- (a) All initial permit issuances, significant modifications, minor modifications, and renewals shall afford the public the opportunity to comment.
(b) Public notice shall be given:
(1)
- (A) By publication of notice of application receipt by the Division of Environmental Quality in a newspaper of general circulation in the county in which the proposed facility or activity is to be located, in accordance with the Arkansas Pollution Control and Ecology Commission’s Administrative Procedures, 8 CAR pt. 11.
- (B) Minor permit modification applications are exempt from this requirement.
- (C) In the event the local newspaper is unable or unwilling to publish the notice, notice may be published in a newspaper in general circulation through the state;
- (2) By the availability for public inspection in at least one (1) location in the area where the source is located and in the division’s central offices of the permit application submitted by the owner or operator and the division’s draft permitting decision and analysis of the effect of the proposed emissions on air quality;
(3)
- (A) By publication of a notice of the division’s draft permitting decision in a newspaper of general circulation in the county in which the proposed facility or activity is to be located, in accordance with 8 CAR pt. 11.
- (B) In the event the local newspaper is unable or unwilling to publish the notice, notice may be published in a newspaper in general circulation through the state;
- (4) To the mayor of the community in which the source is located;
- (5) To the county judge of the county in which the source is located;
- (6) To persons on a mailing list developed by the division, including those who request in writing to be on the list; and
- (7) By other means if necessary to ensure adequate notice to the affected public.
(c) The notice of subdivision (b)(3) of this section shall:
- (1) Identify the affected facility;
- (2) Identify the name and address of the permittee;
- (3) Identify the name and address of the division;
- (4) Identify the activity or activities involved in the permit action;
- (5) Identify the emissions change involved in any permit modification;
(6) Identify the name, address, and telephone number of a person from whom interested persons may obtain additional information, including:
- (A) Copies of the permit draft;
- (B) The application;
- (C) All relevant supporting materials; and
- (D) All other materials available to the division that are relevant to the permit decision;
- (7) Include a brief description of the comment procedures required by this part; and
- (8) Include a statement of procedures to request a hearing.
- (d) The division shall provide such notice and opportunity for participation by affected states as is provided for in this section.
- (e) The division shall provide at least thirty (30) days for public comment on its draft permitting decision and shall give notice of any public hearing at least thirty (30) days in advance of the hearing.
- (f) The division shall keep a record of the commenters and also of the issues raised during the public participation process so that the Administrator of the Environmental Protection Agency may fulfill his or her obligation under Section 505(b)(2) of the Act to determine whether a citizen petition may be granted, and such records shall be available to the public.