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Public Notice Requirements for Air Permit Applications

Brief overview of the requirements for Air Permit Applications.

Air Permits Division (APD) staff will contact the applicant when public notice is required. The public notice package will be sent to the applicant providing detailed information about the notice process. It will include the newspaper publication example to publish, sign posting example (if applicable), checklist, instructions and additional forms. Do not develop your own version of the public notice package.

Public notice requirements for NSR permits are governed by 30 TAC Chapters 39 Exit the TCEQ and 116 Exit the TCEQ. Public notice requirements for Title V SOP Permits are governed by 30 TAC Chapter 122 Exit the TCEQ.

To assist applicants, APD has developed a table to help determine if public notice will be required. An applicant must publish notice if the Applicability Table (PDF) indicates a "Yes".

The applicant should ensure the information in the application package is current and accurate. Public notice packages are created using this information. If the information is incorrect then re-notice may be required which will incur more costs by the applicant and delay application processing.

The public notice package provided by the agency includes detailed instructions so the applicants can ensure that they meet all rule and statutory requirements. All public notices should be checked for common errors. (PDF). Some requirements must be met by the applicant within the specified time period outlined in the public notice package in order to avoid delays in application processing; including:

  • Publish notice(s)
  • Post Signs (if applicable)
  • Place a copy of the application in public viewing place (with internet access for the public, if for a PSD, nonattainment, or FCAA 112(g) permit).
  • Mail newspaper clippings (tear sheets), affidavit(s) of publication, and public notice verification form to the Office of the Chief Clerk and persons listed on the notification list as provided in the public notice package

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