Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,882
7533-7814 p. ; 28 cm.View a full description of this periodical.
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(1) For Class 2 modifications, which are listed in Appendix
I of subsection (k) of this section, the permittee must submit a modifi-
cation request to the executive director that:
(A) describes the exact change to be made to the permit
conditions and supporting documents referenced by the permit;
(B) identifies the modification as a Class 2 modifica-
tion;
(C) explains why the modification is needed; and
(D) provides the applicable information in the form and
manner specified in 1.5(d) of this title and 305.41 - 305.45 and
305.47 - 305.53 of this title;
(2) The permittee must send a notice of the modification
request by first-class mail to all persons listed in 39.13 of this title and
must cause this notice to be published in a major local newspaper of
general circulation. This notice must be mailed and published within
seven days before or after the date of submission of the modification
request, and the permittee must provide to the executive director evi-
dence of the mailing and publication. The notice must include:
(A) announcement of a 60-day comment period, in ac-
cordance with paragraph (5) of this subsection, and the name and ad-
dress of an agency contact to whom comments must be sent;
(B) announcement of the date, time, and place for a
public meeting to be held in accordance with paragraph (4) of this sub-
section;tact person;
person;(C) name and telephone number of the permittee's con-
(D) name and telephone number of an agency contact(E) location where copies of the modification request
and any supporting documents can be viewed and copied; and
(F) the following statement: "The permittee's compli-
ance history during the life of the permit being modified is available
from the agency contact person."
(3) The permittee must place a copy of the permit modifi-
cation request and supporting documents in a location accessible to the
public in the vicinity of the permitted facility.
(4) The permittee must hold a public meeting no earlier
than 15 days after the publication of the notice required in paragraph
(2) of this subsection and no later than 15 days before the close of the
60-day comment period. The meeting must be held to the extent prac-
ticable in the vicinity of the permitted facility.
(5) The public shall be provided at least 60 days to com-
ment on the modification request. The comment period will begin on
the date the permittee publishes the notice in the local newspaper. Com-
ments should be submitted to the agency contact identified in the public
notice.
(6) No later than 90 days after receipt of the modification
request, subparagraphs (A), (B), (C), (D), or (E) of this paragraph must
be met, subject to 50.33 of this title (relating to Executive Director
Action on Application), as follows:
(A) the executive director or the commission must ap-
prove the modification request, with or without changes, and modify
the permit accordingly;
(B) the commission must deny the request;(C) the commission or the executive director must de-
termine that the modification request must follow the procedures in
subsection (d) of this section for Class 3 modifications for either of the
following reasons:
(i) there is significant public concern about the pro-
posed modification; or
(ii) the complex nature of the change requires the
more extensive procedures of a Class 3 modification; or
(D) the commission must approve the modification re-
quest, with or without changes, as a temporary authorization having a
term of up to 180 days, in accordance with the following public notice
requirements:
(i) notice of a hearing on the temporary authoriza-
tion shall be given not later than the 20th day before the hearing on the
authorization; and
(ii) this notice of hearing shall provide that an af-
fected person may request an evidentiary hearing on issuance of the
temporary authorization; or
(E) the executive director must notify the permittee that
the executive director or the commission will decide on the request
within the next 30 days.
(7) If the executive director notifies the permittee of a
30-day extension for a decision, then no later than 120 days after
receipt of the modification request, subparagraphs (A), (B), (C), or
(D) of this paragraph must be met, subject to 50.33 of this title, as
follows:
(A) the executive director or the commission must ap-
prove the modification request, with or without changes, and modify
the permit accordingly;
(B) the commission must deny the request;
(C) the commission or the executive director must de-
termine that the modification request must follow the procedures in
subsection (d) of this section for Class 3 modifications for either of the
following reasons:
(i) there is significant public concern about the pro-
posed modification; or
(ii) the complex nature of the change requires the
more extensive procedures of a Class 3 modification; or
(D) the commission must approve the modification re-
quest, with or without changes, as a temporary authorization having a
term of up to 180 days, in accordance with the following public notice
requirements:
(i) notice of a hearing on the temporary authoriza-
tion shall be given not later than the 20th day before the hearing on the
authorization; and
(ii) this notice of hearing shall provide that an af-
fected person may request an evidentiary hearing on issuance of the
temporary authorization.
(8) If the executive director or the commission fails to
make one of the decisions specified in paragraph (7) of this subsection
by the 120th day after receipt of the modification request, the permittee
is automatically authorized to conduct the activities described in the
modification request for up to 180 days, without formal agency action.
The authorized activities must be conducted as described in the permit
modification request and must be in compliance with all appropriate
standards of Chapter 335, Subchapter E of this title (relating to Interim37 TexReg 7882 October 5, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012, periodical, October 5, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth288982/m1/68/: accessed July 12, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.