(a) Notice and comment hearing requirements apply to initial issuances, significant permit revisions, reopenings, and renewals.
(b) Any hearing regarding a permit will be conducted under the procedures in this section, and not under the APA.
(c) Any person who may be affected by emissions from a site regulated under this chapter may request the executive director to hold a hearing on the draft permit. The request must be made during the 30-day public comment period.
(d) The executive director shall decide whether to hold a hearing. The executive director is not required to hold a hearing if the basis of the request by a person who may be affected by emissions from a site is determined to be unreasonable. If a hearing is requested by a person who may be affected by emissions from a site regulated under this chapter, and that request is reasonable, the executive director shall hold a hearing.
(e) 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 site or proposed site is located, or in the municipality nearest to the location of the site or proposed site. 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.
(f) The applicant shall submit a copy of the notice of hearing and date of publication to the executive director and all local air pollution control agencies with jurisdiction in the county in which the site is located.
(g) At the executive director's discretion, the hearing notice may be combined with the notice of the draft permit required by this chapter.
(h) Any person, including the applicant, may submit oral or written statements and data concerning the draft permit.
  (1) Reasonable time limits may be set for oral statements, and the submission of statements in writing may be required.
  (2) The period for submitting written comments is automatically extended to the close of any hearing.
  (3) At the hearing, the period for submitting written comments may be extended beyond the close of the hearing.
(i) A tape recording or written transcript of the hearing must be made available to the public.
(j) 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 reasonably ascertainable issues and submit all reasonably available arguments supporting that position by the end of the public comment period.
(k) Any supporting materials for comments submitted under subsection (j) 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) state or federal statutes and regulations;
  (3) EPA documents of general applicability; or
  (4) other generally available reference materials.
(l) The executive director shall keep a record of all comments received and issues raised in the hearing. This record is available to the public.
(m) The draft permit may be changed based on comments pertaining to whether the permit provides for compliance with the requirements of this chapter.
(n) The executive director shall respond to comments consistent with §122.345 of this title (relating to Notice of Proposed Final Action).

Source Note: The provisions of this §122.340 adopted to be effective July 30, 1997, 22 TexReg 6867; amended to be effective June 3, 2001, 26 TexReg 3747