(a) EPA review requirements apply to initial issuances, minor permit revisions, significant permit revisions, reopenings, and renewals.
(b) The executive director shall submit the proposed permit to the EPA.
  (1) For initial issuances, significant permit revisions, reopenings, and renewals the proposed permit shall be submitted to the EPA. At the discretion of the executive director, the procedural requirements of §122.320 of this title (relating to Public Notice), §122.322 of this title (relating to Bilingual Notice), and the requirements for EPA Review under this section may run concurrently. The procedural requirements of §122.320 and §122.322 of this title and the requirements for EPA review under this section may not run concurrently if any person submits comments or if the executive director grants a hearing request. In such case, any comments received and the revised proposed permit, if applicable, shall be submitted to the EPA. The EPA review period shall begin upon its receipt of the comments and the proposed permit.
  (2) For minor permit revisions, the proposed permit shall be submitted to the EPA no earlier than the first day of the public announcement period.
  (3) For general operating permit initial issuances and significant revisions, the proposed permit shall be submitted to the EPA no earlier than the first day of the public comment period. If any person submits comments or if the executive director grants a hearing request, any comments received and the revised general operating permit, if applicable, shall be submitted to the EPA. The EPA review period shall begin upon its receipt of the comments and the general operating permit. For general operating permit minor permit revisions, the proposed permit shall be submitted to the EPA no earlier than the first day of the public announcement period.
(c) Upon receipt of the proposed permit, the EPA shall have 45 days to object, in writing, to the issuance of the proposed permit. The EPA may only object to the issuance of any proposed permit which is not in compliance with the applicable requirements or the requirements of this chapter.
(d) The executive director may issue the permit provided the following:
  (1) the EPA does not object to the issuance of the proposed permit;
  (2) the EPA notifies the executive director that the EPA will not object to the issuance of the permit; or
  (3) the executive director resolves any objections received.
(e) If the executive director fails, within 90 days of receipt of an objection, to revise the proposed permit and submit a revised permit, if necessary, in response to the objection, the EPA will issue or deny the permit in accordance with the requirements of the federal program promulgated under FCAA, Title V (relating to Permit).

Source Note: The provisions of this §122.350 adopted to be effective November 10, 1997, 22 TexReg 10677; amended to be effective September 4, 2000, 25 TexReg 8688; amended to be effective June 3, 2001, 26 TexReg 3747; amended to be effective December 11, 2002, 27 TexReg 11580