|(a) Affected state review requirements apply to initial issuances,
minor permit revisions, significant permit revisions, reopenings, and renewals.
(b) An affected state may be New Mexico, Oklahoma, Kansas,
Colorado, Arkansas, or Louisiana if either of the following criteria are satisfied:
(1) The state is contiguous to Texas and the state's air quality
may be affected by the issuance or denial of a federal operating permit, revision,
or renewal; or
(2) The state is within 50 miles of the site or proposed site.
(c) The executive director shall provide notice of the draft
permit to any affected state on or before the time notice is provided to the
public through public announcement or public notice.
(d) Affected states shall have 30 days from date of notification
to comment on the draft permit.
(e) The executive director shall notify the EPA and any affected
state, in writing, of the refusal to incorporate any recommendations into
the proposed permit that the affected state submitted during the affected
state review period. The notice shall include the executive director's reasons
for not accepting any of the recommendations.
(f) The draft permit may be changed based on comments pertaining
to whether the permit provides for compliance with the requirements of this
(g) The executive director shall respond to comments consistent
with §122.345 of this title (relating to Notice of Proposed Final Action).