250 R.I. Code R. 250-RICR-120-05-9.16

Current through December 26, 2024

Section 250-RICR-120-05-9.16 - Public Participation

A. The following procedures shall be applicable to major source permit applications.

1. The Office of Air Resources shall review each application and shall give public notice of its intention to either issue a permit or deny the application. The draft permit or tentative denial, including all supporting documentation, shall be made available for public comment. Public notice shall be published in a newspaper of general circulation in the area in which the proposed source would be located. The Office of Air Resources shall make available for public inspection, in at least one location in the city or town where the source would be located, the information submitted by the owner or operator, the Office of Air Resources' analysis of the application and the draft permit or tentative denial.

2. A public hearing for interested persons to appear and submit written or oral comments on the draft permit or tentative denial shall be held if requested by any person, governmental subdivision or agency or by an association. The Director may also hold a hearing at his or her discretion, whenever he or she believes there is a significant degree of public interest in the proposed action. If held, a hearing shall take place no earlier than thirty (30) days nor later than sixty (60) days following initial public notice. Comments from the applicant and/or any interested persons shall be recorded at the public hearing. Written comments, to be considered part of the record, must be submitted during the public comment period. The public comment period shall commence on the date of initial public notice. The public comment period shall close thirty (30) days later, if no hearing is held. If a public hearing is held, the public comment period shall close at the close of the public comment hearing or on a date set by the Office of Air Resources.

3. Following the close of the public comment period, the Office of Air Resources shall issue or deny the permit in writing. The Office of Air Resources shall provide a written response to each substantive public comment.

4. The applicant and/or any person who provided substantive comment at any time during the public comment period may appeal the decision of the Office of Air Resources to the Administrative Adjudication Division for Environmental Matters provided, however, any person who shall demonstrate good cause for failure to participate and demonstrate that his/her interests shall be substantially impacted if prohibited from appearance in the appeal, may in the discretion of the AAD hearing officer be permitted to participate in the appeal process. Appeals must be filed with the AAD within thirty (30) days of the issuance of the Office of Air Resources' final decision.

5. The appeal shall be limited to those issues raised by the parties, provided, however, that upon good cause shown, the AAD hearing officer shall allow additional issues to be raised.

6. All appeals shall be pursuant to the rules and regulations established by the Director and the rules and regulations established by the Administrative Adjudication Division for Environmental Matters, provided, however, that all appeals shall contain precise statements of the issues presented on appeal and the specific part or parts of the decision of the Office of Air Resources which are challenged.

7. All appeals shall be heard before administrative adjudication hearing officers. All hearings shall be evidentiary hearings. All witnesses shall testify under oath and shall be subject to cross-examination.

B. All public notices shall contain the following minimum information:

1. Name and address of the permit applicant and if different, of the facility regulated by the proposed action.

2. A brief description of the activity described in the permit application.

3. Name, address, and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit, a fact sheet and the application.

4. A brief description of the procedures for public comment, a statement of the procedures for requesting a hearing and the time and place of any hearing that has already been scheduled.

5. The location and the times at which the application and all supporting documentation, including draft permit or notice of intent to deny the application and a fact sheet, will be available for public inspection.

6. The quantity and location of offsets, degree of increment consumption, and the determination of LAER.

C. At a minimum, a copy of the public notice shall be sent to:

1. The permit applicant;

2. The Regional Administrator of the EPA;

3. The chief executives of the city or town where the source would be located;

4. Any comprehensive regional land use planning agency;

5. Any State, Federal Land Manager or Indian Governing Body whose lands may be affected by emissions from the proposed source.

D. A fact sheet shall be prepared for each draft permit. The fact sheet shall include the following information, where applicable:

1. A brief description of the type of facility or activity which is the subject of the draft permit.

2. The type and quantity of pollutants which are proposed to be emitted from the facility or activity.

3. The degree of increment consumption expected to result from operation of the facility or activity.

4. The quantity and location of any offsets obtained by the facility or activity.

5. A brief summary of any permit conditions contained in the draft permit.

6. The beginning and ending dates of the public comment period and the address where comments will be received.

7. Procedures for requesting a hearing and the nature of that hearing.

8. The name and telephone number of a person to contact for additional information.

250 R.I. Code R. 250-RICR-120-05-9.16