Public Participation Bonnie Evridge Mechanical Team Leader Air Permits Division Autumn Environmental Conference and Expo October 9, 2019 Topics of Discussion House Bill (HB)801 House Bill (HB) 801 Permit applications that require notice How the public can participate Permit applications that require notice How the public can participate
HB 801 Procedures for: Providing public notice, Public comments Public hearings Procedures for: Providing public notice Public comments Public hearings
Public Notice Rules Chapter 39: Chapter Notice requirements 39: for certain actions Chapter 55: Chapter 55: Subchapter B Subchapter B: Hearing requests, public comments Hearing requests, public comments Notice requirements for Subchapters
certain actions E, F, and G Subchapters E, F, and G Public comments Public comments, Public meetings, Public meetings, Requests for reconsiderations, Requests for Contested case hearings reconsiderations, Contested case hearings Permits Requiring Notice Initial Case-by-Case Permits Amendments
Exceptions in 30 TAC 39.402 Change of Locations 30 TAC 116.178 Initial Case-by-Case Permits Amendments Change of Locations *exceptions in 30 TAC 39.402
PSD Permits Standard Permits Requiring Notice Concrete Batch Plants Animal Carcass Incinerators Permanent Rock and Concrete Crusher Standard Permit Renewal Concrete Batch Plants Animal Carcass Incinerators
Permanent Rock and Concrete Crusher Standard Permit Renewal Tips for Publishing Notice We encourage applicants to review the public notice letter before publication. Common mistakes requiring republication: Omission of pollutants Incorrect permit number Incorrect facility address
Problems with text Lack of proper bolding/italics Common Mistakes Requiring Republication Contaminants in the alternative language notice are published in English and not the proper language. Incorrect number of days for public comment period in published notice Example B not published or the size is not adequate Example B not published in different section of newspaper Public Participation
(How to get involved) Submit comments to Office of the Chief Clerk (OCC) Request a Public Meeting Request a contested case hearing Submitting Comments to OCC eComment: https://www14.tceq.texas.gov/epic/eComment/ In writing: Texas Commission on Environmental Quality Office of the Chief Clerk, MC-105 P.O. Box 13087 Austin, Texas 78711-3087
31 44 Standard Permits Total Requesting a Public Meeting How are requests submitted? In writing or email to OCC during the public comment period. When will a meeting be held? If there is significant public interest; If an elected official requests a public meeting; or For federal projects (PSD or Nonattainment)
Permits with Public Meetings FY15 FY16 FY17 FY18 FY19 19 21 26
19 22 Case-by-Case Permits 5 4 4 15 6
Federal Permits 0 2 9 0 0 24 27
39 34 28 Standard Permits Total Purpose of Public Meetings Inform the public about the application Take formal comments Obtain public input
Coordinating Public Meetings Who? OCC staff coordinates with applicable TCEQ staff and the applicant When? Depends on availability of staff, applicant, venue, and elected official, if applicable Who participates in Public Meetings? TCEQ Staff The Applicant The Public Requesting a Contested Case Hearing How are requests submitted?
In writing or email to OCC When are requests considered timely? For minor source projects: if received during the 1 st public notice comment period. For federal projects (PSD or Nonattainment): if received at any time throughout the 1st and 2nd public notice comment periods. Contested Case Hearing Process All timely received hearing requests will be scheduled for Agenda unless the matter is directly referred to the State Office of Administrative Hearings (SOAH) -Texas Government Code, 551, Open Meetings
Granted Contested Case Hearing If granted at Agenda, TCEQ will specify: The number and scope of factual issues to be referred to the SOAH; and The maximum duration of the hearing. Community Outreach Why is it important? Meeting your future neighbors early and being transparent can help open the communication line between companies and the public. How can you work with the public? Go to neighbor meetings or local events to discuss proposed modifications or construction prior to submittal.
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