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Public Participation

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 Permit applications that require notice How the public can participate. House Bill (HB) 801.

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Public Participation

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  1. Public Participation Bonnie EvridgeMechanical Team Leader Air Permits Division Autumn Environmental Conference and Expo October 9, 2019

  2. Topics of Discussion • House Bill (HB)801 • Permit applications that require notice • How the public can participate House Bill (HB) 801 Permit applications that require notice How the public can participate

  3. HB 801 • Procedures for: • Providing public notice, • Public comments • Public hearings Procedures for: Providing public notice Public comments Public hearings

  4. Public Notice Rules Chapter 39: Chapter 39: Notice requirements for certain actions Chapter 55: Subchapter B: Hearing requests, public comments Subchapters E, F, and G Public comments Public meetings, Requests for reconsiderations, Contested case hearings Chapter 55: Subchapter B • Hearing requests, public comments Notice requirements for certain actions Subchapters E, F, and G • Public comments, • Public meetings, • Requests for reconsiderations, • Contested case hearings

  5. Permits Requiring Notice Initial Case-by-Case Permits Amendments Exceptions in 30 TAC §39.402 Change of Locations 30 TAC §116.178 Amendments *exceptions in 30 TAC §39.402 Initial Case-by-Case Permits Change of Locations 30 TAC §116.178

  6. More Permits Requiring Notice Renewals 30 TAC §39.419(e) Nonattainment Permits PSD Permits Nonattainment Permits Renewals PSD Permits

  7. 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

  8. 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

  9. 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

  10. Public Participation(How to get involved) • Submit comments to Office of the Chief Clerk (OCC) • Request a Public Meeting • Request a contested case hearing

  11. 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

  12. Permits with Comments

  13. 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)

  14. Permits with Public Meetings

  15. Purpose of Public Meetings • Inform the public about the application • Take formal comments • Obtain public input

  16. 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

  17. Who participates in Public Meetings?

  18. 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 1st public notice comment period. • For federal projects (PSD or Nonattainment): if received at any time throughout the 1st and 2nd public notice comment periods.

  19. 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

  20. 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. 

  21. 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.

  22. Contact Information Bonnie Evridge Phone: 512-239-5222 Email: bonnie.evridge@tceq.texas.gov

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