Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 113 - GROWTH OFFSET REGULATION › Section 096-113-6 - Certification Procedures

Current through 2024-29, July 17, 2024
A. A completeness
				review shall be performed on any application for certification of offset
				credits that has been submitted to the Department documenting the proposed
				offset credits generation pursuant to this Chapter. The Department shall
				conduct a technical review of the application, and a draft Department Order
				shall be issued describing the Department's preliminary determination on the
				acceptability of the proposal to generate offset credits.
B. Public review procedures shall be followed
				by any source that seeks to generate offset credits. A public comment period
				shall be held on the draft Department Order as follows:
(1) The applicant shall provide a copy of the
				draft Department Order, its application for offset credits generation, any
				supporting documentation, and any subsequent amendments to the application to
				the municipal clerk of the municipality where the source is located, or, if the
				project is in an unorganized area, to the county commissioners. This material
				shall also be available at the Department's Augusta office. This material must
				be on file for public comment for thirty (30) calendar days.
(2) The Department shall provide a copy of
				the draft Department Order and the application for offset credits generation,
				any supporting documentation, and any subsequent amendments to the application
				to EPA. EPA shall have thirty (30) days to review the
				draft
.
(3) A Notice of Draft Availability shall be
				published at the beginning of the comment period, at the applicant's expense,
				once in the public notice section of a newspaper of general circulation in the
				region in which the source is located. The Notice of Draft Availability shall
				include:
(a) the name and address of the
				applicant;
(b) a citation of the
				statutes or rules under which the application is being processed;
(c) the location of the proposed
				action;
(d) a summary of the
				proposed action including the quantity and type of emissions offsets to be
				certified;
(e) a statement of the
				availability of the application and supporting documents and the Department's
				preliminary determination in the form of a draft Order;
(f) a statement of written public comment
				opportunity, with the mailing address of the Department; and
(g) the date, place, and time a public
				meeting may be held, if a written request is received by the Department within
				15 calendar days from the date on which the notice is published. The date on
				which the public meeting is held shall be at least 30 days after the date the
				notice is published.
(4)
				Any person may request in writing that the Department hold a public meeting.
				The written request shall state the issues which the person requesting the
				meeting would like addressed. If the Department's Augusta office receives a
				written request for a public meeting within fifteen (15) calendar days from the
				date on which the notice is published and which raises a material issue, a
				public meeting shall be held on the date and time as identified in the public
				notice. Whenever the Department holds a public meeting, or for other good
				cause, the duration of the public comment period may be extended to the close
				of the public meeting or extended to a later date announced at the public
				meeting.
(5) The Department shall
				receive comments for at least thirty (30) days, beginning the day on which the
				Notice of Draft Availability is published.
(6) The Department shall consider and keep
				records of all analyses and all written comments received during the public
				comment period, and all comments received at any public meeting in making a
				final decision on the approvability of the draft Order. The Department shall
				maintain all written comments for public inspection at the Department's Augusta
				office.