1. (a) The chief clerk shall deliver or mail to the executive director, the Office of Public Interest Counsel, the Office of Public Assistance, the director of the Alternative Dispute Resolution Office, and the applicant copies of all documents filed with the chief clerk in response to public notice of an application.

2. (b) If comments are received, the following procedures apply to the executive director.

   1. (1) Before an application is approved, the executive director shall prepare a response to all timely, relevant and material, or significant public comment, whether or not withdrawn, and specify if a comment has been withdrawn. The response shall specify the provisions of the draft permit that have been changed in response to public comment and the reasons for the changes.
   2. (2) The executive director may call and conduct public meetings, under §55.154 of this title (relating to Public Meetings), in response to public comment.
   3. (3) The executive director shall file the response to comments with the chief clerk within the shortest practical time after the comment period ends, not to exceed 60 days.

3. (c) After the executive director files the response to comments, the chief clerk shall mail (or otherwise transmit) the executive director's decision, the executive director's response to public comments, and instructions for requesting that the commission reconsider the executive director's decision or hold a contested case hearing. Instructions for requesting reconsideration of the executive director's decision or requesting a contested case hearing are not required to be included in this transmittal for the applications listed in §39.420(c) and (d) of this title (relating to Transmittal of the Executive Director's Response to Comments and Decision). The chief clerk shall provide the information required by this section to the following:

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

4. (d) The instructions sent under §39.420(a) of this title regarding how to request a contested case hearing shall include at least the following statements:

   1. (1) for air applications, that a person who may be affected by emissions of air contaminants from the facility or proposed facility is entitled to request a contested case hearing from the commission;
   2. (2) that a contested case hearing request must include the requestor's location relative to the proposed facility or activity;
   3. (3) that a contested case hearing request should include a description of how and why the requestor will be adversely affected by the proposed facility or activity in a manner not common to the general public, including a description of the requestor's uses of property which may be impacted by the proposed facility or activity;
   4. (4) that only relevant and material disputed issues of fact raised during the comment period can be considered if a contested case hearing request is granted; and
   5. (5) that a contested case hearing request may not be based on issues raised solely in a comment withdrawn by the commenter in writing by filing a withdrawal letter with the chief clerk prior to the filing of the Executive Director's Response to Comment.
5. (e) Subsections (b)(2), (c), and (d) of this section do not apply to a case referred to SOAH under §55.210 of this title (relating to Direct Referrals).

Source Note:The provisions of this §55.156 adopted to be effective October 20, 1999, 24 TexReg 9015; amended to be effective December 27, 2001, 26 TexReg 10606.