Upon a preliminary determination to approve or deny the proposed alternative
means of control (AMOC) plan, the executive director shall, in writing, so
notify the submitter of the plan, any local air pollution control program
with jurisdiction over the account affected by the AMOC plan, and the EPA
regional office.
(1) If the executive director makes a preliminary determination
to approve the AMOC plan, then this notice shall include a copy of the AMOC
plan as preliminarily approved.
(2) If the executive director makes a determination to deny
the AMOC plan, then the notice shall include a description of the reasons
for such determination of denial. This determination shall constitute a final
action of the executive director appealable to the commission as provided
in paragraph (7) of this section.
(3) Upon receipt of notice from the executive director that
the AMOC plan has received preliminary approval, the AMOC applicant, at the
applicant's own expense, shall cause to be published notice of the applicant's
intent to obtain an AMOC plan and of the opportunity to submit written comments.
Notice shall be consistent with §115.915 of this title (relating to Public
Notice Format).
(4) The executive director shall consider and prepare a written
response to all significant and timely written comments filed in connection
with an AMOC plan.
(5) In response to the written comments, the executive director
may modify the provisions of the AMOC plan, deny the AMOC plan, or approve
the AMOC plan without changes.
(6) The executive director shall send written notice of his/her
final determination concerning each AMOC plan to the submitter of the plan,
the EPA regional office, any local pollution control program with jurisdiction
over the account affected by the AMOC plan, and to each person who submitted
timely written comments. Such notice shall include final AMOC plan provisions,
a copy of the response to comments, and an announcement of the opportunity
to appeal the executive director's determination to the commission. The notice
required by this subsection shall be sent by a means evidencing receipt.
(7) Any person entitled to notice under paragraph (6) of this
section may, within 15 days of the receipt of such notice, file with the executive
director an appeal of the final determination on the AMOC plan. Such appeal
shall be considered at the next regularly scheduled meeting of the commission
for which adequate notice may be made. Based on arguments submitted to the
commission during such appeal, the commission may remand the AMOC determination
to the executive director, deny the AMOC plan, or issue the AMOC plan unchanged.
(8) Within 45 days of final approval of the AMOC plan by the
executive director, EPA may notify the commission of EPA's disapproval of
the executive director's final decision. Such notification shall be in writing
and shall include a statement of the reason(s) for the disapproval and a specific
listing of changes to the AMOC plan that must be made in order to overcome
the disapproval. Any time prior to the expiration of the 45-day period, EPA
may notify the executive director that no disapproval is forthcoming. Upon
receipt of a timely EPA disapproval, the executive director shall void or
revise the AMOC plan, and reissue the notice as required by paragraph (6)
of this section.
(9) If no appeal of the executive director's decision to approve
the AMOC plan is filed pursuant to paragraph (7) of this section, the AMOC
plan becomes effective upon the acceptance of the plan by EPA as described
in paragraph (11) of this section.
(10) If an appeal of the executive director's decision is filed,
the AMOC plan becomes effective upon the latter of the acceptance of the AMOC
plan by the commission or the acceptance of the AMOC plan by EPA.
(11) EPA acceptance is defined as explicit approval of the
AMOC plan by EPA, notification by EPA to the executive director that no EPA
disapproval is forthcoming, or failure of EPA to file notice of disapproval
within 45 days after the executive director's final decision to approve the
AMOC plan.
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