(a) Except for
administrative permit amendments and permit amendments reflecting certain minor
modifications, the director shall provide for public notice, including the
method by which a public hearing can be requested, and an opportunity for
public comment on all draft covered source permits for:
(1) initial issuance;
(2) renewal;
(3) significant modification; or
(4) minor modifications to major stationary
sources that result in a net emissions increase, as defined in 40 CFR Part
52.21, equal to or exceeding fifty percent of the significant amounts of
emissions in the definition of significant in section
11-60.1-131, paragraph (1) of the
definition.
(b) 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.
(c) 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 comment 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 covered 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 and compliance certification 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, including information
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.