(a) Notice requirements.
  (1) The Commission shall give notice of the following actions:
    (A) a draft permit has been prepared under §5.202(e) of this title (relating to Permit Required, and Draft Permit and Fact Sheet); and
    (B) a hearing has been scheduled under subsection (b)(2) of this section.
  (2) General notice by publication. The Commission shall publish notice of a draft permit once a week for three consecutive weeks in a newspaper of general circulation in each county where the storage facility is located or is to be located. The Commission shall also post notice of a draft permit on the Commission's website.
  (3) Methods of notification. The Commission shall give notice by the following methods:
    (A) Individual notice. Notice of a draft permit or a public hearing shall be given by mailing a copy of the notice to the following persons:
      (i) the applicant;
      (ii) the EPA;
      (iii) the Texas Commission on Environmental Quality, the Texas Water Development Board, the Texas Department of State Health Services, the Texas Parks and Wildlife Department, the Texas General Land Office, the Texas Historical Commission, the United States Fish and Wildlife Service, other Federal and State agencies with jurisdiction over fish, shellfish, and wildlife resources, and coastal zone management plans, the Advisory Council on Historic Preservation, including any affected States (Indian Tribes) and any agency that the Commission knows has issued or is required to issue a permit for the same facility under any federal or state environmental program;
      (iv) each adjoining mineral interest owner, other than the applicant, of the outermost boundary of the proposed geologic storage facility;
      (v) each leaseholder and interest owner of minerals lying above or below the proposed geologic storage facility;
      (vi) each adjoining leaseholder of minerals offsetting the outermost boundary of the proposed geologic storage facility;
      (vii) each owner or leaseholder of any portion of the surface overlying the proposed geologic storage facility and the adjoining area of the outermost boundary of the proposed geologic storage facility;
      (viii) the clerk of the county or counties where the proposed geologic storage facility is located or is proposed to be located;
      (ix) the city clerk or other appropriate city official where the proposed geologic storage facility is located within city limits;
      (x) any other unit of local government having jurisdiction over the area where the geologic storage facility is or is proposed to be located, and each state agency having any authority under state law with respect to the construction or operation of the geologic storage facility;
      (xi) any State, Tribe, or Territory any portion of which is within the AOR of the Class VI project;
      (xii) persons on the mailing list developed by the Commission, including those who request in writing to be on the list and by soliciting participants in public hearings in that area for their interest in being included on area mailing lists; and
      (xiii) any other class of persons that the director determines should receive notice of the application.
    (B) Any person otherwise entitled to receive notice under this paragraph may waive his or her rights to receive notice of a draft permit under this subsection.
  (4) Content of notice. Individual notice must consist of:
    (A) the applicant's intention to construct and operate an anthropogenic CO2 geologic storage facility;
    (B) a description of the geologic storage facility location;
    (C) a copy of any draft permit and fact sheet;
    (D) each physical location and the internet address at which a copy of the application may be inspected;
    (E) a statement that:
      (i) affected persons may protest, and interested persons may request a hearing on, the application;
      (ii) protests and requests for a hearing must be filed in writing and must be mailed or delivered to Technical Permitting, Oil and Gas Division, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711; and
      (iii) protests and requests for a hearing must be received by the director within 30 days of the date of receipt of the application by the division, receipt of individual notice, or last publication of notice, whichever is later; and
    (F) information satisfying the requirements of 40 CFR §124.10(d)(1).
  (5) Individual notice by publication. The applicant must make diligent efforts to ascertain the name and address of each person identified under paragraph (3)(A) of this subsection. The exercise of diligent efforts to ascertain the names and addresses of such persons requires an examination of county records where the facility is located and an investigation of any other information that is publicly and/or reasonably available to the applicant. If, after diligent efforts, an applicant has been unable to ascertain the name and address of one or more persons required to be notified under paragraph (3)(A) of this subsection, the applicant satisfies the notice requirements for those persons by the publication of the notice of application as required in paragraph (2) of this subsection. The applicant must submit an affidavit to the director specifying the efforts that the applicant took to identify each person whose name and/or address could not be ascertained.
  (6) Notice to certain communities. The applicant shall identify whether any portions of the AOR encompass an Environmental Justice (EJ) or Limited English-Speaking Household community using the most recent U.S. Census Bureau American Community Survey data. If the AOR incudes an EJ or Limited English-Speaking Household community, the applicant shall conduct enhanced public outreach activities to these communities. Efforts to include EJ and Limited English-Speaking Household communities in public involvement activities in such cases shall include:
    (A) published meeting notice in English and the identified language (e.g., Spanish);
    (B) comment forms posted on the applicant's webpage and available at public meeting in English and the alternate language;
    (C) interpretation services accommodated upon request;
    (D) English translation of any comments made during any comment period in the alternate language; and
    (E) to the extent possible, public meeting venues near public transportation.
  (7) Comment period for a draft permit. Public notice of a draft permit, including a notice of intent to deny a permit application, shall allow at least 30 days for public comment.
(b) Public comment and hearing requirements.
  (1) Public comment.
    (A) During the public comment period, any interested person may submit written comments on the draft permit and may request a hearing if one has not already been scheduled.
    (B) Reasonable limits may be set upon the time allowed for oral statements, and the submission of statements in writing may be required.
    (C) The public comment period shall automatically be extended to the close of any public hearing under this section. The hearing examiner may also extend the comment period by so stating at the hearing.
  (2) Public hearing.
    (A) If the Commission receives a protest regarding an application for a new permit or for an amendment of an existing permit for a geologic storage facility from a person notified pursuant to subsection (a) of this section or from any other affected person within 30 days of the date of receipt of the application by the division, receipt of individual notice, or last publication of notice, whichever is later, then the director will notify the applicant that the director cannot administratively approve the application. Upon the written request of the applicant, the director will schedule a hearing on the application.
    (B) The director shall hold a public hearing whenever the director finds, on the basis of requests, a significant degree of public interest in a draft permit.
    (C) The director may also hold a public hearing at the director's discretion, whenever, for instance, such a hearing might clarify one or more issues involved in the permit decision.
    (D) Public notice of a public hearing shall be given at least 30 days before the hearing. Public notice of a hearing may be given at the same time as public notice of the draft permit and the two notices may be combined.
Cont'd...