1. (a) An applicant for a voluntary emission reduction permit, under Texas Health and Safety Code, §382.05191, for a facility that constitutes or is part of a small business stationary source, as defined in Texas Health and Safety Code, §382.0365(g)(2), may request that the executive director approve an alternative means from the notice methods required under this subchapter.

2. (b) The executive director may approve the request upon a determination that the alternative means will result in equal or better communication with the public, considering the following factors:

   1. (1) the effectiveness of the method of notice in reaching potentially affected persons;
   2. (2) the cost of the method of notice; and
   3. (3) whether the method is consistent with federal requirements.
3. (c) The applicant may not use the alternative means of notice until the executive director gives written approval.
4. (d) Notice of hearing. The applicant shall publish notice of the hearing 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. The notice must be published not less than 30 days before the hearing.

Source Note:The provisions of this §39.606 adopted to be effective September 23, 1999, 24 TexReg 8190.