06-096 C.M.R. ch. 522, § 8 - Public notice of permit actions and public comment period [see 40 CFR 124.10]

(a) Scope.

(1) The Department shall provide for public notice that the following actions have occurred:

(i) [reserved];

(ii) A permit application is being filed;

(iii) A hearing has been scheduled under Chapter 2;

(b) Timing

(1) Public notice of the filing of an application for a permit required under paragraph (a) of this section shall allow at least 30 days for public comment during which additional information or a hearing may be requested.

(2) Public notice of a public hearing shall be given at least 30 days before the hearing. (Public notice of the hearing may be given at the same time as public notice of the permit application and the two notices may be combined.)

(c) Methods Public notice of activities described in paragraph (a)(1) of this section shall be given by the following methods:

(1) By mailing a copy of a notice to the following persons (any person otherwise entitled to receive notice under this paragraph may waive his or her rights to receive notice for any classes and categories of permits);

(i) The applicant ( if necessary);

(ii) Any other agency which the Department knows has issued or is required to issue a RCRA, UIC, PSD (or other permit under the Clean Air Act), NPDES, 404, sludge management permit, or ocean dumping permit under the Marine Research Protection and Sanctuaries Act for the same facility or activity (including EPA when the draft permit is prepared by the State);

(iii) Federal and State agencies with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans, the Advisory Council on Historic Preservation, State Historic Preservation Officers, including any affected States.

(iv) For NPDES permits only, any State agency responsible for plan development under CWA section 208(b)(2), 208(b)(4) or 303(e) and the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service;

(v) For NPDES permits only, any user identified in the permit application of a privately owned treatment works;

(vi) [reserved];

(vii)[reserved];

(viii) For Class I injection well UIC permits only, state and local oil and gas regulatory agencies and state agencies regulating mineral exploration and recovery;

(ix) Persons on a mailing list developed by:

(A) Including those who request in writing to be on the list;

(B) Soliciting persons for ``area lists'' from participants in past permit proceedings in that area; and

(C) Notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press and in such publications as Regional and State funded newsletters, environmental bulletins, or State law journals. (The Department may update the mailing list from time to time by requesting written indication of continued interest from those listed. The Department may delete from the list the name of any person who fails to respond to such a request.)

(x)

(A) To any unit of local government having jurisdiction over the area where the facility is proposed to be located; and

(B) to each State agency having any authority under State law with respect to the construction or operation of such facility.

(2)

(i) As required in Chapter 2, publication of a notice in a daily or weekly newspaper within the area affected by the facility or activity;

(3) [reserved]; and

(4) Any other method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it, including press releases or any other forum or medium to elicit public participation.

(d) Contents

(1) All public notices. All public notices issued under this Chapter shall contain the following minimum information:

(i) Name and address of the office processing the permit action for which notice is being given;

(ii) Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit, except in the case of NPDES draft general permits under Chapter 529;

(iii) A brief description of the business conducted at the facility or activity described in the permit application or the draft permit, for NPDES general permits when there is no application.

(iv) Name, address and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit or draft general permit, as the case may be, statement of basis or fact sheet, and the application; and

(v) A brief description of the comment procedures required by Sections 9 and 11 and the time and place of any hearing that will be held, including a statement of procedures to request a hearing (unless a hearing has already been scheduled) and other procedures by which the public may participate in the final permit decision.

(vi) [reserved]

(vii) For NPDES permits only, a general description of the location of each existing or proposed discharge point and the name of the receiving water. For draft general permits, this requirement will be satisfied by a map or description of the permit area.

(viii) [reserved]

(ix) Any additional information considered necessary or proper.

(2) Public notices for hearings. In addition to the general public notice described in paragraph (d)(1) of this section, the public notice of a hearing under Chapter 2 shall contain the following information:

(i) Reference to the date of previous public notices relating to the permit;

(ii) Date, time, and place of the hearing; and

(iii) A brief description of the nature and purpose of the hearing, including the applicable rules and procedures.

(e) In addition to the general public notice described in paragraph (d)(1) of this section, copies of the fact sheet, the permit application (if any) and the draft permit (if any) shall be made available to all persons identified in paragraphs c(1)(1), (ii), (iii) and (iv) of this section and to any other interested persons, including those responding to public notices and requesting information on certain applications. Persons provided with draft permits shall have at least 30 days in which to submit comments on the draft or to request a public hearing under section 9.

Notes

06-096 C.M.R. ch. 522, § 8