Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 39 - PUBLIC NOTICE › Subchapter H - APPLICABILITY AND GENERAL PROVISIONS › Section 39.412 - Combined Notice for Certain Greenhouse Gases Permit Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies to a permit
				  application transferred from the United States Environmental Protection Agency
				  (EPA) or filed with the commission for initial issuance of a Prevention of
				  Significant Deterioration (PSD) permit to authorize only emissions of
				  Greenhouses Gases, as defined in §
										101.1 of
				  this title (relating to Definitions) which, prior to receipt of the application
				  with the commission, was filed with EPA and for which notice of draft permit
				  was published as required by EPA.
(b) In lieu of compliance with all other
				  applicable requirements of this chapter regarding PSD permit applications, an
				  applicant may fulfill the requirements of this chapter by:
(1) Complying with the requirements of
				  §39.405(f)(3), (h), (i), and (k) of this title (relating to General Notice
				  Provisions) and §39.426(a), (b)(1), (3), and (5) - (8) of this title
				  (relating to Alternative Notice Requirements);
(2) Publishing Notice of Receipt of
				  Application and Intent to Obtain Permit combined with Notice of Application and
				  Preliminary Decision (Combined Notice) as follows:
(A) The published Combined Notice must comply
				  with §39.411(e)(1) - (3), (4)(A)(i), (5)(A), (6) - (9), and (16) of this
				  title (relating to Text of Public Notice);
(B) The published Combined Notice must
				  include the following information:
(i) a list
				  of the individual Greenhouse Gases proposed to be emitted;
(ii) a summary of the executive director's
				  preliminary decision and whether the executive director has prepared a draft
				  permit, and a statement that the executive director's draft permit and
				  preliminary decision, preliminary determination summary, and air quality
				  analysis, if applicable, are available electronically on the commission's
				  website;
(iii) the location, at a
				  public place with internet access in the county 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;
(iv) 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, preliminary
				  determination summary, and air quality analysis, if applicable may be
				  submitted. 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 Combined Notice;
(v) 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, there is substantial public interest in the
				  proposed activity or at the request of any interested person;
(vi) a statement that the comment period will
				  be for at least 30 days following the last publication of the Combined Notice
				  together with the deadline to file comments or request a public
				  meeting;
(vii) a statement that any
				  comments submitted to EPA regarding the application will not be included in the
				  executive director's response to comments unless the comments are timely
				  submitted to the commission; and
(viii) a statement if the executive director
				  prepares a Response to Comments as required by §
													55.156
				  of this title (relating to Public Comment Processing), the Office of the Chief
				  Clerk (chief clerk) will make the executive director's response to public
				  comments available on the commission's website; and
(C) The Combined Notice must meet the
				  requirements of §
												39.603(c) and
				  (d) of this title (relating to Newspaper
				  Notice) and is required to be published within 33 days after the chief clerk
				  has mailed the preliminary decision concurrently with the notice to the
				  applicant;
(3) Making a
				  copy of the application and certain other documents, as applicable, available
				  for review and copying according to the following requirements:
(A) A copy of the application must be
				  available at a public place with internet access in the county in which the
				  facility is located or proposed to be located;
(B) The copy of the application must be
				  updated as changes are made, if any, to the application; and the entire
				  application must be available for review and copying;
(C) A copy of the executive director's
				  preliminary decision, draft permit, preliminary determination summary and air
				  quality analysis, if applicable, must be made available on the first day of
				  newspaper publication of the Combined Notice required by this section and must
				  remain available until the commission has taken action on the application;
				  and
(D) If the application is
				  submitted with confidential information indicate in the public file that there
				  is additional information in a confidential file marked as confidential by the
				  applicant;
(4) Complying
				  with the requirements of §39.604(a) and (c) - (e) of this title (relating
				  to Sign-Posting), except that the sign or signs must be in place on the first
				  day of publication of the Combined Notice. The signs must remain in place and
				  legible throughout the public comment period. The applicant shall provide
				  verification that the sign posting was conducted according to §
											39.604 of
				  this title; and
(5) Complying with
				  §
											39.605
				  of this title (relating to Notice to Affected Agencies).