An official website of the United States government.

This is not the current EPA website. To navigate to the current EPA website, please go to www.epa.gov. This website is historical material reflecting the EPA website as it existed on January 19, 2021. This website is no longer updated and links to external websites and some internal pages may not work. More information »

Texas 30 TAC Chapter 39, Subchapter H, Section 39.411, Text of Public Notice, SIP effective August 12, 2019 (TXd217)

Regulatory Text:

Texas Commission on Environmental Quality

39 Chapter 39 – Public Notice

39H SUBCHAPTER H : APPLICABILITY AND GENERAL PROVISIONS

39H Section 39.411. Text of Public Notice.
As adopted by TCEQ May 9, 2018 effective May 31, 2018 (39-Y),
Submitted to EPA July 9, 2018 (TX-410, 39-Y, 55-J, z431),
Regulations.gov document EPA-R06-OAR-2018-0555-0003 [TX205.03].
Approved by EPA July 12, 2019 (84 FR 33172), SIP effective August 12, 2019 (TXd217),
Regulations.gov docket EPA-R06-OAR-2018-0555 [TX205].

Explanation:
SIP includes 39.411(a), 39.411(e)(1)-(4)(A)(i) and (iii), (4)(B),
(e)(5) introductory paragraph, (e)(5)(A), (e)(5)(B), (e)(6)-(9),
(e)(10), (e)(11)(A)(i), (e)(11)(A)(iii)-(vi), (e)(11)(B)-(F), (e)(13),
(e)(15), (e)(16), (f) introductory paragraph, (f)(1)-(8), (g), and (h).


§39.411. Text of Public Notice.

    (a) Applicants shall use notice text provided and approved by the agency. The
executive director may approve changes to notice text before notice being given.

    (b) to (d) NOT IN SIP

    (e) When Notice of Receipt of Application and Intent to Obtain Permit by
publication or by mail is required by Subchapters H and K of this chapter for air
quality permit applications, the text of the notice must include the information in this
subsection:
        (1) the name and address of the agency and the telephone number of an
agency contact from whom interested persons may obtain further information;
        (2) the name, address, and telephone number of the applicant and a
description of the manner in which a person may contact the applicant for further
information;
        (3) a brief description of the location and nature of the proposed activity;
        (4) a brief description of public comment procedures, including:
            (A) a statement that the executive director will respond to:
                (i) all comments regarding applications for Prevention of
Significant Deterioration and Nonattainment permits under Chapter 116, Subchapter B
of this title (relating to New Source Review Permits) and Plant-wide Applicability limit
permits under Chapter 116 of this title (relating to Control of Air Pollution by Permits
for New Construction or Modification) filed on or after June 18, 2010;
                (ii) NOT IN SIP
                (iii) for all other air quality permit applications, comments
raising issues that are relevant and material or otherwise significant; and
            (B) a statement in the notice for any air quality permit application
for which there is an opportunity for a contested case hearing, that only disputed
factual issues that are relevant and material to the commission's decision that are
raised during the comment period can be considered if a contested case hearing is
granted;
        (5) a brief description of procedures by which the public may participate
in the final permit decision and, if applicable, how to request a public meeting,
contested case hearing, reconsideration of the executive director's decision, a notice
and comment hearing, or a statement that later notice will describe procedures for
public participation, printed in a font style or size that clearly provides emphasis and
distinguishes it from the remainder of the notice. Where applicable, the notice should
include a statement that a public meeting will be held by the executive director if
requested by a member of the legislature who represents the general area where the
facility is to be located if there is substantial public interest in the proposed activity
when requested by any interested person for the following applications that are filed
on or after June 18, 2010:
            (A) air quality permit applications subject to the requirements for
Prevention of Significant Deterioration and Nonattainment in Chapter 116, Subchapter
B of this title;
            (B) applications for the establishment or renewal of, or an increase
in, a plant-wide applicability limit subject to Chapter 116 of this title; and
            (C) NOT IN SIP
        (6) the application or permit number;
        (7) if applicable, a statement that the application or requested action is
subject to the Coastal Management Program and must be consistent with the Coastal
Management Program goals and policies;
        (8) the location, at a public place in the county in which the facility is
located or proposed to be located, at which a copy of the application is available for
review and copying;
        (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;
        (10) at a minimum, a listing of criteria pollutants for which authorization
is sought in the application which are regulated under national ambient air quality
standards or under state standards in Chapters 111 - 113, 115, and 117 of this title
(relating to Control of Air Pollution from Visible Emissions and Particulate Matter,
Control of Air Pollution from Sulfur Compounds, Standards of Performance for
Hazardous Air Pollutants and for Designated Facilities and Pollutants, Control of Air
Pollution from Volatile Organic Compounds, and Control of Air Pollution from
Nitrogen Compounds);
        (11) If notice is for any air quality permit application except those listed
in paragraphs ( 12) and ( 15) of this subsection, the following information must be
printed in a font style or size that clearly provides emphasis and distinguishes it from
the remainder of the notice:
            (A) a statement that a person who may be affected by emissions of
air contaminants from the facility or proposed facility is entitled to request a
contested case hearing from the commission within the following specified time
periods;
                (i) for air quality permit applications subject to the
requirements for Prevention of Significant Deterioration and Nonattainment permits in
Chapter 116, Subchapter B of this title a statement that a request for a contested case
hearing must be received by the commission by the end of the comment period or
within 30 days after the mailing of the executive director's response to comments;
                (ii)  NOT IN SIP
                (iii) for renewals of air quality permits 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), a statement that a request for a contested case
hearing must be received by the commission before the close of the 15-day comment
period provided in response to the last publication of Notice of Receipt of Application
and Intent to Obtain Permit;
                (iv) for initial registrations for concrete batch plants under
the Air Quality Standard Permit for Concrete Batch Plants adopted by the commission
under Chapter 116, Subchapter F of this title (relating to Standard Permits) received on
or after January 1, 2017, the following statements:
                    (I) a request for a contested case hearing must be
received by the commission before the dose of the comment period provided in
response to the last publication of the consolidated Notice of Receipt of Application
and Intent to Obtain Permit and Notice of Application and Preliminary Decision in
§39.603(c) of this title (relating to Newspaper Notice);
                    (II) if no hearing requests are received by the end of
the 30-day comment period there is no further opportunity to request a contested case
hearing; and
                    (III) if any hearing requests are received before the
close of the 30-day comment period, the opportunity to file a request for a contested
case hearing is extended to 30 days after the mailing of the executive director's
response to comments;
                (v) for new air quality permit applications and for permit
amendment applications issued under Chapter 116, Subchapters Band G of this title
(relating to New Source Review Permits and Flexible Permits), for which the executive
director has declared the application administratively and technically complete and
prepared a draft permit within 15 days of receipt of the application, the following
information:
                    (I) the date the application was received and the date
the draft permit was completed; and
                    (II) a request for a contested case hearing must be
received by the commission before the close of the comment period provided in
response to the last publication of the consolidated Notice of Receipt of Application
and Intent to Obtain Permit and Notice of Application and Preliminary Decision in
§39.603(d) of this title. If no hearing requests are received by the end of the 30-day
comment period there is no further opportunity to request a contested case hearing. If
any hearing requests are received before the close of the 30-day comment period, the
opportunity to file a request for a contested case hearing is extended to 30 days after
the mailing of the executive director's response to comments; or
                (vi) for all air quality permit applications other than those in
clauses (i) - (v) of this subparagraph, a statement that a request for a contested case
hearing must be received by the commission before the close of the 30-day comment
period provided in response to the last publication of Notice of Receipt of Application
and Intent to Obtain Permit. If no hearing requests are received by the end of the 30-
day comment period following the last publication of Notice of Receipt of Application
and Intent to Obtain Permit, there is no further opportunity to request a contested
case hearing. If any hearing requests are received before the close of the 30-day
comment period following the last publication of Notice of Receipt of Application and
Intent to Obtain Permit, the opportunity to file a request for a contested case hearing
is extended to 30 days after the mailing of the executive director's response to
comments;
            (B) a statement that a request for a contested case hearing must be
received by the commission;
            (C) a statement that a contested case hearing request must include
the requester's location relative to the proposed facility or activity;
            (D) a statement that a contested case hearing request should
include a description of how the requestor will be adversely affected by the proposed
facility or activity in a manner not common to the general public, including a
description of the requestor's uses of property which may be impacted by the
proposed facility or activity;
            (E) a statement that only relevant and material issues raised during
the comment period can be considered if a contested case hearing request is granted;
and
            (F) if notice is for air quality permit applications described in
subparagraph (A)( vi) of this paragraph, a statement that when no hearing requests are
timely received the applicant shall publish a Notice of Application and Preliminary
Decision that provides an opportunity for public comment and to request a public
meeting.
        (12) NOT IN SIP
        (13) notification that a person residing within 440 yards of a concrete
batch plant authorized by the Air Quality Standard Permit for Concrete Batch Plants
adopted by the commission under Chapter 116, Subchapter F of this title is an affected
person who is entitled to request a contested case hearing;
        (14) NOT IN SIP
        (15) if notice is for an application for an air quality permit under Chapter
116, Subchapter B, Division 6 of this title (relating to Prevention of Significant
Deterioration Review) that would authorize only emissions of greenhouse gases as
defined in §101.1 of this title (relating to Definitions), a statement that any interested
person is entitled to request a public meeting or a notice and comment hearing, as
applicable, from the commission; and
        (16) any additional information required by the executive director or
needed to satisfy federal public notice requirements.

    (f) The chief clerk shall mail Notice of Application and Preliminary Decision, or
the consolidated Notice of Receipt of Application and Intent to Obtain Permit and
Notice of Application and Preliminary Decision, as provided for in §39.603(c) or (d) of
this title, to those listed in §39.602 of this title (relating to Mailed Notice). When notice
of application and preliminary decision by publication or by mail is required by
Subchapters H and K of this chapter for air quality permit applications, the text of the
notice must include the information in this subsection:
        (1) the information required by subsection (e) of this section;
        (2) a summary of the executive director's preliminary decision and
whether the executive director has prepared a draft permit;
        (3) the location, at a public place in the county with internet access in
which the facility is located or proposed to be located, at which a copy of the complete
application and the executive director's draft permit and preliminary decision are
available for review and copying;
        (4) a brief description of public comment procedures, including a
description of the manner in which comments regarding the executive director's draft
permit and, where applicable, preliminary decision, preliminary determination
summary, and air quality analysis may be submitted, or a statement in the notice for
any air quality permit application for which there is an opportunity for contested case
hearing, that only relevant and material issues raised during the comment period can
be considered if a contested case hearing is granted. The public comment procedures
must be printed in a font style or size that clearly provides emphasis and distinguishes
it from the remainder of the notice;
        (5) the deadline to file comments or request a public meeting. The notice
should include a statement that a public meeting will be held by the executive director
if requested by a member of the legislature who represents the general area where the
facility is to be located or there is substantial public interest in the proposed activity.
The notice must include a statement that the comment period will be for at least 30
days following publication of the Notice of Application and Preliminary Decision;
        (6) if the application is subject to final approval by the executive director
under Chapter 50 of this title, a statement that the executive director may issue final
approval of the application unless a timely contested case hearing request or a timely
request for reconsideration (if applicable) is filed with the chief clerk after transmittal
of the executive director's decision and response to public comment;
        (7) If the executive director prepares a Response to Comments as
required by §55.156 of this title (relating to Public Comment Processing), the chief
clerk will make the executive director's response to public comments available on the
commission's website;
        (8) in addition to the requirements in paragraphs (1) - (7) of this
subsection, for air quality permit applications filed on or after June 18, 2010 for
permits under Chapter 116, Subchapter B, Divisions 5 and 6 of this title (relating to
Nonattainment Review Permits and Prevention of Significant Deterioration Review):
            (A) as applicable, the degree of increment consumption that is
expected from the source or modification;
            (B) a statement that the state's air quality analysis is available for
comment;
            (C) the deadline to request a public meeting;
            (D) a statement that the executive director will hold a public
meeting at the request of any interested person; and
            (E) a statement that the executive director's draft permit and
preliminary decision, preliminary determination summary, and air quality analysis are
available electronically on the commission's website at the time of publication of the
Notice of Application and Preliminary Decision; and
        (9) NOT IN SIP

    (g) When notice of a public meeting by publication or by mail is required by
Subchapters H and K of this chapter for air quality permit applications filed on or after
June 18, 2010, the text of the notice must include the information in this subsection.
Air quality permit applications filed before June 18, 2010, are governed by the rules in
Subchapters Hand K of this chapter as they existed immediately before June 18, 2010,
and those rules are continued in effect for that purpose.
        (1) the information required by subsection (e)(l) - (3), (4)(A), (6), (8), (9),
and (16) of this section;
        (2) the date, time, and place of the public meeting, and a brief description
of the nature and purpose of the meeting, including the applicable rules and
procedures; and
        (3) a brief description of public comment procedures, including a
description of the manner in which comments regarding the executive director's draft
permit and preliminary decision, and, as applicable, preliminary determination
summary, and air quality analysis may be submitted and a statement in the notice for
any air quality permit application for which there is an opportunity for contested case
hearing, that only relevant and material issues raised during the comment period can
be considered if a contested case hearing is granted.

    (h) When notice of a contested case hearing under Chapter 80 of this title
(relating to Contested Case Hearings) by publication or by mail is required by
Subchapters H and K of this chapter for air quality permit applications, the text of the
notice must include the following information:
        (1) the information required by subsection (e)(l) - (3), (6), (9), and (16) of
this section; and
        (2) the date, time, and place of the hearing, and a brief description of the
nature and purpose of the hearing, including the applicable rules and procedures.

***end Tx39H§411***SIP effective August 12, 2019***TXd217**TX205***z7n***