R305-7-202. Notice and Comment and Exhaustion of Remedies

  (1) As provided in 19-1-301.5(4), if a public comment period is provided during the permit application process, a person who challenges a Permit Order, including the permit applicant, may only raise an issue or argument during the special adjudicative proceeding that:

  (a) the person raised during the public comment period; and

  (b) was supported with sufficient information or documentation to enable the Director to fully consider the substance and significance of the issue.

  (2) Any supporting materials which are submitted shall be included in full and may not be incorporated by reference, unless they are already part of the Administrative Record in the same proceeding, or consist of state or federal statutes, regulations or rules, EPA documents of general applicability, or other generally available reference materials.

  (3) The relevance of and the relevant portions of any supporting materials included with or incorporated by reference in comments shall be described with reasonable specificity.

  (4) In preparing a comment response document, the Director may request that the permit applicant provide information in response to comments received during the public comment period.