6 Colo. Code Regs. § 1007-3-100.5.506

Current through Register Vol. 47, No. 11, June 10, 2024

Section 6 CCR 1007-3-100.5.506 - PUBLIC NOTICE OF PERMIT ACTIONS AND PUBLIC COMMENT PERIOD

(a)Scope.

(1) The Director shall give public notice that the following actions have occurred:

(i) A permit application has been tentatively denied under § 100.502;

(ii) A draft permit has been prepared under § 100.502, and if applicable,

(iii) A hearing has been scheduled under § 100.508.

(iv) A permit application for a hazardous waste incineration, boiler, or industrial furnace facility has been submitted.

(A) The Director shall provide public notice that a Part A and Part B permit application for an incineration, boiler, or industrial furnace facility has been submitted to the Department, and is available for review. The requirements of this section apply to permit renewals under § 100.11(e) as well as to original applications.

(B) The notice shall be published within 10 working days after the application is received by the Director. The notice must include:

(1) The name and telephone number of the applicant's contact person;

(2) The name and telephone number of the Department's contact office, and a mailing address to which comments and inquiries may be directed throughout the permit review process;

(3) An address to which people can write in order to be put on the facility mailing list;

(4) Location(s) where copies of the permit application and any supporting documents can be viewed and copied;

(5) A brief description of the facility and proposed operations, including the address or a map (i.e., a sketched or copied street map) of the facility location on the front page of the notice; and

(6) The date the application was submitted.

(C) Concurrent with the notice required under this subpart, the Director must place the permit application and any supporting documents in a location accessible to the public in the vicinity of the permitted facility or at the Department. For facilities establishing an information repository pursuant to § 100.41(b)(5)(xiii) of these regulations, the applicant shall place a copy of the permit application or modification request, and any supporting documents in the information repository.

(D) The requirements of this section do not apply to permit modifications under § 100.63 of these regulations, and/or applications that are submitted for the sole purpose of conducting post-closure activities at a facility.

(v) A comment period on permit application for a hazardous waste incineration facility will be opened.

(A) The Director shall provide public notice of a comment period on the Part A and Part B permit application for a hazardous waste incineration, boiler, or industrial furnace facility prior to issuance of a Notice of Completeness under § 100.500. The comment period will be intended to address the trial burn plan and Phase I Pre-trial burn Multi-Pathway risk assessment in the application. The comment period will be open for at least 30 days, and notification to the public will be given at least 14 days prior to the beginning of the comment period. The opening and closing dates of the comment period will be specified in the notice.

(B) The Director shall prepare a responsiveness summary addressing the comments received on the application, and mail this summary to all parties who provided written comments on the application.

(C) Nothing in this section shall prevent interested parties from submitting information to the Director prior to the comment periods held under this section. However, in order to ensure that comments are included in the responsiveness summary, the comments must be submitted in writing during the announced public comment period.

(vi) A schedule has been established for the trial burn for a hazardous waste incineration, boiler, or industrial furnace facility.

The Director must send a notice to all persons on the facility mailing list as specified in § 100.506(c) and to the appropriate units of State and local government as specified in § 100.506(c) announcing the scheduled commencement and completion dates for the trial burn. The applicant may not commence the trial burn until after the Director has issued such notice.

(A) This notice must be mailed within a reasonable time period before the scheduled trial burn. An additional notice is not required if the trial burn is delayed due to circumstances beyond the control of the facility or the Department.

(B) This notice must contain:

(1) The name and telephone number of applicant's contact person;

(2) The name and telephone number of the Department's contact office;

(3) Location where the approved trial burn plan and any supporting documents can be reviewed and copied; and

(4) An expected time period for commencement and completion of the trial burn.

(vii) A permit application for a hazardous waste facility, other than a hazardous waste incineration, boiler, or industrial furnace facility as addressed in paragraph (a)(l)(iv) of this section, has been submitted.

(A) The Director shall provide public notice as set forth in § 100.506(c)(1)(iv), and notice to appropriate units of State and local government as set forth in § 100.506(c)(1)(v), that a part B permit application has been submitted to the Department and is available for review. The requirements of paragraph (a)(1)(vii) of this section apply to all RCRA part B applications seeking initial permits for hazardous waste management units (other than hazardous waste incinerators, boilers, or industrial furnaces) and to RCRA part B applications seeking renewal of permits for such units under § 100.11(e).

(B) The notice shall be published within a reasonable period of time after the application is received by the Director. The notice must include:

(1) The name and telephone number of the applicant's contact person;

(2) The name and telephone number of the Department's contact office, and a mailing address to which information, opinions, and inquiries may be directed throughout the permit review process;

(3) An address to which people can write in order to be put on the facility mailing list;

(4) The location where copies of the permit application and any supporting documents can be viewed and copied;

(5) A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location on the front page of the notice; and

(6) The date that the application was submitted.

(C) Concurrent with the notice required under paragraph (a)(1)(vii) of this section, the Director must place the permit application and any supporting documents in a location accessible to the public b the vicinity of the facility or at the Department.

(D) The requirements of paragraph (a)(1)(vii) of this section do not apply to permit modifications under § 100.63 of these regulations or permit applications submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.

(2) No public notice is required when a request for permit modification, revocation and reissuance, or termination is denied under § 100.511. Written notice of that denial shall be given to the requester and to the permittee.

(3) Public notices may describe more than one permit or permit action.

(b)Timing.

(1) Public notice of the preparation of a draft permit, including a notice of intent to deny a permit application required under paragraph (a) of this section, shall allow at least 45 days for public comment.

(2) Public notice of a public hearing shall be given at least 30 days before the hearing.

(Public notice of the hearing may be given at the same time as public notice of the draft permit and the two notices may be combined.

(c)Methods. Public notice of activities described in paragraph (a)(1) of this section shall be given by the following methods:

(1) By mailing a copy of a notice to the following persons (any person otherwise entitled to receive notice under this paragraph may waive his or her rights to receive notice for any classes and categories of permits):

(i) The applicant;

(ii) Any other agency which the Director knows has issued or is required to issue a UIC, PSD, NPDES or 404 permit for the same facility or activity (including EPA when the draft permit is prepared by the state).

(iii) Federal and State agencies with jurisdiction over fish and wildlife resources, the Advisory Council on Historic Preservation, State Historic Preservation Officers and other appropriate government authorities, including any affected States;

(iv) Persons on a mailing list developed by:

(A) Including those who request in writing to be on the list;

(B) Soliciting persons for "area lists" from participants in past permit proceedings in that area; and

(C) Notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press, publication on the Department's and the Division's website, and in such publications as Regional and State funded newsletters, environmental bulletins, or State law journals. (The Director may update the mailing list from time to time by requesting written indication of continued interest from those listed. The Director may delete from the list the name of any person who fails to respond to such a request.)

(v)

(A) Local government having jurisdiction over the area where the facility is proposed to be located; and

(B) State agency having any authority under State law with respect to the construction or operation of such facility.

(2) Publication of a notice on the Department's and the Division's website.

(3) Publication on the Department's and Division's Facebook page.

(4) Publication of a notice in a daily or weekly major local newspaper of general circulation and broadcast over local radio stations.

(5) Any other method deemed reasonable and necessary to give actual notice of the action in question to the persons potentially affected by it, which may include press releases or any other forum or medium to elicit public participation.

(d)Contents.

(1)All public notices. All public notices issued under this part shall contain the following minimum information:

(i) Name and address of the Department;

(ii) Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit;

(iii) A brief description of the business conducted at the facility or activity described in the permit application or the draft permit;

(iv) Name, address and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit or draft general permit, as the case may be, statement of basis or fact sheet, and the application; and

(v) A brief description of the comment procedures required by § 100.507 and § 100.508 and the time and place of any hearing that will be held, including a statement of procedures to request a hearing (unless a hearing has already been scheduled) and other procedures by which the public may participate in the final permit decision.

(vi) The following statement in prominent type: FAILURE TO RAISE AN ISSUE OR PROVIDE INFORMATION DURING THE PUBLIC COMMENT PERIOD MAY PREVENT YOU FROM RAISING THAT ISSUE OR SUBMITTING SUCH INFORMATION IN AN APPEAL OF THE DEPARTMENT'S FINAL DECISION.

(vii) Any additional information considered necessary or proper.

(2)Public notices for hearings. In addition to the general public notice described in paragraph (d)(1) of this section, the public notice of a hearing under § 100.508 shall contain the following information:

(i) Reference to the date of previous public notices relating to the permit;

(ii) Date, time, and place of the hearing;

(iii) A brief description of the nature and purpose of the hearing, including the applicable rules and procedures.

(e) In addition to the general public notice described in paragraph (d)(1) of this section, all persons identified in paragraphs (c)(1)(i), (ii) and (iii) of this section shall be mailed a copy of the fact sheet or statement of basis (if any), the permit application (if any) and the draft permit (if any).

(f)Information repository.

(1) The Director may assess the need, on a case-by-case basis, for an information repository. When assessing the need for an information repository, the Director shall consider a variety of factors, including: the level of public interest; the type of facility; the presence of an existing repository; and the proximity to the nearest copy of the administrative record. If the Director determines, at any time after submittal of a permit application, that there is a need for a repository, then the Director shall notify the facility that it must establish and maintain an information repository. (See § 100.42(n) of these regulations for similar provisions relating to the information repository during the life of a permit).

(2) The information repository shall contain all documents, reports, data, and information deemed necessary by the Director to fulfill the purposes for which the repository is established. The Director shall have the discretion to limit the contents of the repository.

(3) The information repository shall be located and maintained at a site chosen by the facility. If the Director finds the site unsuitable for the purposes and persons for which it was established, due to problems with the location, hours of availability, access, or other relevant considerations, then the Director shall specify a more appropriate site.

(4) The Director shall specify requirements for informing the public about the information repository. At a minimum, the Director shall require the facility to provide a written notice about the information repository to all individuals on the facility mailing list.

(5) The facility owner/operator shall be responsible for maintaining and updating the repository with appropriate information throughout a time period specified by the Director. The Director may close the repository at his or her discretion, based on the factors in paragraph (f)(1) of this section.

6 CCR 1007-3-100.5.506

37 CR 24, December 25, 2014, effective 3/2/2015

38 CR 11, June 10, 2015, effective 6/30/2015

39 CR 05, March 10, 2016, effective 3/30/2016

39 CR 11, June 10, 2016, effective 6/30/2016

40 CR 06, March 25, 2017, effective 4/14/2017

40 CR 11, June 10, 2017, effective 6/30/2017

40 CR 21, November 10, 2017, effective 11/30/2017

41 CR 06, March 25, 2018, effective 4/14/2018

41 CR 11, June 10, 2018, effective 6/30/2018

41 CR 24, December 25, 2018, effective 1/14/2019

42 CR 06, March 25, 2019, effective 4/14/2019

42 CR 06, March 25, 2019, effective 5/30/2019

42 CR 11, June 10, 2019, effective 6/30/2019

43 CR 12, June 25, 2020, effective 7/15/2020

44 CR 06, March 25, 2021, effective 4/14/2021

44 CR 11, June 10, 2021, effective 6/30/2021

44 CR 24, December 25, 2021, effective 1/14/2022

45 CR 11, June 10, 2022, effective 6/30/2022

45 CR 17, September 10, 2022, effective 9/10/2022

45 CR 17, September 10, 2022, effective 9/30/2022

45 CR 23, December 10, 2022, effective 1/30/2023