Texas Statutes
Subchapter C. Permits
Section 382.0561. Federal Operating Permit: Hearing

Sec. 382.0561. FEDERAL OPERATING PERMIT: HEARING. (a) Public hearings on applications for issuance, revision, reopening, or renewal of a federal operating permit shall be conducted under this section only and not under Chapter 2001, Government Code.
(b) On determination that an application for a federal operating permit under Sections 382.054-382.0542 or a renewal of a federal operating permit under Section 382.0543 is administratively complete and before the beginning of the public comment period, the commission or its designee shall prepare a draft permit.
(c) The commission or its designee shall hold a public hearing on a federal operating permit, a reopening of a federal operating permit, or renewal application before granting the permit or renewal if within the public comment period a person who may be affected by the emissions or a member of the legislature from the general area in which the facility is located requests a hearing. The commission or its designee is not required to hold a hearing if the basis of the request by a person who may be affected is determined to be unreasonable.
(d) The following shall be available for public inspection in at least one location in the general area where the facility is located:
(1) information submitted by the application, subject to applicable confidentiality laws;
(2) the executive director's analysis of the proposed action; and
(3) a copy of the draft permit.
(e) The commission or its designee shall hold a public comment period on a federal operating permit application, a federal operating permit reopening application, or a federal operating permit renewal application under Sections 382.054-382.0542 or 382.0543. Any person may submit a written statement to the commission during the public comment period. The commission or its designee shall receive public comment for 30 days after the date on which notice of the public comment period is published. The commission or its designee may extend or reopen the comment period if the executive director finds an extension or reopening to be appropriate.
(f) Notice of the public comment period and opportunity for a hearing under this section shall be published in accordance with Section 382.056.
(g) Any person may submit an oral or written statement concerning the application at the hearing. The individual holding the hearing may set reasonable limits on the time allowed for oral statements at the hearing. The public comment period extends to the close of the hearing and may be further extended or reopened if the commission or its designee finds an extension or reopening to be appropriate.
(h) Any person, including the applicant, who believes that any condition of the draft permit is inappropriate or that the preliminary decision of the commission or its designee to issue or deny a permit is inappropriate must raise all reasonably ascertainable issues and submit all reasonably available arguments supporting that position by the end of the public comment period.
(i) The commission or its designee shall consider all comments received during the public comment period and at the public hearing in determining whether to issue the permit and what conditions should be included if a permit is issued.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 2.13, eff. Sept. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 485, Sec. 16, eff. June 9, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), 11.168, eff. Sept. 1, 1995.

Structure Texas Statutes

Texas Statutes

Health and Safety Code

Title 5 - Sanitation and Environmental Quality

Subtitle C - Air Quality

Chapter 382 - Clean Air Act

Subchapter C. Permits

Section 382.051. Permitting Authority of Commission; Rules

Section 382.05101. De Minimis Air Contaminants

Section 382.05102. Permitting Authority of Commission; Greenhouse Gas Emissions

Section 382.0511. Permit Consolidation and Amendment

Section 382.0512. Modification of Existing Facility

Section 382.0513. Permit Conditions

Section 382.0514. Sampling, Monitoring, and Certification

Section 382.0515. Application for Permit

Section 382.05155. Expedited Processing of Application

Section 382.0516. Notice to State Senator, State Representative, and Certain Local Officials

Section 382.0517. Determination of Administrative Completion of Application

Section 382.0518. Preconstruction Permit

Section 382.05181. Permit Required

Section 382.05182. Notice of Shutdown

Section 382.05183. Existing Facility Permit

Section 382.05184. Small Business Stationary Source Permit

Section 382.05185. Electric Generating Facility Permit

Section 382.05186. Pipeline Facilities Permits

Section 382.051865. Stationary Natural Gas Engines Used in Combined Heating and Power System

Section 382.051866. Emissions Reductions Incentives Account

Section 382.0519. Voluntary Emissions Reduction Permit

Section 382.05191. Emissions Reduction Permits: Notice and Hearing

Section 382.05192. Review and Renewal of Emissions Reduction and Multiple Plant Permits

Section 382.05193. Emissions Permits Through Emissions Reduction

Section 382.05194. Multiple Plant Permit

Section 382.05195. Standard Permit

Section 382.05196. Permits by Rule

Section 382.051961. Permit for Certain Oil and Gas Facilities

Section 382.051962. Authorization for Planned Maintenance, Start-Up, or Shutdown Activities Relating to Certain Oil and Gas Facilities

Section 382.051964. Aggregation of Facilities

Section 382.05197. Multiple Plant Permit: Notice and Hearing

Section 382.05198. Standard Permit for Certain Concrete Plants

Section 382.05199. Standard Permit for Certain Concrete Batch Plants: Notice and Hearing

Section 382.052. Permit to Construct or Modify Facility Within 3,000 Feet of School

Section 382.053. Prohibition on Issuance of Construction Permit for Lead Smelting Plant at Certain Locations

Section 382.054. Federal Operating Permit

Section 382.0541. Administration and Enforcement of Federal Operating Permit

Section 382.0542. Issuance of Federal Operating Permit; Appeal of Delay

Section 382.0543. Review and Renewal of Federal Operating Permit

Section 382.055. Review and Renewal of Preconstruction Permit

Section 382.056. Notice of Intent to Obtain Permit or Permit Review; Hearing

Section 382.0561. Federal Operating Permit: Hearing

Section 382.0562. Notice of Decision

Section 382.0563. Public Petition to the Administrator

Section 382.0564. Notification to Other Governmental Entities

Section 382.0565. Clean Coal Project Permitting Procedure

Section 382.0566. Advanced Clean Energy Project Permitting Procedure

Section 382.0567. Proof That Technology Is Commercially Feasible Not Required; Consideration of Technology to Be Achievable for Certain Purposes Prohibited

Section 382.057. Exemption

Section 382.058. Notice of and Hearing on Construction of Concrete Plant Under Permit by Rule, Standard Permit, or Exemption

Section 382.059. Hearing and Decision on Permit Amendment Application of Certain Electric Generating Facilities

Section 382.0591. Denial of Application for Permit; Assistance Provided by Former or Current Employees

Section 382.061. Delegation of Powers and Duties

Section 382.062. Application, Permit, and Inspection Fees

Section 382.0621. Operating Permit Fee

Section 382.0622. Clean Air Act Fees

Section 382.063. Issuance of Emergency Order Because of Catastrophe

Section 382.064. Initial Application Date

Section 382.065. Certain Locations for Operating Concrete Crushing Facility Prohibited

Section 382.066. Shipyard Facilities

Section 382.068. Poultry Facility Odor; Response to Complaints