(1) Issuing the Notice. Before issuing an approval or disapproval order of the proposed construction, installation, modification, relocation, or establishment, the director shall:
- (a) publish a legal notice of the intent to approve or disapprove on the public legal notice website under Subsection 45-1-101(2);
- (b) notify the public of the intent to approve or disapprove on the Division's website; and
- (c) post the draft permit and administrative record for the draft permit, or information on how to access the administrative record for the draft permit, on the Division's website during the public comment period.
(2) Opportunity for Review and Comment.
- (a) At least one location will be provided where the information submitted by the owner or operator, the director's analysis of the notice of intent proposal, and the proposed approval order conditions will be available for public inspection.
(b) Public Comment.
- (i) A 30-day public comment period will be established.
- (ii) A request to extend the length of the comment period, up to 30 days, may be submitted to the director within 15 days of the date the legal notice in Subsection R307-401-7(1)(a) is published.
- (iii) Public Hearing. A request for a hearing on the proposed approval or disapproval order may be submitted to the director within 15 days of the date the legal notice in Subsection R307-401-7(1)(a) is published.
- (iv) The hearing will be held in the area of the proposed construction, installation, modification, relocation, or establishment.
- (v) The public comment and hearing procedure may not be required when an order is issued to extend the time required by the director to review plans and specifications.
- (3) The director will consider comments received during the public comment period and at the public hearing and, if appropriate, will make changes to the proposal in response to comments before issuing an approval order or disapproval order.
KEY: air pollution, permits, approval orders, greenhouse gases
Date of Last Change: December 19, 2025
Notice of Continuation: May 4, 2022
Authorizing, and Implemented or Interpreted Law: 19-2-104(3)(b)(iii); 19-2-108