Current through Register Vol. 54, No. 44, November 2, 2024
40
CFR 124.207 (relating to what are the
requirements for public notices?) is not incorporated by reference.
(1) The Department will provide public notice
of a draft standardized permit decision and an opportunity for the public to
submit comments and request a hearing on the decision. The Department will
provide the public notice to:
(i) The
applicant.
(ii) Another agency that
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, the act of October 23, 1972 (Pub. L. No. 92-532, 86 Stat. 52) for the
same facility or activity, including the EPA.
(iii) Federal or State agencies with
jurisdiction over fish, shellfish and wildlife resources or coastal zone
management plans, the Advisory Council on Historic Preservation, State historic
preservation officers, and other appropriate government authorities, including
any affected states.
(iv) Each
person on a mailing list developed by the Department, which includes a person
who submits to the Department a request in writing to be included 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 periodically 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 or
proposed to be located.
(vi) State
agencies having authority under State statute with respect to the construction
or operation of the facility.
(2) The Department will issue the public
notice according to the following methods:
(i) 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.
(ii) Other methods
reasonably calculated to give actual notice of the action in question to a
person potentially affected by it, including press releases or any other forum
or medium to elicit public participation.
(3) The Department will include the following
information in the public notice:
(i) The
name and telephone number of the contact person at the facility.
(ii) The name and telephone number of the
Department office, and a mailing address to which people may direct comments,
information, opinions or inquiries.
(iii) An address to which people may write to
be put on the facility mailing list.
(iv) The location where people may view and
make copies of the draft standardized permit and the Notice of Intent and
supporting documents.
(v) A brief
description of the facility and proposed operations, including the address or a
map of the facility location on the front page of the notice.
(vi) The date that the facility owner or
operator submitted the Notice of Intent and supporting documents.
(4) At the same time the public
notice under this section is issued, the Department will place the draft
standardized permit (including both the uniform portion and the supplemental
portion, if any), the Notice of Intent and supporting documents, and the
statement of basis or fact sheet in a location accessible to the public in the
vicinity of the facility or at a Department office in the vicinity of the
facility.
This section cited in 25 Pa. Code §
270a.208 (relating to
opportunities for public comments and hearings on draft standardized permit
decisions); and 25 Pa. Code §
270a.212 (relating to making
routine changes).
