|(a) Public petition requirements apply to initial issuances,
significant permit revisions, reopenings, and renewals.
(b) If the EPA does not file an objection with the executive
director, any person, including the applicant, affected by a decision of the
commission under this chapter may petition the EPA to make an objection. After
receiving a petition, the EPA may only object to the issuance of any proposed
permit which is not in compliance with the applicable requirements or the
requirements of this chapter.
(c) The petition must be filed with the EPA within 60 days
after the expiration of EPA's 45-day review period. For general operating
permits, the petition must be filed no later than 60 days after issuance of
the general operating permit by the executive director.
(d) A copy of the petition shall be provided to the executive
director and the applicant by the petitioner.
(e) The petition does not limit the effectiveness of a permit
issued by the executive director or the finality of the executive director's
action for purposes of an appeal under Texas Health and Safety Code, §382.032.
(f) Petitions shall be based only on objections to the permit
that were raised with reasonable specificity during the public comment period,
unless the petitioner demonstrates in the petition to the EPA that it was
not possible to raise the objections within the public comment period, or
that the grounds for the objection arose after the public comment period.
The petition shall identify all objections.
(g) If the EPA objects to the permit as a result of a petition
filed under this section before issuance of the permit, the executive director
shall not issue the permit until EPA's objection has been resolved.
(h) If the executive director has issued a permit before receipt
of an EPA objection based on a public petition, the permit remains effective
and the executive director shall have 90 days from the receipt of an EPA objection
to resolve any objection and, if necessary, terminate or revise the permit.
(1) In the event additional information is needed from the
permit holder, the executive director may request from EPA a 90-day extension
to resolve the objection.
(2) If the executive director fails to resolve the objection,
EPA will revise, terminate, or revoke the permit, and the executive director
may issue only a revised permit that satisfies EPA's objection.
(3) The permit holder will not be in violation of the requirement
to have submitted a timely and complete application.