Regulatory Text:

Texas Commission on Environmental Quality

39 Chapter 39 – Public Notice

39H SUBCHAPTER H : APPLICABILITY AND GENERAL PROVISIONS

39H Section 39.419 Notice of Application and Preliminary Determination
As approved by EPA May 9, 2018 (83 FR 21178) SIP effective June 8, 2018 (TXd206).
SIP includes 39.419(e), (e)(1) and (e)(2),
As adopted by TCEQ December 9, 2015 effective December 31, 2015 (39-V),
Submitted to EPA February 21, 2017 (TX-402),
Regulations.gov document EPA-R06-OAR-2017-0124-0006 [TX198.06].
Approved by EPA May 9, 2018 (83 FR 21178) SIP effective June 8, 2018 (TXd206),
Regulations.gov document EPA-R06-OAR-2017-0124-0016 [TX198.16].
Explanation: SIP includes 39.419(e) (e)(1) and (e)(2).

§39.419. Notice of Application and Preliminary Determination.
     (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 6o 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).
***end Tx39H§419 SIP effective June 8, 2018***TXd206***TX198***y95***