Current through Register Vol. 54, No. 44, November 2, 2024
(a) The Department gives public notice of the
following actions:
(1) An application for a
permit or a Class 2 or Class 3 permit modification is tentatively denied under
§§ 270a.29 and 270a.41 and
40 CFR
270.29 and
270.41.
(2) A draft permit is prepared under §
270a.10(c)
(relating to general application requirements).
(3) A hearing is scheduled under §
270a.81(b)
(relating to public hearings).
(4)
A closure/postclosure plan is received in accordance with the incorporated
requirements of 40 CFR
264.112,
265.112,
264.118 or
265.118.
(b) A public notice of the preparation of a
draft permit, including a notice of intent to deny a permit application,
required under subsection (a) provides for at least 45 days for public
comment.
(c) The Department gives
public notice of a public hearing at least 30 days before the hearing. Public
notice of the hearing may be given at the same time as public notice of the
draft permit, and the two notices may be combined.
(d) The Department gives public notice of
activities described in subsection (a) by the following methods:
(1) By mailing a copy of a notice to the
following, persons otherwise entitled to receive notice under this paragraph
may waive the right to receive notice for classes and categories of permits:
(i) The applicant.
(ii) An agency which the Department knows has
issued or is required to issue a RCRA, underground injection control,
prevention of significant deterioration (or other permit under the Clean Air
Act), NPDES, 404, sludge management permit or ocean dumping permit under the
Marine Protection, Research and Sanctuaries Act of 1972 (Pub. L. No. 92-532, 86
Stat. 052) for the same facility or activity, including the EPA.
(iii) An appropriate Federal or State agency
with jurisdiction over fish, shellfish and wildlife resources or coastal zone
management plans, State historic preservation officers, advisory council on
historic preservation and other appropriate government authorities, including
affected states.
(iv) A person on a
mailing list developed by the Department, that includes a person who submits to
the Department a request in writing to be on the list, a person solicited for
area lists from participants in past permit proceedings in that area, and a
member of the public notified of the opportunity to be put on the mailing list
through periodic publication in the public press and in regional and
State-funded newsletters, environmental bulletins or State law journals. The
Department may update the mailing list from time to time by requesting written
indication of continued interest from those listed. The Department may delete
from the list the name of a person who fails to respond to the
request.
(v) Units of local
government having jurisdiction over the area where the facility is
located.
(vi) State agencies having
authority under State statute with respect to the construction or operation of
the facility.
(2)
Publication of a notice in the Pennsylvania Bulletin and in a
daily or weekly major local newspaper of general circulation and broadcast over
local radio stations.
(3) In a
manner constituting legal notice to the public under State statute.
(4) By other methods reasonably calculated to
give actual notice of the action in question to a person potentially affected
by it, including press releases or another forum or medium to elicit public
participation.
(e) A
public notice issued under this section shall contain the following minimum
information:
(1) The name and address of the
office processing the permit action for which notice is being given.
(2) The name and address of the permittee or
permit applicant and, if different, of the facility or activity regulated by
the permit.
(3) A brief description
of the business conducted at the facility or activity described in the permit
application or the draft permit.
(4) The name, address and telephone number of
a person from whom an interested person may obtain further information,
including copies of the draft permit, the statement of basis or fact sheet, and
the application.
(5) A brief
description of the comment procedures required by §
270a.81, the time and place of a
hearing that will be held, including a statement of procedures to request a
hearing, unless a hearing has already been scheduled, and other procedures by
which the public may participate in the final permit decision.
(6) Additional information which the
Department considers necessary or proper.
(f) In addition to the general public notice
described in subsection (e), the public notice of a hearing under §
270a.81(b) shall
contain the following information:
(1) A
reference to the date of previous public notices relating to the
permit.
(2) The date, time and
place of the hearing.
(3) A brief
description of the nature and purpose of the hearing, including the applicable
procedures.
(g) In
addition to the general public notice described in subsection (e), a person
identified in subsection (d)(1)(i) and (ii) will be mailed a copy of the fact
sheet or statement of basis, the draft permit and, if applicable, the permit
application.
This section cited in 25 Pa. Code §
270a.10 (relating to general
application requirements and permit issuance procedures); 25 Pa. Code §
270a.42 (relating to permit
modification at the request of the permittee); 25 Pa. Code §
270a.62 (relating to hazardous
waste incinerator permits); 25 Pa. Code §
270a.66 (relating to permits for
boilers and industrial furnaces burning hazardous waste); and 25 Pa. Code
§
270a.81 (relating to public
hearings).
