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RULE §50.133Executive Director Action on Application or WQMP Update

(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    (C) any timely requests for reconsideration or contested case hearing have been withdrawn in writing or have been denied;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.

Source Note: The provisions of this §50.133 adopted to be effective September 23, 1999, 24 TexReg 8254

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