15A NCAC 02Q .0307      PUBLIC PARTICIPATION PROCEDURES

(a)  This Rule shall not apply to sources subject to the requirements of 15A NCAC 02D .0530 or .0531 or Appendix S of 40 CFR Part 51. For sources subject to the requirements of 15A NCAC 02D .0530 or .0531 or Appendix S of 40 CFR Part 51, the procedures in 15A NCAC 02D .0530 or .0531 or Appendix S of 40 CFR Part 51 shall be followed, respectively.

(b)  Public notice shall be given by publication in a newspaper of general circulation in the area where the facility is located and shall be provided to persons who are on the Division's notification list for air quality permit notices and to the EPA.

(c)  The public notice shall identify:

(1)           the affected facility;

(2)           the name and address of the permittee;

(3)           the name and address of the person to whom to send comments and requests for public hearing;

(4)           the name, address, and telephone number of a Divisional staff person from whom interested persons may obtain additional information, including copies of the draft permit, the application, compliance plan, monitoring and compliance reports, other relevant supporting materials, and other materials available to the Division that are relevant to the permit decision;

(5)           the activity or activities involved in the permit action;

(6)           the emissions change involved in a permit modification;

(7)           a brief description of the public comment procedures;

(8)           the procedures to follow to request a public hearing unless a public hearing has already been scheduled; and

(9)           the time and place of the hearing that has already been scheduled.

(d)  The notice shall allow not less than 30 days for public and EPA comments.

(e)  If the Director determines that significant public interest exists or that the public interest will be served, the Director shall require a public hearing to be held on a draft permit. Notice of a public hearing shall be given not less than 30 days before the public hearing.

(f)  The Director shall make available for public inspection in the region affected the information submitted by the permit applicant and the Division's analysis of that application.

(g)  The Director shall send EPA a copy of the draft permit subject to public and EPA comment when sending EPA the notice of request for public comment for that permit and shall send EPA a copy of the permit when it is issued.

(h)  Confidential material shall be handled in accordance with 15A NCAC 02Q .0107.

History Note:        Authority G.S. 143‑215.3(a)(1),(3); 143‑215.4(b); 143‑215.108;

Temporary Adoption Eff. March 8, 1994 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. July 1, 1994;

Amended Eff. July 1, 1998;

Readopted Eff. April 1, 2018;

Amended Eff. September 1, 2023.