(a) All hearings regarding general operating permits shall be conducted under the procedures in this section.
(b) Any person who may be affected by emissions from emission units that may be authorized to operate under the general operating permit may request that the executive director hold a hearing on a draft general operating permit.
(c) 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 emission units that may be authorized to operate under the general operating permit is determined to be unreasonable. If a hearing is requested by a person who may be affected by emissions from emission units that may be authorized to operate under the general operating permit, and that request is reasonable, the executive director shall hold a hearing.
(d) The executive director shall publish notice of a hearing on a draft general operating permit. The notice must be published at least 30 days before the date set for the hearing. The notice must include, at a minimum, 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.
(e) At the executive director's discretion, the hearing notice may be combined with the notice of the opportunity for public comment required by this subchapter.
(f) Any person may submit oral or written statements and data concerning the draft general operating 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 the hearing.
  (3) At the hearing, the period for submitting written comments may be extended beyond the close of the hearing.
(g) A tape recording or written transcript of the hearing shall be made available to the public.
(h) Any person who believes that any condition of the draft general operating permit is inappropriate or that the preliminary decision to issue the general operating permit is inappropriate, must raise all reasonably ascertainable issues and submit all reasonably available arguments supporting that position by the end of the public comment period.
(i) Any supporting materials for comments submitted under subsection (f) of this section shall 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.
(j) The executive director shall keep a record of all comments and also of the issues raised in the hearing. This record shall be available to the public.
(k) The draft general operating permit rule may be changed based on comments pertaining to whether the draft general operating permit provides for compliance with the requirements of this chapter.
(l) 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 §122.508 adopted to be effective November 10, 1997, 22 TexReg 10677; amended to be effective March 4, 1999, 24 TexReg 1387