West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-14 - Permits for Construction and Major Modification of Major Stationary Sources for the Prevention of Significant Deterioration of Air Quality › Section 45-14-17 - Public Review Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. At
				the time that an application for a construction, modification or relocation
				permit is filed, the applicant shall place a Class I legal advertisement in a
				newspaper of general circulation in the area where the source will be located.
				No 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 proposed to 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.
17.2. After finishing the review of a
				complete application, the Secretary shall make a preliminary determination
				whether a permit should be approved, approved with conditions, or
				disapproved.
17.3. 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 45CSR31), a copy of the preliminary determination, and a copy or summary
				of other materials, if any, considered in making the preliminary
				determination.
17.4. 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, the degree of increment consumption that is expected
				from the source or modification, 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 is 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.
17.5.
				The Secretary shall send a copy of the advertisement to the applicant, to the
				Administrator, 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 Federal Land Managers whose lands may be
				affected by emissions from the source or modification.
17.6. The Secretary shall consider public
				comments submitted within the thirty (30) day comment period and comments
				submitted within a specified period not to exceed fifteen (15) days after any
				public meeting held to receive comments 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 preconstruction information relating to the proposed
				source or modification.
17.7. The
				Secretary shall make a final determination whether construction should be
				approved, approved with conditions, or disapproved.
17.8. 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 preconstruction information and public comments
				relating to the proposed source or modification.