Sec. 17.
(a) Any
person applying for a Part 70 permit upon land that is either undeveloped or
for which a valid existing permit has not been issued shall, not more than ten
(10) working days after submitting the Part 70 permit application, make a
reasonable effort to provide notice to all owners or occupants of land
adjoining the land that is the subject of the application. Each applicant shall
pay the cost of compliance with this requirement. The notice must:
(1) be in writing; and
(2) include:
(A) the date on which the application was
submitted; and
(B) a brief
description of the subject of the application.
(b) Each applicant for a Part 70 permit shall
complete the following:
(1) Place a copy of
the permit application, permit modification application, and any additional
information submitted to the department for public review at a library in the
county where the source is located or will be located not later than ten (10)
days after submitting the permit application, permit modification application,
or additional information to the department.
(2) Provide the commissioner with the
location of the library where the copy may be found.
(3) Comply with the requirements of
subdivisions (1) and (2) when providing any additional material regarding the
application to the department.
(4)
The applicant may remove the Part 70 permit application and related information
previously placed at the public library anytime not earlier than sixty (60)
days after the final Part 70 permit has become effective.
(c) All Part 70 permit proceedings, including
initial Part 70 permit issuance, significant modifications, minor permit
modifications, and renewals, must provide adequate procedures for public
notice, including offering an opportunity for public comment and a hearing on
the draft Part 70 permit as follows:
(1) Prior
to issuing a Part 70 permit, the draft permit must be available for review in
the following manner:
(A) The commissioner
shall notify the public of the draft Part 70 permit as follows:
(i) By publication of a notice on the
department website or in a state publication designed to give general public
notice.
(ii) To persons on a
mailing list developed by the commissioner, including those who request in
writing to be on the list.
(iii) By
other means if necessary to ensure adequate notice to the affected
public.
(B) The draft
permit must be provided for public review through electronic access on the
department website for the duration of the public comment period.
(C) The notice must identify the following:
(i) The affected facility.
(ii) The name and address of the
permittee.
(iii) The name and
address of the commissioner processing a Part 70 permit.
(iv) The activity or activities involved in a
Part 70 permit action and information sufficient to notify the public as to the
emissions implications of those activities.
(v) The emissions change involved in any Part
70 permit modification.
(vi) The
name, address, and telephone number of a person from whom interested persons
may obtain additional information, including copies of a Part 70 permit draft,
the application, all relevant supporting materials, and all other materials
available to the commissioner that are relevant to a Part 70 permit
decision.
(D) The notice
must include the following:
(i) Notification
of receipt of the permit application.
(ii) The commissioner's draft approval of the
permit application.
(iii)
Notification to the public of the following:
(AA) At least a thirty (30) day period for
submitting written comments to the commissioner and a brief description of the
comment procedures required by this section.
(BB) The opportunity for a public hearing
including a statement of procedures to request a hearing (unless a hearing has
already been scheduled) for consideration of the permit application.
Notification including the time and place of any hearing that may be held must
be given at least thirty (30) days in advance of the hearing if the hearing has
been scheduled.
(CC) That a copy of
the application and commissioner's analysis thereof are available for
inspection at the library designated in subsection (b).
(2) A copy of the
notice provided under subdivision (1) must also be provided to the appropriate
federal, state, or local agency.
(3) The commissioner shall do the following:
(A) Provide notice and opportunity for
participation by affected states. Except as otherwise waived by the U.S. EPA,
the commissioner shall give notice of each draft permit to any affected state
on or before the time that the commissioner provides notice to the public under
this section, except to the extent that section 12(b) and 12(c) of this rule
requires timing of the notice to be different.
(B) Keep a record of the commenters and also
of the issues raised during the public participation process so that the U.S.
EPA may fulfill its obligation under Section 505(b)(2) of the CAA to determine
whether a citizen petition may be granted. The records must be available to the
public.
(C) Prepare a written
response to comments that must be available to the public at the time a
proposed permit is submitted to the U.S. EPA.
(4) Notification, in writing, of the final
determination must be:
(A) given according to
IC 13-15-5-3; and
(B) made
available for public inspection at the public library identified in subsection
(b)(2).
(5) A permit may
be denied by the commissioner on the basis of adverse comment if the comment
demonstrates the following:
(A) The ambient
air quality standards under 326 IAC 1-3 cannot be attained or maintained if a
permit is issued.
(B) The
prevention of significant deterioration requirements under 326 IAC 2-2 will not
be met.
(C) The offset requirements
under 326 IAC 2-3 will not be satisfied.
(D) For any other reason such as, but not
limited to, interference with attainment and maintenance of the standards under
326 IAC 12.