30 Tex. Admin. Code § 39.603 - Newspaper Notice
(a) Notice of
Receipt of Application and Intent to Obtain Permit (NORI) under §
39.418 of this title (relating to
Notice of Receipt of Application and Intent to Obtain Permit) is required to be
published no later than 30 days after the executive director declares an
application administratively complete. This notice must contain the text as
required by §
39.411(e) of
this title (relating to Text of Public Notice). This notice is not required for
Plant-wide Applicability Limit permit applications.
(b) Notice of Application and Preliminary
Decision (NAPD) under §
39.419 of this title (relating to
Notice of Application and Preliminary Decision) is required to be published
within 33 days after the chief clerk has mailed the preliminary decision
concurrently with the NAPD to the applicant. This notice must contain the text
as required by §
39.411(f) of
this title.
(c) Owners and
operators who submit initial registration applications on or after January 1,
2017, for authorization to construct and operate a concrete batch plant under
the Air Quality Standard Permit for Concrete Batch Plants adopted by the
commission under Chapter 116, Subchapter F of this title (relating to Standard
Permits) shall publish a consolidated NORI under §
39.418 of this title and a NAPD
under §
39.419 of this title no later than
30 days after the chief clerk has mailed the preliminary decision concurrently
with the consolidated NORI and NAPD to the registrant. This notice must contain
the text as required by §
39.411(f) of
this title.
(d) Owners and
operators who submit applications that are declared administratively and
technically complete and for which a draft permit is prepared by the executive
director within 15 days of receipt of the application shall publish a
consolidated NORI under §
39.418 of this title and a NAPD
under §
39.419 of this title no later than
30 days after the executive director notifies the applicant of the declaration
of administrative completeness and the chief clerk has mailed the preliminary
decision concurrently with the consolidated NORI and NAPD to the applicant.
This notice must contain the text as required by §
39.411(e) of
this title.
(e) General newspaper
notice. Unless otherwise specified, when this chapter requires published notice
of an air quality permit application or registration, the applicant or
registrant shall publish notice in a newspaper of general circulation in the
municipality in which the facility is located or is proposed to be located or
in the municipality nearest to the location or proposed location of the
facility, as follows.
(1) One notice must be
published in the public notice section of the newspaper and must comply with
§
39.411(e) - (g)
of this title.
(2) Another notice
with a total size of at least six column inches, with a vertical dimension of
at least three inches and a horizontal dimension of at least two column widths,
or a size of at least 12 square inches, must be published in a prominent
location elsewhere in the same issue of the newspaper. This notice must contain
the following information:
(A) permit
application or registration number;
(B) company name;
(C) type of facility;
(D) description of the location of the
facility; and
(E) a note that
additional information is in the public notice section of the same
issue.
(f)
Alternative publication procedures for small businesses.
(1) The applicant or registrant does not have
to comply with subsection (e)(2) of this section if all of the following
conditions are met:
(A) the applicant or
registrant and source meets the definition of a small business stationary
source in Texas Water Code, §
5.135 including, but not
limited to, those which:
(i) are not a major
stationary source for federal air quality permitting;
(ii) do not emit 50 tons or more per year of
any regulated air pollutant;
(iii)
emit less than 75 tons per year of all regulated air pollutants combined;
and
(iv) are owned or operated by a
person that employs 100 or fewer individuals; and
(B) if the applicant's or registrant's site
meets the emission limits in §
106.4(a) of this
title (relating to Requirements for Permitting by Rule) it will be considered
to not have a significant effect on air quality.
(2) The executive director may post
information regarding pending air permit applications on its website, such as
the permit number, company name, project type, facility type, nearest city,
county, date public notice authorized, information on comment periods, and
information on how to contact the agency for further information.
(g) If an air application or
registration is referred to State Office of Administrative Hearings for a
contested case hearing under Chapter 80 of this title (relating to Contested
Case Hearings), the applicant or registrant shall publish notice once in a
newspaper as described in subsection (e) of this section, containing the
information under §
39.411(h) of
this title. This notice must be published and affidavits filed with the chief
clerk no later than 30 days before the scheduled date of the hearing.
Notes
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