(a) For any application, an affected person is one who has a personal justiciable interest related to a legal right, duty, privilege, power, or economic interest affected by the application. An interest common to members of the general public does not qualify as a personal justiciable interest.
(b) Except as provided by §55.103 of this title (relating to Definitions), governmental entities, including local governments and public agencies, with authority under state law over issues raised by the application may be considered affected persons.
(c) In determining whether a person is an affected person, all factors shall be considered, including, but not limited to, the following:
  (1) whether the interest claimed is one protected by the law under which the application will be considered;
  (2) distance restrictions or other limitations imposed by law on the affected interest;
  (3) whether a reasonable relationship exists between the interest claimed and the activity regulated;
  (4) likely impact of the regulated activity on the health and safety of the person, and on the use of property of the person;
  (5) likely impact of the regulated activity on use of the impacted natural resource by the person;
  (6) for a hearing request on an application filed on or after September 1, 2015, whether the requestor timely submitted comments on the application that were not withdrawn; and
  (7) for governmental entities, their statutory authority over or interest in the issues relevant to the application.
(d) In determining whether a person is an affected person for the purpose of granting a hearing request for an application filed on or after September 1, 2015, the commission may also consider the following:
  (1) the merits of the underlying application and supporting documentation in the commission's administrative record, including whether the application meets the requirements for permit issuance;
  (2) the analysis and opinions of the executive director; and
  (3) any other expert reports, affidavits, opinions, or data submitted by the executive director, the applicant, or hearing requestor.
(e) In determining whether a person is an affected person for the purpose of granting a hearing request for an application filed before September 1, 2015, the commission may also consider the factors in subsection (d) of this section to the extent consistent with case law.

Source Note: The provisions of this §55.203 adopted to be effective October 20, 1999, 24 TexReg 9015; amended to be effective May 3, 2012, 37 TexReg 3133; amended to be effective December 31, 2015, 40 TexReg 9660