(a) In considering
an application for a noncovered source permit, the director shall provide for
public notice, including the method by which a public hearing can be requested,
and an opportunity for public comment for permits that result in a net increase
in emissions of any air pollutant at or above the 'significant" emission rates
of 11-60.1-131, paragraph (1) of the definition. The fugitive emissions of a
stationary source shall not be included in determining the increase in
emissions of the source for the purposes of this section, unless the source
belongs to one of the categories of stationary sources listed in paragraph (2)
of the definition of "major source" in section
11-60.1-1. Any person requesting a
public hearing shall do so during the public comment period. Any request from a
person for a public hearing shall indicate the interest of the person filing
the request and the reasons why a public hearing is warranted.
(b) Procedures for public notice, public
comment periods, and public hearings shall be as follows:
(1) The director shall make available for
public inspection in at least one location in the county affected by the
proposed action, or in which the source is or would be located:
(A) Information on the subject
matter;
(B) Information submitted
by the applicant, except for that determined to be confidential pursuant to
section 11-60.1-14;
(C) The department's analysis and proposed
action; and
(D) Other information
and documents determined to be appropriate by the
department;
(2)
Notification of a public hearing shall be given at least thirty days in advance
of the hearing date;
(3) A public
comment period shall be no less than thirty days following the date of the
public notice, during which time interested persons may submit to the
department written comments on:
(A) The
subject matter;
(B) The
application;
(C) The department's
analysis;
(D) The proposed actions;
and
(E) Other considerations as
determined to be appropriate by the department;
(4) Notification of a public comment period
or a public hearing shall be made:
(A) By
publication in a newspaper which is printed and issued at least twice weekly in
the county affected by the proposed action, or in which the source is or would
be located;
(B) To persons on a
mailing list developed by the director, including those who request in writing
to be on the list; and
(C) If
necessary by other means to assure adequate notice to the affected
public;
(5) Notice of
public conunent and public hearing shall identify:
(A) The affected facility;
(B) The name and address of the
permittee;
(C) The name and address
of the agency of the department processing the permit;
(D) The activity or activities involved in
the permit action;
(E) The
emissions change involved in any permit amendment reflecting a modification to
the noncovered source;
(F) The
name, address, and telephone number of a person from whom interested persons
may obtain additional information, including copies of the draft permit, the
application, all relevant supporting materials including any compliance plan
and monitoring reports, and all other materials available to the department
that are relevant to the permit decision, except for information that is
determined to be confidential pursuant to section
11-60.1-14;
(G) A brief description of the comment
procedures;
(H) The time and place
of any hearing that may be held, including a statement of procedures to request
a hearing if one has not already been scheduled; and
(I) The availability of the information
listed in paragraph (1), and the location and times the information will be
available for inspection; and
(6) The director shall maintain a record of
the commenters and the issues raised during the public participation process
and shall provide this information to the Administrator upon
request.