Current through Register Vol. 39, No. 6, September 16, 2024
(a) The
requirements of this Rule for public notice and public hearing shall apply to
Consent Orders. The Commission may specify other conditions for Special Orders
issued without consent if the conditions are needed to achieve or demonstrate
compliance with a requirement under this Subchapter or
15A NCAC
02Q.
(b) Notice of proposed Consent Order:
(1) The Director shall give notice pursuant
to G.S.
143-215.110(a1).
(2) The Director shall give notice of a
proposed Consent Order 30 days prior to final action regarding the Consent
Order.
(3) The notice shall be
posted on the North Carolina Division of Air Quality web site at
http://deq.nc.gov/about/divisions/air-quality/air-quality-enforcement/special-orders-by-consent
and provided to those persons specified in
G.S.
143-215.110(a1)(1) for air
quality special orders.
(4) The
notice shall include the following:
(A) name,
address, and telephone number of the Division;
(B) name and address of the person to whom
the proposed order is directed;
(C)
a brief summary of the conditions of the proposed order, including the period
of time during which action must be taken to achieve compliance and the major
permit conditions or emission standards that the source will be allowed to
exceed during the pendency of the order;
(D) a brief description of the procedures to
be followed by the Commission or Director in reaching a final decision on the
proposed order, which shall include descriptions of the process for submitting
comments and requesting a public hearing. The description shall specify that
comments and requests for a public hearing are to be received by the Division
within 30 days following the date of public notice; and
(E) a description of the information
available for public review, where it can be found, and procedures for
obtaining copies of pertinent documents.
(c) Notice of public hearing for proposed
Consent Order:
(1) The Director shall consider
requests for a public hearing, and if significant public interest for a public
hearing exists, then he or she shall hold a public hearing.
(2) The Director shall give notice of the
public hearing not less than 30 days before the hearing.
(3) The notice shall be posted on the North
Carolina Division of Air Quality web site at
http://deq.nc.gov/about/divisions/air-quality/air-quality-enforcement/special-orders-by-consent
and provided to those persons specified in
G.S.
143-215.110(a1)(2) for air
quality special orders.
(4) The
notice shall include the information specified in Subparagraph (b)(4) of this
Rule. It shall also state the time and location for the hearing and the
procedures for providing comment.
(5) The Chairman of the Commission or the
Director shall appoint one or more hearing officers to preside over the public
hearing and to receive written and oral comments. The hearing officer shall
provide the Commission a written report of the hearing, which shall include:
(A) a copy of the public notice;
(B) a copy of the written comments and
supporting documentation received;
(C) a summary of the oral comments
received;
(D) recommendations of
the hearing officer to the Commission; and
(E) a proposed Consent Order for the
Commission's consideration.
(d) A person may request to receive copies of
notices required by this Rule, and the Director shall provide copies of notices
to those who have submitted a request.
(e) A Consent Order may be modified by the
Director to incorporate minor modifications, including modification of standard
conditions to reflect updated versions of federal or state regulations,
correction of typographical errors, or interim date extensions, without public
notice provided that the modifications do not extend the final compliance date
by more than four months.
Authority
G.S.
143-215.2;
143-215.3(a)(1);
143-215.3(a)(3);
143-215.3(a)(4);
143-215.110;
Eff.
April 1, 2004;
Readopted Eff. February 1,
2018.
