1. (a) Public notice requirements apply to initial issuances, significant permit revisions, reopenings, and renewals.

2. (b) The executive director shall direct the applicant to publish a notice of a draft permit, at the applicant's expense, in the public notice section of one issue of a newspaper of general circulation in the municipality in which the site or proposed site is located, or in the municipality nearest to the location of the site or proposed site. The notice shall contain the following information:

   1. (1) the permit application number;
   2. (2) the applicant's or permit holder's name and address;
   3. (3) a description of the location of the site or proposed location of the site;
   4. (4) a description of the activity or activities involved in the permit application;
   5. (5) for significant permit revisions, the air pollutants with emission changes;

   6. (6) the location and availability of the following:

      1. (A) the complete permit application;
      2. (B) the draft permit;
      3. (C) all other relevant supporting materials in the public files of the agency;
   7. (7) a description of the comment procedures, including the duration of the public notice comment period and procedures to request a hearing;
   8. (8) the notification that a person who may be affected by the emission of air pollutants from the site is entitled to request a notice and comment hearing; and
   9. (9) the name, address, and phone number of the commission office to be contacted for further information.
3. (c) One notice may be published for multiple permits at a site with the approval of the executive director.
4. (d) The applicant shall submit a copy of the public notice and date of publication to the executive director and all local air pollution control agencies with jurisdiction in the county in which the site is located.
5. (e) The applicant shall submit a statement to the executive director, with a certification in accordance with §122.165 of this title (relating to Certification by a Responsible Official), that the sign required by subsection (h) of this section has been posted consistent with the provisions of that subsection.
6. (f) The executive director shall make a copy of the permit application, the draft permit, and any required notices accessible to the EPA.
7. (g) The executive director shall make available for public inspection the draft permit and the complete application throughout the comment period during business hours at the commission's central office and at the commission's regional office where the site is located.

8. (h) At the applicant's expense, a sign shall be placed at the site declaring the filing of an application for a permit and stating the manner in which the executive director may be contacted for further information.

   1. (1) The sign shall meet the following requirements.

      1. (A) The sign shall consist of dark lettering on a white background and shall be not smaller than 18 inches by 28 inches.
      2. (B) The sign shall be headed by the words "APPLICATION FOR FEDERAL OPERATING PERMIT" in no less than two-inch boldface block printed capital lettering.
      3. (C) The sign shall include the words "APPLICATION NO." and the number of the permit application in no less than one-inch boldface block printed capital lettering.
      4. (D) The sign shall include the words "for further information contact" in no less than 1/2-inch lettering.
      5. (E) The sign shall include the words "TEXAS NATURAL RESOURCE CONSERVATION COMMISSION," and the address of the appropriate commission office in no less than one-inch boldface capital lettering and 3/4-inch boldface lower case lettering.
      6. (F) The sign shall include the phone number of the appropriate commission office in no less than two-inch boldface numbers.
   2. (2) The sign shall be in place by the date of publication of the newspaper notice and shall remain in place and legible throughout the period of public comment.

   3. (3) The sign placed at the site shall be located at or near the site main entrance, provided that the sign is legible from the public street. If the sign would not be legible from the public street, then the sign shall be placed within ten feet of a property line paralleling a public street.

      1. (A) The executive director may approve variations if the applicant has demonstrated that it is not practical to comply with the specific sign-posting requirements.
      2. (B) Alternative sign-posting plans proposed by the applicant must be at least as effective in providing notice to the public.
      3. (C) The executive director must approve the variations before signs are posted.
   4. (4) One sign may be posted for multiple permits at a site with the approval of the executive director.
9. (i) The executive director shall receive public comment for 30 days after the notice of the public comment period is published. During the comment period, any person may submit written comments on the draft permit.
10. (j) During the 30-day public notice comment period, any person who may be affected by emissions from a site regulated under this chapter may request in writing a notice and comment hearing on the draft permit.
11. (k) The draft permit may be changed based on comments pertaining to whether the permit provides for compliance with the requirements of this chapter.
12. (l) The executive director shall respond to comments consistent with §122.345 of this title (relating to Notice of Proposed Final Action).

Source Note:The provisions of this §122.320 adopted to be effective November 10, 1997, 22 TexReg 10677.