(a) Applicability. The requirements of subsections (b) - (e) of this section apply to processing a new general permit, an amendment, renewal, revocation, or cancellation of a general permit.
(b) Notice of a draft general permit shall be published as follows:
  (1) Notice shall be published in the Texas Register and in at least one newspaper of statewide or regional circulation; and
  (2) The public notice shall be published not later than the 30th day before the commission considers the approval of a general permit.
(c) The contents of a public notice of a draft general permit shall:
  (1) include the applicable information described in §39.411 of this title (relating to Text of Public Notice);
  (2) include an invitation for written comments by the public to the commission regarding the proposed draft general permit; and
  (3) specify a comment period of at least 30 days.
(d) Requirements relating to public meetings are as follows:
  (1) The agency may hold a public meeting to provide an additional opportunity for public comment and shall hold such a public meeting when the executive director determines, on the basis of requests, that a significant degree of public interest in a draft general permit exists.
  (2) Notice of a public meeting shall be by publication in the Texas Register not later than the 30th day before the date of the meeting.
  (3) Notice of a public meeting shall be mailed to the following:
    (A) the county judge of the county or counties in which permittees under the general permit could be located;
    (B) persons who filed public comment or request for a public meeting on or before the deadline for filing public comment or request for a public meeting; and
    (C) any other person the executive director or chief clerk may elect to include.
  (4) The contents of a notice of a public meeting shall include the applicable information described in §39.411 of this title. Each notice must include an invitation for written or oral comments by the public regarding the draft general permit.
  (5) The public comment period shall automatically be extended to the close of any public meeting held by the agency on the proposed general permit.
(e) If the agency receives public comment during the comment period relating to issuance of a general permit, the executive director shall respond in writing to these comments, and this response shall be made available to the public and filed with the chief clerk at least ten days before the commission considers the approval of the general permit. The response shall address all written comments received during the comment period and oral or written comments received during any public meeting held by the agency. The commission shall consider all public comment in making its decision and shall either adopt the executive director's response to public comment or prepare its own response.
  (1) The commission shall issue its written response to comments on the general permit at the same time the commission issues or denies the general permit.
  (2) A copy of any issued general permit and response to comments shall be made available to the public for inspection at the agency's Austin office and also in the appropriate regional offices.
  (3) A notice of the commission's action on the proposed general permit and a copy of its response to comments shall be mailed to each person who made a comment during the comment period.
  (4) A notice of the commission's action on the proposed general permit and the text of its response to comments shall be published in the Texas Register.

Source Note: The provisions of this §331.202 adopted to be effective July 10, 2008, 33 TexReg 5342; amended to be effective May 14, 2020, 45 TexReg 3123