| (a) Applicants shall use notice text provided and approved
by the agency. The executive director may approve changes to notice
text before notice being given.
(b) When Notice of Receipt of Application and Intent
to Obtain Permit by publication or by mail is required by Subchapters
H and K of this chapter (relating to Applicability and General Provisions
and Public Notice of Air Quality Permit Applications) for air quality
permit applications, those applications are subject to subsections
(e) - (h) of this section. When notice of receipt of application and
intent to obtain permit by publication or by mail is required by Subchapters
H - J and L of this chapter (relating to Applicability and General
Provisions, Public Notice of Solid Waste Applications, Public Notice
of Water Quality Applications and Water Quality Management Plans,
and Public Notice of Injection Well and Other Specific Applications),
Subchapter G of this chapter (relating to Public Notice for Applications
for Consolidated Permits), or for Subchapter M of this chapter (relating
to Public Notice for Radioactive Material Licenses), the text of the
notice must include the following information:
(1) the name and address of the agency and the telephone
number of an agency contact from whom interested persons may obtain
further information;
(2) the name, address, and telephone number of the
applicant and a description of the manner in which a person may contact
the applicant for further information;
(3) a brief description of the location and nature
of the proposed activity;
(4) a brief description of public comment procedures,
including:
(A) a statement that the executive director will respond
to comments raising issues that are relevant and material or otherwise
significant; and
(B) a statement in the notice for any permit application
for which there is an opportunity for a contested case hearing, that
only disputed factual issues that are relevant and material to the
commission's decision that are raised during the comment period can
be considered if a contested case hearing is granted;
(5) a brief description of procedures by which the
public may participate in the final permit decision and, if applicable,
how to request a public meeting, contested case hearing, reconsideration
of the executive director's decision, a notice and comment hearing,
or a statement that later notice will describe procedures for public
participation, printed in a font style or size that clearly provides
emphasis and distinguishes it from the remainder of the notice. The
notice should include 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
or there is substantial public interest in the proposed activity;
(6) the application or permit number;
(7) if applicable, a statement that the application
or requested action is subject to the Coastal Management Program and
must be consistent with the Coastal Management Program goals and policies;
(8) the location, at a public place in the county in
which the facility is located or proposed to be located, at which
a copy of the application is available for review and copying;
(9) a description of the procedure by which a person
may be placed on a mailing list in order to receive additional information
about the application;
(10) for notices of municipal solid waste applications,
a statement that a person who may be affected by the facility or proposed
facility is entitled to request a contested case hearing from the
commission. This statement must be printed in a font style or size
that clearly provides emphasis and distinguishes it from the remainder
of the notice; and
(11) any additional information required by the executive
director or needed to satisfy public notice requirements of any federally
authorized program; or
(12) for radioactive material licenses under Chapter
336 of this title (relating to Radioactive Substance Rules), if applicable,
a statement that a written environmental analysis on the application
has been prepared by the executive director, is available to the public
for review, and that written comments may be submitted; and
(13) for Class 3 modifications of hazardous industrial
solid waste permits, the statement "The permittee's compliance history
during the life of the permit being modified is available from the
agency contact person."
(c) Unless mailed notice is otherwise provided for
under this section, the chief clerk shall mail Notice of Application
and Preliminary Decision to those listed in §39.413 of this title
(relating to Mailed Notice). When notice of application and preliminary
decision by publication or by mail is required by Subchapters G -
J and L of this chapter, the text of the notice must include the following
information:
(1) the information required by subsection (b)(1) -
(11) of this section;
(2) a brief description of public comment procedures,
including a description of the manner in which comments regarding
the executive director's preliminary decision may be submitted, or
a statement in the notice for any permit application for which there
is an opportunity for contested case hearing, that only relevant and
material issues raised during the comment period can be considered
if a contested case hearing is granted. 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 notice;
(3) if the application is subject to final approval
by the executive director under Chapter 50 of this title (relating
to Action on Applications and Other Authorizations), a statement that
the executive director may issue final approval of the application
unless a timely contested case hearing request or a timely request
for reconsideration (if applicable) is filed with the chief clerk
after transmittal of the executive director's decision and response
to public comment;
(4) a summary of the executive director's preliminary
decision and whether the executive director has prepared a draft permit;
(5) the location, at a public place 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 preliminary
decision are available for review and copying;
(6) the deadline to file comments or request a public
meeting. The notice should include 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 or there is substantial public interest in the proposed
activity; and
(7) for radioactive material licenses under Chapter
336 of this title, if applicable, a statement that a written environmental
analysis on the application has been prepared by the executive director,
is available to the public for review, and that written comments may
be submitted.
(d) When notice of a public meeting or notice of a
hearing by publication or by mail is required by Subchapters G - J
and L of this chapter, the text of the notice must include the following
information:
(1) the information required by subsection (b)(1) -
(3), (6) - (8), and (11) of this section;
(2) the date, time, and place of the meeting or hearing,
and a brief description of the nature and purpose of the meeting or
hearing, including the applicable rules and procedures; and
(3) for notices of public meetings only, a brief description
of public comment procedures, including a description of the manner
in which comments regarding the executive director's preliminary decision
may be submitted and a statement in the notice for any permit application
for which there is an opportunity for contested case hearing, that
only relevant and material issues raised during the comment period
can be considered if a contested case hearing is granted.
(e) When Notice of Receipt of Application and Intent
to Obtain Permit by publication or by mail is required by Subchapters
H and K of this chapter for air quality permit applications, the text
of the notice must include the information in this subsection:
(1) the name and address of the agency and the telephone
number of an agency contact from whom interested persons may obtain
further information;
(2) the name, address, and telephone number of the
applicant and a description of the manner in which a person may contact
the applicant for further information;
(3) a brief description of the location and nature
of the proposed activity;
(4) a brief description of public comment procedures,
including:
(A) a statement that the executive director will respond
to:
(i) all comments regarding applications for Prevention
of Significant Deterioration and Nonattainment permits under Chapter
116, Subchapter B of this title (relating to New Source Review Permits)
and Plant-wide Applicability Limit permits under Chapter 116 of this
title (relating to Control of Air Pollution by Permits for New Construction
or Modification);
(ii) all comments regarding applications subject to
the requirements of Chapter 116, Subchapter E of this title (relating
to Hazardous Air Pollutants: Regulations Governing Constructed or
Reconstructed Major Sources (FCAA, §112(g), 40 CFR Part 63)),
whether for construction or reconstruction; and
(iii) for all other air quality permit applications,
comments raising issues that are relevant and material or otherwise
significant; and
(B) a statement in the notice for any air quality permit
application for which there is an opportunity for a contested case
hearing, that only disputed factual issues that are relevant and material
to the commission's decision that are raised during the comment period
can be considered if a contested case hearing is granted;
(5) a brief description of procedures by which the
public may participate in the final permit decision and, if applicable,
how to request a public meeting, contested case hearing, reconsideration
of the executive director's decision, a notice and comment hearing,
or a statement that later notice will describe procedures for public
participation, printed in a font style or size that clearly provides
emphasis and distinguishes it from the remainder of the notice. Where
applicable, the notice should include 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 if there is substantial public interest in the proposed
activity when requested by any interested person for the following
applications:
(A) air quality permit applications subject to the
requirements for Prevention of Significant Deterioration and Nonattainment
in Chapter 116, Subchapter B of this title;
(B) applications for the establishment or renewal of,
or an increase in, a plant-wide applicability limit subject to Chapter
116 of this title; and
(C) applications subject to the requirements of Chapter
116, Subchapter E of this title, whether for construction or reconstruction;
(6) the application or permit number;
(7) if applicable, a statement that the application
or requested action is subject to the Coastal Management Program and
must be consistent with the Coastal Management Program goals and policies;
(8) the location, at a public place in the county in
which the facility is located or proposed to be located, at which
a copy of the application is available for review and copying;
(9) a description of the procedure by which a person
may be placed on a mailing list in order to receive additional information
about the application;
(10) at a minimum, a listing of criteria pollutants
for which authorization is sought in the application which are regulated
under national ambient air quality standards or under state standards
in Chapters 111 - 113, 115, and 117 of this title (relating to Control
of Air Pollution from Visible Emissions and Particulate Matter, Control
of Air Pollution from Sulfur Compounds, Standards of Performance for
Hazardous Air Pollutants and for Designated Facilities and Pollutants,
Control of Air Pollution from Volatile Organic Compounds, and Control
of Air Pollution from Nitrogen Compounds);
(11) If notice is for any air quality permit application
except those listed in paragraphs (12) and (15) of this subsection,
the following information must be printed in a font style or size
that clearly provides emphasis and distinguishes it from the remainder
of the notice:
(A) a statement that a person who may be affected by
emissions of air contaminants from the facility or proposed facility
is entitled to request a contested case hearing from the commission
within the following specified time periods;
(i) for air quality permit applications subject to
the requirements for Prevention of Significant Deterioration and Nonattainment
permits in Chapter 116, Subchapter B of this title a statement that
a request for a contested case hearing must be received by the commission
by the end of the comment period or within 30 days after the mailing
of the executive director's response to comments;
Cont'd... |
