Texas 30 TAC Chapter 39, Subchapter K, Section 39.604. Sign Posting, SIP effective February 5, 2014 (TXd146)
Regulatory Text:
Texas Commission on Environmental Quality
39 Chapter 39 – Public Notice
39H SUBCHAPTER K : PUBLIC NOTICE OF AIR QUALITY APPLICATIONS
39K Section 39.604. Sign Posting.
Approved by EPA January 6, 2014 (79 FR 00551) effective February 5, 2014 (TXd146),
As adopted by TCEQ June 2, 2010, effective June 24, 2010 (39-T),
Submitted to EPA July 2, 2010 (TX-297),
Regulations.gov document EPA-R06-OAR-2010-0612-0005 [TX109.05].
Approved by EPA January 6, 2014 (79 FR 00551) effective February 5, 2014 (TXd146),
Regulations.gov document EPA-R06-OAR-2010-0612-0020 [TX109.20].
§39.604. Sign-Posting.
(a) At the applicant's expense, a sign or signs must be placed at the site of the existing or proposed facility declaring the filing of an application for a permit and stating the manner in which the commission may be contacted for further information. Such signs must be provided by the applicant and must substantially meet the following requirements:
(1) Signs must consist of dark lettering on a white background and must be no smaller than 18 inches by 28 inches and all lettering must be no less than 1-1/2 inches in size and block printed capital lettering;
(2) Signs must be headed by the words listed in the following subparagraph:
(A) "PROPOSED AIR QUALITY PERMIT" for new permits and permit amendments; or
(B) "PROPOSED RENEWAL OF AIR QUALITY PERMIT" for permit renewals.
(3) Signs must include the words "APPLICATION NO." and the number of the permit application. More than one application number may be included on the signs if the respective public comment periods coincide;
(4) Signs must include the words "for further information contact";
(5) Signs must include the words "Texas Commission on Environmental Quality" and the address of the appropriate commission regional office;
(6) Signs must include the telephone number of the appropriate commission office;
(b) The sign or signs must be in place by the date of publication of the Notice of Receipt of Application and Intent to Obtain Permit and must remain in place and legible throughout that public comment period. The applicant shall provide a verification that the sign posting was conducted according to this section.
(c) Each sign placed at the site must be located within ten feet of every property line paralleling a public highway, street, or road. Signs must be visible from the street and spaced at not more than 1,500-foot intervals. A minimum of one sign, but no more than three signs must be required along any property line paralleling a public highway, street, or road. The executive director may approve variations from these requirements if it is determined that alternative sign posting plans proposed by the applicant are more effective in providing notice to the public. This section's sign requirements do not apply to properties under the same ownership that are noncontiguous or separated by intervening public highway, street, or road, unless directly involved by the permit application.
(d) The executive director may approve variations from the requirements of this subsection if the applicant has demonstrated that it is not practical to comply with the specific requirements of this subsection and alternative sign posting plans proposed by the applicant are at least as effective in providing notice to the public. The approval from the executive director under this subsection must be received before posting signs for purposes of satisfying the requirements of this section.
(e) Alternative language sign posting is required whenever alternative language newspaper notice would be required under §39.405(h) of this title (relating to General Notice Provisions). The applicant shall post additional signs in each alternative language in which the bilingual education program is taught. The alternative language signs must be posted adjacent to each English language sign required in this section. The alternative language sign posting requirements of this subsection must be satisfied without regard to whether alternative language newspaper notice is waived under §39.405(h)(8) of this title. The alternative language signs must meet all other requirements of this section.
Adopted June 2, 2010, effective June 24, 2010
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