Regulatory Text:

Texas Commission on Environmental Quality

55 Chapter 55 – Request for Reconsideration and Contested Case Hearings: Public Comment

55E SUBCHAPTER E : PUBLIC COMMENT AND PUBLIC MEETINGS

55E Section 55.154. Public Meetings.
As approved by EPA January 6, 2014 (79 FR 00551) SIP effective February 5, 2014 (TXd146).
SIP includes 55.154(a), (b), (c)(1)-(3) and (5), and (d)-(g), as adopted by TCEQ June 2, 2010
effective June 24, 2010 (55-C), and submitted to EPA July 2, 2010 (TX-297).
The text of Section 55.154 is in the Adopted Rules section of the June 18, 2010, Texas Register on
page 35 TexReg 5275 in Regulations.gov document EPA-R06-OAR-2010-0612-0005 [TX109.05].
Approved by EPA January 6, 2014 (79 FR 00551) SIP effective February 5, 2014 (TXd146),
Regulations.gov document EPA-R06-OAR-2010-0612-0020 [TX109.20],
Explanation: SIP includes 55.154(a), (b), (c)(1)-(3) and (5), and (d)-(g).

§55.154. Public Meetings.
   (a) A public meeting is intended for the taking of public comment, and is not a contested case under the Texas Administrative Procedure Act.
   (b) During technical review of the application, the applicant, in cooperation with the executive director, may hold a public meeting in the county in which the facility is located or proposed to be located in order to inform the public about the application and obtain public input.
   (c) At any time, the executive director or Office of Public Assistance may hold public meetings. The executive director or Office of Public Assistance shall hold a public meeting if:
      (1) the executive director determines that there is a substantial or significant degree of public interest in an application;
      (2) a member of the legislature who represents the general area in which the facility is located or proposed to be located requests that a public meeting be held;
      (3) for applications filed on or after the effective date of this section, for Prevention of Significant Deterioration and Nonattainment permits subject to Chapter 116, Subchapter B of this title (relating to New Source Review Permits), an interested person requests a public meeting regarding the executive director's draft permit or air quality analysis; a public meeting held in response to a request under this paragraph will be held after Notice of Application and Preliminary Decision is published; applications filed before the effective date of this section for Prevention of Significant Deterioration and Nonattainment permits subject to Chapter 116, Subchapter B of this title are governed by the rules as they existed immediately before the effective date of this section, and those rules are continued in effect for that purpose;
      (4) NOT IN SIP
      (5) when a public meeting is otherwise required by law.
   (d) Notice of the public meeting shall be given as required by §39.411(d) or (g) of this title (relating to Text of Public Notice), as applicable.
   (e) The applicant shall attend any public meeting held by the executive director or Office of Public Assistance.
   (f) A tape recording or written transcript of the public meeting shall be made available to the public.
   (g) The executive director will respond to comments as required by §55.156(b) and (c) of this title (relating to Public Comment Processing).
***end Tx55E§154 SIP effective February 5, 2014***TXd146**TX109***y8x***