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(e) of this title (relating to Text of Public Notice). This notice is not required for Plant-wide Applicability Limit permit applications.
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(f) of this title.

3. (c) General newspaper notice. Unless otherwise specified, when this chapter requires published notice of an air quality permit 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 must be published in the public notice section of the newspaper and must comply with §39.411(e) - (g) of this title.

   2. (2) Another notice with a total size of at least six column inches, with a vertical dimension of at least three inches and a horizontal dimension of at least two column widths, or a size of at least 12 square inches, must be published in a prominent location elsewhere in the same issue of the newspaper. This notice must 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 publication procedures for small businesses.

   1. (1) The applicant does not have to comply with subsection (c)(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 Texas Water Code, §5.135 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 Permitting by Rule) 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.
5. (e) If an air application is referred to State Office of Administrative Hearings 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 subsection (c) of this section, containing the information under §39.411(h) of this title. This notice must 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; amended to be effective June 12, 2002, 27 TexReg 4948; amended to be effective November 30, 2005, 30 TexReg 7877; amended to be effective June 24, 2010, 35 TexReg 5198.