Section 39.420 - Transmittal of the Executive Director's Response to Comments and Decision(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the final publication of Notice of Receipt of Application and Intent to Obtain Permit, and these requests were not withdrawn as described in:(-a-) §39.402(a)(1), (3), (11) and (12) of this title; and(-b-) § 39.402(a)(4) and (5) of this title;(III) applications described in §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.30 Tex. Admin. Code § 39.420
The provisions of this §39.420 adopted to be effective September 23, 1999, 24 TexReg 8190; amended to be effective December 27, 2001, 26 TexReg 10604; amended to be effective June 12, 2002, 27 TexReg 4948; amended to be effective January 30, 2003, 28 TexReg 690; amended to be effective March 29, 2006, 31 TexReg 2471; amended to be effective June 24, 2010, 35 TexReg 5198; amended to be effective April 17, 2014, 39 TexReg 2854; Amended by Texas Register, Volume 45, Number 19, May 8, 2020, TexReg 3069, eff. 5/14/2020