1. (a) Notice of Receipt of Application and Intent to Obtain Permit under §39.418 of this title (relating to Notice of Receipt of Application and Intent to Obtain Permit) is required to be published no later than 30 days after the executive director declares an application administratively complete. This notice must contain the text as required by §39.411(b)(1)-(6) and (8)-(10) of this title (relating to Text of Public Notice).
2. (b) Notice of Application and Preliminary Decision under §39.419 of this title (relating to Notice of Application and Preliminary Decision) is required to be published within 33 days after the chief clerk has mailed the preliminary decision concurrently with the Notice of Application and Preliminary Decision to the applicant. This notice must contain the text as required by §39.411(c)(1)-(6) of this title (relating to Text of Public Notice).

3. (c) General newspaper notice. Unless otherwise specified, when this chapter requires published notice of an air application, the applicant shall publish notice in a newspaper of general circulation in the municipality in which the facility is located or is proposed to be located or in the municipality nearest to the location or proposed location of the facility, as follows.

   1. (1) One notice shall be published in the public notice section of the newspaper and shall comply with §39.411 of this title (relating to Text of Notice).

   2. (2) Another notice with a total size of at least 6 column inches, with a vertical dimension of at least 3 inches and a horizontal dimension of at least 2 column widths, or a size of at least 12 square inches, shall be published in a prominent location elsewhere in the same issue of the newspaper. This notice shall contain the following information:

      1. (A) permit application number;
      2. (B) company name;
      3. (C) type of facility;
      4. (D) description of the location of the facility; and
      5. (E) a note that additional information is in the public notice section of the same issue.

4. (d) Alternative language newspaper notice.

   1. (1) This subsection applies whenever notice is required to be published under §39.418 of this title, §39.419 of this title, and this section and either the elementary or middle school nearest to the facility or proposed facility is required to provide a bilingual education program as required by Texas Education Code, Chapter 29, Subchapter B, and 19 TAC §89.1205(a) (relating to Required Bilingual Education and English as a Second Language Programs) and one of the following conditions is met:

      1. (A) students are enrolled in a program at that school;
      2. (B) students from that school attend a bilingual education program at another location; or
      3. (C) the school that otherwise would be required to provide a bilingual education program waives out of this requirement under 19 TAC §89.1205(g).
   2. (2) Elementary or middle schools that offer English as a second language under 19 TAC §89.1205(e), and are not otherwise affected by 19 TAC §89.1205(a), will not trigger the requirements of this subsection.
   3. (3) The notice shall be published in a newspaper or publication that is published primarily in the alternative languages in which the bilingual education program is or would have been taught, and the notice must be in those languages.
   4. (4) The newspaper or publication must be of general circulation in the municipality or county in which the facility is located or proposed to be located. Notice under this subsection shall only be required to be published within the United States.
   5. (5) The requirements of this subsection are waived for each language in which no publication exists, or if the publishers of all alternative language publications refuse to publish the notice. If the alternative language publication is published less frequently than once a month, this notice requirement may be waived by the executive director on a case-by-case basis.
   6. (6) Each alternative language publication shall follow the requirements of this chapter that are consistent with this section.
   7. (7) If a waiver is received under this section, the applicant shall complete a verification and submit it as required under §39.605(3) of this title (relating to Notice to Affected Agencies).

5. (e) Alternative publication procedures for small businesses.

   1. (1) The applicant does not have to comply with subsection (a)(2) of this section if all of the following conditions are met:

      1. (A) the applicant and source meets the definition of a small business stationary source in §382.0365 of the Texas Health and Safety Code including, but not limited to, those which:

         1. (i) are not a major stationary source for federal air quality permitting;
         2. (ii) do not emit 50 tons or more per year of any regulated air pollutant;
         3. (iii) emit less than 75 tons per year of all regulated air pollutants combined; and
         4. (iv) are owned or operated by a person that employs 100 or fewer individuals; and
      2. (B) if the applicant's site meets the emission limits in §106.4(a) of this title (relating to Requirements for Exemption from Permitting) it will be considered to not have a significant effect on air quality.
   2. (2) The executive director may post information regarding pending air permit applications on its website, such as the permit number, company name, project type, facility type, nearest city, county, date public notice authorized, information on comment periods, and information on how to contact the agency for further information.
6. (f) If an air application is referred to SOAH for a contested case hearing under Chapter 80 of this title (relating to Contested Case Hearings), the applicant shall publish notice once in a newspaper as described in (c) of this section, containing the information under §39.411(d) of this title. This notice shall be published and affidavits filed with the chief clerk no later than 30 days before the scheduled date of the hearing.

Source Note:The provisions of this §39.603 adopted to be effective September 23, 1999, 24 TexReg 8190.