West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-19 - Permits for Construction and Major Modification of Major Stationary Sources Which Cause or Contribute to Nonattainment Areas › Section 45-19-15 - Public Review Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. At
				the time that an application for a construction or modification is filed, the
				applicant shall also place a Class I legal advertisement in a newspaper of
				general circulation in the area where the source is or will be located. No such
				permit shall be issued to any applicant until at least thirty (30) days notice
				has been provided to the public. The advertisement shall contain at a minimum,
				the name of the applicant, the type and location of the source, the type and
				amount of air pollutants that will be discharged, the nature of the permit
				being sought, the proposed start-up date for the source and a contact telephone
				number for more information.
15.2.
				The Secretary shall make available in at least one location in the region in
				which the proposed source would be constructed a copy of all materials the
				applicant submitted (excluding data entitled to protection as confidential
				information under the Code and any rules pursuant thereto), a copy of the
				preliminary determination, and a copy or summary of other materials, if any,
				considered in making the preliminary determination.
15.3. The Secretary shall place a Class I
				legal advertisement in a paper of general circulation in the area where the
				proposed source would be constructed, modified, or relocated. The advertisement
				shall contain, as a minimum, the name of the applicant, the type and location
				of the source, the proposed start-up date, the preliminary determination,
				notification of the opportunity for written public comment, provisions for
				requesting a public meeting, details concerning the time and place of such a
				meeting if one has already been scheduled, and notification of the opportunity
				for comment at a public meeting if such meeting is to be conducted. A public
				comment period of thirty (30) days shall be provided and so stated in the
				advertisement.
15.4. The Secretary
				shall send a copy of the advertisement to the applicant, to USEPA, and to
				officials and agencies having cognizance over the location where the proposed
				construction would occur as follows: any other State or local air pollution
				control agencies, the chief executives of the city and county where the source
				would be located; any comprehensive regional land use planning agency, any
				State, and any Federal Land Manager, whose lands may be affected by emissions
				from the source or modification.
15.5. Public comments submitted within thirty
				(30) days after the Secretary's public notification of an opportunity for
				comment upon a proposed construction or relocation of a major stationary source
				or major modification and comments submitted within a specified period not to
				exceed fifteen (15) days after any public meeting to receive comment on such
				proposed construction, modification, or relocation shall be considered by the
				Secretary before making a final decision on the approvability of the
				application. The Secretary shall make copies of all comments available for
				public inspection in the same locations where the Secretary made available pre
				construction information relating to the proposed source or
				modification.
15.6. The Secretary
				shall make a final determination whether construction shall be approved,
				approved with conditions, or disapproved.
15.7. The Secretary shall notify the
				applicant in writing of the final determination and make a copy of such
				notification available for public inspection at the same location where the
				Secretary made available pre construction information and public comments
				relating to the proposed source or modification.