Md. Code Regs. 26.13.07.20-4

Current through Register Vol. 51, No. 11, May 31, 2024

Section 26.13.07.20-4 - Administrative Procedures-Public Comments

A. Public Comments and Requests for Public Hearings.

(1) During the public comment period provided, any interested person may:

(a) Submit written comments on the draft permit; and

(b) Request a public hearing, if no hearing has already been scheduled.

(2) A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing.

(3) The Secretary shall:

(a) Consider all comments in making the final decision; and

(b) Answer all comments as provided in §D of this regulation.

B. Obligation to Raise Issues and Provide Information During the Public Comment Period.

(1) All persons, including applicants, who believe any condition of a draft permit is inappropriate or that the Secretary's tentative decision to deny an application, terminate a permit, or prepare a draft permit is inappropriate, shall raise all reasonably ascertainable issues and submit all reasonably available arguments and factual grounds supporting their position, including all supporting material, by the close of the public comment period, including any public hearing, under Regulation .20-2 of this chapter.

(2) All supporting materials shall be included in full and may not be incorporated by reference, unless they are already part of the administrative record in the same proceeding, or consist of State or federal statutes and regulations, EPA documents of general applicability, or other generally available reference materials.

(3) Commenters shall make supporting material not already included in the administrative record available to the Secretary.

(4) Because a comment period longer than 45 days will often be necessary in complicated proceedings to give commenters a reasonable opportunity to comply with the requirements of this regulation:

(a) Commenters may request longer comment periods; and

(b) The Secretary shall freely establish longer comment periods under Regulation .20-2 of this chapter to the extent they appear necessary.

C. Reopening of the Public Comment Period.

(1) If any data, information, or arguments submitted during the public comment period, including information or arguments required under §B of this regulation appear to raise substantial new questions concerning a permit, the Secretary may take one or more of the following actions:

(a) Prepare a new draft permit, appropriately modified, under Regulation .20-1A of this chapter;

(b) Prepare a revised statement of basis, a fact sheet, or revised fact sheet and reopen the comment period; and

(c) Reopen or extend the comment period to give interested persons an opportunity to comment on the information or arguments submitted.

(2) If the comment period is reopened under §C(1)(c) of this regulation, the Secretary shall:

(a) Limit the scope of comments that may be considered to the substantial new questions that caused the reopening of the comment period; and

(b) Assure that public notice issued according to Regulation .20-2 of this chapter defines the scope of the reopening.

(3) The Secretary may, in the circumstances described in §C(1) and (2) of this regulation, elect to hold further proceedings.

(4) The Secretary shall issue public notice of actions taken under §C(1) or (3) of this regulation under Regulation .20-2 of this chapter.

D. Response to Comments.

(1) At the time that any final permit is issued, the Secretary shall:

(a) Issue a response to comments; and

(b) Specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change.

(2) The Secretary shall include in the administrative record for the final permit decision all new materials supplied during the public comment period, new points raised, and documents cited in the response to comments.

(3) If new points are raised or new material is supplied during the public comment period, the Department may document its response to those matters by adding new materials to the administrative record.

(4) The Secretary shall make the response to comments available to the public.

Md. Code Regs. 26.13.07.20-4