Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 55 - REQUESTS FOR RECONSIDERATION AND CONTESTED CASE HEARINGS; PUBLIC COMMENT › Subchapter D - APPLICABILITY AND DEFINITIONS › Section 55.101 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter and Subchapters E - G of
				  this chapter (relating to Public Comment and Public Meetings; Requests for
				  Reconsideration or Contested Case Hearing; and Requests for Contested Case
				  Hearing and Public Comment on Certain Applications) apply to permit
				  applications that are declared administratively complete on or after September
				  1, 1999, as specified in subsections (b) - (g) of this section.
(b) This subchapter and Subchapters E - G of
				  this chapter apply to public comments, public meetings, hearing requests, and
				  requests for reconsideration.
(c)
				  This subchapter and Subchapters E and F of this chapter apply only to
				  applications filed under Texas Water Code (TWC), Chapters 26, 27, and 32 and
				  Texas Health and Safety Code (THSC), Chapters 361 and 382.
(d) Subchapter G of this chapter applies to
				  all applications other than those listed in subsection (e) of this section and
				  other than those filed under TWC, Chapters 26, 27, and 32 and THSC, Chapters
				  361 and 382.
(e) This subchapter
				  and Subchapters E and F of this chapter apply to applications for amendment,
				  modification, or renewal of air quality permits that would not result in an
				  increase in allowable emissions and would not result in the emission of an air
				  contaminant not previously emitted. The commission may not seek further public
				  comment or hold a public hearing under the procedures provided by §
										39.419
				  of this title (relating to Notice of Application and Preliminary Decision),
				  §
										55.156
				  of this title (relating to Public Comment Processing), and Subchapter F of this
				  chapter for such applications. The commission may hold a contested case hearing
				  if the application involves a facility for which the applicant's compliance
				  history contains violations which are unresolved and which constitute a
				  recurring pattern of egregious conduct which demonstrates a consistent
				  disregard for the regulatory process, including the failure to make a timely
				  and substantial attempt to correct the violations.
(f) This subchapter and Subchapters E - G of
				  this chapter do not apply to hearing requests related to:
(1) applications for emergency or temporary
				  orders;
(2) applications for
				  temporary or term permits for water rights;
(3) air quality exemptions from permitting
				  and permits by rule under Chapter 106 of this title (relating to Permits by
				  Rule) except for construction of concrete batch plants which are not
				  temporarily located contiguous or adjacent to a public works project;
(4) applications for Class I injection well
				  permits used only for the disposal of nonhazardous brine produced by a
				  desalination operation or nonhazardous drinking water treatment residuals under
				  TWC, §27.021, concerning Permit for Disposal of Brine from Desalination
				  Operations or of Drinking Water Treatment Residuals in Class I Injection
				  Wells;
(5) the issuance, amendment,
				  renewal, suspension, revocation, or cancellation of a general permit, or the
				  authorization for the use of an injection well under a general permit under
				  TWC, §27.025, concerning General Permit Authorizing Use of Class I
				  Injection Well to Inject Nonhazardous Brine from Desalination Operations or
				  Nonhazardous Drinking Water Treatment Residuals; and
(6) applications where the opportunity for a
				  contested case hearing does not exist under other laws.