(a) This section applies to a permit application transferred
from the United States Environmental Protection Agency (EPA) or filed
with the commission for initial issuance of a Prevention of Significant
Deterioration (PSD) permit to authorize only emissions of Greenhouses
Gases, as defined in §101.1 of this title (relating to Definitions)
which, prior to receipt of the application with the commission, was
filed with EPA and for which notice of draft permit was published
as required by EPA.
(b) In lieu of compliance with all other applicable
requirements of this chapter regarding PSD permit applications, an
applicant may fulfill the requirements of this chapter by:
(1) Complying with the requirements of §39.405(f)(3),
(h), (i), and (k) of this title (relating to General Notice Provisions)
and §39.426(a), (b)(1), (3), and (5) - (8) of this title (relating
to Alternative Notice Requirements);
(2) Publishing Notice of Receipt of Application and
Intent to Obtain Permit combined with Notice of Application and Preliminary
Decision (Combined Notice) as follows:
(A) The published Combined Notice must comply with §39.411(e)(1)
- (3), (4)(A)(i), (5)(A), (6) - (9), and (16) of this title (relating
to Text of Public Notice);
(B) The published Combined Notice must include the
following information:
(i) a list of the individual Greenhouse Gases proposed
to be emitted;
(ii) a summary of the executive director's preliminary
decision and whether the executive director has prepared a draft permit,
and a statement that the executive director's draft permit and preliminary
decision, preliminary determination summary, and air quality analysis,
if applicable, are available electronically on the commission's website;
(iii) the location, at a public place with internet
access in the county in which the facility is located or proposed
to be located, at which a copy of the complete application and the
executive director's draft permit and preliminary decision are available
for review and copying;
(iv) a brief description of public comment procedures,
including a description of the manner in which comments regarding
the executive director's draft permit and preliminary decision, preliminary
determination summary, and air quality analysis, if applicable may
be submitted. The public comment procedures must be printed in a font
style or size that clearly provides emphasis and distinguishes it
from the remainder of the Combined Notice;
(v) a statement that a public meeting will be held
by the executive director if requested by a member of the legislature
who represents the general area where the facility is to be located,
there is substantial public interest in the proposed activity or at
the request of any interested person;
(vi) a statement that the comment period will be for
at least 30 days following the last publication of the Combined Notice
together with the deadline to file comments or request a public meeting;
(vii) a statement that any comments submitted to EPA
regarding the application will not be included in the executive director's
response to comments unless the comments are timely submitted to the
commission; and
(viii) a statement if the executive director prepares
a Response to Comments as required by §55.156 of this title (relating
to Public Comment Processing), the Office of the Chief Clerk (chief
clerk) will make the executive director's response to public comments
available on the commission's website; and
(C) The Combined Notice must meet the requirements
of §39.603(c) and (d) of this title (relating to Newspaper Notice)
and is required to be published within 33 days after the chief clerk
has mailed the preliminary decision concurrently with the notice to
the applicant;
(3) Making a copy of the application and certain other
documents, as applicable, available for review and copying according
to the following requirements:
(A) A copy of the application must be available at
a public place with internet access in the county in which the facility
is located or proposed to be located;
(B) The copy of the application must be updated as
changes are made, if any, to the application; and the entire application
must be available for review and copying;
(C) A copy of the executive director's preliminary
decision, draft permit, preliminary determination summary and air
quality analysis, if applicable, must be made available on the first
day of newspaper publication of the Combined Notice required by this
section and must remain available until the commission has taken action
on the application; and
(D) If the application is submitted with confidential
information indicate in the public file that there is additional information
in a confidential file marked as confidential by the applicant;
(4) Complying with the requirements of §39.604(a)
and (c) - (e) of this title (relating to Sign-Posting), except that
the sign or signs must be in place on the first day of publication
of the Combined Notice. The signs must remain in place and legible
throughout the public comment period. The applicant shall provide
verification that the sign posting was conducted according to §39.604
of this title; and
(5) Complying with §39.605 of this title (relating
to Notice to Affected Agencies).
(c) The chief clerk shall be responsible for the following
additional requirements.
(1) Mailing the Combined Notice as required by §39.602
of this title (relating to Mailed Notice).
(2) Transmitting the executive director's response
to comments as provided for in §39.420(c)(1)(A) and (B), (2),
and (d) of this title (relating to Transmittal of the Executive Director's
Response to Comments and Decision).
(d) The public comment period shall automatically be
extended to the close of any public meeting or notice and comment
hearing.
(e) After the deadline for submitting public comment,
final action on an application may be taken under Chapter 50 of this
title (relating to Action on Applications and Other Authorizations).
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