Regulatory Text:

Texas Commission on Environmental Quality

39 Chapter 39 – Public Notice

39K SUBCHAPTER K : PUBLIC NOTICE OF AIR QUALITY APPLICATIONS

39K Section 39.603 Newspaper 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: none

§39.603. Newspaper Notice.

    (a) Notice of Receipt of Application and Intent to Obtain Permit (NORI) under
§39.418 of this title (relating to Notice of Receipt of Application and Intent to Obtain
Permit) is required to be published no later than 30 days after the executive director
declares an application administratively complete. This notice must contain the text as
required by §39.41l(e) of this title (relating to Text of Public Notice). This notice is not
required for Plant-wide Applicability Limit permit applications.

    (b) Notice of Application and Preliminary Decision (NAPD) under §39.419 of this
title (relating to Notice of Application and Preliminary Decision) is required to be
published within 33 days after the chief clerk has mailed the preliminary decision
concurrently with the NAPD to the applicant. This notice must contain the text as
required by §39.4ll(f) of this title.

    (c) Owners and operators who submit initial registration applications on or after
January 1, 2017, for authorization to construct and operate a concrete batch plant
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) shall publish a consolidated NORI under §39.418 of this title and a NAPD
under §39.419 of this title no later than 30 days after the chief clerk has mailed the
preliminary decision concurrently with the consolidated NORI and NAPD to the
registrant. This notice must contain the text as required by §39.411(f) of this title.

    (d) Owners and operators who submit applications that are declared
administratively and technically complete and for which a draft permit is prepared by
the executive director within 15 days of receipt of the application shall publish a
consolidated NORI under §39.418 of this title and a NAPD under §39.419 of this title
no later than 30 days after the executive director notifies the applicant of the
declaration of administrative completeness and the chief clerk has mailed the
preliminary decision concurrently with the consolidated NORI and NAPD to the
applicant. This notice must contain the text as required by §39.411(e) of this title.

    (e) General newspaper notice. Unless otherwise specified, when this chapter
requires published notice of an air quality permit application or registration, the
applicant or registrant shall publish notice in 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, as follows.
        (1) One notice must be published in the public notice section of the
newspaper and must comply with §39.411(e) - (g) of this title.
        (2) Another notice with a total size of at least six column inches, with a
vertical dimension of at least three inches and a horizontal dimension of at least two
column widths, or a size of at least 12 square inches, must be published in a
prominent location elsewhere in the same issue of the newspaper. This notice must
contain the following information:
            (A) permit application or registration number;
            (B) company name;
            (C) type of facility;
            (D) description of the location of the facility; and
            (E) a note that additional information is in the public notice section
of the same issue.

    (f) Alternative publication procedures for small businesses.
        (1) The applicant or registrant does not have to comply with subsection
(d)(2) of this section if all of the following conditions are met:
            (A) the applicant or registrant and source meets the definition of a
small business stationary source in Texas Water Code, §5.135 including, but not
limited to, those which:
                (i) are not a major stationary source for federal air quality
permitting;
                (ii) do not emit 50 tons or more per year of any regulated air
pollutant;
                (iii) emit less than 75 tons per year of all regulated air
pollutants combined; and
                (iv) are owned or operated by a person that employs 100 or
fewer individuals; and
            (B) if the applicant's or registrant's site meets the emission limits
in §106.4(a) of this title (relating to Requirements for Permitting by Rule) it will be
considered to not have a significant effect on air quality.
        (2) The executive director may post information regarding pending air
permit applications on its website, such as the permit number, company name, project
type, facility type, nearest city, county, date public notice authorized, information on
comment periods, and information on how to contact the agency for further
information.

    (g) If an air application or registration is referred to State Office of
Administrative Hearings for a contested case hearing under Chapter 80 of this title
(relating to Contested Case Hearings), the applicant or registrant shall publish notice
once in a newspaper as described in subsection (d) of this section, containing the
information under §39.4ll(h) of this title. This notice must be published and affidavits
filed with the chief clerk no later than 30 days before the scheduled date of the
hearing.

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