# 30 Tex. Admin. Code § 39.403: 30 TAC § 39.403. Applicability > Texas · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_403 ## Section - **Citation:** 30 Tex. Admin. Code § 39.403 - **Heading:** 30 TAC § 39.403. Applicability - **Jurisdiction:** Texas - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Texas Administrative Code / Title 30 ENVIRONMENTAL QUALITY / Part 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY / Chapter 39 PUBLIC NOTICE / 30 TAC § 39.403 ## Text (a) Permit applications that are declared administratively complete on or after September 1, 1999 are subject to Subchapters H - J, L, and M of this chapter (relating to Applicability and General Provisions; Public Notice of Solid Waste Applications; Public Notice of Water Quality Applications and Water Quality Management Plans; Public Notice of Injection Well and Other Specific Applications; and Public Notice for Radioactive Material Licenses). All consolidated permit applications are subject to Subchapter G of this chapter (relating to Public Notice for Applications for Consolidated Permits). (1) Explanation of applicability. Subsection (b) of this section lists all the types of applications to which Subchapters H - J, L, and M of this chapter apply. Subsection (c) of this section lists certain types of applications that would be included in the applications listed in subsection (b) of this section, but that are specifically excluded. Subsection (d) of this section specifies that only certain sections apply to applications for radioactive materials licenses. Subsection (e) of this section lists the types of applications for which public notice is not required. (2) Explanation of organization. Subchapter H of this chapter contains general provisions that may apply to all applications under Subchapters H - M of this chapter. Additionally, in Subchapters I - M of this chapter, there is a specific subchapter for each type of application. Those subchapters contain additional requirements for each type of application, as well as indicating which parts of Subchapter H of this chapter must be followed. (3) Types of applications. Unless otherwise provided in Subchapters G - M of this chapter, public notice requirements apply to applications for new permits and applications to amend, modify, or renew permits. (b) As specified in those subchapters, Subchapters H - J, L, and M of this chapter apply to notices for: (1) applications for municipal solid waste, industrial solid waste, or hazardous waste permits under Texas Health and Safety Code (THSC), Chapter 361; (2) applications for wastewater discharge permits under Texas Water Code (TWC), Chapter 26, including: (A) applications for the disposal of sewage sludge or water treatment sludge under Chapter 312 of this title (relating to Sludge Use, Disposal, and Transportation); and (B) applications for individual permits under Chapter 321, Subchapter B of this title (relating to Concentrated Animal Feeding Operations); (3) applications for underground injection well permits under TWC, Chapter 27, or under THSC, Chapter 361; (4) applications for production area authorizations or exempted aquifers under Chapter 331 of this title (relating to Underground Injection Control); (5) contested case hearings for permit applications or contested enforcement case hearings under Chapter 80 of this title (relating to Contested Case Hearings); (6) applications for radioactive material licenses under Chapter 336 of this title (relating to Radioactive Substance Rules), except as provided in subsection (d) of this section; (7) applications for consolidated permit processing and consolidated permits processed under TWC, Chapter 5, Subchapter J, and Chapter 33 of this title (relating to Consolidated Permit Processing); and (8) Water Quality Management Plan updates processed under TWC, Chapter 26, Subchapter B. (c) Regardless of the applicability of subsection (b) of this section, Subchapters H - M of this chapter do not apply to the following actions and other applications where notice or opportunity for contested case hearings are otherwise not required by law: (1) applications for authorizations under Chapter 321 of this title (relating to Control of Certain Activities by Rule), except for applications for individual permits under Chapter 321, Subchapter B of this title; (2) applications for registrations and notifications under Chapter 312 of this title; (3) applications under Chapter 332 of this title (relating to Composting); (4) applications for minor modifications of Texas Pollutant Discharge Elimination System permits under §305.62(c)(3) of this title (relating to Amendments), except as provided by §39.551 of this title (relating to Application for Wastewater Discharge Permit, Including Application for the Disposal of Sewage Sludge or Water Treatment Sludge); (5) applications for registration and notification of sludge disposal under §312.13 of this title (relating to Actions and Notice); or (6) applications listed in Subchapter P of this chapter (relating to Other Notice Requirements). (d) Applications for radioactive materials licenses under Chapter 336 of this title are not subject to §39.405(c) and (e) of this title (relating to General Notice Provisions); §§39.418 - 39.420 of this title (relating to Notice of Receipt of Application and Intent to Obtain Permit; Notice of Application and Preliminary Decision; and Transmittal of the Executive Director's Response to Comments and Decision); and certain portions of §39.413 of this title (relating to Mailed Notice) that are not listed in §39.705 of this title (relating to Mailed Notice for Radioactive Material Licenses). (e) Public notice is not required for the following: (1) applications for the correction or endorsement of permits under §50.145 of this title (relating to Corrections of Permits); (2) permittees' voluntary requests for suspension or revocation of permits under Chapter 305, Subchapter D of this title (relating to Amendments, Renewals, Transfers, Corrections, Revocation, and Suspension of Permits); (3) applications for special collection route permits under §330.7(c)(2) of this title (relating to Permit Required); or (4) applications for minor modifications of underground injection control permits under §305.72 of this title (relating to Underground Injection Control (UIC) Permit Modifications at the Request of the Permittee). ## Nearby sections - [30 Tex. Admin. Code § 39.401 30 TAC § 39.401. Purpose](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_401.md) - [30 Tex. Admin. Code § 39.402 30 TAC § 39.402. Applicability to Air Quality Permits and Permit Amendments](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_402.md) - [30 Tex. Admin. Code § 39.403 30 TAC § 39.403. Applicability](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_403.md) - [30 Tex. Admin. Code § 39.405 30 TAC § 39.405. General Notice Provisions](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_405.md) - [30 Tex. Admin. Code § 39.407 30 TAC § 39.407. Mailing Lists](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_407.md) - [30 Tex. Admin. Code § 39.409 30 TAC § 39.409. Deadline for Public Comment, and for Requests for Reconsideration, Contested Case Hearing, or Notice and Comment Hearing](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_409.md) - [30 Tex. Admin. Code § 39.411 30 TAC § 39.411. Text of Public Notice](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_411.md) - [30 Tex. Admin. Code § 39.412 30 TAC § 39.412. Combined Notice for Certain Greenhouse Gases Permit Applications](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_412.md) - [30 Tex. Admin. Code § 39.413 30 TAC § 39.413. Mailed Notice](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_413.md) - [30 Tex. Admin. Code § 39.418 30 TAC § 39.418. Notice of Receipt of Application and Intent to Obtain Permit](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_418.md) - [30 Tex. Admin. Code § 39.419 30 TAC § 39.419. Notice of Application and Preliminary Decision](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_419.md) - [30 Tex. Admin. Code § 39.420 30 TAC § 39.420. Transmittal of the Executive Director's Response to Comments and Decision](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_420.md) - [30 Tex. Admin. Code § 39.421 30 TAC § 39.421. Notice of Commission Meeting to Evaluate a Request for Reconsideration or Hearing on an Application](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_421.md) - [30 Tex. Admin. Code § 39.423 30 TAC § 39.423. Notice of Contested Case Hearing](https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_423.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TX_TAC_T30_P1_C39_S39_403. Check the current official text before relying on it. Not legal advice.