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Texas 30 TAC Chapter 116, Subchapter B, Division 3, Public Notice, SIP effective May 9, 2006 (TXd75) to June 7, 2018 -- NOT in SIP effective June 8, 2018 (TXd206)

Regulatory Text: 
Texas Chapter 116 - Control of Air Pollution by Permits for New Construction or Modification

Subchapter B : New Source Review Permits

DIVISION 3 : PUBLIC NOTIFICATION AND COMMENT PROCEDURES
As approved by EPA March 10, 2006 (71 FR 12285) effective May 9, 2006 (TXd75).

NOT in SIP effective June 8, 2018 (TXd206)

On November 2, 2016 TCEQ adopted the repeal of Sections 116.130, 116.131, 116.132,
116.133, 116.134, 116.136, and 116.137, effective November 24, 2016 (6-89).
Submitted to EPA February 21, 2017 (TX-401),
Regulations.gov document EPA-R06-OAR-2017-0124-0005 [TX198.05].
Approved by EPA May 9, 2018 (83 FR 21178) effective June 8, 2018 (TXd206),
Regulations.gov docket EPA-R06-OAR-2017-0124 [TX198].

Outline:
§116.130.  Applicability. 6-48, TXd34
§116.131.  Public Notification Requirements. 6-48, TXd34
§116.132.  Public Notice Format. 6-48, TXd75
§116.133.  Sign Posting Requirements. 6-48, TXd75
§116.134.  Notification of Affected Agencies. 6-48, TXd34
§116.136.  Public Comment Procedures. 6-31, TXd34
§116.137.  Notification of Final Action by the Texas Natural Resource Conservation Commission. 6-48, TXd34


6B3 §116.130.  Applicability.
As adopted by TNRCC June 17, 1998, effective July 8, 1998 (6-48).
Approved by EPA September 18, 2002 (67 FR 58697) effective October 18, 2002 (TXd34).
Not in SIP: Subsection (c).

     (a)  Any person who applies for a new permit or permit renewal shall be required to publish notice of the intent to construct a new facility or modify an existing facility or renew a permit.  The notice shall be published in a newspaper in general circulation in the municipality where the facility is located or to be located.  Any person who applies for a permit amendment shall provide public notification as required by the executive director.

     (b)  Upon written request by the owner or operator of a facility which previously has received a permit or special permit from the commission, the executive director, or designated representative may exempt the relocation of such facility from the requirements of this section if there is no indication that operation of the facility at the proposed new location will significantly affect ambient air quality and no indication that operation of the facility at the proposed new location will cause a condition of air pollution.

     (c)  NOT in SIP

As adopted by TNRCC June 17, 1998, effective July 8, 1998 (6-48).
*************end tx 116.130 approved by epa 09/18/02******TXd34*****cxr**


6B3 §116.131.  Public Notification Requirements.
As adopted by TNRCC June 17, 1998, effective July 8, 1998 (6-48).
Approved by EPA September 18, 2002 (67 FR 58697) effective October 18, 2002 (TXd34).

     (a)  Notification by applicant.  If the application is complete, for any permit subject to the FCAA, Title I, Part C or D, or to Title 40 Code of Federal Regulations (CFR), Part 51.165(b), the executive director shall state a preliminary determination to issue or deny the permit and require the applicant to conduct public notice of the proposed construction.  If an application is received for a permit not subject to the FCAA, Part C or D, or to 40 CFR 51.165(b), the executive director shall require the applicant to conduct public notice of the proposed construction.  In all cases, public notice shall include the information specified in §116.132 of this title (relating to Public Notice Format) and the applicant shall provide such notice using each of the methods specified in §116.132 of this title.  The executive director may specify that additional information needed to satisfy public notice requirements of 40 CFR §52.21 also be included in the notice published under §116.132 of this title.

     (b)  Availability of application for review.  The executive director shall make the completed application (except sections relating to confidential information) and the preliminary analyses of the application completed prior to publication of the public notice available for public inspection during normal business hours at the commission’s Austin office and at the appropriate commission regional office in the region where construction is proposed throughout the comment period established in the notice published under §116.132 of this title.

As adopted by TNRCC June 17, 1998, effective July 8, 1998 (6-48).
*************end tx 116.131 approved by epa 09/18/02******TXd34*****cxr**


6B3 §116.132.  Public Notice Format.
As adopted by TNRCC June 17, 1998 effective July 8, 1998 (6-48).
Approved by EPA March 10, 2006 (71 FR 12285) effective May 9, 2006 (TXd75).

     (a)  Publication in public notices section of newspaper.  At the applicant's expense, notice of intent to obtain a permit to construct a facility, modify an existing facility, or to seek permit renewal review shall be published in the public notice section of two successive issues of 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.  The notice shall contain the following information:

          (1)  permit application number;

          (2)  company name;

          (3)  type of facility;

          (4)  description of the location of facility or proposed location of the facility;

          (5)  contaminants to be emitted;

          (6)  preliminary determination of the executive director to issue or not issue the permit (for permits subject to the FCAA, Title I, Part C or D, or to 40 Code of Federal Regulations 51.165(b));

          (7)  location and availability of copies of the completed permit application and the executive director’s preliminary analyses;

          (8)  public comment period;

          (9)  procedure for submission of public comments concerning the proposed construction;

          (10)  notification that a person who may be affected by emission of air contaminants from the facility is entitled to request a hearing in accordance with commission rules; and

          (11)  name, address, and phone number of the appropriate commission office to be contacted for further information.

     (b)  Publication elsewhere in the newspaper.  Another notice with a size of at least 96.8 square centimeters (15 square inches) and whose shortest dimension is at least 7.6 centimeters (three inches) shall be published in a prominent location elsewhere in the same issue of the newspaper and shall contain the information specified in subsection (a)(1)-(4) of this section and note that additional information is contained in the notice published under subsection (a) of this section in the public notice section of the same issue.

     (c)  Additional alternate language public notice.  The requirements of this subsection are applicable whenever either the elementary school or the middle school located nearest to the facility or proposed facility provides a bilingual education program as required by the Education Code, Chapter 29, Subchapter B, and 19 TAC §89.1205(a) or if either school has waived out of such a required bilingual education program under the provisions of 19 TAC §89.1205(g).  Schools not governed by the provisions of 19 TAC §89.1205 shall not be considered in determining applicability of the requirements of this subsection.  Each affected facility shall meet the following requirements.

          (1)  The applicant shall publish an additional notice at least once in each alternate language in which the bilingual education program is taught.  If the nearest elementary or middle school has waived out of the requirements of 19 TAC §89.1205(a) under 19 TAC §89.1205(g), the notice shall be published in the alternate languages in which the bilingual education program would have been taught had the school not waived out of the bilingual education program.

          (2)  Each notice under this subsection shall be published in a newspaper or publication that is published in the alternate language in which public notice is required.

          (3)  The newspaper or publication must be of general circulation in the municipality or county in which the facility is located or proposed to be located.

          (4)  The requirements of this subsection are waived for each language in which no publication exists, or if the publishers of all alternate language publications refuse to publish the notice.

          (5)  Notice under this subsection shall only be required to be published within the United States.

          (6)  If the alternate language publication is published once a week or more frequently, then notice shall be published in two successive issues.  Otherwise, only one publication shall be required.

          (7)  If the alternate language publication is published less frequently than once a month, this notice requirement may be waived by the executive director on a case-by-case basis.

          (8)  Each alternate language publication shall follow the requirements of subsections (a) and (b) of this section not otherwise inconsistent with this subsection.

     (d)  Exemptions from alternate language notification.  Elementary or middle schools that offer English as a second language under 19 TAC §89.1205(e), and are not otherwise affected by 19 TAC §89.1205(a), will not trigger the requirements of subsection (c) of this section.

Adopted June 17, 1998, Effective July 8, 1998 (6-48).
***end tx 116.132***6-48***EPA-R06-OAR-2004-TX-0006***TX005***TXd75***h1w***


6B3 §116.133.  Sign Posting Requirements.
As adopted by TNRCC June 17, 1998 effective July 8, 1998 (6-48).
Approved by EPA March 10, 2006 (71 FR 12285) effective May 9, 2006 (TXd75).

     (a)  At the applicant's expense, a sign or signs shall be placed at the site of the proposed facility declaring the filing of an application for a permit and stating the manner in which the commission may be contacted for further information.  Such signs shall be provided by the applicant and shall meet the following requirements:

          (1)  signs shall consist of dark lettering on a white background and shall be no smaller than 18 inches by 28 inches;

          (2)  signs shall be headed by the words "PROPOSED AIR QUALITY PERMIT" in no less than two-inch bold face block printed capital lettering;

          (3)  signs shall include the words "APPLICATION NO." and the number of the permit application in no less than one-inch bold-face block printed capital lettering (more than one number may be included on the signs if the respective public comment periods coincide);

          (4)  signs shall include the words "for further information contact" in no less than 1/2-inch lettering;

          (5)  signs shall include the words “Texas Natural Resource Conservation Commission,” and the address of the appropriate commission regional office in no less than one-inch boldface capital lettering and 3/4-inch boldface lower case lettering; and

          (6)  signs shall include the phone number of the appropriate commission office in no less than two-inch boldface numbers.

     (b)  The sign or signs must be in place by the date of publication of the newspaper notice required by §116.132 of this title (relating to Public Notice Format) and must remain in place and legible throughout the period of public comment provided for in §116.136(a) of this title (relating to Public Comment Procedures).

     (c)  Each sign placed at the site must be located within ten feet of each (every) property line paralleling a street or other public thoroughfare.  Signs must be visible from the street and spaced at not more than 1,500-foot intervals.  A minimum of one sign, but no more than three signs shall be required along any property line paralleling a public thoroughfare.  The commission may approve variations from these requirements if it is determined that alternative sign posting plans proposed by the applicant are more effective in providing notice to the public.

     (d)  The commission may approve variations from the requirements of subsection (c) of this section if the applicant has demonstrated that it is not practical to comply with the specific requirements of subsection (c) of this section and alternative sign posting plans proposed by the applicant are at least as effective in providing notice to the public.  The approval from the commission under this subsection must be received before posting signs for purposes of satisfying the requirements of this section.

     (e)  These sign requirements do not apply to properties under the same ownership which are noncontiguous and/or separated by intervening public thoroughfares, unless directly involved by the permit application.

     (f)  Alternate language sign posting.  The requirements of this subsection are applicable whenever either the elementary school or the middle school located nearest to the facility or proposed facility provides a bilingual education program as required by the Education Code, Chapter 29, Subchapter B, and 19 TAC §89.1205(a) or if either school has waived out of such a required bilingual education program under the provisions of 19 TAC §89.1205(g).  Schools not governed by the provisions of 19 TAC §89.1205(a) shall not be considered in determining applicability of the requirements of this subsection.  Each affected facility shall meet the following requirements.

          (1)  The applicant shall post an additional sign in each alternate language in which the bilingual education program is taught.  If the nearest elementary or middle school has waived out of the requirements of 19 TAC §89.1205(a) under 19 TAC §89.1205(g), the alternate language signs shall be published in the alternate languages in which the bilingual education program would have been taught had the school not waived out of the bilingual education program.

          (2)  The alternate language signs shall be posted adjacent to each English language sign required in this section.

          (3)  The alternate language sign posting requirements of this subsection shall be satisfied without regard to whether alternate language notice is required under §116.132(c) of this title (relating to Public Notice Format).

          (4)  The alternate language signs shall meet all other requirements of this section.

     (g)  Exemption from alternate language sign posting.  Elementary or middle schools that offer English as a second language under 19 TAC §89.1205(e), and are not otherwise affected by 19 TAC §89.1205(a), will not trigger the requirements of subsection (f) of this section.

Adopted June 17, 1998, Effective July 8, 1998 (6-48).
***end tx 116.133***6-48***EPA-R06-OAR-2004-TX-0006***TX005***TXd75***h1w***


6B3 §116.134.  Notification of Affected Agencies.
As adopted by TNRCC June 17, 1998, effective July 8, 1998 (6-48).
Approved by EPA September 18, 2002 (67 FR 58697) effective October 18, 2002 (TXd34).

     When newspaper notices are published in accordance with §116.132 of this title (relating to Public Notice Format), the permit applicant shall furnish a copy of such notices and date of publication to the commission in Austin; the EPA regional administrator in Dallas; all local air pollution control agencies with jurisdiction in the county in which the construction is to occur; and the air pollution control agency of any nearby state in which air quality may be adversely affected by the emissions from the new or modified facility.  Along with such notices furnished to the commission, the permit applicant shall certify that the signs required by §116.133 of this title (relating to Sign Posting Requirements) have been posted in accordance with the provisions of that section.

As adopted by TNRCC June 17, 1998, effective July 8, 1998 (6-48).
*************end tx 116.134 approved by epa 09/18/02******TXd34*****cxr**


6B3 §116.136.  Public Comment Procedures.
As adopted by TACB August 16, 1993, effective September 13, 1993 (6-31).
Approved by EPA September 18, 2002 (67 FR 58697) effective October 18, 2002 (TXd34).

     (a)  Comment period.  Interested persons may submit written comments, including requests for public hearings pursuant to the Texas Clean Air Act, §382.056, on the permit application and on the Executive Director's preliminary decision to issue or not to issue the permit.  All such comments and hearing requests must be received in writing within 30 days of the last publication date of the notices specified in §116.132 of this title (relating to Public Notice Format).  The comment period for permit renewals and for concrete batch plants which meet the conditions of a standard exemption is 15 days.  Any requests for a contested case hearing shall include a brief, but specific, written statement of interest and basis for challenging the application.  Such statement shall convey in plain language the requestor's location relative to the proposed facility, why the requestor believes he or she will be affected by emissions from the proposed facility, what the requestor's concerns are about the emissions from the proposed facility, and how the requestor believes emissions from the facility will affect him or her if permitted.  This statement shall not be used as the basis for denial of party status in any contested case hearing.  Party status determinations will be made based on evidence developed at the initial prehearing conferences.

     (b)  Consideration of comments.  All written comments received by the Executive Director during the period specified in subsection (a) of this section shall be considered in determining whether to issue or not to issue the permit.  The Executive Director shall make record of all comments received together with the agency analysis of such comments available for public inspection during normal business hours at the Austin office of the Texas Natural Resource Conservation Commission and appropriate regional office.

As adopted by TNRCC August 16, 1993 effective September 13, 1993 (6-31).
*************end tx 116.136 approved by epa 09/18/02******TXd34*****cxr**


6B3 §116.137.  Notification of Final Action by the Commission.
As adopted by TACB June 17, 1998, effective July 8, 1998 (6-48).
Approved by EPA September 18, 2002 (67 FR 58697) effective October 18, 2002 (TXd34).

     (a)  Notification of applicant.  Within 180 days of receipt of a completed application, the executive director shall notify the permit applicant of the final decision to grant or deny the permit, provided:

          (1)  no requests for public hearing or public meeting on the proposed facility have been received;

          (2)  the applicant has satisfied all public notification requirements of this section; and 

          (3)  the federal regulations for Prevention of Significant Deteriora-tion of Air Quality and nonattainment review do not apply.

     (b)  Notification of commenters.  Persons submitting written comments in accordance with §116.136(a) of this title (relating to Public Comment Procedures) or persons submitting a written request to be notified of the final agency action within the comment period specified in §116.136(a) of this title will be notified of the executive director's final decision at the same time that the applicant is notified.

As adopted by TACB June 17, 1998, effective July 8, 1998 (6-48).
*************end tx 116.137 approved by epa 09/18/02******TXd34*****cxr**
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