1. (a) When required by and subject to §55.156 of this title (relating to Public Comment Processing), after the close of the comment period, the chief clerk shall transmit to the people listed in subsection (b) of this section the following information:

   1. (1) the executive director's decision;
   2. (2) the executive director's response to public comments;
   3. (3) instructions for requesting that the commission reconsider the executive director's decision; and
   4. (4) instructions for requesting a contested case hearing.

2. (b) The following persons shall be sent the information listed in subsection (a) of this section:

   1. (1) the applicant;
   2. (2) any person who requested to be on the mailing list for the permit action;
   3. (3) any person who submitted comments during the public comment period;
   4. (4) any person who timely filed a request for a contested case hearing;
   5. (5) Office of the Public Interest Counsel; and
   6. (6) Office of Public Assistance.

3. (c) For air applications which meet the following conditions, items listed in subsection (a)(3) and (4) of this section are not required to be included in the transmittals:

   1. (1) applications for initial issuance of permits under Texas Health and Safety Code, §§382.05183, 382.05185(c) and (d), 382.05186 and 382.0519;
   2. (2) applications for initial issuance of electric generating facility permits under Texas Utilities Code, §39.264;
   3. (3) applications for which no timely hearing request is submitted in response to the Notice of Receipt of Application and Intent to Obtain a Permit;
   4. (4) applications for which a timely hearing request is submitted in response to the Notice of Receipt of Application and Intent to Obtain Permit and the request is withdrawn before the date the preliminary decision is issued; or
   5. (5) the application is for any amendment, modification, or renewal application that would not result in an increase in allowable emissions and would not result in the emission of an air contaminant not previously emitted unless the application involves a facility for which the applicant's compliance history contains violations which are unresolved and which constitute a recurring pattern of egregious conduct which demonstrates a consistent disregard for the regulatory process, including the failure to make a timely and substantial attempt to correct the violations.
4. (d) For applications for which all timely comments and requests have been withdrawn before the filing of the executive director's response to comments, the chief clerk shall transmit only the items listed in subsection (a)(1) and (2) of this section and the executive director may act on the application under §50.133 of this title (relating to Executive Director Action on Application or WQMP Update).

Source Note:The provisions of this §39.420 adopted to be effective September 23, 1999, 24 TexReg 8190; amended to be effective December 27, 2001, 26 TexReg 10604; amended to be effective June 12, 2002, 27 TexReg 4948.