Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 9 - Air Pollution Control Permits (250-RICR-120-05-9) › Section 250-RICR-120-05-9.16 - Public Participation

Current through June 14, 2024
A. The following
				  procedures shall be applicable to major source permit applications.
1. The Office of Air Resources shall review
				  each application and shall give public notice of its intention to either issue
				  a permit or deny the application. The draft permit or tentative denial,
				  including all supporting documentation, shall be made available for public
				  comment. Public notice shall be published in a newspaper of general circulation
				  in the area in which the proposed source would be located. The Office of Air
				  Resources shall make available for public inspection, in at least one location
				  in the city or town where the source would be located, the information
				  submitted by the owner or operator, the Office of Air Resources' analysis of
				  the application and the draft permit or tentative denial.
2. A public hearing for interested persons to
				  appear and submit written or oral comments on the draft permit or tentative
				  denial shall be held if requested by any person, governmental subdivision or
				  agency or by an association. The Director may also hold a hearing at his or her
				  discretion, whenever he or she believes there is a significant degree of public
				  interest in the proposed action. If held, a hearing shall take place no earlier
				  than thirty (30) days nor later than sixty (60) days following initial public
				  notice. Comments from the applicant and/or any interested persons shall be
				  recorded at the public hearing. Written comments, to be considered part of the
				  record, must be submitted during the public comment period. The public comment
				  period shall commence on the date of initial public notice. The public comment
				  period shall close thirty (30) days later, if no hearing is held. If a public
				  hearing is held, the public comment period shall close at the close of the
				  public comment hearing or on a date set by the Office of Air
				  Resources.
3. Following the close
				  of the public comment period, the Office of Air Resources shall issue or deny
				  the permit in writing. The Office of Air Resources shall provide a written
				  response to each substantive public comment.
4. The applicant and/or any person who
				  provided substantive comment at any time during the public comment period may
				  appeal the decision of the Office of Air Resources to the Administrative
				  Adjudication Division for Environmental Matters provided, however, any person
				  who shall demonstrate good cause for failure to participate and demonstrate
				  that his/her interests shall be substantially impacted if prohibited from
				  appearance in the appeal, may in the discretion of the AAD hearing officer be
				  permitted to participate in the appeal process. Appeals must be filed with the
				  AAD within thirty (30) days of the issuance of the Office of Air Resources'
				  final decision.
5. The appeal shall
				  be limited to those issues raised by the parties, provided, however, that upon
				  good cause shown, the AAD hearing officer shall allow additional issues to be
				  raised.
6. All appeals shall be
				  pursuant to the rules and regulations established by the Director and the rules
				  and regulations established by the Administrative Adjudication Division for
				  Environmental Matters, provided, however, that all appeals shall contain
				  precise statements of the issues presented on appeal and the specific part or
				  parts of the decision of the Office of Air Resources which are
				  challenged.
7. All appeals shall be
				  heard before administrative adjudication hearing officers. All hearings shall
				  be evidentiary hearings. All witnesses shall testify under oath and shall be
				  subject to cross-examination.