Iowa Admin. Code r. 567-64.5 - Notice and public participation in the individual NPDES permit process
(1)
Formulation of tentative determination. The department shall
make a tentative determination to issue or deny an operation or NPDES permit
for the discharge described in a permit application in advance of the public
notice as described in 64.5(2).
a. If the
tentative determination is to issue an NPDES permit, the department shall
prepare a permit rationale for each draft permit pursuant to 64.5(3) and a
draft permit. The draft permit shall include the following:
(1) Effluent limitations identified pursuant
to 64.7(2) and 64.7(3), for those pollutants proposed to be limited.
(2) If necessary, a proposed schedule of
compliance, including interim dates and requirements, identified pursuant to
64.7(4) and 64.7(5), for meeting the effluent limitations and other permit
requirements.
(3) Any other special
conditions (other than those required in 64.7(7)) which will have a significant
impact upon the discharge described in the permit
application.
b. If the
tentative determination is to deny an NPDES permit, the department shall
prepare a notice of intent to deny the permit application. The notice of intent
to deny an application will be placed on public notice as described in
64.5(2).
c. If the tentative
determination is to issue an operation permit (non-NPDES permit), the
department shall prepare a final permit and transmit the final permit to the
applicant. The applicant will have 30 days to appeal the final operation
permit.
d. If the tentative
determination is to deny an operation permit (non-NPDES permit), no public
notice is required. The department shall send written notice of the denial to
the applicant. The applicant will have 30 days to appeal the
denial.
(2)
Public notice for individual NPDES permits.
a. Prior to the issuance of an NPDES permit,
a major NPDES permit amendment, or the denial of a permit application for an
NPDES permit, public notice shall be circulated in a manner designed to inform
interested and potentially interested persons of the proposed discharge and of
the tentative determination to issue or deny an NPDES permit for the proposed
discharge.
(1) The public notice shall be
transmitted by the department to the following persons:
1. The applicant;
2. Any other federal or state agency which
has issued or is required to issue an NPDES permit for the same facility or
activity, including EPA;
3. Federal
and state agencies with jurisdiction over fish, shellfish, and wildlife
resources, state historic preservation officers, and affected states (the term
"state" includes Indian tribes treated as states);
4. Any state agency responsible for the
development of an areawide waste treatment management plan or a water quality
standards and implementation plan under CWA Section 208(b)(2), 208(b)(4) or
303(e);
5. The U.S. Army Corps of
Engineers, the U.S. Fish and Wildlife Service and the National Marine Fisheries
Service;
6. Any user identified in
the permit application of a privately owned treatment works;
7. Any unit of local government having
jurisdiction over the area where the facility is located; and
8. Each state agency having any authority
under state law with respect to the construction or operation of such
facility.
(2) The public
notice shall be transmitted by the department to any person upon
request.
(3) Any person or group
may request to receive copies of all public notices concerning the tentative
determinations with respect to the permit applications within the state or
within a certain geographical area. The department shall transmit a copy of all
public notices to such persons or groups.
(4) The department shall periodically notify
the public of the opportunity to receive notices. The director may update the
notice distribution list from time to time by requesting written indication of
continued interest from those listed. The director may delete from the list the
name of any person or group who fails to respond to such a request.
b. The director may publish all
notices of activities described in paragraph "a" of this
subrule to the department's website. If this option is selected for a draft
permit, the director must post the draft permit and permit rationale on the
website for the duration of the public comment period.
c. The department shall provide a period of
not less than 30 days following the date of the public notice during which time
interested persons may submit their written views on the tentative
determinations with respect to the permit application and request a public
hearing pursuant to 64.5(6). Written comments may be submitted by paper or
electronic means. All pertinent comments submitted during the 30-day comment
period shall be retained by the department and considered by the director in
the formulation of the director's final determinations with respect to the
permit application. The period for comment may be extended at the discretion of
the department. Pertinent and significant comments received during either the
original comment period or an extended comment period shall be responded to in
a responsiveness summary pursuant to 64.5(8).
d. The contents of the public notice of a
draft NPDES permit, a major permit amendment, or the denial of a permit
application for an NPDES permit shall include at least the following:
(1) The name, address, and telephone number
of the department.
(2) The name and
address of each applicant.
(3) A
brief description of each applicant's activities or operations which result in
the discharge described in the permit application (e.g., municipal waste
treatment plant, corn wet milling plant, or meat packing plant).
(4) The name of the waterway to which each
discharge of the applicant is made and a short description of the location of
each discharge of the applicant on the waterway.
(5) A statement of the department's tentative
determination to issue, amend, or deny an NPDES permit for the discharge or
discharges described in the permit application.
(6) A brief description of the procedures for
the formulation of final determinations, including the 30-day comment period
required by paragraph "c" of this subrule, procedures for
requesting a public hearing and any other means by which interested persons may
influence or comment upon those determinations.
(7) The address, telephone number, email
address, and website of places at which interested persons may obtain further
information, request a copy of the tentative determination and any associated
documents prepared pursuant to 64.5(1), request a copy of the permit rationale
described in 64.5(3), and inspect and copy permit forms and related
documents.
e. No public
notice is required for a minor permit amendment, including but not limited to
an amendment to correct typographical errors, include more frequent monitoring
requirements, revise interim compliance schedule dates, change an owner or
facility name or address, include a local pretreatment program, or remove a
point source outfall that does not result in the discharge of pollutants from
other outfalls.
f. No public notice
is required when a request for a permit amendment or a request for a
termination of a permit is denied. The department shall send written notice of
the denial to the requester and the permittee only. No public notice is
required if an applicant withdraws a permit application.
(3)
Permit rationales and notices of
intent to deny.
a. When the
department has made a determination to issue an NPDES permit as described in
64.5(1), the department shall prepare and, upon request, shall send to any
person a permit rationale with respect to the application described in the
public notice. The contents of such permit rationales shall include at least
the following information:
(1) A detailed
description of the location of the discharge described in the permit
application.
(2) A quantitative
description of the discharge described in the permit application which
includes:
1. The average daily discharge in
pounds per day of any pollutants which are subject to limitations or
prohibitions under 64.7(2) or Section 301, 302, 306 or 307 of the Act and
regulations published thereunder; and
2. For thermal discharges subject to
limitation under the Act, the average and maximum summer and winter discharge
temperatures in degrees Fahrenheit.
(3) The tentative determinations required
under 64.5(1).
(4) A brief
citation, including a brief identification of the uses for which the receiving
waters have been classified, of the water quality standards applicable to the
receiving waters and effluent standards and limitations applicable to the
proposed discharge.
(5) An
explanation of the principal facts and the significant factual, legal,
methodological, and policy questions considered in the preparation of the draft
permit.
(6) Any calculations or
other necessary explanation of the derivation of effluent
limitations.
b. When the
department has made a determination to deny an application for an NPDES permit
as described in 64.5(1), the department shall prepare and, upon request, shall
send to any person a notice of intent to deny with respect to the application
described in the public notice. The contents of such notice of intent to deny
shall include at least the following information:
(1) A detailed description of the location of
the discharge described in the permit application; and
(2) A description of the reasons supporting
the tentative decision to deny the permit application.
c. When the department has made a
determination to issue an operation permit as described in 64.5(1), the
department shall prepare a short description of the waste disposal system and
the reasons supporting the decision to issue an operation permit. The
description shall be sent to the operation permit applicant upon
request.
d. When the department has
made a determination to deny an application for an operation permit as
described in 64.5(1), the department shall prepare and send written notice of
the denial to the applicant only. The written denial shall include a
description of the reasons supporting the decision to deny the permit
application.
e. Upon request, the
department shall add the name of any person or group to a distribution list to
receive copies of permit rationales and notices of intent to deny and shall
send a copy of all permit rationales and notices of intent to deny to such
persons or groups.
(4)
Notice to other government agencies. Prior to the issuance of
an NPDES permit, the department shall notify other appropriate government
agencies of each complete application for an NPDES permit and shall provide
such agencies an opportunity to submit their written views and recommendations.
Notifications may be distributed and written views or recommendations may be
submitted by paper or electronic means. Procedures for such notification shall
include the procedures of paragraphs "a" to
"f."
a. At the time of
issuance of public notice pursuant to 64.5(2), the department shall transmit
the public notice to any other state whose waters may be affected by the
issuance of the NPDES permit. Each affected state shall be afforded an
opportunity to submit written recommendations to the department and to the
regional administrator which the director may incorporate into the permit if
issued. Should the director fail to incorporate any written recommendation thus
received, the director shall provide to the affected state or states and to the
regional administrator a written explanation of the reasons for failing to
accept any written recommendation.
b. At the time of issuance of public notice
pursuant to 64.5(2), the department shall send the public notice for proposed
discharges (other than minor discharges) into navigable waters to the
appropriate district engineer of the army corps of engineers.
(1) The department and the district engineer
for each corps of engineers district within the state may arrange for: notice
to the district engineer of minor discharges; waiver by the district engineer
of the right to receive public notices with respect to classes, types, and
sizes within any category of point sources and with respect to discharges to
particular navigable waters or parts thereof; and any procedures for the
transmission of forms, period of comment by the district engineer (e.g., 30
days), and for objections of the district engineer.
(2) A copy of any written agreement between
the department and a district engineer shall be forwarded to the regional
administrator and shall be available to the public for inspection and copying
in accordance with 567-Chapter 2.
c. Upon request, the department shall send
the public notice to any other federal, state, or local agency, or any affected
county, and provide such agencies an opportunity to respond, comment, or
request a public hearing pursuant to 64.5(6).
d. The department shall send the public
notice for any proposed NPDES permit within the geographical area of a
designated and approved management agency under Section 208 of the Act (
33 U.S.C.
1288) .
e. The department shall send the public
notice to the local board of health for the purpose of assisting the applicant
in coordinating the applicable requirements of the Act and Iowa Code chapter
455B with any applicable requirements of the local board of health.
f. Upon request, the department shall provide
any of the entities listed in 64.5(4)"a" through
"e" with a copy of the permit rationale, permit application,
or proposed permit prepared pursuant to 64.5(1).
(5)
Public access to NPDES
information. The records of the department connected with NPDES
permits are available for public inspection and copying to the extent provided
in 567-Chapter 2.
(6)
Public hearings on proposed NPDES permits. The applicant, any
affected state, the regional administrator, or any interested agency, person or
group of persons may request or petition for a public hearing with respect to
an NPDES application. Any such request shall clearly state issues and topics to
be addressed at the hearing. Any such request or petition for public hearing
must be filed with the director within the 30-day period prescribed in
64.5(2)"c" and shall indicate the interest of the party filing
such request and the reasons why a hearing is warranted. The director shall
hold an informal and noncontested case hearing if there is a significant public
interest (including the filing of requests or petitions for such hearing) in
holding such a hearing. Frivolous or insubstantial requests for hearing may be
denied by the director. Instances of doubt should be resolved in favor of
holding the hearing. Any hearing held pursuant to this subrule shall be held in
the geographical area of the proposed discharge when possible, or other
appropriate area at the discretion of the director. Web-based hearings may also
be held at the discretion of the director. In addition, any hearing held
pursuant to this subrule may, as appropriate, consider related groups of permit
applications.
(7)
Public
notice of public hearings on proposed NPDES permits.
a. Public notice of any hearing held pursuant
to 64.5(6) shall be circulated at least as widely as was the notice of the
tentative determinations with respect to the permit application. Notice
pursuant to this paragraph shall be made at least 30 days in advance of the
hearing.
(1) Notice shall be transmitted to
all persons and government agencies which received a copy of the notice for the
permit application; and
(2) Notice
shall be transmitted to any person or group upon request.
b. The contents of public notice of any
hearing held pursuant to 64.5(6) shall include at least the following:
(1) The name, address, and telephone number
of the department;
(2) The name and
address of each applicant whose application will be considered at the
hearing;
(3) The name of the water
body to which each discharge is made and a short description of the location of
each discharge to the water body;
(4) A brief reference to the public notice
issued for each NPDES application, including the date of issuance;
(5) Information regarding the time and
location for the hearing;
(6) The
purpose of the hearing;
(7) A
concise statement of the issues raised by the person or persons requesting the
hearing;
(8) The address, telephone
number, email address, and website where interested persons may obtain further
information, request a copy of the draft NPDES permit prepared pursuant to
64.5(1), request a copy of the permit rationale prepared pursuant to 64.5(3),
and inspect and copy permit forms and related documents;
(9) A brief description of the nature of the
hearing, including the rules and procedures to be followed; and
(10) The final date for submission of
comments regarding the tentative determinations with respect to the permit
application.
(8)
Response to comments. At
the time a final NPDES permit is issued, the director shall issue a response to
significant and pertinent comments in the form of a responsiveness summary. A
copy of the responsiveness summary shall be sent to the permit applicant, and
the document shall be made available to the public upon request. The
responsiveness summary shall:
a. Specify which
provisions, if any, of the draft permit have been changed in the final permit
decision and the reasons for the changes; and
b. Briefly describe and respond to all
significant and pertinent comments on the draft permit raised during the public
comment period provided for in the public notice or during any hearing.
Comments on a draft permit may be submitted by paper or electronic means or
orally at a public hearing.
Notes
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