| (a) The executive director may act on an application subject
to this subchapter if:
(1) public notice requirements have been satisfied and the
executive director has considered the public comment and filed a response;
(2) the application meets all relevant statutory and administrative
criteria;
(3) the application does not raise new issues that require
the interpretation of commission policy;
(4) the executive director's staff and public interest
counsel do not raise objections; and
(5) the application is uncontested because:
(A) no timely requests for reconsideration or contested case
hearing are filed with the chief clerk;
(B) the applicant and the persons who filed timely requests
for reconsideration or contested case hearing have agreed in writing to the
action to be taken by the executive director;
(C) any timely requests for reconsideration or contested case
hearing have been withdrawn in writing or have been denied;
(D) a settlement was reached in a contested case hearing, and
the application has been remanded from SOAH; or
(E) a contested case hearing request has been filed but no
opportunity for hearing is provided by law.
(6) the application is for any air permit amendment,
modification, or renewal that would not result in an increase in allowable
emissions and would not result in the emission of an air contaminant not previously
emitted.
(b) If the executive director acts on an application, the chief
clerk shall mail or otherwise transmit notice of the action and an explanation
of the opportunity to file a motion under §50.139 of this title (relating
to Motion to Overturn Executive Director's Decision), if applicable. The chief
clerk shall mail this notice to the applicant, the public interest counsel,
and to other persons who timely filed public comment in response to public
notice. The chief clerk need not mail notice of executive director action
to persons submitting public comment who have not provided a return mailing
address. The chief clerk may mail the information to a representative group
of persons when a substantial number of public comments have been submitted.
If there were timely filed hearing requests that the commission denied, the
chief clerk should also mail to the persons who timely filed hearing requests.
(c) If an application does not meet the requirements of subsection
(a) of this section, the executive director shall refer the application to
the chief clerk. The chief clerk shall schedule the application for consideration
and action by the commission.
(d) The executive director may certify a water quality management
plan (WQMP) update if:
(1) public notice has been issued as required by law and commission
rules; and
(2) all significant comments received by the end of the
comment period are considered by the executive director's staff and, if appropriate,
revisions are made to the WQMP in response to those comments.
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