Alaska Admin. Code tit. 20, § 25.1150 – Public hearing; notice; public comment

(a) The commission will hold a public hearing subject to the requirements of AS 41.06.125 and this section before issuing or denying a completed storage facility permit application or issuing a modification and revocation of a permit under 20 AAC 25.1410.
(b) The commission will give not less than 30 days' notice of a public hearing under this section and will allow not less than 30 days for public comment. The time for public comment under this subsection may end after a public hearing that is scheduled on the issue.
(c) In addition to publication of notice required by AS 31.05.050(b), the commission will provide notice and a fact sheet, permit application, and draft permit accessible by an electronic link by electronic mail or if requested by the intended recipient, by United States Postal Service mail to the persons identified in AS 41.06.125 (b), and to
1. (1) the storage operator;
2. (2) the U.S. Environmental Protection Agency, Region 10, Drinking Water program;
3. (3) the U.S. Environmental Protection Agency, Underground Injection Control Program;
4. (4) the Alaska Department of Fish and Game;
5. (5) the Alaska Department of Natural Resources;
6. (6) the Alaska Historical Commission;
7. (7) The Office of History and Archeology within the Alaska Department of Natural Resources;
8. (8) the Alaska Department of Environmental Conservation;
9. (9) any affected States and Indian Tribes;
10. (10) other appropriate governmental authorities, including any unit of local government having jurisdiction over the area covered by a proposed storage facility;
11. (11) the U.S. Army Corps of Engineers;
12. (12) federal and state agencies not listed above with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans;
13. (13) persons on an area notice list developed by the commission that includes persons who request in writing to be on the notice list, participants in past permit actions in the area of the proposed storage facility, and by notifying the public, through publication in newspaper of general circulation, or other written publication, including State-funded newsletters, or environmental bulletins of the opportunity to be on the notice list for an area proposed for carbon storage activities;
14. (14) any other federal or state agency or tribe that the commission knows has issued or is required to issue a permit for the same storage facility or carbon storage activity;
(d) A public notice issued under this section must contain the following information:
1. (1) the name and address of the commission processing the permit action for which notice is being given;
2. (2) the name and address of the storage operator, and if different, the facility or activity subject to the hearing;
3. (3) a brief description of the business conducted at the facility or activity described in the permit application or draft permit;
4. (4) a brief summary of the basis for the draft permit conditions, or findings under AS 41.06.170;
5. (5) the name, physical and electronic mailing address, telephone number of a person, and website link information from where an interested person may obtain documents related to the subject of the hearing, including the draft permit, the fact sheet, the application for a storage facility permit or certificate of closure, and further information concerning a permit, other information required by 40 C.F.R. 124.10(d)(1) (public notice of permit actions and public comment period), subpart A (general program requirements), revised as of June 12, 1990, and adopted by reference;
6. (6) a brief description of the public comment process, including the time period in which to submit public comments, the address where to submit comments by writing, through electronic mail, or online comment link, and information on how to attend and participate in a public hearing;
7. (7) any additional information the commission considers necessary or proper.
(e) In addition to the requirements for the contents of a public notice under (d) of this section, a public notice of hearing must contain the following information:
1. (1) reference to the date of previous public notice relating to the permit or storage facility;
2. (2) the date, time, and place of the hearing; and
3. (3) a brief description of the nature of the nature and purpose of the hearing, including applicable rules and procedures.
(f) During the public comment period, and at a public hearing under this section, any person may submit written or oral statements and data concerning the subject of the hearing. The commission may set reasonable limits on the time allowed for oral statements and may require the submission of statements in writing. The commission may, at the hearing, extend the time for submission of written comments. The commission will make a transcript or recording of the hearing available to the public; the commission may produce a written transcript of a hearing under this section.
(g) The commission will consider public comment in making a final decision on a storage facility permit or modification under 20 AAC 25.1410, and will issue a response when the final determination is issued that
1. (1) specifies which provisions, if any, of the draft permit have been changed in the final decision, and the reasons for the change;
2. (2) briefly describes and responds to all significant comments on the draft permit raised during the public hearing or public comment period.
(h) A response to public comments under (g) of this section will be made available to the public.
(i) Public notice and comment under this section is not required for a minor permit modification under 20 AAC 25.1430 or for a permit denial when the commission determines a permit application is incomplete.