Tex. Health & Safety Code Section 382.056
Notice of Intent to Obtain Permit or Permit Review; Hearing


(a)

Except as provided by Section 382.0518 (Preconstruction Permit)(h), an applicant for a permit or permit amendment under Section 382.0518 (Preconstruction Permit) or a permit renewal review under Section 382.055 (Review and Renewal of Preconstruction Permit) shall publish notice of intent to obtain the permit, permit amendment, or permit review not later than the 30th day after the date the commission determines the application to be administratively complete. The commission by rule shall require an applicant for a federal operating permit under Section 382.054 (Federal Operating Permit) to publish notice of intent to obtain a permit, permit amendment, or permit review consistent with federal requirements and with the requirements of Subsection (b). The applicant shall publish the notice at least once in a newspaper of general circulation in the municipality in which the facility or federal source is located or is proposed to be located or in the municipality nearest to the location or proposed location of the facility or federal source. If the elementary or middle school nearest to the facility or proposed facility provides a bilingual education program as required by Subchapter B (State Policy), Chapter 29 (Educational Programs), Education Code, the applicant shall also publish the notice at least once in an additional publication of general circulation in the municipality or county in which the facility is located or proposed to be located that is published in the language taught in the bilingual education program. This requirement is waived if such a publication does not exist or if the publisher refuses to publish the notice. The commission by rule shall prescribe the form and content of the notice and when notice must be published. The commission may require publication of additional notice. The commission by rule shall prescribe alternative procedures for publication of the notice in a newspaper if the applicant is a small business stationary source as defined by Section 5.135 (Small Business Compliance Assistance Program), Water Code, and will not have a significant effect on air quality. The alternative procedures must be cost-effective while ensuring adequate notice. Notice required to be published under this section shall only be required to be published in the United States.

(b)

The notice must include:

(1)

a description of the location or proposed location of the facility or federal source;

(2)

the location at which a copy of the application is available for review and copying as provided by Subsection (d);

(3)

a description, including a telephone number, of the manner in which the commission may be contacted for further information;

(4)

a description, including a telephone number, of the manner in which the applicant may be contacted for further information;

(5)

a description of the procedural rights and obligations of the public, printed in a font style or size that clearly provides emphasis and distinguishes it from the remainder of the notice, that includes a statement that a person who may be affected by emissions of air contaminants from the facility, proposed facility, or federal source is entitled to request a hearing from the commission;

(6)

a description of the procedure by which a person may be placed on a mailing list in order to receive additional information about the application;

(7)

the time and location of any public meeting to be held under Subsection (e); and

(8)

any other information the commission by rule requires.

(c)

At the site of a facility, proposed facility, or federal source for which an applicant is required to publish notice under this section, the applicant shall place a sign declaring the filing of an application for a permit or permit review for a facility at the site and stating the manner in which the commission may be contacted for further information. The commission shall adopt any rule necessary to carry out this subsection.

(d)

The applicant shall make a copy of the application available for review and copying at a public place in the county in which the facility or federal source is located or proposed to be located.

(e)

The applicant, in cooperation with the executive director, may hold a public meeting in the county in which the facility or federal source is located or proposed to be located in order to inform the public about the application and obtain public input.

(f)

The executive director shall conduct a technical review of and issue a preliminary decision on the application.

(g)

If, in response to the notice published under Subsection (a) for a permit or permit amendment under Section 382.0518 (Preconstruction Permit) or a permit renewal review under Section 382.055 (Review and Renewal of Preconstruction Permit), a person requests during the period provided by commission rule that the commission hold a public hearing and the request is not withdrawn before the date the preliminary decision is issued, the applicant shall publish notice of the preliminary decision in a newspaper, and the commission shall seek public comment on the preliminary decision. The commission shall consider the request for public hearing under the procedures provided by Subsections (i)-(n). The commission may not seek further public comment or hold a public hearing under the procedures provided by Subsections (i)-(n) in response to a request for a public hearing on an amendment, modification, or renewal that would not result in an increase in allowable emissions and would not result in the emission of an air contaminant not previously emitted.

(g-1)

The notice of intent required by Subsection (a) and the notice of the preliminary decision described by Subsection (g) may be consolidated into one notice if:

(1)

not later than the 15th day after the date the application for which the notice is required is received, the commission determines the application to be administratively complete; and

(2)

the preliminary decision and draft permit related to the application are available at the time of the commission’s determination under Subdivision (1).

(h)

If, in response to the notice published under Subsection (a) for a permit under Section 382.054 (Federal Operating Permit), a person requests during the public comment period provided by commission rule that the commission hold a public hearing, the commission shall consider the request under the procedures provided by Section 382.0561 (Federal Operating Permit: Hearing) and not under the procedures provided by Subsections (i)-(n).

(i)

The commission by rule shall establish the form and content of the notice, the manner of publication, and the duration of the public comment period. The notice must include:

(1)

the information required by Subsection (b);

(2)

a summary of the preliminary decision;

(3)

the location at which a copy of the preliminary decision is available for review and copying as provided by Subsection (j);

(4)

a description of the manner in which comments regarding the preliminary decision may be submitted; and

(5)

any other information the commission by rule requires.

(j)

The applicant shall make a copy of the preliminary decision available for review and copying at a public place in the county in which the facility is located or proposed to be located.

(k)

During the public comment period, the executive director may hold one or more public meetings in the county in which the facility is located or proposed to be located. The executive director shall hold a public meeting:

(1)

on the request of a member of the legislature who represents the general area in which the facility is located or proposed to be located; or

(2)

if the executive director determines that there is substantial public interest in the proposed activity.

(k-1)

A permit applicant or the applicant’s designated representative is required to attend a public meeting held under this section and must make a reasonable effort to respond to questions relevant to the permit application at the meeting.

(k-2)

Notwithstanding any other law, if the commission holds a public meeting for a permit application for which consolidated notice was issued under this subchapter, the commission shall hold open the public comment period and the period for which a contested case hearing may be requested for the permit application for at least 36 hours after the end of the meeting.

(l)

The executive director, in accordance with procedures adopted by the commission by rule, shall file with the chief clerk of the commission a response to each relevant and material public comment on the preliminary decision filed during the public comment period.

(m)

The chief clerk of the commission shall transmit the executive director’s decision, the executive director’s response to public comments, and instructions for requesting that the commission reconsider the executive director’s decision or hold a contested case hearing to:

(1)

the applicant;

(2)

any person who submitted comments during the public comment period;

(3)

any person who requested to be on the mailing list for the permit action; and

(4)

any person who timely filed a request for a public hearing in response to the notice published under Subsection (a).

(n)

Except as provided by Section 382.0561 (Federal Operating Permit: Hearing), the commission shall consider a request that the commission reconsider the executive director’s decision or hold a public hearing in accordance with the procedures provided by Sections 5.556 (Request for Reconsideration or Contested Case Hearing) and 5.557 (Direct Referral to Contested Case Hearing), Water Code.

(o)

Notwithstanding other provisions of this chapter, the commission may hold a hearing on a permit amendment, modification, or renewal if the commission determines that the application involves a facility for which the applicant’s compliance history is classified as unsatisfactory according to commission standards under Sections 5.753 (Standards for Evaluating and Using Compliance History) and 5.754 (Classification and Use of Compliance History), Water Code, and rules adopted and procedures developed under those sections.

(p)

The commission by rule shall provide for additional notice, opportunity for public comment, or opportunity for public hearing to the extent necessary to satisfy a requirement to obtain or maintain delegation or approval of a federal program.

(q)

The department shall establish rules to ensure that a permit applicant complies with the notice requirement under Subsection (a).

(r)

This section does not apply to:

(1)

the relocation or change of location of a portable facility to a site where a portable facility has been located at the proposed site at any time during the previous two years;

(2)

a facility located temporarily in the right-of-way, or contiguous to the right-of-way, of a public works project; or

(3)

a facility described by Section 382.065 (Certain Locations for Operating Concrete Crushing Facility Prohibited)(c), unless that facility is in a county with a population of 3.3 million or more or in a county adjacent to such a county.

(s)

For any permit application subject to this section, the measurement of distances to determine compliance with any location or distance restriction required by this chapter shall be taken toward structures that are in use as of the date that the application is filed with the commission.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.12, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 485, Sec. 15, eff. June 9, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 11.167, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 149, Sec. 2, eff. May 19, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 6.42, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 11.04(c), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1350, Sec. 5, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 935, Sec. 4, eff. June 14, 2001; Acts 2001, 77th Leg., ch. 965, Sec. 2.02, 16.15, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1327, Sec. 3, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 226, Sec. 1, eff. June 18, 2003; Acts 2003, 78th Leg., ch. 1054, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 9.0035(e), eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 809 (S.B. 1472), Sec. 1, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 4.26, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 45, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 394 (S.B. 1045), Sec. 1, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 1102 (S.B. 1397), Sec. 4, eff. September 1, 2023.

Source: Section 382.056 — Notice of Intent to Obtain Permit or Permit Review; Hearing, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­382.­htm#382.­056 (accessed Mar. 23, 2024).

382.001
Short Title
382.002
Policy and Purpose
382.003
Definitions
382.004
Construction While Permit Amendment Application Pending
382.005
Exclusive Jurisdiction to Regulate Greenhouse Gas Emissions and Express Preemption of Local Regulations
382.011
General Powers and Duties
382.012
State Air Control Plan
382.013
Air Quality Control Regions
382.014
Emission Inventory
382.015
Power to Enter Property
382.016
Monitoring Requirements
382.017
Rules
382.018
Outdoor Burning of Waste and Combustible Material
382.019
Methods Used to Control and Reduce Emissions from Land Vehicles
382.020
Control of Emissions from Facilities that Handle Certain Agricultural Products
382.021
Sampling Methods and Procedures
382.022
Investigations
382.023
Orders
382.024
Factors in Issuing Orders and Determinations
382.025
Orders Relating to Controlling Air Pollution
382.026
Orders Issued Under Emergencies
382.027
Prohibition on Commission Action Relating to Air Conditions Existing Solely in Commercial and Industrial Facilities
382.028
Variances
382.029
Hearing Powers
382.030
Delegation of Hearing Powers
382.031
Notice of Hearings
382.032
Appeal of Commission Action
382.033
Contracts
382.034
Research and Investigations
382.035
Memorandum of Understanding
382.036
Cooperation and Assistance
382.037
Notice in Texas Register Regarding National Ambient Air Quality Standards for Ozone
382.040
Documents
382.041
Confidential Information
382.051
Permitting Authority of Commission
382.053
Prohibition on Issuance of Construction Permit for Lead Smelting Plant at Certain Locations
382.054
Federal Operating Permit
382.055
Review and Renewal of Preconstruction Permit
382.056
Notice of Intent to Obtain Permit or Permit Review
382.057
Exemption
382.058
Notice of and Hearing on Construction of Concrete Plant Under Permit by Rule, Standard Permit, or Exemption
382.059
Hearing and Decision on Permit Amendment Application of Certain Electric Generating Facilities
382.061
Delegation of Powers and Duties
382.062
Application, Permit, and Inspection Fees
382.063
Issuance of Emergency Order Because of Catastrophe
382.064
Initial Application Date
382.065
Certain Locations for Operating Concrete Crushing Facility Prohibited
382.066
Shipyard Facilities
382.068
Poultry Facility Odor
382.069
Texas Backup Power Package
382.085
Unauthorized Emissions Prohibited
382.111
Inspections
382.112
Recommendations to Commission
382.113
Authority of Municipalities
382.115
Cooperative Agreements
382.0145
Clean Fuel Incentive Surcharge
382.0161
Air Pollutant Watch List
382.0171
Alternative Fuels and Select-use Technologies
382.0172
International Border Areas
382.0173
Adoption of Rules Regarding Certain State Implementation Plan Requirements and Standards of Performance for Certain Sources
382.0175
Amount of Foreign Emissions in Nonattainment Areas
382.0191
Idling of Motor Vehicle
382.0195
Commercial Infectious Waste Incinerators
382.0201
Prohibition on Commission Rule Relating to Emissions from Certain Hospital or Medical Disinfectants
382.201
Definitions
382.202
Vehicle Emissions Inspection and Maintenance Program
382.203
Vehicles Subject to Program
382.204
Remote Sensing Program Component
382.0205
Special Problems Related to Air Contaminant Emissions
382.205
Inspection Equipment and Procedures
382.206
Collection of Data
382.207
Inspection Stations
382.208
Attainment Program
382.209
Low-income Vehicle Repair Assistance, Retrofit, and Accelerated Vehicle Retirement Program
382.210
Implementation Guidelines and Requirements
382.211
Local Advisory Panel
382.212
Emissions Reduction Credit
382.213
Disposition of Retired Vehicle
382.214
Sale of Vehicle with Intent to Defraud
382.0215
Assessment of Emissions Due to Emissions Events
382.215
Sale of Vehicle Not Required
382.0216
Regulation of Emissions Events
382.216
Incentives for Voluntary Participation in Vehicle Emissions Inspection and Maintenance Program
382.218
Required Participation by Certain Counties
382.219
Purchase of Replacement Vehicle
382.220
Use of Funding for Local Initiative Projects
382.0275
Commission Action Relating to Residential Water Heaters
382.0291
Public Hearing Procedures
382.301
Definitions
382.302
Inspection and Maintenance Program
382.0335
Air Control Account
382.401
Alternative Leak Detection Technology
382.451
Development of Federal Greenhouse Gas Reporting Rule
382.452
Voluntary Actions Inventory
382.501
Definitions
382.502
Rules
382.503
Study
382.504
Contract for Necessary Infrastructure and Operation
382.505
Acceptance of Carbon Dioxide for Storage
382.506
Measuring, Monitoring, and Verification
382.507
Ownership of Carbon Dioxide
382.508
Liability
382.509
Rates for Transportation
382.510
Annual Report
382.0511
Permit Consolidation and Amendment
382.0512
Modification of Existing Facility
382.0513
Permit Conditions
382.0514
Sampling, Monitoring, and Certification
382.0515
Application for Permit
382.0516
Notice to State Senator, State Representative, and Certain Local Officials
382.0517
Determination of Administrative Completion of Application
382.0518
Preconstruction Permit
382.0519
Voluntary Emissions Reduction Permit
382.0541
Administration and Enforcement of Federal Operating Permit
382.0542
Issuance of Federal Operating Permit
382.0543
Review and Renewal of Federal Operating Permit
382.551
Substitutes for Hydrofluorocarbon Refrigerants Applicable to Commercial or Residential Buildings or Construction
382.0561
Federal Operating Permit: Hearing
382.0562
Notice of Decision
382.0563
Public Petition to the Administrator
382.0564
Notification to Other Governmental Entities
382.0565
Clean Coal Project Permitting Procedure
382.0566
Advanced Clean Energy Project Permitting Procedure
382.0567
Proof that Technology Is Commercially Feasible Not Required
382.0591
Denial of Application for Permit
382.0621
Operating Permit Fee
382.0622
Clean Air Act Fees
382.05101
De Minimis Air Contaminants
382.05102
Permitting Authority of Commission
382.05155
Expedited Processing of Application
382.05181
Permit Required
382.05182
Notice of Shutdown
382.05183
Existing Facility Permit
382.05184
Small Business Stationary Source Permit
382.05185
Electric Generating Facility Permit
382.05186
Pipeline Facilities Permits
382.05191
Emissions Reduction Permits: Notice and Hearing
382.05192
Review and Renewal of Emissions Reduction and Multiple Plant Permits
382.05193
Emissions Permits Through Emissions Reduction
382.05194
Multiple Plant Permit
382.05195
Standard Permit
382.05196
Permits by Rule
382.05197
Multiple Plant Permit: Notice and Hearing
382.05198
Standard Permit for Certain Concrete Plants
382.05199
Standard Permit for Certain Concrete Batch Plants: Notice and Hearing
382.051865
Stationary Natural Gas Engines Used in Combined Heating and Power System
382.051866
Emissions Reductions Incentives Account
382.051961
Permit for Certain Oil and Gas Facilities
382.051962
Authorization for Planned Maintenance, Start-up, or Shutdown Activities Relating to Certain Oil and Gas Facilities
382.051963
Amendment of Certain Permits
382.051964
Aggregation of Facilities
382.051985
Standard Permit for Certain Temporary Concrete Plants for Public Works

Accessed:
Mar. 23, 2024

§ 382.056’s source at texas​.gov