Section 326IAC2-8-13. Public notice

   (a) Any person applying for a FESOP upon land which 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 FESOP application, make a reasonable effort to provide notice to all owners or occupants of land adjoining the land which is the subject of the application. Each applicant shall pay the cost of compliance with this requirement. The notice shall be in writing and include the date on which the application was submitted and a brief description of the subject of the application.

  (b) Each applicant for a FESOP shall do the following:

(1) Place a copy of the permit application or permit modification application, and any information submitted to the department for public review at a library in the county where the source is 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 FESOP application and related information previously placed at the public library anytime not earlier than sixty (60) days after the final FESOP has become effective.

  (c) Prior to issuing a FESOP, the draft permit shall be available for review in the following manner:

(1) The commissioner shall notify the public of the draft FESOP by publishing, in a minimum of one (1) newspaper of general circulation in the county where the source is located, a notice which includes the following:

(A) Notification of receipt of the permit application.

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

(C) Notification to the public of at least a thirty (30) day period for submitting written comments to the commissioner.

(D) Notification to the public of the opportunity for a public hearing for consideration of the permit application or notice of such a hearing if one has been scheduled.

(E) Notification to the public that a copy of the application and commissioner's analysis thereof are available for inspection in a convenient public office building in the area where the source is located.

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

(3) All comments received during the public comment period shall be considered by the commissioner before the commissioner finally approves or disapproves the permit.

(4) There shall be an opportunity for a public hearing if deemed necessary by the commissioner.

(5) Notification in writing of the final determination shall be given according to IC 13-15-5-3, and such notification shall be made available for public inspection in the same public office buildings to be notified under subdivision (1)(E).

(6) 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.

(7) The commissioner may impose such conditions on the permit as necessary to ensure that the source or facility will comply with all applicable rules; and that the ambient air quality standards established under 326 IAC 1-3, the prevention of significant deterioration standards established under 326 IAC 2-2, and the offset requirements established under 326 IAC 2-3, will be attained and maintained and that the public health will be protected.

(Air Pollution Control Division; 326 IAC 2-8-13; filed May 25, 1994, 11:00 a.m.: 17 IR 2278; errata filed May 25, 1994, 11:10 a.m.: 17 IR 2358; filed Apr 22, 1997, 2:00 p.m.: 20 IR 2361)