Current through Reg. 50, No. 13; March 28, 2025
(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:
(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 Relatio s 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withdrawn as described in: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:
(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.
