Md. Code Regs. 26.11.03.07

Current through Register Vol. 51, No. 19, September 20, 2024

Section 26.11.03.07 - Public Participation Procedures

A. Applicability.

(1) The applicant for a Part 70 permit, a significant permit modification to a Part 70 permit, or a Part 70 permit renewal shall provide public notification of the permit proceeding in accordance with the provisions of this regulation.

(2) A permittee whose Part 70 permit is reopened under Regulation .20 of this chapter shall provide public notification of the reopening of the permit, in accordance with the requirements of this regulation. This notification shall apply only to those portions of the permit for which cause to reopen exists.

(3) A person who applies to be covered by a general Part 70 permit, as provided by Regulation .21 of this chapter, is not subject to the requirements of this regulation if the general Part 70 permit has already completed all the public, affected State, and EPA notification, comment, and review procedures required by this regulation.

(4) Except as expressly provided otherwise, this regulation does not apply to the State-only enforceable conditions of a Part 70 permit.

B. Public Notice Requirements.

(1) For Part 70 permit proceedings subject to this regulation, the Department shall:

(a) Direct the applicant or permittee to provide the public notice as required by this regulation;

(b) Provide opportunity for public comment and opportunity for a nonadjudicatory public hearing on the draft Part 70 permit;

(c) Make available for public inspection:

(i) The complete application, except for information qualifying as confidential information,

(ii) The draft Part 70 permit, and

(iii) Other relevant supporting information; and

(d) Provide a copy of the draft Part 70 permit to the applicant.

(2) For Part 70 permit proceedings subject to this regulation, the applicant or permittee shall provide, at its own expense, a public notice, in a format approved by the Department, that includes the information listed in §C of this regulation:

(a) By publication in a newspaper of general circulation in the area where the source is located;

(b) As directed by the Department, to any person who has made a timely request to the Department in accordance with procedures established by the Department for making the requests; and

(c) By other means if required by the Department to assure adequate notice to the affected public.

C. Format for Public Notice. The public notice required by §B of this regulation shall include the following minimum information:

(1) The Part 70 permit or application number as assigned by the Department;

(2) The location and a description of the source for which the Part 70 permit is sought and the operations conducted at the source;

(3) The name and address of the applicant;

(4) The name and address of the Department;

(5) The change to emissions involved in any significant permit modification;

(6) Information on the location and availability of copies of the draft permit, the complete application, and relevant supporting information;

(7) The name, address, and telephone number of a person representing the applicant and of a person representing the Department from whom interested persons may obtain additional information;

(8) A brief description of the public participation procedures required by this regulation; and

(9) The time and place of any nonadjudicatory hearing that has been scheduled or the procedures to request a hearing if a hearing has not been scheduled.

D. The Department shall provide at least 30 days for public comment on a draft Part 70 permit, renewal, or revision subject to this regulation. During the 30-day public comment period, a person may submit written comments and may submit a written request for a nonadjudicatory public hearing if a hearing has not been scheduled. The Department shall consider all public comments that raise issues of law or material fact regarding an application for a Part 70 permit, renewal, or revision, but only if the issues are germane to applicable requirements of Title V of the Clean Air Act, and the regulations implementing the Title V program in Maryland. Comments raising issues that relate to the location or nature of a source or an emissions unit subject to a Part 70 permit may not be considered unless the commenter demonstrates to the satisfaction of the Department that the Department is required by law to consider the issues in issuing or denying the Part 70 permit.

E. A request for a public hearing shall include the following information:

(1) The name, mailing address, and telephone number of the person making the request;

(2) The names and addresses of persons whom the person making the request is representing; and

(3) The reason why a hearing is requested, including the air quality concern that forms the basis for the request and how this concern relates to the person making the request.

F. The Department will hold a public nonadjudicatory hearing if the Department determines, on the basis of requests, that there is significant public interest in the draft Part 70 permit, renewal, or revision. The Department or the applicant shall give notice of a nonadjudicatory public hearing at least 30 days before the hearing.

G. The Department shall keep a record of the identity of the commenters, to the extent that they identified themselves, and a summary of the issues raised during the public comment period so that the EPA may fulfill its obligation under § 505(b)(2) of the Clean Air Act to determine whether a citizen petition may be granted. This information shall be available to the public. Reasonable limits may be set on the time allowed for oral statements made at a public hearing.

Md. Code Regs. 26.11.03.07