15A NCAC 02D .2203 PUBLIC NOTICE

(a) The requirements of this Rule for public notice and public hearing shall apply to Consent Orders. The Commission may specify other conditions for Special Orders issued without consent if the conditions are needed to achieve or demonstrate compliance with a requirement under this Subchapter or 15A NCAC 02Q.

(b) Notice of proposed Consent Order:

(1) The Director shall give notice pursuant to G.S. 143‑215.110(a1).

(2) The Director shall give notice of a proposed Consent Order 30 days prior to final action regarding the Consent Order.

(3) The notice shall be posted on the North Carolina Division of Air Quality web site at http://deq.nc.gov/about/divisions/air-quality/air-quality-enforcement/special-orders-by-consent and provided to those persons specified in G.S. 143‑215.110(a1)(1) for air quality special orders.

(4) The notice shall include the following:

(A) name, address, and telephone number of the Division;

(B) name and address of the person to whom the proposed order is directed;

(C) a brief summary of the conditions of the proposed order, including the period of time during which action must be taken to achieve compliance and the major permit conditions or emission standards that the source will be allowed to exceed during the pendency of the order;

(D) a brief description of the procedures to be followed by the Commission or Director in reaching a final decision on the proposed order, which shall include descriptions of the process for submitting comments and requesting a public hearing. The description shall specify that comments and requests for a public hearing are to be received by the Division within 30 days following the date of public notice; and

(E) a description of the information available for public review, where it can be found, and procedures for obtaining copies of pertinent documents.

(1) The Director shall consider requests for a public hearing, and if significant public interest for a public hearing exists, then he or she shall hold a public hearing.

(2) The Director shall give notice of the public hearing not less than 30 days before the hearing.

(4) The notice shall include the information specified in Subparagraph (b)(4) of this Rule. It shall also state the time and location for the hearing and the procedures for providing comment.

(5) The Chairman of the Commission or the Director shall appoint one or more hearing officers to preside over the public hearing and to receive written and oral comments. The hearing officer shall provide the Commission a written report of the hearing, which shall include:

(A) a copy of the public notice;

(B) a copy of the written comments and supporting documentation received;

(D) recommendations of the hearing officer to the Commission; and

(E) a proposed Consent Order for the Commission's consideration.

(d) A person may request to receive copies of notices required by this Rule, and the Director shall provide copies of notices to those who have submitted a request.

(e) A Consent Order may be modified by the Director to incorporate minor modifications, including modification of standard conditions to reflect updated versions of federal or state regulations, correction of typographical errors, or interim date extensions, without public notice provided that the modifications do not extend the final compliance date by more than four months.

History Note: Authority G.S. 143‑215.2; 143‑215.3(a)(1); 143‑215.3(a)(3); 143‑215.3(a)(4); 143‑215.110;

Eff. April 1, 2004;

Readopted Eff. February 1, 2018;

Amended Eff. September 1, 2023.