(a) The notice and comment hearing requirements apply only to an application filed before September 1, 2001, for a multiple plant permit (MPP) initial issuance, amendment, or revocation.
(b) The executive director shall decide whether to hold a hearing. The executive director is not required to hold a hearing if it determines that the basis of the request by a person who may be affected by emissions from a facility that is included in an MPP application is unreasonable. If a hearing is requested by a person who may be affected by emissions from a facility that is included in an MPP application, and that request is reasonable, the executive director will hold a hearing.
(c) At the applicant's expense, notice of a hearing on a draft permit must be published in the public notice section of one issue of a newspaper of general circulation in the municipality in which the facility that is included in an MPP application is located, or in the municipality nearest to the location of the facility. The notice must be published at least 30 days before the date set for the hearing. The notice must include the following:
  (1) the time, place, and nature of the hearing;
  (2) a brief description of the purpose of the hearing; and
  (3) the name and phone number of the commission office to be contacted to verify that a hearing will be held.
(d) Any person, including the applicant, may submit oral or written statements and data concerning the draft permit.
  (1) The executive director may set reasonable time limits for oral statements, and may require the submission of statements in writing.
  (2) The period for submitting written comments is automatically extended to the close of any hearing.
  (3) At the hearing, the executive director may extend the period for submitting written comments beyond the close of the hearing.
(e) The agency will make an audio recording or written transcript of the hearing available to the public.
(f) Any person, including the applicant, who believes that any condition of the draft permit is inappropriate or that the preliminary decision to issue or deny the permit is inappropriate, shall raise all issues and submit all arguments supporting that position by the end of the public comment period.
(g) Any supporting materials for comments submitted under subsection (f) of this section must be included in full and may not be incorporated by reference, unless the materials are one of the following:
  (1) already part of the administrative record in the same proceedings;
  (2) federal or state statutes, regulations, and rules;
  (3) EPA documents of general applicability; or
  (4) other generally available reference materials.
(h) The executive director will keep a record of all comments received and issues raised in the hearing. This record will be available to the public.
(i) The draft permit may be changed based on comments relating to whether the draft permit complies with the requirements of this subchapter.
(j) The executive director will respond to comments consistent with §116.1042 of this title (relating to Notice of Final Action).

Source Note: The provisions of this §116.1041 adopted to be effective September 4, 2000, 25 TexReg 8668; amended to be effective August 15, 2002, 27 TexReg 7140