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TCEQ Seeks Comments on Rules Proposed to Consolidate Public Notices for Certain Case-by-Case Air Permit Applications

Nov. 2017 – On Nov. 15, 2017, TCEQ commissioners approved publication of proposed rules on consolidated public notice for certain air permits.

The proposed rulemaking amends 30 Texas Administrative Code (TAC) Chapters 39 (Public Notice) and 55 (Requests for Reconsideration and Contested Case Hearings; Public Comment) and implements Senate Bill 1045 from the 85th Texas Legislature, 2017 regular session.

The proposed rule requires anyone applying for a new permit, or amending an existing permit, under 30 TAC Chapters 116, Subchapters B or G (relating to New Source Review Permits and Flexible Permits), to publish one consolidated public notice (instead of two public notices, the Notice of Receipt of Application and Intent to Obtain Permit and Notice of Application and Preliminary Decision) only when the TCEQ performs all the following within 15 days of receipt of the application:

  • Declares the application administratively complete;
  • Declares the application technically complete; and
  • The executive director has prepared a draft permit.

This consolidated public notice would allow the public to submit comments, request a public meeting, and request a contested case hearing within 30 days from the date it was published in the newspaper. See more information about the proposed rulemaking

The TCEQ will hold a public hearing for the proposed rulemaking on Jan. 3, 2018, at 10:00 a.m. in Building E, Room 201S, at the commission’s central office (12100 Park 35 Circle, Austin, TX 78753).

Comments may be submitted electronically. The last day to submit comments is Jan. 3, 2018.