Texas 30 TAC Chapter 55, Subchapter E, Section 55.156, Public Comment Processing, SIP effective June 8, 2018 (TXd206)
Texas Commission on Environmental Quality
55 Chapter 55 – Request for Reconsideration and Contested Case Hearings: Public Comment
55E SUBCHAPTER E : PUBLIC COMMENT AND PUBLIC MEETINGS
55E Section 55.156. Public Comment Processing.
As approved by EPA May 9, 2018 (83 FR 21178), SIP effective June 8, 2018 (TXd206).
SIP includes 55.156(a), (b), (c)(1), and (g),
as adopted by TCEQ December 9, 2015 effective December 31, 2015 (55-G),
Submitted to EPA February 21, 2017 (TX-402),
Regulations.gov document EPA-R06-OAR-2017-0124-0006 [TX198.06].
Approved by EPA May 9, 2018 (83 FR 21178), SIP effective June 8, 2018 (TXd206),
Regulations.gov docket EPA-R06-OAR-2017-0124 [TX198],
Explanation: SIP includes 55.156(a), (b), (c)(1), and (g).
§55.156. Public Comment Processing.
(a) The chief clerk shall deliver or mail to the executive director, the Office of Public Interest Counsel, the Office of Public Assistance, the director of the Alternative Dispute Resolution Office, and the applicant copies of all documents filed with the chief clerk in response to public notice of an application.
(b) If comments are received, the following procedures apply to the executive director.
(1) Before an application is approved, the executive director shall prepare a response to all timely, relevant and material, or significant public comment, whether or not withdrawn, and specify if a comment has been withdrawn. Before any air quality permit application for a Prevention of Significant Deterioration or Nonattainment permit subject to Chapter 116, Subchapter B of this title (relating to New Source Review Permits) or for applications for the establishment or renewal of, or an increase in, a plant-wide applicability limit permit under Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification), filed on or after the effective date of this section, is approved, the executive director shall prepare a response to all comments received. The response shall specify the provisions of the draft permit that have been changed in response to public comment and the reasons for the changes.
(2) The executive director may call and conduct public meetings, under §55.154 of this title (relating to Public Meetings), in response to public comment.
(3) The executive director shall file the response to comments with the chief clerk within the shortest practical time after the comment period ends, not to exceed 6o days.
(c) After the executive director files the response to comments, the chief clerk shall mail (or otherwise transmit) the executive director's decision, the executive director's response to public comments, and instructions for requesting that the commission reconsider the executive director's decision or hold a contested case hearing. The chief clerk shall provide the information required by this section to the applicant, any person who submitted comments during the public comment period, any person who requested to be on the mailing list for the permit action, any person who timely filed a request for a contested case hearing in response to the Notice of Receipt of Application and Intent to Obtain a Permit for an air application, the Office of Public Interest Counsel, and the Office of Public Assistance. Instructions for requesting reconsideration of the executive director's decision or requesting a contested case hearing are not required to be included in this transmittal for the applications listed in:
(1) §39-420(e) of this title (relating to Transmittal of the Executive Director's Response to Comments and Decision); and
(2) NOT IN SIP
(d) NOT IN SIP
(e) NOT IN SIP
(f) NOT IN SIP
(g) Notwithstanding the requirements in §39.420 of this title, the commission shall make available by electronic means on the commission's website the executive director's decision and the executive director's response to public comments.
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