| (a) Except for air quality permit applications, when
required by and subject to §55.156 of this title (relating to
Public Comment Processing), after the close of the comment period,
the chief clerk shall transmit to the people listed in subsection
(b) of this section the following information:
(1) the executive director's decision;
(2) the executive director's response to public comments;
(3) instructions for requesting that the commission
reconsider the executive director's decision; and
(4) instructions for requesting a contested case hearing.
(b) The following persons shall be sent the information
listed in subsection (a) of this section:
(1) the applicant;
(2) any person who requested to be on the mailing list
for the permit action;
(3) any person who submitted comments during the public
comment period;
(4) any person who timely filed a request for a contested
case hearing;
(5) Office of the Public Interest Counsel; and
(6) the director of the External Relations Division.
(c) When required by and subject to §55.156 of
this title, for air quality permit applications, after the close of
the comment period, the chief clerk shall:
(1) transmit to the people listed in subsection (d)
of this section the following information:
(A) the executive director's decision;
(B) the executive director's response to public comments;
(C) instructions for requesting that the commission
reconsider the executive director's decision; and
(D) instructions, which include the statements in clause
(ii) of this subparagraph, for requesting a contested case hearing
for applications:
(i) for the following types of applications:
(I) permit applications which are subject to the requirements
for Prevention of Significant Deterioration and Nonattainment permits
in Chapter 116, Subchapter B of this title (relating to New Source
Review Permits) as described in §39.402(a)(2) of this title (relating
to Applicability to Air Quality Permits and Permit Amendments);
(II) permit and permit amendment applications which
are not subject to the requirements for Prevention of Significant
Deterioration and Nonattainment permits in Chapter 116, Subchapter
B of this title, and for which hearing requests were received by the
end of the 30-day comment period following the final publication of
Notice of Receipt of Application and Intent to Obtain Permit, and
these requests were not withdrawn as described in:
(-a-) §39.402(a)(1), (3), (11) and (12) of this
title; and
(-b-) §39.402(a)(4) and (5) of this title;
(III) applications described in §39.402(7) of
this title; and
(ii) the following statements must be included:
(I) a statement that a person who may be affected by
emissions of air contaminants from the facility or proposed facility
is entitled to request a contested case hearing from the commission;
(II) that a contested case hearing request must include
the requestor's location relative to the proposed facility or activity;
(III) that a contested case hearing request should
include a description of how and why the requestor will be adversely
affected by the proposed facility or activity in a manner not common
to the general public, including a description of the requestor's
uses of property which may be impacted by the proposed facility or
activity;
(IV) that only relevant and material disputed issues
of fact raised during the comment period can be considered if a contested
case hearing request is granted; and
(V) that a contested case hearing request may not be
based on issues raised solely in a comment withdrawn by the commenter
in writing by filing a withdrawal letter with the chief clerk prior
to the filing of the Executive Director's Response to Comment; and
(2) for applications subject to the requirements of
requirements for Prevention of Significant Deterioration and Nonattainment
permits in Chapter 116, Subchapter B of this title, make available
by electronic means on the commission's Web site the executive director's
draft permit and preliminary decision, the executive director's response
to public comments, and as applicable, preliminary determination summary
and air quality analysis.
(d) The following persons shall be sent the information
listed in subsection (c) of this section:
(1) the applicant;
(2) any person who requested to be on the mailing list
for the permit action;
(3) any person who submitted comments during the public
comment period;
(4) any person who timely filed a request for a contested
case hearing;
(5) Office of the Public Interest Counsel; and
(6) the director of the External Relations Division.
(e) For air quality permit applications which meet
the following conditions, items listed in subsection (c)(1)(C) and
(D) of this section are not required to be included in the transmittals:
(1) applications for which no timely hearing request
is submitted in response to the Notice of Receipt of Application and
Intent to Obtain a Permit;
(2) applications for which one or more timely hearing
requests are submitted in response to the Notice of Receipt of Application
and Intent to Obtain Permit and for which this is the only opportunity
to request a hearing, and all of the requests are withdrawn before
the date the preliminary decision is issued;
(3) the application is for any renewal application
that would not result in an increase in allowable emissions and would
not result in the emission of an air contaminant not previously emitted
unless the application involves a facility for which the applicant's
compliance history is in the lowest classification under Texas Water
Code, §5.753 and §5.754 and the commission's rules in Chapter
60 of this title (relating to Compliance History); or
(4) applications for a Prevention of Significant Deterioration
permit that would authorize only emissions of greenhouse gases as
defined in §101.1 of this title (relating to Definitions).
(f) For applications for which all timely comments
and requests have been withdrawn before the filing of the executive
director's response to comments, the chief clerk shall transmit only
the items listed in subsection (a)(1) and (2) of this section and
the executive director may act on the application under §50.133
of this title (relating to Executive Director Action on Application
or WQMP Update).
(g) For post-closure order applications under Subchapter
N of this chapter (relating to Public Notice of Post-Closure Orders),
the chief clerk shall transmit only items listed in subsection (a)(1)
and (2) of this section to the people listed in subsection (b)(1)
- (3), (5), and (6) of this section.
(h) For applications for air quality permits under
Chapter 116, Subchapter L of this title (relating to Permits for Specific
Designated Facilities), the chief clerk will not transmit the item
listed in subsection (a)(4) of this section.
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| Source Note: The provisions of this §39.420 adopted to be effective September 23, 1999, 24 TexReg 8190; amended to be effective December 27, 2001, 26 TexReg 10604; amended to be effective June 12, 2002, 27 TexReg 4948; amended to be effective January 30, 2003, 28 TexReg 690; amended to be effective March 29, 2006, 31 TexReg 2471; amended to be effective June 24, 2010, 35 TexReg 5198; amended to be effective April 17, 2014, 39 TexReg 2854; amended to be effective May 14, 2020, 45 TexReg 3067 |
