in allowable emissions and would not result
in the emission of an air contaminant not previously emitted and the
application does not involve a facility for which the applicant's
compliance history is in the lowest classification under Texas Water
Code, §5.753 and §5.754 and the commission's rules in Chapter
60 of this title (relating to Compliance History).
(2) If notice under this section is required, the chief
clerk shall mail notice according to §39.602 of this title (relating
to Mailed Notice).
(3) If the applicant is seeking authorization by permit,
registration, license, or other type of authorization required to
construct, operate, or authorize a component of the FutureGen project
as defined in §91.30 of this title (relating to Definitions),
any application submitted on or before January 1, 2018, shall be subject
to the public notice and participation requirements in Chapter 116,
Subchapter L of this title (relating to Permits for Specific Designated
|Source Note: The provisions of this §39.419 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 March 29, 2006, 31 TexReg 2471; amended to be effective June 24, 2010, 35 TexReg 5198; amended to be effective April 17, 2014, 39 TexReg 2854; amended to be effective December 31, 2015, 40 TexReg 9644