15A NCAC 02Q .0307. PUBLIC PARTICIPATION PROCEDURES

(a)  This Rule does not apply to sources subject to the requirements of 15A NCAC 2D .0530 or .0531 or Appendix S or 40 CFR Part 51.  For sources subject to the requirements of 15A NCAC 2D .0530 or .0531 or Appendix S of 40 CFR Part 51, the procedures in 15A NCAC 2D .0530 or .0531 or Appendix S of 40 CFR Part 51 shall be followed, respectively.

(b)  The public notice shall be given by publication in a newspaper of general circulation in the area where the facility is located and shall be mailed to persons who are on the Division's mailing list for air quality permit notices and to EPA.

(c)  The public notice shall identify:

(1)           the affected facility;

(2)           the name and address of the permittee;

(3)           the name and address of the person to whom to send comments and requests for public hearing;

(4)           the name, address, and telephone number of Divisional staff a person from whom interested persons may obtain additional information, including copies of the draft permit, the application, compliance plan, monitoring and compliance reports, all other relevant supporting materials, and all other materials available to Division that are relevant to the permit decision;

(5)           the activity or activities involved in the permit action;

(6)           any emissions change involved in any permit modification;

(7)           a brief description of the public comment procedures;

(8)           the procedures to follow to request a public hearing unless a public hearing has already been scheduled; and

(9)           the time and place of any hearing that has already been scheduled.

(d)  The notice shall allow at least 30 days for public and EPA comments.

(e)  If the Director determines that significant public interest exists or that the public interest will be served, the Director shall require a public hearing to be held on a draft permit.  Notice of a public hearing shall be given at least 30 days before the public hearing.

(f)  The Director shall make available for public inspection in at least one location in the region affected, the information submitted by the permit applicant and the Division's analysis of that application.

(g)  The Director shall send EPA a copy of each draft permit subject to public and EPA comment when he sends EPA the notice of request for public comment for that permit and shall send EPA a copy of each such permit when it is issued.

(h)  Persons who desire to be placed on the Division's mailing list for air quality permit notices shall send their request to the Director, Division of Air Quality, P.O. Box 29580, Raleigh, North Carolina 27626-0580 and shall pay an annual fee of thirty dollars ($30.00).

(i)  Any persons requesting copies of material identified in Subparagraph (b)(4) of this Rule shall pay ten cents ($0.10) a page for each page copied.  Confidential material shall be handled in accordance with Rule .0107 of this Subchapter.

 

History Note:        Filed as a Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent

rule becomes effective, whichever is sooner;

Authority G.S. 143‑215.3(a)(1),(3); 143‑215.4(b); 143‑215.108;

Eff. July 1, 1994;

Amended Eff. July 1, 1998.