NCUAQMD RULE 5-5-540 NOTIF. & OPPORTUN. REVIEW PROP. DECIS.
LAST REVISED 11/11/11

Rule 540 NOTIFICATION AND OPPORTUNITY FOR REVIEW OF PROPOSED DECISION

Within the applicable time frame specified in Rule 520, the Air Pollution Control Officer shall provide official and public notice of and opportunity to review the proposed decision to issue a permit to operate in accordance with requirements of this Rule.

[Reference: 40 CFR 70.7(h) and 70.8]

(a) Official Notice

For initial permits, renewal of permits, significant permit modifications, and reopenings for cause, the Air Pollution Control Officer shall send official written notice of the proposed decision to the responsible official, the Air Resources Board, adjacent air pollution control districts and any affected state. Official notice shall include the proposed permit and, upon request, copies of the District analysis.

[Reference: 40 CFR 70.7(h)(3) and 70.8(b)(1)]

For minor permit modifications, the Air Pollution Control Officer shall provide official written notice of the proposed decision to the responsible official, the Air Resources Board and any affected state.

[Reference: 40 CFR 70.7(e)(2)(iii) and 70.7(h)]

The Air Pollution Control Officer shall send Official Notice of proposed permit decisions by certified mail, return receipt requested.

(b) Public Notice

For initial permits, renewal of permits, significant permit modifications, and reopenings for cause, the Air Pollution Control Officer shall provide public notice of the proposed decision by publication in at least one newspaper of general circulation in the District and by mail to persons who request such notification.

[Reference: 40 CFR 70.7(h)(1)]

(c) Contents of Public Notice

Public notice shall include the following information:

(1) The identification of the source, the name and address of the applicant, the activities and emissions and change in emissions involved in the permit action;

(2) The name and address of the District, the name and telephone number of District staff to contact for additional information;

(3) The availability, upon request, of the District Analysis, setting forth the legal and factual basis for the proposed decision;

[Reference: 40 CFR 70.7(a)(5)]

(4) The location where the public may inspect the complete application, the District analysis, and the proposed permit;

(5) A statement that the public may submit written comments regarding the proposed decision within at least 30 days from the date of publication and a brief description of commenting procedures; and

(6) The date, time and place of the public hearing on the proposed decision or a statement that members of the public may request that the District hold such a hearing to receive oral comments, if one has not already been scheduled. The Air Pollution Control Officer shall provide notice of any public hearing scheduled to address the proposed decision at least 30 days prior to such hearing.

[Reference: 40 CFR 70.7(h)(2 and 4)]

(d) Notice to U.S. EPA

After completion of the public notice and comment period pursuant to subsection (f), the Air Pollution Control Officer shall send written notice to the U.S. EPA of the proposed decision along with copies of the proposed permit, the District analysis, the public notice submitted for publication, the District's response to written comments, and all necessary supporting information.

[Reference: 40 CFR 70.7(h)(5) and 70.8]

For minor permit modifications, the Air Pollution Control Officer shall provide written notice of the proposed decision to the U.S. EPA, the Air Resources Board, and any affected state. Additionally, the District shall provide to the U.S. EPA (and, upon request, to the Air Resources Board or any affected state) copies of the proposed permit, the District analysis, and all necessary supporting information.

[Reference: 40 CFR 70.7(a)(1)(iii and v) and (5)]

(e) Availability of Documents

The Air Pollution Control Officer shall make available for public inspection during normal business hours copies of the following documents:

(1) The complete application;

(2) The District analysis;

(3) The proposed permit;

(4) All submitted written comments which are postmarked by the close of the public notice and comment period of subsection (f) and the District's written response to persons or agencies that submitted such comments.

[Reference: 40 CFR 70.(h)(2)]

(f) Opportunity for Comment and Public Hearing

(1) The District shall receive written comments regarding the proposed decision for 30 days from the date of publication of Public Notice pursuant to subsection (b).

(2) At any time during the public comment period, members of the public may request that the District hold a public hearing to receive oral public comment. The Air Pollution Control Officer shall provide notice of any public hearing scheduled to address the proposed decision at least 30 days prior to such hearing.

[Reference: 40 CFR 70.7(h)(2)]