5 Colo. Code Regs. § 1001-1-VII

Current through Register Vol. 47, No. 18, September 25, 2024

Section 5 CCR 1001-1-VII - PROCEDURES FOR PUBLIC COMMENT HEARINGS ON PERMIT APPLICATIONS

VII.A. Scope

This section applies to all public comment hearings conducted before the Commission under § 25-7-114.5(6), C.R.S. It does not apply either to adjudicatory hearings under §§ 25-7-119 and 24-4-105, C.R.S., or to rulemaking proceedings under the Act and § 24-4-103, C.R.S.

VII.B. Setting the Hearing

VII.B.1. The public comment hearing will be held within sixty days of the Commission's receipt of all required materials relating to review of a permit or a permit term or condition pursuant to § 25-7-114.5(6)(b), C.R.S. unless the applicant and the Division agree to a later date.

VII.B.2. The Commission may continue the public comment hearing for the convenience of the Commission.

VII.B.3. Where there is more than one request for a public comment hearing; such hearings may be combined at the discretion of the Commission.

VII.B.4. At least thirty (30) days prior to the date set for the public comment hearing, the notice of public comment hearing, the preliminary analysis and the draft permit will be posted on the Commission's web site. No substantive revisions will be made to the draft permit during the thirty (30) days prior to the public comment hearing.

VII.C. Appointment of the Public Comment Hearing Commissioner:

VII.C.1. At its first meeting following receipt of a request for a public comment hearing, the

Commission may appoint a Commissioner to convene the hearing and preside over the receipt of public comment. If necessary, the chairperson of the Commission may appoint a Commissioner to act until such meeting or may appoint at any time a replacement Commissioner, to be confirmed by the Commission at its next meeting.

VII.D. Public Comment Hearing Procedures

VII.D.1. A public comment hearing is intended to encourage citizen participation and provide a forum for information gathering by the agency. It is not an adversarial proceeding.

VII.D.2. During the hearing the Commission will elicit and record the comments of any interested person regarding the sufficiency of the Air Pollution Control Division's "preliminary analysis" of a permit application, renewal or modification and whether the permit should be approved or denied.

VII.D.3. Any person, including the permit applicant, may submit written statements or present oral comments at the public comment hearing.

VII.D.4. The Hearing Officer or Chairperson will preside over the public comment hearing, be responsible for its orderly conduct, and the Hearing Officer will set reasonable time limits for all oral statements.

VII.D.5. All comments received at the hearing are recorded for the hearing record. Written comments are encouraged and will be accepted until the close of the public hearing, unless an extension is granted by the Commission or the Hearing Officer.

VII.D.6. The Division shall appear at the public comment hearing in order to present the permit application.

VII.D.7. At the beginning of the hearing, the Division and the permit applicant will describe the project, the permit application, the preliminary analysis, and the draft permit, including any revisions to the draft permit based on public comments.

VII.D.8. Any person may submit written statements or present oral comments to the Commission or Hearing Officer regarding the Division's preliminary analysis and draft permit. All oral comments will be subject to the time limits imposed by the Commission or Hearing Officer.

VII.D.9. Individual commenters at the public hearing may appoint a spokesperson and pool their allotted comment time up to a maximum amount of comment time as determined by the Commission or the Hearing Officer. Commenters choosing to pool their comment time must be present at the time the spokesperson is called upon to present the comments.

VII.D.10. Public comment hearing participants should refrain from engaging in debate with the Commission, Division, permit applicant, or other commenters regarding their perspective on the Division's preliminary analysis or the draft permit.

VII.D.11. Where any person presents clear and convincing evidence that the Division's preliminary analysis is insufficient, the Commission may, at its discretion, direct the Division to address the insufficiency.

VII.D.12. Commenter's at the public hearing should raise all issues of concern and provide information supporting their perspectives by the close of the public comment period. The public comment period closes at the conclusion of the public comment hearing, unless the Commission or Hearing Officer grants an extension of the public comment period to receive additional written comments.

VII.D.13. The Commission Office shall immediately transmit all oral and written public comment received at the public comment hearing to the Division for its consideration prior to the Division's final action on the permit.

VII.D.14. The Division must grant, deny or modify the permit within 30 days of the conclusion of the public comment period. The Division will make its responses to the public comments available to any interested person at the time of permit issuance or denial. The administrative record will include the permit application and supporting data, the preliminary analysis, the draft permit and any permit revisions, the final permit, comments and documentation received during the public comment period and public comment hearing, and the Division responses to comments.

VII.E. Appeals of the Permit

VII.E.1. After the permit has been issued, any participant in the public comment process,including members of the public and any other person who could obtain judicial review under applicable law may seek judicial review of the Division's final decision on the permit application under§ 25-7-114.5(11), C.R.S.

VII.E.2. After the permit has been issued, the permit applicant may seek review by the Commission of the Division's decision on the permit under § 25-7-114.5(8).

5 CCR 1001-1-VII

44 CR 16, August 25, 2021, effective 9/14/2021