|(a) Notice and comment hearing requirements apply to initial
issuances, significant permit revisions, reopenings, and renewals.
(b) Any hearing regarding a permit will be conducted under
the procedures in this section, and not under the APA.
(c) Any person who may be affected by emissions from a site
regulated under this chapter may request the executive director to hold a
hearing on the draft permit. The request must be made during the 30-day public
(d) The executive director shall decide whether to hold a hearing.
The executive director is not required to hold a hearing if the basis of the
request by a person who may be affected by emissions from a site is determined
to be unreasonable. If a hearing is requested by a person who may be affected
by emissions from a site regulated under this chapter, and that request is
reasonable, the executive director shall hold a hearing.
(e) At the applicant's expense, notice of a hearing on a draft
permit must be published in the public notice section of one issue of a newspaper
of general circulation in the municipality in which the site or proposed site
is located, or in the municipality nearest to the location of the site or
proposed site. The notice must be published at least 30 days before the date
set for the hearing. The notice must include the following:
(1) the time, place, and nature of the hearing;
(2) a brief description of the purpose of the hearing; and
(3) the name and phone number of the commission office to be
contacted to verify that a hearing will be held.
(f) The applicant shall submit a copy of the notice of hearing
and date of publication to the executive director and all local air pollution
control agencies with jurisdiction in the county in which the site is located.
(g) At the executive director's discretion, the hearing notice
may be combined with the notice of the draft permit required by this chapter.
(h) Any person, including the applicant, may submit oral or
written statements and data concerning the draft permit.
(1) Reasonable time limits may be set for oral statements,
and the submission of statements in writing may be required.
(2) The period for submitting written comments is automatically
extended to the close of any hearing.
(3) At the hearing, the period for submitting written comments
may be extended beyond the close of the hearing.
(i) A tape recording or written transcript of the hearing must
be made available to the public.
(j) Any person, including the applicant, who believes that
any condition of the draft permit is inappropriate or that the preliminary
decision to issue or deny the permit is inappropriate, shall raise all reasonably
ascertainable issues and submit all reasonably available arguments supporting
that position by the end of the public comment period.
(k) Any supporting materials for comments submitted under subsection
(j) of this section must be included in full and may not be incorporated by
reference, unless the materials are one of the following:
(1) already part of the administrative record in the same proceedings;
(2) state or federal statutes and regulations;
(3) EPA documents of general applicability; or
(4) other generally available reference materials.
(l) The executive director shall keep a record of all comments
received and issues raised in the hearing. This record is available to the
(m) The draft permit may be changed based on comments pertaining
to whether the permit provides for compliance with the requirements of this
(n) The executive director shall respond to comments consistent
with §122.345 of this title (relating to Notice of Proposed Final Action).