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 39.419 - Notice of Application and Preliminary Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) After technical review is complete, the
				  executive director shall file the preliminary decision and the draft permit
				  with the Office of the Chief Clerk (chief clerk), except for air applications
				  under subsection (e) of this section. The chief clerk shall mail the
				  preliminary decision concurrently with the Notice of Application and
				  Preliminary Decision. For applications filed on or after September 1, 2015,
				  this mailing will occur no earlier than 30 days after written notification of
				  the draft permit is provided by the executive director to the state senator and
				  state representative of the area in which the facility which is the subject of
				  the application is or will be located. Then, when this chapter requires notice
				  under this section, notice must be given as required by subsections (b) - (e)
				  of this section.
(b) The applicant
				  shall publish Notice of Application and Preliminary Decision at least once in
				  the same newspaper as the Notice of Receipt of Application and Intent to Obtain
				  Permit, unless there are different requirements in this section or a specific
				  subchapter in this chapter for a particular type of permit. The applicant shall
				  also publish the notice under § 39.426 of this title (relating to
				  Alternative Language Requirements ), if applicable.
(c) Unless mailed notice is otherwise
				  provided under this section, the chief clerk shall mail Notice of Application
				  and Preliminary Decision to those listed in §
										39.413
				  of this title (relating to Mailed Notice).
(d) The notice must include the information
				  required by §
										39.411(c)
				  of this title (relating to Text of Public Notice).
(e) For air applications the following apply.
(1) After technical review is complete for
				  applications subject to the requirements for Prevention of Significant
				  Deterioration and Nonattainment permits in Chapter 116, Subchapter B of this
				  title (relating to New Source Review Permits), the executive director shall
				  file the executive director's draft permit and preliminary decision, the
				  preliminary determination summary and air quality analysis, as applicable, with
				  the chief clerk and the chief clerk shall post these on the commission's
				  website. Notice of Application and Preliminary Decision must be published as
				  specified in Subchapter K of this chapter (relating to Public Notice of Air
				  Quality Permit Applications) and, as applicable, under § 39.426 of this
				  title, unless the application is for any renewal application of an air quality
				  permit that would not result in an increase in allowable emissions and would
				  not result in the emission of an air contaminant not previously emitted and the
				  application does not involve a facility for which the applicant's compliance
				  history is in the lowest classification under Texas Water Code, §
											5.753
				  and §
											5.754
				  and the commission's rules in Chapter 60 of this title (relating to Compliance
				  History).
(2) If notice under this
				  section is required, the chief clerk shall mail notice according to §
											39.602
				  of this title (relating to Mailed Notice).
(3) If the applicant is seeking authorization
				  by permit, registration, license, or other type of authorization required to
				  construct, operate, or authorize a component of the Future Gen project as
				  defined in §
											91.30 of
				  this title (relating to Definitions), any application submitted on or before
				  January 1, 2018, shall be subject to the public notice and participation
				  requirements in Chapter 116, Subchapter L of this title (relating to Permits
				  for Specific Designated Facilities).