West Virginia Code of State Rules › Agency 45 - Air Quality › Title 45 - LEGISLATIVE RULE DEPARTMENT OF ENVIRONMENTAL PROTECTION AIR QUALITY › Series 45-13 - Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Admin. Updates, Temporary Permits, General Permits, Permission to Commence Contruction and Procedures for Evaluation › Section 45-13-8 - Public Review Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				Secretary shall maintain for public review a permit application list of
				proposed new stationary sources, source modifications, relocations, operating
				permits, Class II administrative updates, temporary permits, Class II general
				permit applications/registrations, and sources seeking permission to commence
				construction in advance of permit issuance containing the name of the
				applicant, the type and location of the source, and the proposed start-up date
				for the stationary source.
8.2.
				During the time period that an applicant's name appears on the permit
				application list, the Secretary will receive and evaluate written comments
				relating to the permit application.
8.3. Notice Level A. At the time that an
				application for a construction, modification, relocation, operating permit,
				Class II administrative update, temporary permit or Class II general permit
				registration 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 or general permit registration
				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.
8.4.
				Notice Level B. In addition to the notice requirements under subsection 8.3,
				for construction and modification applications, applications for sources
				subject to 45CSR15, 45CSR16, 45CSR27 and 45CSR34, and all other applications
				not subject to the provisions of subsections 8.3 or 8.5, the Secretary shall
				place a Class I legal advertisement of the agency's intent to issue in a
				newspaper of general circulation in the area where the source is or will be
				located, provided that applications for Class I administrative updates and
				Class I general permit registrations are not subject to public notice. No
				construction, modification or operating 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 and the proposed start-up
				date for the source. Additionally, at the Secretary's discretion, the applicant
				may be required to place a commercial display advertisement as set forth in
				subdivision 8.4.a.
8.4.a. Within one week
				prior to the Secretary's placement of a Class I legal advertisement of intent
				to issue or within three (3) working days of the Secretary's placement of the
				advertisement, the applicant shall publish a commercial display advertisement
				in a newspaper of general circulation in the area where the source is or will
				be located. The commercial display advertisement shall be at least 3 inches by
				5 inches and 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.