210

NOTICE AND COMMENT PRIOR TO PERMIT ISSUANCE

210.1 Before issuing a permit under this chapter, the Department shall prepare a draft permit and provide adequate notice to ensure that the affected community and the general public have reasonable access to the application and draft permit information.

210.2 With the exception of any information that the Department deems is confidential, the Department shall make available for public inspection:

1. (a) The application for a permit and any additional information that the Department requests;
2. (b) The Department's analysis of the application, including, where required or deemed appropriate, an ambient air quality analysis, a regulatory review, and a control technology review; and
3. (c) The draft permit or justification for denial.

210.3 The Department shall publish a notice regarding the draft permit or denial in the D.C. Register and shall make the information in § 210.2 available for public inspection at the Department's office. In addition, the Department shall use at least one (1) of the following procedures to ensure appropriate means of notification:

1. (a) Mail or e-mail a copy of the notice to persons on a mailing list that the Department develops consisting of those persons who have requested to be placed on such a mailing list;
2. (b) Post the notice on the Department's website;
3. (c) Publish the notice in a newspaper of general circulation in the area affected by the source;
4. (d) Provide copies of the notice for posting at one (1) or more locations in the area affected by the source, such as post offices, libraries, community centers, or other gathering places in the community; or
5. (e) Employ other means of notification as appropriate.

210.4 The notice shall include the following information at a minimum:

1. (a) Identifying information of the source, including the name and address of the facility, and the name and telephone number of the facility manager or other contact person;

(b) For preconstruction permits (including source category permits), the regulated NSR pollutants to be emitted, the affected emissions units, and the emission limitations for each affected emissions unit;

(c) For preconstruction permits, the emissions change involved in the permit action;

(d) The name, address, and telephone number of a contact person in the Department from whom additional information may be obtained;

(e) Locations and times of availability of the information in § 210.2; and

(f) A statement that any person may submit written comments, a written request for a public hearing, or both, on the draft permit action within thirty (30) days from the date of the public notice.

210.5 By mail or e-mail, a copy of the notice shall be sent to the applicant, the EPA, through Region III, and to all Affected States (as defined in 20 DCMR § 399) for the following permits:

(a) All NSR permits issued pursuant to § 204; and

(b) All source category permits, when initially issued.

SOURCE: Final Rulemaking published at 59 DCR 13044 (November 16, 2012).