For part 70 permits, the agency shall develop a statement that sets forth the legal and factual basis for the draft permit conditions, including references to the applicable statutory or regulatory provisions. The agency shall send this statement to the EPA and to any other person who requests it.
The agency shall comply with the following procedures before issuing, reissuing, or making a major amendment to any part 70 permit.
The agency shall give notice:
by publication in a newspaper of general circulation in the area where the stationary source is located;
in a list provided to the public by the agency upon request;
to persons on a mailing list developed by the agency, including those who request in writing to be on the list; and
by other means if necessary to assure adequate notice to the affected public.
The notice shall identify the name and location of the facility to be permitted; the name and address of the permittee; the name and address of the agency; the activity or activities involved in the permit action; the emissions change involved in any permit amendment; whether the facility has filed a pollution prevention progress report to the commissioner as required by Minnesota Statutes, section 115D.08; the name, address, and telephone number of a person from whom interested persons may obtain additional information, including copies of the permit draft, the application, all relevant supporting materials, and all other materials available to the agency that are relevant to the permit decision; a brief description of the comment procedures required by this part; and the time and place of any meeting or hearing that may be held, including a statement of procedures to request a meeting or hearing under subpart 3, unless a meeting or hearing has already been scheduled.
The agency shall provide at least 30 days for public comment and shall give notice of any public informational meeting or contested case hearing at least 30 days in advance of the meeting or hearing. The provisions of part 7001.0110 applies to public comments received under this part.
The agency shall keep a record of the commenters and also of the issues raised during the public participation process, so that the administrator can determine whether a citizen petition may be granted. The records shall be available to the public.
Before issuing or reissuing a state permit, the agency shall comply with the procedures in item A, subitems (1) to (3). However, instead of providing notice in a newspaper of general circulation as required by item A, subitem (1), unit (a), the agency may provide the notice in the State Register or other EPA approved general circulation notice procedure. The requirements of this item also apply to any major amendment to a state permit described in part 7007.1500, subpart 1, items C and D, if authorized or required by the administrator.
If the agency determines that a proposed major amendment to a state permit not described in item B involves issues that generate or are likely to generate significant material adverse comment from the public, based on previous adverse public comment on the proposed amendment or related issues, the agency shall comply with the procedures of item A, subitems (1) to (3), before issuing the amendment. However, the agency may provide the notice required by this item in either a newspaper of general circulation or the State Register.
(1) If the agency determines that a proposed minor or moderate amendment to a permit involves issues that generate or are likely to generate significant material adverse comment from the public, based on previous adverse public comment on the proposed amendment or related issues, the agency shall comply with the procedures of item A, subitems (1) to (3), before issuing the amendment. However, the agency may provide the notice required by this item in either a newspaper of general circulation or the State Register.
A proposed minor permit amendment may be made subject to the public notice and comment procedures only if the agency notifies the permittee of its determination within 15 working days of receiving the minor amendment application. If the permittee has properly proceeded with a modification under part 7007.1450, subpart 7, before receiving the agency's determination, the permittee will not be subject to enforcement action for proceeding, but will be required to cease construction and operation of the modification within a reasonable period. The agency will consult with the permittee on when it is reasonable to cease construction and operation. A proposed moderate permit amendment may be made subject to the public notice and comment procedures any time prior to the agency's issuance of a letter of approval authorizing construction under part 7007.1450, subpart 7.
The agency shall upon request provide a list which summarizes current activities involving permit applications, minor, moderate, and major amendment applications, and requests for administrative amendments. The agency may use an electronic bulletin board in lieu of a written list.
During the public comment period, a person may, in regard to any draft permit or amendment subject to public notice under subpart 2, items A to D, petition for:
placement of the permit on the agenda of an agency board meeting pursuant to part 7000.0650, subpart 3.
The decision to grant or deny the petition for a public informational meeting shall be based on the criteria in part 7001.0120 and any meeting held shall be in accordance with that part. The decision to grant or deny the petition for a contested case hearing shall be based on the criteria in part 7000.1900 and any hearing held shall be in accordance with parts 7000.1700 to 7000.2200, and 7001.0130.
In addition to the requirements of this part, the agency shall also comply with all other federal requirements for public participation applicable to permits and permit amendments which include title I conditions, including requirements in Code of Federal Regulations, title 40, sections 51.102, 51.161, and 51.166(Q), as amended, to the extent applicable.
18 SR 1059; 19 SR 1310
November 29, 2007