(Adopted October 8, 1993)(Amended August 11, 1995)


(a) Public Participation Requirements for Permit Actions

  1. All permit actions for initial permit issuance, significant permit revisions, establishment of general permits and permit renewals shall include the following public participation procedures:
  2. (A) The District shall give Notice by publication in a newspaper of general circulation in the county where the source is located, by mail to those who request in writing to be on a list to receive all such notices, and by any other means determined by the Executive Officer or designee to be necessary to assure adequate notice to the affected public.

    (B) The notice shall include:

    (i) The identity and location of the affected facility;

    (ii) The name and address of the applicant for, or holder of, a Title V permit, as appropriate;

    (iii) The identity and address of the South Coast Air Quality Management District as the permitting authority processing the permit;

    (iv) The activity or activities involved in the permit action;

    (v) The emissions change involved in any permit revision;

    (vi) The name, address, and telephone number of a person from whom interested persons may review additional information including copies of the draft permit, the application, all relevant supporting materials, including Compliance Documents as defined in Rule 3000(b)(5), and all other materials available to the Executive Officer or designee that are relevant to the permit decision;

    (vii) A brief description of the public comment procedures provided; and,

    (viii) The time and place of any draft permit hearing that may be held or a statement of the procedures to request a draft permit hearing if one has not already been requested.

    (C) Costs of such notice and public participation process shall be paid, as specified in Regulation III, by the applicant and a copy of the proposed notice shall be included with the application for permit action.

    (D) The notice shall provide at least 30 days for public comment, and shall give notice of any draft permit hearing at least 30 days in advance of the hearing.

    (E) The Executive Officer or designee shall keep a record of the commenters and also of the issues raised during the public participation process, for 5 years, so that the EPA Administrator may fulfill the obligation under Section 505(b)(2) of the federal Clean Air Act to determine whether a citizen petition may be granted. Such records shall be available to the public as provided in the California Public Records Act.

    (F) Any person may request a draft permit hearing on an application for initial permit, permit renewal, or significant permit revision, or for establishment of a general permit, by filing with the Executive Officer or designee a complete request for a draft permit hearing within 10 days of the date of publication of notice. On or before the date the request is filed, the person requesting a draft permit hearing must also mail by first class mail a copy of the request to the applicant for, or holder of, the Title V permit at the address listed in the notice. A complete request for a draft permit hearing shall include:

    (i) Identification of the permit action on which a draft permit hearing is requested;

    (ii) Name, address, and telephone number of the person requesting the draft permit hearing and of the person to whom further notices should be sent, if different;

    (iii) Specific identification of the portion or portions of the draft permit or revision to which objection is made;

    (iv) Specific identification of the regulatory requirement or requirements, or provisions of these rules, with which the draft permit or revision is inconsistent, and the reasons the inconsistency is believed to exist;

    (v) Identification of proposed permit terms or conditions, if any, which would eliminate the inconsistency; and,

    (vi) A statement of the reason or reasons the requester believes a public hearing would clarify one or more issues involved in the permit decision.

    (G) The Executive Officer or designee shall hold a draft permit hearing on the date specified in the hearing notice and shall deny or approve the draft permit for transmittal to EPA, or continue the hearing to a specific announced date on which a revised draft permit would be available for further public review and comment.

(b) Exemptions

Permit revision applications eligible for processing using administrative permit revision or minor permit revision procedures shall be exempt from the public participation requirements of subdivision (a) of this rule.