24.0539 Public Participation.

Cite as [A.S.A.C. § 24.0539]

(a) If the air pollution emission source is a federal oversight source, the executive secretary shall provide for public notice, including the method by which a public hearing can be requested, and an opportunity for public comment on draft permits for all permits except administrative permit amendments and permit amendments reflecting minor modifications. Any person requesting a public hearing shall do so during the public comment period. Any request from a person for a public hearing shall indicate the interest of the person filing the request and the reasons why a public hearing is warranted. The executive secretary shall have discretion whether to grant a public hearing.

(b) For all other air pollution emission sources, the executive secretary, at his sole discretion when considering an application for any stationary air pollution source permit, except administrative permit amendments, may provide for public notice, including the method by which a public hearing can be requested, and an opportunity for public comment if the executive secretary believes that public comment would aid in the Commission’s decision. If a public comment period is provided, any person requesting a public hearing shall do so during the public comment period. Any request from a person for a public hearing shall indicate the interest of the person filing the request and the reasons why a public hearing is warranted.

(c) Procedures for public notice, public comment periods, and public hearings shall be as follows:

(1) The executive secretary shall make available for public inspection in at least one location:

(A) Information on the subject matter;

(B) Information submitted by the applicant, except for confidential information pursuant to section 24.0505;

(C) The Commission’s analysis and proposed action; and

(D) Other information and documents determined to be appropriate by the executive secretary;

(2) Notification of a public hearing shall be given at least thirty days in advance of the hearing date;

(3) A public comment period shall be no less than thirty days following the date of public notice, during which time interested persons may submit to the executive secretary written comments on:

(A) The subject matter;

(B) The application;

(C) Commission’s analysis;

(D) The proposed actions; and

(E) Other considerations as determined to be appropriate by the executive secretary;

(4) Notification of a public comment period or a public hearing shall be made:

(A) by publication in a newspaper of general circulation which is printed and issued at least twice weekly;

(B) to persons on a mailing list developed by the executive secretary, including those who request in writing to be on the list; and

(C) If necessary by other means to assure adequate notice to the affected public;

(5) Notice of public comment and public hearing shall identify:

(A) The affected facility;

(B) The name and address of the permittee;

(C) The name and address of the agency of the permitting authority processing the permit;

(D) The activities involved in the permit action;

(E) The emissions change involved in any permit modification;

(F) The name, address, and telephone number of a person from whom interested persons may obtain additional information, including copies of the draft permit, the application, all relevant supporting materials including any compliance plan, and monitoring and compliance certification reports, and all other material available the Commission which are relevant to the permit decision, except for information which is determined to be confidential;

(G) A brief description of the comment procedures;

(H) The time and place of any hearing that may be held, including a statement of procedures to request a hearing if one has not already been scheduled; and

(I) The availability of the information listed in paragraph (1), and the location and times the information will be available for inspection;

(6) The executive secretary shall maintain a record of persons who make comments and the issues raised during the public participation process and shall provide this information to USEPA upon request and to other persons in accordance with 24.0505(c)(4).

History: 2005