Section 0400-40-14-.11 - APPROVAL PROCEDURES FOR WWF PRETREATMENT PROGRAMS AND WWF GRANTING OF REMOVAL CREDITSThe following procedures shall be adopted in approving or denying requests for approval of WWF Pretreatment Programs and applications for removal credit authorization:
(1) Deadline for review of Submission. The Approval Authority shall have 90 days from the date of public notice of any Submission complying with the requirements of paragraph (2) of Rule 0400-40-14-.09 and, where removal credit authorization is sought with paragraph (5) of Rule 0400-40-14-.07 and paragraph (4) of Rule 0400-40-14-.09, to review the Submission. The Approval Authority shall review the Submission to determine compliance with the requirements of paragraphs (2) and (6) of Rule 0400-40-14-.08, and, where removal credit authorization is sought, with Rule 0400-40-14-.07. The Approval Authority may have up to an additional 90 days to complete the evaluation of the Submission if the public comment period provided for in part (2)(a)2 of this rule is extended beyond 30 days or if a public hearing is held as provided for in subparagraph (2)(b) of this rule. In no event, however, shall the time for evaluation of the Submission exceed a total of 180 days from the date of public notice of a Submission meeting the requirements of paragraph (2) of Rule 0400-40-14-.09 and, in the case of a removal credit application, paragraph (5) of Rule 0400-40-14-.07 and paragraph (2) of Rule 0400-40-14-.09.
(2) Public notice and opportunity for hearing. Upon receipt of a Submission the Approval Authority shall commence its review. Within 20 work days after making a determination that a Submission meets the requirements of paragraph (2) of Rule 0400-40-14-.09 and, where removal allowance approval is sought, paragraph (4) of Rule 0400-40-14-.07 and paragraph (4) of Rule 0400-40-14-.09, the Approval Authority shall:
(a) Issue a public notice of request for approval of the Submission;1. This public notice shall be circulated in a manner designed to inform interested and potentially interested persons of the Submission. Procedures for the circulation of public notice shall include: (i) Mailing notices of the request for approval of the Submission to designated 208 planning agencies, Federal and State fish, shellfish and wildfish resource agencies (unless such agencies have asked not to be sent the notices); and to any other person or group who has requested individual notice, including those on appropriate mailing lists; and(ii) Publication of a notice of request for approval of the Submission in a newspaper(s) of general circulation within the jurisdiction(s) served by the WWF that provides meaningful public notice. The Approval Authority may require that the WWF provide the public notification detailed in this subpart.2. The public notice shall provide a period of not less than 30 days following the date of the public notice during which time interested persons may submit their written views on the Submission.3. All written comments submitted during the 30-day comment period shall be retained by the Approval Authority and considered in the decision on whether or not to approve the Submission. The period for comment may be extended at the discretion of the Approval Authority; and(b) Provide an opportunity for the applicant, any affected State, any interested State or Federal agency, person or group of persons to request a public hearing with respect to the Submission. 1. This request for public hearing shall be filed within the 30-day (or extended) comment period described in part (a)2. of this paragraph and shall indicate the interest of the person filing such request and the reasons why a hearing is warranted.2. The Approval Authority shall hold a hearing if the WWF so requests. In addition, a hearing will be held if there is a significant public interest in issues relating to whether or not the Submission should be approved. Instances of doubt should be resolved in favor of holding the hearing.3. Public notice of a hearing to consider a Submission, sufficient to inform interested parties of the nature of the hearing and the right to participate, shall be published in the same newspaper as the notice of the original request for approval of the Submission under subpart (a)1.(ii) of this paragraph. In addition, notice of the hearing shall be sent to those persons requesting individual notice.(3) Approval authority decision. At the end of the 30-day (or extended) comment period and within the 90-day (or extended) period provided for in paragraph (1) of this rule, the Approval Authority shall approve or deny the Submission based upon the evaluation in paragraph (1) of this rule and taking into consideration comments submitted during the comment period and the record of the public hearing, if held. Where the Approval Authority makes a determination to deny the request, the Approval Authority shall so notify the WWF and each person who has requested individual notice. This notification shall include suggested modifications and the Approval Authority may allow the requestor additional time to bring the Submission into compliance with applicable requirements.(4) EPA objection to Director's decision. No WWF pretreatment program or authorization to grant removal allowances shall be approved by the Director if following the 30-day (or extended) evaluation period provided for in part (2)(a)2. of this rule and any hearing held pursuant to subparagraph (2)(b) of this rule the Regional Administrator sets forth in writing objections to the approval of such Submission and the reasons for such objections. A copy of the Regional Administrator's objections shall be provided to the applicant, and each person who has requested individual notice. The Regional Administrator shall provide an opportunity for written comments and may convene a public hearing on his or her objections. Unless retracted, the Regional Administrator's objections shall constitute a final ruling to deny approval of a WWF pretreatment program or authorization to grant removal allowances 90 days after the date the objections are issued.(5) Notice of decision. The Approval Authority shall notify those persons who submitted comments and participated in the public hearing, if held, of the approval or disapproval of the Submission. In addition, the Approval Authority shall cause to be published a notice of approval or disapproval in the same newspapers as the original notice of request for approval of the Submission was published. The Approval Authority shall identify in any notice of WWF Pretreatment Program approval any authorization to modify categorical Pretreatment Standards which the WWF may make, in accordance with Rule 0400-40-14-.07, for removal of pollutants subject to Pretreatment Standards.
(6) Public access to Submission. The Approval Authority shall ensure that the Submission and any comments upon such Submission are available to the public for inspection and copying.
Tenn. Comp. R. & Regs. 0400-40-14-.11
Original rule filed September 17, 2013; effective December 16, 2013. Rule renumbered from 1200-04-14. Amendments filed January 25, 2023; effective 4/25/2023.Authority: T.C.A. §§ 4-5-201, et seq., and 69-3-101, et seq.