15A NCAC 02Q .0521. PUBLIC PARTICIPATION

(a)  The Director shall give public notice with an opportunity for comments and a hearing on all draft permits and permit revisions except permit revisions issued under Rules .0514, .0515, .0524 of this Section.  The Director shall give public notice with an opportunity for comments and a hearing on draft permit revisions issued under Rule .0514, .0515, .0524 of this Section if the Director finds it is in the best interest of the public.

(b)  The notice of any draft permit for an existing facility for which a public hearing is scheduled, or new facility, shall be given by publication in a newspaper of general circulation in the area where the facility is located, posted on the North Carolina Division of Air Quality web site at http://www.ncair.org/permits/,and emailed to persons who are on the Division's emailing list for air quality permits.

(c)  The notice for existing facilities for which a public hearing is not scheduled shall be given by posting the draft permit on the North Carolina Division of Air Quality web site, and shall be emailed to persons who are on the Division's emailing list for air quality permit notices. 

(d)  The 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 from whom interested persons may obtain additional information, including copies of the permit draft, 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 comment procedures;

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

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

(e)  The Director shall send a copy of the notice to affected States and EPA.

(f)  The notice shall allow 30 days for public comments.

(g)  If the Director finds that a public hearing is in the best interest of the public, 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 hearing.

(h)  If EPA requests a record of the comments and of the issues raised during the public participation process, the Director shall provide EPA this record.

(i)  Persons who desire to be placed on the Division's email notification list for air quality permit notices shall subscribe to the permits email list serve at http://www.ncair.org/permits/. 

 

History Note:        Authority G.S. 143‑215.3(a)(1),(3); 143‑215.107(a)(10); 143‑215.108; 143‑215.111(4);

Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. July 1, 1994;

Amended Eff. January 1, 2010; July 1, 1998.