Except as provided
otherwise in this rule, the substitution of terms set forth in
apply in this rule, in
addition to any other modifications established in paragraph (1)(A)2. of this
rule. Where conflicting rules exist in 10 CSR 25, the more stringent rules
control. (Comment: This section has been organized so that Missouri
requirements analogous to a particular lettered subpart in 40 CFR part
are
set forth in the corresponding lettered subsection of section (1) of this rule.
For example, the general program requirements in 40 CFR part
subpart A,
with Missouri modifications, are found in subsection (1)(A) of this rule.)
(A) This subsection sets forth requirements
that correspond to those requirements in 40 CFR part
124 subpart A.
1. Purpose and scope. This subsection
contains procedures for the review, issuance, class 3 or department-initiated
modification, total modification, or revocation of all permits issued pursuant
to sections
260.350 through
260.434, RSMo. This
subsection also contains procedures for the denial of a permit, either in its
entirety or as to the active life of a hazardous waste management facility or
unit, under
40
CFR
270.29, as incorporated in
10 CSR
25-7.270. Interim status is not a permit and is
covered by specific provisions in
10 CSR
25-7.265 and
10 CSR
25-7.270. Class 1 or class 2 permit modifications, as
defined in
40 CFR
270.42 as incorporated in
10 CSR
25-7.270, are not subject to the requirements of this
subsection.
2. Definitions. In
addition to the definitions given in
40
CFR
270.2, as incorporated in
10 CSR
25-7.270, the definitions below apply to this rule-
A. "Draft permit" means a document prepared
under paragraph (1)(A)6. of this rule indicating the department's tentative
decision to issue, deny, modify in part or in total, revoke, or reissue a
"permit." A notice of intent to revoke, as discussed in subparagraph (1)(A)5.D.
of this rule, and a notice of intent to deny, as discussed in subparagraph
(1)(A)6.B. of this rule, are types of draft permits. A denial of a request for
modification, total modification, or revocation of a permit, as discussed in
subparagraph (1)(A)5.B. of this rule, is not a type of "draft
permit";
B. "Formal hearing" means
any contested case held under section
260.400,
RSMo;
C. "Permit application" means
the U.S. Environmental Protection Agency standard national forms for applying
for a permit, including any additions, revisions, or modifications to the
forms; or forms approved by the U.S. Environmental Protection Agency for use in
Missouri, including any approved modifications or revisions. It also includes
the information specified by the department under 40 CFR
270.14-270.29, as
incorporated into
10 CSR 25-7.270;
D. "Public hearing" means any hearing on a
tentative decision at which any member of the public is invited to give oral or
written comments;
E. "Revocation"
means the termination of a permit;
F. "Schedule of compliance" means a schedule
of remedial measures in a permit, including an enforceable sequence of interim
requirements (for example, actions, operations, or milestone events) leading to
compliance with sections
260.350 through
260.434, RSMo;
G. "Total modification" means the revocation
and reissuance of a permit;
H.
"Site" means the land or water area where any "facility or activity" is
physically located or conducted, including adjacent land used in connection
with the facility or activity; and
I. "Variance" means any variation from the
Missouri Hazardous Waste Management Law as defined in section
260.405,
RSMo.
3. Application for
a permit.
A. Any person who requires a permit
shall complete, sign, and submit to the department a permit application for
each permit required under
40 CFR
270.1, as incorporated in
10 CSR
25-7.270. Permit applications are not required for
permits by rule per
40 CFR
270.60, as
incorporated in
10 CSR 25-7.270. The department
shall not begin the processing of a permit until the applicant has fully
complied with the permit application requirements for that permit, as provided
under
40 CFR
270.10 and
270.13,
as incorporated in
10 CSR 25-7.270. Permit
applications shall comply with the signature and certification requirements of
40 CFR
270.11, as incorporated in
10 CSR
25-7.270(2)(A.) 1., and
10 CSR
25-7.270.
B. The department shall review for
completeness every permit application. Each permit application submitted by a
new facility should be reviewed for completeness by the department within
thirty (30) days of its receipt. Each permit application submitted by an
existing facility should be reviewed for completeness by the department within
sixty (60) days of its receipt. Upon completing the review, the department will
notify the applicant in writing whether the permit application is complete. If
the permit application is incomplete, the department will list the information
necessary to make the permit application complete. When the permit application
is for an existing facility, the department will specify, in the notice of
deficiency, a date for submitting the necessary information. The department
will notify the applicant that the permit application is complete upon
receiving the required information. After the permit application is complete,
the department may request additional information from an applicant, but only
as necessary to clarify, modify, or supplement previously submitted material.
Requests for such additional information will not render a permit application
incomplete.
C. If an applicant
fails or refuses to correct deficiencies in the permit application, the permit
may be denied and enforcement actions may be taken under the applicable
statutory provisions of sections
260.350 through
260.434, RSMo.
D. The effective date of a permit application
is the date the department notifies the applicant that the permit application
is complete, as provided in subparagraph (1)(A)3.B. of this rule.
E. For each permit application the department
will, no later than the effective date of the permit application, prepare and
mail to the applicant a project decision schedule. The schedule will specify
target dates by which the department intends to-
(I) Prepare a draft permit;
(II) Give public notice;
(III) Complete the public comment period,
including any public hearing; and
(IV) Issue a final permit decision.
F. If the department decides that
a site visit is necessary for any reason in conjunction with the processing of
a permit application, the department will notify the applicant and a date will
be scheduled.
G. Whenever a
facility or activity requires more than one (1) type of environmental permit
from the state, the applicant may request, or the department may offer, a
unified permitting schedule that covers the timing and order to obtain such
permits, as provided in section
640.017,
RSMo, and
10 CSR 1-3.010.
4. Reserved.
5. Modification, total modification, or
revocation of permits.
A. Permits may be
modified in part or in total, or revoked, either at the request of the
permittee or of any interested person or upon the department's initiative.
However, permits may only be modified or revoked for the reasons specified in
40 CFR
270.41 or 40 CFR
270.43, as incorporated in
10 CSR
25-7.270. All requests shall be in writing and shall
contain facts and reasons supporting the request.
B. If the department decides the request is
not justified, a brief written response giving a reason for the decision shall
be sent to the person requesting the permit modification and to the permittee.
Denial of a request for modification, in part or in total, or revocation of a
permit is not subject to public notice, comment, or hearing, and is not
appealable under section (2) of this rule.
C. Tentative decision to modify.
(I) If the department tentatively decides to
modify a permit in part or in total, a draft permit incorporating the proposed
changes will be prepared according to paragraph (1)(A)6. of this rule. The
department may request additional information and, in the case of a partial
permit modification, may require the submission of an updated permit
application. In the case of a total permit modification, the department will
require the submission of a new permit application.
(II) When a permit is partially modified
under this paragraph, only the conditions being modified are reopened. All
other conditions of the original permit remain in effect for the duration of
the existing permit. When a permit is totally modified under this paragraph,
the entire permit is reopened just as if the permit had expired and was being
reissued. During any total modification, the permittee complies with all
conditions of the existing permit until a new, final permit is
issued.
(III) "Class 1 and class 2
permit modifications" as defined in
40 CFR
270.42, as incorporated in
10 CSR
25-7.270, are not subject to the requirements of this
paragraph.
D. If the
department tentatively decides to revoke a permit, the department will issue a
notice of intent to revoke. A notice of intent to revoke is a type of draft
permit and follows the same procedures as any draft permit decision prepared
under paragraph (1)(A)6. of this rule.
6. Draft permits.
A. Once the technical review of a permit
application is complete, the department shall tentatively decide whether to
prepare a draft permit, or deny the permit application.
B. If the department tentatively decides to
deny the permit application, a notice of intent to deny shall be issued. A
notice of intent to deny is a type of draft permit and follows the same
procedures as any draft permit decision prepared under this paragraph. If the
department's final decision under paragraph (1)(A)15. of this rule is that the
tentative decision to deny the permit application was incorrect, the department
shall withdraw the notice of intent to deny and prepare a draft permit under
this paragraph.
C. If the
department tentatively decides to prepare a draft permit, the department will
prepare a draft permit that contains the following information:
(IV) Standards for treatment, storage, and/or
disposal and other permit conditions under
40 CFR
270.30, as incorporated in
10 CSR
25-7.270.
D. All draft permits prepared under this
paragraph will be accompanied by a fact sheet per paragraph (1)(A)8. of this
rule, publicly noticed per paragraph (1)(A)10. of this rule, and made available
for public comment per paragraph (1)(A)11. of this rule. The department will
give notice of opportunity for a public hearing per paragraph (1)(A)12. of this
rule, issue a final decision per paragraph (1)(A)15. of this rule, and respond
to comments per paragraph (1)(A)17. of this rule. An appeal may be filed under
section (2) of this rule.
E. Prior
to making the draft permit available for public comment, the department shall
deliver the draft permit to the applicant for review, as provided in section
640.016.2, RSMo. The applicant shall have ten (10) days to review the draft
permit for nonsubstantive drafting errors. The department shall make the
applicant's changes to the draft permit within ten (10) days of receiving the
applicant's review and then submit the draft permit for public comment. The
applicant may waive the opportunity to review the draft permit prior to public
notice.
7.
Reserved.
8. Fact sheet.
A. A fact sheet will be prepared for every
draft permit. The fact sheet will briefly set forth the principal facts and the
significant factual, legal, methodological, and policy questions considered in
preparing the draft permit. The department will send this fact sheet to the
applicant and to any person who requests a copy.
B. The fact sheet shall include, when
applicable:
(I) A brief description of the
type of facility or activity which is the subject of the draft
permit;
(II) The type and quantity
of wastes, fluids, or pollutants which are proposed to be or are being treated,
stored, disposed of, injected, emitted, or discharged;
(III) A brief summary of the basis for the
draft permit conditions including references to applicable statutory or
regulatory provisions.
(IV)
Reasons why any requested variances or alternatives to applicable standards do
or do not appear justified;
(V) A
description of the procedures for reaching a final decision on the draft permit
including:
(a) The beginning and ending dates
of the public comment period under paragraph (1)(A)10. of this rule and the
address where comments will be received;
(b) Procedures for requesting a hearing and
the nature of that hearing; and
(c)
Any other procedures by which the public may participate in the final decision;
and
(VI) Name and
telephone number of a department contact for additional information.
9. Reserved.
10. Public notice of permit actions and
public comment period.
A. Scope.
(I) The department will give public notice
that the following actions have occurred:
(a)
A notice of intent to deny a permit application has been prepared under
subparagraph (1)(A)6.B. of this rule;
(b) A draft permit has been prepared under
subparagraph (1)(A)6.C. of this rule;
(c) A hearing has been scheduled under
paragraph (1)(A)12. of this rule; or
(d) A notice of intent to revoke a permit has been
prepared under subparagraph (1)(A)5.D. of this rule.
(II) No public notice is required when a
request for permit modification, in part or in total, or revocation is denied.
A brief written response giving a reason for the decision will be sent to the
requester and to the permittee.
(III) Public notices may describe more than
one (1) permit or permit action.
B. Timing.
(I) Public notice of the preparation of a
draft permit (including a notice of intent to deny a permit application and a
notice of intent to revoke a permit) under subparagraph (1)(A)10.A. of this
rule will allow at least forty-five (45) days for public comment.
(II) Public notice of a public hearing will
be given at least thirty (30) days before the hearing. Public notice of the
hearing may be given at the same time as the public notice of the draft permit,
and the two (2) notices may be combined.
C. Methods. Public notice of activities
described in part (1)(A)10.A.(I) of this rule will be given by the following
methods:
(I) By mailing a copy of a notice to
the following persons (any person otherwise entitled to receive notice under
this part may waive their rights to receive notice for any permit):
(a) The applicant;
(b) Federal and state agencies with
jurisdiction over fish, shellfish, and wildlife resources, natural resource
management plans, and state historic preservation officers, including any
affected states (Indian tribes); and
(c) Persons on a mailing list maintained by
the facility which is developed by-
I.
Including those who request to be on the list;
II. Soliciting persons for "area lists" from
participants in past permit proceedings in that area;
III. 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 facility shall be
responsible for maintaining and updating the mailing list. The department may
require the facility to update the mailing list from time-to-time by requesting
written indication of continued interest from those listed. The facility may
remove from the list the name of any person who fails to respond to such a
request;
IV. Including all record
owners of real property adjacent to the current or proposed facility, in
accordance with section 260.395.8, RSMo;
V. Including, for a post-closure disposal
facility, all record owners of real property which overlie any known plume of
contamination originating from the facility; and
VI. Including, for an operating disposal
facility, all record owners of real property located within one (1) mile of the
outer boundaries of the current or proposed facility, in accordance with
section 260.395.8, RSMo;
(d) A copy of the notice shall also be sent
to the highest elected official of the county and the highest elected official
of the city, town, or village having jurisdiction over the area where the
facility is currently or proposed to be located, in accordance with section
260.395.8, RSMo, and each state agency having any authority under state law
with respect to the construction or operation of such facility; and
(e) A copy of the notice shall also be sent
to any other department program or federal agency which the department knows
has issued or is required to issue a Resource Conservation and Recovery Act
(RCRA), Hazardous and Solid Waste Amendments (HSWA), Underground Injection
Control (UIC), Prevention of Significant Deterioration (PSD), (or other permit
issued under the Clean Air Act), National Pollutant Discharge Elimination
System (NPDES), 404, or sludge management permit for the same facility or
activity (including the U.S. Environmental Protection Agency);
(II) Other publication.
(a) Publish a legal notice in a daily or
weekly major local newspaper of general circulation and broadcast over local
radio stations.
(b) For any draft
permit that includes active land disposal of hazardous waste, issue a news
release to the media serving the area where the facility is currently or
proposed to be located, in accordance with section 260.395.8, RSMo;
(III) Any other method reasonably
calculated to give actual notice of the activity to the persons potentially
affected by it, including news releases or any other forum or medium to elicit
public participation; and
(IV) The
department will mail a copy of the legal notice, fact sheet, and draft permit
to a location accessible to the public, in the vicinity of the facility, where
the documents can be viewed and copied.
D. Contents. All notices issued under this
paragraph shall contain the following minimum information:
(I) Name and address of the
department;
(II) Name and address
of the permittee or applicant and, if different, of the facility or activity
regulated by the permit;
(III) A
brief description of the business conducted at the facility or activity
described in the permit application or the draft permit;
(IV) Name, address, and telephone number of a
department contact person from whom interested persons may obtain additional
information;
(V) A brief
description of the comment procedures, the date, time, and place of any hearing
that will be held, a statement of procedures for requesting a hearing (unless a
hearing has already been scheduled), and any other procedures by which the
public may participate in the final permit decision;
(VI) Any additional information considered
necessary or proper by the department;
(VII) The location where the information
listed in subpart (1)(A)10.C.(I)(e) of this rule was placed for public review;
and
(VIII) In addition to the
information listed above, the public notice of a public hearing under paragraph
(1)(A)12. of this rule shall contain the following information:
(a) Reference to the date of previous public
notices relating to the draft permit;
(b) Date, time, and place of the hearing;
and
(c) A brief description of the
nature and purpose of the hearing, including the applicable rules and
procedures.
E.
In addition to the notice described in subparagraph (1)(A)10.D. of this rule,
the department shall mail a copy of the permit application (if any), draft
permit, and fact sheet to all persons identified in subparts (1)(A)10.C.(I)(a),
(b), and (f) of this rule.
11. Public comments and requests for public
hearings. During the public comment period provided under paragraph (1)(A)10.
of this rule, any interested person may submit written comments on the draft
permit and may request a public hearing, if no hearing has already been
scheduled. A request for a public hearing shall be in writing and state the
nature of the issues to be raised in the hearing. All written comments and oral
comments given at the public hearing, if one is held, are considered by the
department in making the final permit decision and are answered as provided in
paragraph (1)(A)17. of this rule.
12. Public hearings.
A. In accordance with section 260.395.8,
RSMo, the department will hold a public hearing whenever a written request for
a hearing is received within forty-five (45) days of the public notice under
part (1)(A)10.B.(I) of this rule. In accordance with section 260.395.8, RSMo,
for any permit that includes active land disposal of hazardous waste, the
department shall hold a public hearing after public notice, as specified in
paragraph (1)(A)10. of this rule, before issuing, modifying in total, or
renewing the permit; and before any Class 3 or department-initiated permit
modification related to the hazardous waste land disposal unit(s), including
those necessary due to the department's five- (5-) year review.
B. The department may hold a public hearing
at its own discretion whenever there is significant public interest in a draft
permit or when one (1) or more issues involved in the permit decision requires
clarification.
C. Whenever
possible, the department will schedule a public hearing under this paragraph at
a location convenient to the nearest population center to the current or
proposed facility.
D. Public notice
of the public hearing will be given as specified in paragraph (1)(A)10. of this
rule.
E. Any person may submit
written comments or data concerning the draft permit. The department will
accept oral comments during the public hearing. Reasonable limits may be set on
the time allowed for oral comments. Any person who cannot present oral comments
due to time limitations will be provided an opportunity to present written
comments. The public comment period under paragraph (1)(A)10. of this rule will
automatically be extended to the close of any public hearing if the public
hearing is held later than forty-five (45) days after the start of the public
comment period.
F. A tape recording
or written transcript of the public hearing shall be made available to the
public.
13. Obligation to
raise issues and provide information during the public comment period. All
persons, including the applicant, who believes any condition of a draft permit
is inappropriate or that the department's tentative decision to deny a permit
application, prepare a draft permit, or revoke a permit is inappropriate, shall
raise all ascertainable issues and submit all relevant arguments supporting
their position by the close of the public comment period under paragraph
(1)(A)10. of this rule. Any supporting materials that are submitted shall be
included in full and may not be incorporated by reference, unless the
supporting materials are state or federal statutes and regulations, E PA
documents of general applicability, or other generally available reference
materials.
14. Reserved.
15. Issuance and effective date of permit.
A. For purposes of this paragraph, a final
permit decision means the issuance, denial, Class 3 or department-initiated
modification, total modification, or revocation of a permit. After the close of
the public comment period under paragraph (1)(A)10. of this rule, the
department will issue a final permit decision (or a decision to deny a permit
for the active life of a hazardous waste management facility or unit under
40
CFR
270.29, as incorporated in
10 CSR
25-7.270) . The department will notify the applicant
and each person who submitted written comments, gave oral comments at the
public hearing, or requested notice of the final permit decision. This notice
will include reference to the procedures for appealing a final permit decision
under section (2) of this rule. The department will mail a copy of the final
permit decision to the location where the draft permit was placed for public
review under subpart (1)(A)10.C.(II) of this rule. The department will also
send a news release announcing the final permit decision to the media serving
the area where the facility is currently or proposed to be located.
B. A final permit issuance, denial, or
modification decision (or a decision to deny a permit either in its entirety or
as to the active life of a hazardous waste management facility or unit under
40
CFR
270.29, as incorporated in
10 CSR
25-7.270) will become effective on the date the
decision is signed by the department. A final permit revocation decision will
become effective thirty (30) days after the department signs the decision,
unless no comments requested a change in the draft permit revocation decision,
in which case the final permit revocation decision will become effective on the
date the decision is signed by the department.
16. Reserved.
17. Response to comments.
A. At the same time that any final permit
decision is issued under paragraph (1)(A)15. of this rule, the department will
issue a response to comments. This response shall-
(I) Specify which provisions, if any, of the
draft permit have been changed in the final permit decision and the reasons for
the change; and
(II) Briefly
describe and respond to all significant comments on the draft permit raised
during the public comment period and public hearing, if one was held.
B. The response to comments will
be made available to the public.
18. Reserved.
19. Reserved.
20. Computation of time.
A. Any time period scheduled to begin on the
occurrence of an act or event begins on the day after the act or
event.
B. Any time period scheduled
to end before the occurrence of an act or event ends on the last working day
before the act or event.
C. If the
last day of any time period falls on a weekend or legal holiday, the time
period is extended to the next working day.
D. Whenever a party or interested person has
the right or is required to act within a specific time period after he or she
receives notice by mail, three (3) days is added to the time period to allow
for mail delivery.
(B) This subsection sets forth requirements
that correspond to the requirements in 40 CFR part
124 subpart B.
1. Applicable permit procedures.
A. The requirements of this paragraph apply
to all new permit applications and permit applications for renewal of permits
where a significant change in facility operations is proposed. For purposes of
this paragraph, a "significant change" is any change that would qualify as a
class 3 permit modification under
40 CFR
270.42, as incorporated in
10 CSR
25-7.270. The requirements of this paragraph do not
apply to class 1 or class 2 permit modifications, as defined in
40 CFR
270.42, as incorporated in
10 CSR
25-7.270, or permit applications submitted for the
sole purpose of conducting post-closure activities or post-closure activities
and corrective action at a facility.
B. At least ninety (90) days prior to
submitting a permit application to construct, substantially alter, or operate a
hazardous waste disposal facility, the applicant shall submit to the department
a letter of intent, in accordance with section 260.395.7, RSMo. The department
will publish the letter within ten (10) days of receipt. The letter will be
published as specified in section
493.050,
RSMo. The letter will be published once a week for four (4) consecutive weeks
in a newspaper of general circulation serving the county in which the facility
is currently or proposed to be located.
C. Prior to submitting a permit application
for a facility, the applicant shall hold at least one (1) public meeting to
solicit questions from the community and inform the community of proposed
hazardous waste management activities. The applicant shall post a sign-in sheet
or otherwise provide an opportunity for attendees to voluntarily provide their
names and addresses.
D. The
applicant shall submit a summary of the meeting, the list of attendees and
their addresses developed under subparagraph (1)(B)1.C. of this rule, and
copies of any written comments or materials submitted at the meeting to the
department as a part of the permit application, in accordance with
40 CFR
270.14(b), as incorporated
in
10 CSR
25-7.270.
E. The applicant shall provide public notice
of the pre-application meeting at least thirty (30) days prior to the meeting.
The applicant shall maintain, and provide to the department as part of the
permit application, documentation of the notice.
(I) The applicant shall provide public notice
in all of the following forms:
(a) A
newspaper advertisement. The applicant shall publish a notice as a display
advertisement in a newspaper of general circulation serving the county or
equivalent jurisdiction where the current or proposed facility is located. In
addition, the applicant shall publish the notice in newspapers of general
circulation serving adjacent counties or equivalent jurisdictions;
(b) A visible and accessible sign. The
applicant shall post a notice on a clearly marked sign at or near the facility.
If the applicant places the sign on the facility property, the sign shall be
large enough to be read from the nearest point where the public would pass by
the site;
(c) A broadcast media
announcement. The applicant shall broadcast a notice as a paid advertisement at
least once on at least one (1) local radio station or television station. The
applicant may employ another medium with the prior written approval of the
department; and
(d) In addition to
the department, the applicant shall send a copy of the newspaper advertisement
to the units of state and local government described in subpart
(1)(A)10.C.(I)(d) of this rule.
(II) All notices under this subparagraph
shall include:
(a) The date, time, and
location of the meeting;
(b) A
brief description of the purpose of the meeting;
(c) A brief description of the facility and
proposed operations, including the address or a map (e.g., a sketched or copied
street map) of the current or proposed facility location;
(d) A statement encouraging people to contact
the facility at least seventy-two (72) hours before the meeting if they need
special access to participate in the meeting; and
(e) The name, address, and telephone number
of a contact person for the applicant.
2. Public notice requirements at the permit
application stage.
A. Applicability. The
requirements of this paragraph apply to all new permit applications for
hazardous waste management units and permit applications for renewal of permits
for such units under
40 CFR
270.51, as incorporated in
10 CSR
25-7.270. The requirements of this paragraph do not
apply to permit modifications, as defined in
40 CFR
270.42, as incorporated in
10 CSR
25-7.270, or permit applications submitted for the
sole purpose of conducting post-closure activities or post-closure activities
and corrective action at a facility.
B. Notification at permit application
submittal.
(I) The department shall provide
public notice as set forth in subpart (1)(A)10.C.(I)(c) of this rule, and
notice to the appropriate units of state and local government as set forth in
subpart (1)(A)10.C.(I)(d) of this rule, that a complete permit application has
been submitted to the department and is available for review.
(II) The notice will be published within a
reasonable period of time after the department determines that the permit
application is complete. The notice must include:
(a) The name and telephone number of the
applicant's contact person;
(b) The
name and telephone number of the department contact person and a mailing
address to which information and inquiries may be directed throughout the
permitting process;
(c) An address
to which people can write in order to be put on the facility mailing
list;
(d) A location where copies
of the permit application and any supporting documents can be viewed and
copied;
(e) A brief description of
the facility and proposed operations, including the address or a map (e.g., a
sketched or copied street map) of the current or proposed facility location on
the front page of the notice; and
(f) The date that the permit application was
submitted.
C.
Concurrent with the notice under subparagraph (1)(B)2.B. of this rule, the
department will place the permit application and any supporting documents in a
location accessible to the public in the vicinity of the facility or at the
department's office as identified in the notice.
3. Information repository.
A. Applicability. The requirements of this
paragraph apply to all applicants seeking hazardous waste management facility
permits.
B. The department shall
assess the need, on a case-by-case basis, for a local information repository.
When assessing the need for a local information repository, the department will
consider a variety of factors, including the level of public interest, the type
of facility, and the presence of an existing repository. If the department
determines, at any time after submittal of a permit application, that there is
a need for a local repository, then the department will notify the facility
that it must establish and maintain a local information repository.
C. The information repository shall contain
all documents, reports, data, and information deemed necessary by the
department to fulfill the purposes for which the repository is established. The
department will have the discretion to limit the contents of the
repository.
D. The information
repository shall be located and maintained at a location chosen by the
facility. If the department finds the location unsuitable for the purposes and
persons for which it was established, due to problems with the location, hours
of availability, access, or other relevant considerations, the department will
specify a more appropriate location.
E. The department will specify requirements
the applicant must meet for informing the public about the local information
repository. At a minimum, the department will require the applicant to provide
a written notice about the information repository to all individuals on the
facility mailing list.
F. The
applicant shall be responsible for maintaining and updating the repository with
appropriate information throughout the time period specified by the department.
The department may close the repository at its discretion, based on the factors
in subparagraph (1)(B)3.B. of this rule.