2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle C - Air Quality › Chapter 382 - Clean Air Act › Subchapter C. Permits › Section 382.056. Notice of Intent to Obtain Permit or Permit Review; Hearing

Sec. 382.056.  NOTICE OF INTENT TO OBTAIN PERMIT OR PERMIT REVIEW;  HEARING.  (a)  Except as provided by Section 382.0518(h), an applicant for a permit or permit amendment under Section 382.0518 or a permit renewal review under Section 382.055 shall publish notice of intent to obtain the permit, permit amendment, or permit review not later than the 30th day after the date the commission determines the application to be administratively complete.  The commission by rule shall require an applicant for a federal operating permit under Section 382.054 to publish notice of intent to obtain a permit, permit amendment, or permit review consistent with federal requirements and with the requirements of Subsection (b).  The applicant shall publish the notice at least once in a newspaper of general circulation in the municipality in which the facility or federal source is located or is proposed to be located or in the municipality nearest to the location or proposed location of the facility or federal source.  If the elementary or middle school nearest to the facility or proposed facility provides a bilingual education program as required by Subchapter B, Chapter 29, Education Code, the applicant shall also publish the notice at least once in an additional publication of general circulation in the municipality or county in which the facility is located or proposed to be located that is published in the language taught in the bilingual education program.  This requirement is waived if such a publication does not exist or if the publisher refuses to publish the notice.  The commission by rule shall prescribe the form and content of the notice and when notice must be published.  The commission may require publication of additional notice.  The commission by rule shall prescribe alternative procedures for publication of the notice in a newspaper if the applicant is a small business stationary source as defined by Section 5.135, Water Code, and will not have a significant effect on air quality.  The alternative procedures must be cost-effective while ensuring adequate notice.  Notice required to be published under this section shall only be required to be published in the United States.
(b)  The notice must include:
(1)  a description of the location or proposed location of the facility or federal source;
(2)  the location at which a copy of the application is available for review and copying as provided by Subsection (d);
(3)  a description, including a telephone number, of the manner in which the commission may be contacted for further information;
(4)  a description, including a telephone number, of the manner in which the applicant may be contacted for further information;
(5)  a description of the procedural rights and obligations of the public, printed in a font style or size that clearly provides emphasis and distinguishes it from the remainder of the notice, that includes a statement that a person who may be affected by emissions of air contaminants from the facility, proposed facility, or federal source is entitled to request a hearing from the commission;
(6)  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;
(7)  the time and location of any public meeting to be held under Subsection (e);  and
(8)  any other information the commission by rule requires.
(c)  At the site of a facility, proposed facility, or federal source for which an applicant is required to publish notice under this section, the applicant shall place a sign declaring the filing of an application for a permit or permit review for a facility at the site and stating the manner in which the commission may be contacted for further information.  The commission shall adopt any rule necessary to carry out this subsection.
(d)  The applicant shall make a copy of the application available for review and copying at a public place in the county in which the facility or federal source is located or proposed to be located.
(e)  The applicant, in cooperation with the executive director, may hold a public meeting in the county in which the facility or federal source is located or proposed to be located in order to inform the public about the application and obtain public input.
(f)  The executive director shall conduct a technical review of and issue a preliminary decision on the application.
(g)  If, in response to the notice published under Subsection (a) for a permit or permit amendment under Section 382.0518 or a permit renewal review under Section 382.055, a person requests during the period provided by commission rule that the commission hold a public hearing and the request is not withdrawn before the date the preliminary decision is issued, the applicant shall publish notice of the preliminary decision in a newspaper, and the commission shall seek public comment on the preliminary decision.  The commission shall consider the request for public hearing under the procedures provided by Subsections (i)-(n).  The commission may not seek further public comment or hold a public hearing under the procedures provided by Subsections (i)-(n) in response to a request for a public hearing on an amendment, modification, or renewal that would not result in an increase in allowable emissions and would not result in the emission of an air contaminant not previously emitted.
(g-1)  The notice of intent required by Subsection (a) and the notice of the preliminary decision described by Subsection (g) may be consolidated into one notice if:
(1)  not later than the 15th day after the date the application for which the notice is required is received, the commission determines the application to be administratively complete; and
(2)  the preliminary decision and draft permit related to the application are available at the time of the commission's determination under Subdivision (1).
(h)  If, in response to the notice published under Subsection (a) for a permit under Section 382.054, a person requests during the public comment period provided by commission rule that the commission hold a public hearing, the commission shall consider the request under the procedures provided by Section 382.0561 and not under the procedures provided by Subsections (i)-(n).
(i)  The commission by rule shall establish the form and content of the notice, the manner of publication, and the duration of the public comment period.  The notice must include:
(1)  the information required by Subsection (b);
(2)  a summary of the preliminary decision;
(3)  the location at which a copy of the preliminary decision is available for review and copying as provided by Subsection (j);
(4)  a description of the manner in which comments regarding the preliminary decision may be submitted;  and
(5)  any other information the commission by rule requires.
(j)  The applicant shall make a copy of the preliminary decision available for review and copying at a public place in the county in which the facility is located or proposed to be located.
(k)  During the public comment period, the executive director may hold one or more public meetings in the county in which the facility is located or proposed to be located.  The executive director shall hold a public meeting:
(1)  on the request of a member of the legislature who represents the general area in which the facility is located or proposed to be located;  or
(2)  if the executive director determines that there is substantial public interest in the proposed activity.
(k-1)  A permit applicant or the applicant's designated representative is required to attend a public meeting held under this section and must make a reasonable effort to respond to questions relevant to the permit application at the meeting.
(k-2)  Notwithstanding any other law, if the commission holds a public meeting for a permit application for which consolidated notice was issued under this subchapter, the commission shall hold open the public comment period and the period for which a contested case hearing may be requested for the permit application for at least 36 hours after the end of the meeting.
(l)  The executive director, in accordance with procedures adopted by the commission by rule, shall file with the chief clerk of the commission a response to each relevant and material public comment on the preliminary decision filed during the public comment period.
(m)  The chief clerk of the commission shall transmit the executive director's decision, the executive director's response to public comments, and instructions for requesting that the commission reconsider the executive director's decision or hold a contested case hearing to:
(1)  the applicant;
(2)  any person who submitted comments during the public comment period;
(3)  any person who requested to be on the mailing list for the permit action;  and
(4)  any person who timely filed a request for a public hearing in response to the notice published under Subsection (a).
(n)  Except as provided by Section 382.0561, the commission shall consider a request that the commission reconsider the executive director's decision or hold a public hearing in accordance with the procedures provided by Sections 5.556 and 5.557, Water Code.
(o)  Notwithstanding other provisions of this chapter, the commission may hold a hearing on a permit amendment, modification, or renewal if the commission determines that the application involves a facility for which the applicant's compliance history is classified as unsatisfactory according to commission standards under Sections 5.753 and 5.754, Water Code, and rules adopted and procedures developed under those sections.
(p)  The commission by rule shall provide for additional notice, opportunity for public comment, or opportunity for public hearing to the extent necessary to satisfy a requirement to obtain or maintain delegation or approval of a federal program.
(q)  The department shall establish rules to ensure that a permit applicant complies with the notice requirement under Subsection (a).
(r)  This section does not apply to:
(1)  the relocation or change of location of a portable facility to a site where a portable facility has been located at the proposed site at any time during the previous two years;
(2)  a facility located temporarily in the right-of-way, or contiguous to the right-of-way, of a public works project; or
(3)  a facility described by Section 382.065(c), unless that facility is in a county with a population of 3.3 million or more or in a county adjacent to such a county.
(s)  For any permit application subject to this section, the measurement of distances to determine compliance with any location or distance restriction required by this chapter shall be taken toward structures that are in use as of the date that the application is filed with the commission.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.12, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 485, Sec. 15, eff. June 9, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 11.167, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 149, Sec. 2, eff. May 19, 1995;  Acts 1997, 75th Leg., ch. 165, Sec. 6.42, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 11.04(c), eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1350, Sec. 5, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 935, Sec. 4, eff. June 14, 2001;  Acts 2001, 77th Leg., ch. 965, Sec. 2.02, 16.15, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1327, Sec. 3, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 226, Sec. 1, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1054, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 9.0035(e), eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 809 (S.B. 1472), Sec. 1, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 4.26, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 45, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 394 (S.B. 1045), Sec. 1, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 1102 (S.B. 1397), Sec. 4, eff. September 1, 2023.