5 Colo. Code Regs. § 1001-5-C-VI

Current through Register Vol. 48, No. 1, January 10, 2025

Section 5 CCR 1001-5-C-VI - Public Participation Requirements

VI.A. Except for modifications qualifying for administrative permit amendments, minor permit modification procedures and operational flexibility provisions, as described in Sections X., XI., and XII. of this Part C, Sections III. and IV. of Part A, and except for applications for coverage under general operating permits as described in Section VIII. of this Part C, all permit proceedings, including initial permit issuance, significant modifications, re-openings and renewals, and are subject to public notice, comment and opportunity for public hearing requirements. A minor source voluntarily applying for an operating permit is not subject to the public participation requirements of this Part C unless the source is required to have a federally enforceable emission limitation to be considered a (synthetic) minor source. Minor sources that are not synthetic minors and major sources of Colorado-only Hazardous Air Pollutants subject to the operating permit requirements solely due to state-only conditions shall be subject to the public participation requirements where warranted in accordance with the provisions of Part B of this Regulation Number 3.

VI.B. The Division shall, within fifteen calendar days after the preparation of the preliminary analysis, cause public notice of the application to be published in a newspaper of general distribution in the area in which the proposed project or activity is or will be located or in a State publication designed to give general public notice, and by such other means if necessary to assure notice to the affected public, which may include posting of such notice on the publicly accessible portion of the Division's web site. The Division will provide a copy of the preliminary analysis and application, or information about how to access digital versions of these documents on a publically accessible website, to the county clerk for each county in which the source is or will be located. Documents provided directly to the county clerk may be in digital or hard copy format. The Division will send written or electronic notice to the applicant, to persons requesting notice of permit applications that are subject to public notice requirements, and to affected states. Electronic notice may include email notification to persons on an email list developed and maintained by the Division. The newspaper notice or other State publication shall contain the information listed below in VI.B.1. through VI.B.9. The Division's web site notice shall contain all the following information in Sections VI.B.1. through VI.B.15.:

VI.B.1. The name and address of the permittee;

VI.B.2. The name and address of the affected facility;

VI.B.3. The Division's name and address;

VI.B.4. The activity or activities proposed in the permit application;

VI.B.5. The emissions change involved in any permit modification;

VI.B.6. The name, address, and telephone number of a Division staff contact (or an email or website address) from whom interested persons may obtain additional information, including copies of the permit draft, the application, all relevant supporting materials, the compliance plan, the monitoring and compliance certification report, and all other materials available to the Division that are relevant to its permit decision;

VI.B.7. Information regarding scheduling of any public comment hearing if one is requested;

VI.B.8. That the Division will receive and consider public comments for thirty calendar days after such publication;

VI.B.9. The Division's preliminary determination of approval, conditional approval, or disapproval of the application;

VI.B.10. That any interested person may submit a written request for a public comment hearing to be held by the Commission to receive comments regarding the concerns listed in Sections VI.B.11. through VI.B.15., the sufficiency of the preliminary analysis, and whether the Division should approve or deny the permit application. Any written request for a public comment hearing must be submitted to the Division within thirty days of publication;

VI.B.10.a. Written requests for a public comment hearing shall be directed to the Air Pollution Control Division's office at 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530;

VI.B.10.b. Requests shall:

(i) identify the individual or group applying;

(ii) state his or her address and phone number;

(iii) state the reasons for the request;

(iv) state the manner in which the person is affected by the proceedings; and

(v) provide an explanation of why the person's interests are not already adequately represented.

VI.B.11. That comments concerning the ability of the proposed activity to comply with applicable requirements are solicited from any interested person;

VI.B.12. That comments are solicited on the air quality impacts of the source or modification;

VI.B.13. That comments are solicited on alternatives to the source or modification;

VI.B.14. That comments are solicited on the control technology required;

VI.B.15. That comments are being solicited on any other appropriate air quality considerations.

VI.C. Within fifteen calendar days after the preparation of the preliminary analysis for those applications subject to the requirements of this Part C, the Division shall forward to the applicant written notice of the applicant's right to a public comment hearing with respect to the application pursuant to Section VII. of the Commission's Procedural Rules.

VI.D. A public comment hearing request pursuant to Section VI.B. of this Part C must be transmitted by the Division to the Commission, along with the complete permit application, the preliminary analysis, the draft permit, and any written comments received by the Division within five days after the end of the thirty-day comment period. At least thirty days prior to the date set for the public comment hearing, the notice of public comment hearing, the preliminary analysis and the draft permit shall be posted on the Division's web site. No substantive revisions shall be made to the draft permit during the thirty days prior to the public comment hearing. The applicant may submit, within ten days following the close of the public comment period, a response to any comments made. Nothing herein shall impede the Division's ability to meet required processing timeframes or other required time periods contained in this regulation.

VI.E. The Commission shall hold a public comment hearing within sixty days of its receipt of the request for a hearing pursuant to Section VI.B. or VI.C. of this Part C, unless such greater time is agreed to by the applicant and the Division. The Division shall appear at the public comment hearing in order to present the permit application. At least thirty days prior to such hearing, notice thereof shall be mailed by the Commission to the applicant, and to any interested person who submitted a request for a public hearing, printed in a newspaper of general distribution in the area of the proposed source or modification, and submitted for public review with the county clerk for each county in which the source or modification is or will be located.

VI.F. The Division shall maintain a record of the commenter and of the issues raised during the public comment and public hearing process for a period of five years.

VI.G. The Division shall notify the Administrator and any affected state, in writing, of any refusal to accept all recommendations for the proposed permit that the affected state submitted during the public or affected state review period, as well as reasons for such refusal.

VI.H. If the Administrator does not object in writing to the issuance of any proposed permit within forty-five days of receipt of the proposed permit, any person may petition the Administrator within sixty days of expiration of the Administrator's forty-five-day review period to make such objection. Any such petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period as provided for in Section VI.B. of this Part C, unless the petitioner demonstrates that it was impracticable to raise such objections within that period, or unless the grounds for such objection arose after such period

VI.H.1. A petition for review does not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the forty-five-day review period and prior to an U.S. EPA objection.

VI.H.2. If, pursuant to a petition filed under this Section VI.H., the U.S. EPA objects to the issuance of a permit prior to its issuance, the Division shall not issue the permit until the U.S. EPA's objection has been resolved.

VI.H.3. If, pursuant to a petition filed under this Section VI.H., the U.S. EPA objects to the issuance of a permit after it has been issued by the Division, the Administrator may modify, terminate, or revoke such permit and the Division may thereafter issue only a revised permit that satisfies the U.S. EPA's objection.

VI.H.4. In no event will any proceeding under this Section VI.H. cause a source to be in violation of the requirement to have submitted a timely and complete application.

5 CCR 1001-5-C-VI

37 CR 18, September 25, 2014, effective 10/15/2014

37 CR 24, December 25, 2014, effective 1/14/2015

39 CR 04, February 25, 2016, effective 3/16/2016

39 CR 21, November 10, 2016, effective 11/30/2016

41 CR 21, November 10, 2018, effective 11/30/2018

43 CR 02, January 25, 2020, effective 2/14/2020

44 CR 02, January 25, 2021, effective 2/14/2021

46 CR 02, January 25, 2022, effective 2/14/2023

46 CR 12, June 25, 2023, effective 7/15/2023

47 CR 06, March 25, 2024, effective 4/15/2024

47 CR 12, June 25, 2024, effective 7/15/2024