| (a) The notice and comment hearing requirements apply only
to the initial issuance of an electric generating facility permit (EGFP).
(b) The commission shall decide whether to hold a hearing.
The commission is not required to hold a hearing if the basis of the request
by a person who may be affected by emissions from a grandfathered or electing
electric generating facility (EGF) or a facility described in §116.911(f)
of this title (relating to Electric Generating Facility Permit Application)
is determined to be unreasonable. If a hearing is requested by a person who
may be affected by emissions from a grandfathered or electing EGF or a facility
described in §116.911(f) of this title, and that request is reasonable,
the commission shall hold a hearing.
(c) At the applicant's expense, notice of a hearing on a draft
EGFP must be published in the public notice section of one issue of a newspaper
of general circulation in the municipality in which the grandfathered or electing
EGF or a facility described in §116.911(f) of this title is located,
or in the municipality nearest to the location of the grandfathered or electing
EGF or a facility described in §116.911(f) of this title. 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.
(d) Any person, including the applicant, may submit oral or
written statements and data concerning the draft EGFP.
(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.
(e) A tape recording or written transcript of the hearing must
be made available to the public.
(f) Any person, including the applicant, who believes that
any condition of the draft EGFP is inappropriate or that the preliminary decision
to issue or deny the permit is inappropriate, shall raise all issues and submit
all arguments supporting that position by the end of the public comment period.
(g) Any supporting materials for comments submitted under subsection
(f) 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.
(h) The commission shall keep a record of all comments received
and issues raised in the hearing. This record is available to the public.
(i) The draft EGFP may be changed based on comments pertaining
to whether the permit provides for compliance with the requirements of this
subchapter.
(j) The commission shall respond to comments consistent with §116.922
of this title (relating to Notice of Final Action).
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