Section 115.914 - Procedures for an Alternate Means of Control Plan ApprovalUpon a preliminary determination to approve or deny the proposed alternative means of control (AMOC) plan, the executive director shall, in writing, so notify the submitter of the plan, any local air pollution control program with jurisdiction over the account affected by the AMOC plan, and the EPA regional office.
(1) If the executive director makes a preliminary determination to approve the AMOC plan, then this notice shall include a copy of the AMOC plan as preliminarily approved.(2) If the executive director makes a determination to deny the AMOC plan, then the notice shall include a description of the reasons for such determination of denial. This determination shall constitute a final action of the executive director appealable to the commission as provided in paragraph (7) of this section.(3) Upon receipt of notice from the executive director that the AMOC plan has received preliminary approval, the AMOC applicant, at the applicant's own expense, shall cause to be published notice of the applicant's intent to obtain an AMOC plan and of the opportunity to submit written comments. Notice shall be consistent with § 115.915 of this title (relating to Public Notice Format).(4) The executive director shall consider and prepare a written response to all significant and timely written comments filed in connection with an AMOC plan.(5) In response to the written comments, the executive director may modify the provisions of the AMOC plan, deny the AMOC plan, or approve the AMOC plan without changes.(6) The executive director shall send written notice of his/her final determination concerning each AMOC plan to the submitter of the plan, the EPA regional office, any local pollution control program with jurisdiction over the account affected by the AMOC plan, and to each person who submitted timely written comments. Such notice shall include final AMOC plan provisions, a copy of the response to comments, and an announcement of the opportunity to appeal the executive director's determination to the commission. The notice required by this subsection shall be sent by a means evidencing receipt.(7) Any person entitled to notice under paragraph (6) of this section may, within 15 days of the receipt of such notice, file with the executive director an appeal of the final determination on the AMOC plan. Such appeal shall be considered at the next regularly scheduled meeting of the commission for which adequate notice may be made. Based on arguments submitted to the commission during such appeal, the commission may remand the AMOC determination to the executive director, deny the AMOC plan, or issue the AMOC plan unchanged.(8) Within 45 days of final approval of the AMOC plan by the executive director, EPA may notify the commission of EPA's disapproval of the executive director's final decision. Such notification shall be in writing and shall include a statement of the reason(s) for the disapproval and a specific listing of changes to the AMOC plan that must be made in order to overcome the disapproval. Any time prior to the expiration of the 45-day period, EPA may notify the executive director that no disapproval is forthcoming. Upon receipt of a timely EPA disapproval, the executive director shall void or revise the AMOC plan, and reissue the notice as required by paragraph (6) of this section.(9) If no appeal of the executive director's decision to approve the AMOC plan is filed pursuant to paragraph (7) of this section, the AMOC plan becomes effective upon the acceptance of the plan by EPA as described in paragraph (11) of this section.(10) If an appeal of the executive director's decision is filed, the AMOC plan becomes effective upon the latter of the acceptance of the AMOC plan by the commission or the acceptance of the AMOC plan by EPA.(11) EPA acceptance is defined as explicit approval of the AMOC plan by EPA, notification by EPA to the executive director that no EPA disapproval is forthcoming, or failure of EPA to file notice of disapproval within 45 days after the executive director's final decision to approve the AMOC plan.30 Tex. Admin. Code § 115.914
The provisions of this §115.914 adopted to be effective August 9, 1994, 19 TexReg 5719; amended to be effective May 16, 2002, 27 TexReg 4113