(a) A permit may be issued by the executive director provided the following:
  (1) the executive director has received a complete permit application under §122.134 of this title (relating to Complete Application);
  (2) the conditions of the permit provide for compliance with the requirements of this chapter;
  (3) the requirements of this chapter for public notice, affected state review, notice and comment hearing, and EPA review have been satisfied; and
  (4) the executive director has provided a statement that sets forth the legal and factual basis for the draft permit conditions (including references to the applicable statutory or regulatory provisions). The executive director will send this statement to the EPA and any person who requests it. A statement of basis is required for all initial issuances, revisions, renewals, and reopenings.
(b) The permit will not be final until the public petition requirements of this chapter have been satisfied.
(c) The executive director shall make a copy of the permit application, the permit, and any required notices accessible to the EPA.
(d) All permits shall have terms not to exceed five years from initial issuance or renewal.
(e) At the discretion of the executive director, more than one permit may be issued for a site.
(f) Neither the issuance of a general operating permit by the executive director nor the granting of an authorization to operate under a general operating permit shall be required to meet the requirements of this section. General operating permits are subject to the requirements of Subchapter F of this chapter (relating to General Operating Permits).
(g) If the permit application does not meet the criteria of this chapter, the executive director may deny the permit application.

Source Note: The provisions of this §122.201 adopted to be effective November 10, 1997, 22 TexReg 10677; amended to be effective March 4, 1999, 24 TexReg 1387; amended to be effective December 11, 2002, 27 TexReg 11580