Current through Register Vol. 43, No. 39, September 26, 2024
(a) Except for
administrative permit amendments or modifications qualifying for minor permit
modification procedures, all permit proceedings, including initial permit
issuance, significant modifications, and renewals, shall provide adequate
procedures for public notice including offering an opportunity for public
comment and an opportunity for a public hearing on the proposed permit. In
addition to procedures specified at K.A.R. 28-19-204, the procedures shall
include the following requirements.
(1)
Notice shall be given to persons on a mailing list developed by the department,
including those who request in writing to be on the list and by other means if
necessary to assure adequate notice to the affected public.
(2) The notice shall identify the emissions
change involved in any permit modification.
(3) The notice shall state that prior to the
issuance of the permit, permit modification, or permit renewal, the USEPA has
the right to object to issuance of the permit. The notice shall further state
that if the USEPA fails to object to issuance of the permit within 45 days of
receipt of the permit which the department proposes to issue, a person may
petition the administrator of the USEPA to review the permit by filing a
petition with the administrator of the USEPA within 60 days of the expiration
of the USEPA's 45 day review period.
(4) Notice and opportunity for participation
by affected states shall be provided pursuant to subsection (b) of this
regulation.
(5) A record of the
commenters and of the issues raised during the public participation process
shall be made so that the USEPA may fulfill its obligation under section
505(b)(2) of the federal clean air act to determine whether a citizen petition
may be granted, and such records shall be available to the public.
(b)
(1) Notice of each proposed permit, permit
renewal, or permit modification shall be provided to any affected state on or
before the time that notice is provided to the public under subsection (a) of
this regulation, except to the extent minor permit modification procedures or
group processing of minor permit modification procedures require the timing of
the notice to be different.
(2) As
part of the submittal of the proposed permit to the USEPA, or as soon as
possible after the submittal for minor permit modification procedures allowed
under K.A.R. 28-19-513(c), the USEPA and any affected state shall be notified
by the department in writing of any refusal to accept all recommendations for
the proposed permit that the affected state submitted during the public or
affected state review period.
(A) The notice
shall include the reasons for not accepting any such recommendation.
(B) The department shall not be required to
accept recommendations that are not based on applicable requirements, the
requirements of 40 CFR part 70, or the requirements of the Kansas air quality
regulations.
(c) Unless waived by the USEPA, the USEPA
shall be provided a copy of each permit application including any application
for permit modification, each proposed permit, and each final class I operating
permit. The applicant may be required by the department to submit a copy of the
permit application, including the compliance plan, directly to the USEPA.
(d) Any person may request a copy
of the statement developed by the department and submitted to the USEPA that
sets forth the legal and factual basis for the proposed permit conditions,
including references to the applicable statutory or regulatory provisions.
(e) Copies of the proposed permit,
the application, all relevant supporting materials, including any compliance
plan and compliance certification, and all other materials available to the
department that are relevant to the permit decision shall, upon request, be
furnished without charge to the USEPA and any affected state. Any other person
requesting copies of such documentation shall pay a fee equal to that regularly
charged by the department for copying of documents.
