- (a) General. No permit shall be issued, denied, or modified unless the public has first had an opportunity to comment on the information submitted by the owner/operator and the Division of Environmental Quality’s analysis, as demonstrated by the permit record, of the effect of construction or modification on ambient air quality, including the division’s proposed approval or disapproval of the permit.
(b) Public availability of information.
(1) For purposes of this section, opportunity to comment shall include, at a minimum:
- (A) Availability for the public inspection in at least one (1) location in the area where the source is located, or proposes to locate, and in the division’s central offices of:
(i) The division’s draft decision;
(ii) Information submitted by the owner/operator; and
- (iii) Any information developed by the division in support of its draft permit decision;
- (B) A thirty-day period for submittal of public comment (beginning on the date of the latest newspaper notice, ending on the date thirty (30) days later);
(C)
- (i) Publication in a newspaper of general circulation in the area where the source is located or proposes to locate, and in a state publication designed to give general public notice.
- (ii) Such notice shall, as a minimum, describe the:
- (a) (a) Locations at which the information submitted by the owner/operator and the division’s analysis of this information may be inspected; and
(b) (b) Procedure for submitting public comment;
(D) A copy of the notice, required pursuant to this section, shall be sent to the owner/operator and to the:
(i) Mayor of the community where the stationary source is proposed to be constructed or modified; and
- (ii) County judge of the county where the stationary source is proposed to be constructed or modified; and
- (E) Public comments addressing the technical merits of the permit application and the division’s analysis of the effect of the proposed emissions on air quality submitted in accordance with procedures in the public notice shall be considered by the division prior to making its final decision.
(2)
- (A) The division shall take final action on a permit application after the close of the public comment period.
- (B) The division shall notify in writing the owner/operator and any person that submitted a written comment of the division’s final action and the division’s reasons for its final action.