Section 326IAC2-7-17. Public participation and notice to affected states

   (a) Any person applying for a Part 70 permit upon land that is either undeveloped or for which a valid existing permit has not been issued shall, not more than ten (10) working days after submitting the Part 70 permit application, make a reasonable effort to provide notice to all owners or occupants of land adjoining the land that is the subject of the application. Each applicant shall pay the cost of compliance with this requirement. The notice shall:

(1) be in writing; and

(2) include:

(A) the date on which the application was submitted; and

(B) a brief description of the subject of the application.

  (b) Each applicant for a Part 70 permit shall do the following:

(1) Place a copy of the permit application, permit modification application, and any additional information submitted to the department for public review at a library in the county where the source is located or will be located not later than ten (10) days after submitting the permit application, permit modification application, or additional information to the department.

(2) Provide the commissioner with the location of the library where the copy may be found.

(3) Comply with the requirements of subdivisions (1) and (2) when providing any additional material regarding the application to the department.

(4) The applicant may remove the Part 70 permit application and related information previously placed at the public library anytime not earlier than sixty (60) days after the final Part 70 permit has become effective.

  (c) All Part 70 permit proceedings, including initial Part 70 permit issuance, significant modifications, minor permit modifications, and renewals, shall provide adequate procedures for public notice, including offering an opportunity for public comment and a hearing on the draft Part 70 permit as follows:

(1) Prior to issuing a Part 70 permit, the draft permit shall be available for review in the following manner:

(A) The commissioner shall notify the public of the draft Part 70 permit as follows:

(i) By publication in a newspaper of general circulation in the area where the source is located or in a state publication designed to give general public notice.

(ii) To persons on a mailing list developed by the commissioner, including those who request in writing to be on the list.

(iii) By other means if necessary to assure adequate notice to the affected public.

(B) The notice shall identify the following:

(i) The affected facility.

(ii) The name and address of the permittee.

(iii) The name and address of the commissioner processing a Part 70 permit.

(iv) The activity or activities involved in a Part 70 permit action and information sufficient to notify the public as to the emissions implications of those activities.

(v) The emissions change involved in any Part 70 permit modification.

(vi) The name, address, and telephone number of a person from whom interested persons may obtain additional information, including copies of a Part 70 permit draft, the application, all relevant supporting materials, and all other materials available to the commissioner that are relevant to a Part 70 permit decision.

(C) The notice shall include the following:

(i) Notification of receipt of the permit application.

(ii) The commissioner's draft approval of the permit application.

(iii) Notification to the public of the following:

(AA) At least a thirty (30) day period for submitting written comments to the commissioner and a brief description of the comment procedures required by this section.

(BB) The opportunity for a public hearing including a statement of procedures to request a hearing (unless a hearing has already been scheduled) for consideration of the permit application. Notification including the time and place of any hearing that may be held shall be given at least thirty (30) days in advance of the hearing if such a hearing has been scheduled.

(CC) That a copy of the application and commissioner's analysis thereof are available for inspection at the library designated in subsection (b).

(2) A copy of the notice provided under subdivision (1) shall also be provided to the appropriate federal, state, or local agency.

(3) The commissioner shall do the following:

(A) Provide notice and opportunity for participation by affected states. Except as otherwise waived by the U.S. EPA, the commissioner shall give notice of each draft permit to any affected state on or before the time that the commissioner provides notice to the public under this section, except to the extent that section 12(b) and 12(c) of this rule requires timing of the notice to be different.

(B) Keep a record of the commenters and also of the issues raised during the public participation process so that the U.S. EPA may fulfill its obligation under Section 505(b)(2) of the CAA to determine whether a citizen petition may be granted. The records shall be available to the public.

(C) Prepare a written response to comments that shall be available to the public at the time a proposed permit is submitted to the U.S. EPA.

(4) Notification, in writing, of the final determination shall be:

(A) given according to IC 13-15-5-3; and

(B) made available for public inspection at the public library identified in subsection (b)(2).

(5) A permit may be denied by the commissioner on the basis of adverse comment if the comment demonstrates the following:

(A) The ambient air quality standards under 326 IAC 1-3 cannot be attained or maintained if a permit is issued.

(B) The prevention of significant deterioration requirements under 326 IAC 2-2 will not be met.

(C) The offset requirements under 326 IAC 2-3 will not be satisfied.

(D) For any other reason such as, but not limited to, interference with attainment and maintenance of the standards under 326 IAC 12.

(Air Pollution Control Division; 326 IAC 2-7-17; filed May 25, 1994, 11:00 a.m.: 17 IR 2266; filed Apr 22, 1997, 2:00 p.m.: 20 IR 2348; filed Feb 6, 2012, 2:54 p.m.: 20120307-IR-326090493FRA)