Current through Register Vol. 24-06, March 15, 2024
The purpose of this section is to specify the requirements for
notifying the public about air quality actions and to provide opportunities for
the public to participate in those actions. This section applies statewide
except that the requirements of WAC 173-400-171(1) through (11) do not apply
where the permitting authority has adopted its own public notice
provisions.
(1)
Applicability to
prevention of significant deterioration, and relocation of portable
sources.
This section does not apply to:
(a) A notice of construction application
designated for integrated review with actions regulated by WAC
173-400-700
through
173-400-750.
In such cases, compliance with the public notification requirements of WAC
173-400-740
is required.
(b) Portable source
relocation notices as regulated by WAC
173-400-036,
relocation of portable sources.
(2)
Internet notice of
application.
(a) For those applications
and actions not subject to a mandatory public comment period per subsection (3)
of this section, the permitting authority must post an announcement of the
receipt of notice of construction applications and other proposed actions on
the permitting authority's internet web site.
(b) The internet posting must remain on the
permitting authority's web site for a minimum of fifteen consecutive
days.
(c) The internet posting must
include a notice of the receipt of the application, the type of proposed
action, and a statement that the public may request a public comment period on
the proposed action.
(d) Requests
for a public comment period must be submitted to the permitting authority in
writing via letter, or electronic means during the fifteen-day internet posting
period.
(e) A public comment period
must be provided for any application or proposed action that receives such a
request. Any application or proposed action for which a public comment period
is not requested may be processed without further public involvement at the end
of the fifteen-day internet posting period.
(3)
Actions subject to a mandatory
public comment period. The permitting authority must provide public
notice and a public comment period before approving or denying any of the
following types of applications or other actions:
(a) Any application, order, or proposed
action for which a public comment period is requested in compliance with
subsection (2) of this section.
(b)
Any notice of construction application for a new or modified source, including
the initial application for operation of a portable source, if there is an
increase in emissions of any air pollutant at a rate above the emission
threshold rate (defined in WAC
173-400-030 ) or any
increase in emissions of a toxic air pollutant above the acceptable source
impact level for that toxic air pollutant as regulated under chapter 173-460
WAC; or
(c) Any use of a modified
or substituted air quality model, other than a guideline model in Appendix W of
40 C.F.R. Part 51 (in effect on the date in WAC
173-400-025
) as part of review under WAC
173-400-110,
173-400-113,
or
173-400-117;
or
(d) Any order to determine
reasonably available control technology, RACT; or
(e) An order to establish a compliance
schedule issued under WAC
173-400-161,
or a variance issued under WAC
173-400-180; or
Note: |
Mandatory notice is not required for compliance orders
issued under WAC
173-400-230. |
(f) An
order to demonstrate the creditable height of a stack which exceeds the good
engineering practice, GEP, formula height and sixty-five meters, by means of a
fluid model or a field study, for the purposes of establishing an emission
limit; or
(g) An order to authorize
a bubble; or
(h) An action to
discount the value of an emission reduction credit, ERC, issued to a source per
WAC
173-400-136;
or
(i) A regulatory order to
establish best available retrofit technology, BART, for an existing stationary
facility; or
(j) A notice of
construction application or regulatory order used to establish a creditable
emission reduction; or
(k) An order
issued under WAC
173-400-091
that establishes limitations on a source's potential to emit; or
(l) The original issuance and the issuance of
all revisions to a general order of approval issued under WAC
173-400-560
(this does not include coverage orders); or
(m) An extension of the deadline to begin
actual construction of a "major stationary source" or "major modification" in a
nonattainment area; or
(n) An
application or other action for which the permitting authority determines that
there is significant public interest; or
(o) An order issued under WAC
173-400-081(4)
or 173-400-082 that establishes an emission limitation that exceeds a standard
in the SIP.
(4)
Advertising the mandatory public comment period.
(a) Public notice of all applications,
orders, or actions listed in subsection (3) of this section must be posted on
the permitting authority web site for the duration of the public comment
period.
(i) The permitting authority may
supplement this method of notification by advertising in a newspaper of general
circulation in the area of the proposed action or by other methods appropriate
to notify the local community. The applicant or other initiator of the action
must pay the publishing cost for all supplemental noticing.
(ii) A permitting authority must publish a
notice of the public comment period in a newspaper of general circulation in
the area of the proposed action until June 30, 2019. We recommend that a
permitting authority continue publishing a notice in a newspaper for a project
with high interest. The applicant or other initiator of the action must pay
this publishing cost.
(b) This public notice can be posted or given
only after all of the information required by the permitting authority has been
submitted and after the applicable preliminary determinations, if any, have
been made.
(c) The notice must be
posted or given before any of the applications or other actions listed in
subsection (3) of this section are approved or denied.
(5)
Information available for public
review.
(a) Administrative record. The
information submitted by the applicant, and any applicable preliminary
determinations, including analyses of the effects on air quality, must be
available for public inspection. A permitting authority may comply with this
requirement by making these materials available on its web site or in at least
one physical location near the proposed project.
(b) The permitting authority must post the
following information on its web site for the duration of the public comment
period:
(i) Public notice complying with
subsection (6) of this section;
(ii) Draft permit, order, or action;
and
(iii) Information on how to
access the administrative record.
(c) Exemptions from this requirement include
information protected from disclosure under any applicable law including, but
not limited to,
RCW
70.94.205 and chapter 173-03 WAC.
(6)
Public notice
components.
(a) The notice must
include:
(i) The date the notice is
posted;
(ii) The name and address
of the owner or operator and the facility;
(iii) A brief description of the proposal and
the type of facility, including a description of the facility's processes
subject to the permit;
(iv) A
description of the air contaminant emissions including the type of pollutants
and quantity of emissions that would increase under the proposal;
(v) The location where those documents made
available for public inspection may be reviewed;
(vi) Start date and end date for a public
comment period consistent with subsection (7) of this section;
(vii) A statement that a public hearing will
be held if the permitting authority determines that there is significant public
interest;
(viii) The name, address,
and telephone number and email address of a person at the permitting authority
from whom interested persons may obtain additional information, including
copies of the permit draft, the application, all relevant supporting materials,
including any compliance plan, permit, and monitoring and compliance
certification report, and all other materials available to the permitting
authority that are relevant to the permit decision, unless the information is
exempt from disclosure;
(b) For projects subject to special
protection requirements for federal Class I areas, as required by WAC
173-400-117,
public notice must include an explanation of the permitting authority's draft
decision or state that an explanation of the draft decision appears in the
support document for the proposed order of approval.
(7)
Length of the public comment
period.
(a) The public comment period
must consist of a minimum of thirty days and start at least thirty days prior
to any hearing. The first day of the public comment period begins on the next
calendar day after the permitting authority posts the public notice on their
web site.
(b) If a public hearing
is held, the public comment period must extend through the hearing
date.
(c) The final decision cannot
be issued until the public comment period has ended and any comments received
during the public comment period have been considered.
(8)
Requesting a public hearing.
The applicant, any interested governmental entity, any group, or any person may
request a public hearing within the public comment period. All hearing requests
must be submitted to the permitting authority in writing via letter, or
electronic means. A request must indicate the interest of the entity filing it
and why a hearing is warranted.
(9)
Setting the hearing date and providing hearing notice. If the
permitting authority determines that significant public interest exists, then
it will hold a public hearing. The permitting authority will determine the
location, date, and time of the public hearing.
(10)
Notice of public hearing.
(a) At least thirty days prior to the hearing
the permitting authority must provide notice of the hearing as follows:
(i) Post the public hearing notice on the
permitting authority web site as directed by subsection (4) and (7) of this
section;
(ii) The permitting
authority may supplement the web posting by advertising in a newspaper of
general circulation in the area of the proposed source or action, or by other
methods appropriate to notify the local community; and
(iii) Distribute by electronic means or via
the United States postal service the notice of public hearing to any person who
submitted written comments on the application or requested a public hearing and
in the case of a permit action, to the applicant.
(b) This notice must include the date, time
and location of the public hearing and the information described in subsection
(6) of this section.
(c) In the
case of a permit action, the applicant must pay all supplemental notice costs
when the permitting authority determines a supplemental notice is appropriate.
Supplemental notice may include, but is not limited to, publication in a
newspaper of general circulation in the area of the proposed project.
(11)
Notifying the
EPA. The permitting authority must distribute by electronic means or via
the United States postal service a copy of the notice for all actions subject
to a mandatory public comment period to the EPA Region 10 regional
administrator.
(12)
Special
requirements for ecology only actions.
(a) This subsection applies to ecology only
actions including:
(i) A Washington state
recommendation to EPA for the designation of an area as attainment,
nonattainment or unclassifiable after EPA promulgation of a new or revised
ambient air quality standard or for the redesignation of an unclassifiable or
attainment area to nonattainment;
(ii) A Washington state submittal of a SIP
revision to EPA for approval including plans for attainment and maintenance of
ambient air quality standards, plans for visibility protection, requests for
revision to the boundaries of attainment and maintenance areas, requests for
redesignation of Class I, II, or III areas under WAC
173-400-118,
and rules to strengthen the SIP.
(b) Ecology must provide a public hearing or
an opportunity for requesting a public hearing on an ecology only action. The
notice providing the opportunity for a public hearing must specify the manner
and date by which a person may request the public hearing and either provide
the date, time and place of the proposed hearing or specify that ecology will
publish a notice specifying the date, time and place of the hearing at least
thirty days prior to the hearing. When ecology provides the opportunity for
requesting a public hearing, the hearing must be held if requested by any
person. Ecology may cancel the hearing if no request is received.
(c) The public notice for ecology only
actions must comply with the requirements of
40 C.F.R. 51.102
(in effect on the date in WAC
173-400-025
).
(13)
Other
requirements of law. Whenever procedures permitted or mandated by law
will accomplish the objectives of public notice and opportunity for comment,
those procedures may be used in lieu of the provisions of this
section.
Statutory Authority:
Chapter
70.94 RCW. 12-24-027
(Order 11-10), § 173-400-171, filed 11/28/12, effective 12/29/12;
11-06-060 (Order 09-01), § 173-400-171, filed 3/1/11, effective 4/1/11.
Statutory Authority:
RCW
70.94.395 and
70.94.331. 07-11-039 (Order
06-03), § 173-400-171, filed 5/8/07, effective 6/8/07. Statutory
Authority:
RCW
70.94.152. 05-03-033 (Order 03-07), §
173-400-171, filed 1/10/05, effective 2/10/05. Statutory Authority:
Chapter
70.94 RCW,
RCW
70.94.141, [70.94.]152,
[70.94.]331,[70.94.]510 and 43.21A.080. 01-17-062 (Order 99-06), §
173-400-171, filed 8/15/01, effective 9/15/01. Statutory Authority:
Chapter
70.94 RCW. 95-07-126
(Order 93-40), § 173-400-171, filed 3/22/95, effective 4/22/95; 93-18-007
(Order 93-03), § 173-400-171, filed 8/20/93, effective 9/20/93; 91-05-064
(Order 90-06), § 173-400-171, filed 2/19/91, effective
3/22/91.