All persons, including applicants, who believe any condition of a draft permit is inappropriate or that the Director's tentative decision to deny an application or prepare a draft permit is inappropriate, must raise all reasonably ascertainable issues and submit all reasonably available arguments and factual grounds supporting their position, including all supporting material, by the close of the public comment period (including any public hearing) under § 100.506. All supporting materials shall be included in full and may not be incorporated by reference, unless they are already part of the administrative record in the same proceeding, or consist of State or Federal statutes and regulations, EPA documents of general applicability, or other generally available reference materials. Commenters shall make supporting material not already included in the administrative record available to the Department as requested by the Director. (A comment period longer than 45 days may often be necessary to give commenters a reasonable opportunity to comply with the requirements of this section. Commenters may request longer comment periods and they should be freely granted under § 100.506 to the extent that the commenter demonstrates the need for such time.) A person's failure to raise issues or present information as required by this section may preclude a party from raising those issues or introducing the information during an appeal under § 100.514.
6 CCR 1007-3-100.5.509