30 Tex. Admin. Code § 39.419 - Notice of Application and Preliminary Decision
(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).
Notes
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