§ 270a.207. Requirements for standardized permit public notices.
40 CFR 124.207 (relating to what are the requirements for public notices?) is not incorporated by reference.
(1) The Department will provide public notice of a draft standardized permit decision and an opportunity for the public to submit comments and request a hearing on the decision. The Department will provide the public notice to:
(i) The applicant.
(ii) Another agency that the Department knows has issued or is required to issue a RCRA, underground injection control, prevention of significant deterioration (or other permit under the Clean Air Act), NPDES, 404, sludge management permit, or ocean dumping permit under the Marine Protection, Research, and Sanctuaries Act of 1972, the act of October 23, 1972 (Pub. L. No. 92-532, 86 Stat. 52) for the same facility or activity, including the EPA.
(iii) Federal or State agencies with jurisdiction over fish, shellfish and wildlife resources or coastal zone management plans, the Advisory Council on Historic Preservation, State historic preservation officers, and other appropriate government authorities, including any affected states.
(iv) Each person on a mailing list developed by the Department, which includes a person who submits to the Department a request in writing to be included on the list, a person solicited for area lists from participants in past permit proceedings in that area, and a member of the public notified of the opportunity to be put on the mailing list through periodic publication in the public press and in regional and State-funded newsletters, environmental bulletins or State law journals. The Department may update the mailing list periodically by requesting written indication of continued interest from those listed. The Department may delete from the list the name of a person who fails to respond to the request.
(v) Units of local government having jurisdiction over the area where the facility is located or proposed to be located.
(vi) State agencies having authority under State statute with respect to the construction or operation of the facility.
(2) The Department will issue the public notice according to the following methods:
(i) Publication of a notice in the Pennsylvania Bulletin and in a daily or weekly major local newspaper of general circulation and broadcast over local radio stations.
(ii) Other methods reasonably calculated to give actual notice of the action in question to a person potentially affected by it, including press releases or any other forum or medium to elicit public participation.
(3) The Department will include the following information in the public notice:
(i) The name and telephone number of the contact person at the facility.
(ii) The name and telephone number of the Department office, and a mailing address to which people may direct comments, information, opinions or inquiries.
(iii) An address to which people may write to be put on the facility mailing list.
(iv) The location where people may view and make copies of the draft standardized permit and the Notice of Intent and supporting documents.
(v) A brief description of the facility and proposed operations, including the address or a map of the facility location on the front page of the notice.
(vi) The date that the facility owner or operator submitted the Notice of Intent and supporting documents.
(4) At the same time the public notice under this section is issued, the Department will place the draft standardized permit (including both the uniform portion and the supplemental portion, if any), the Notice of Intent and supporting documents, and the statement of basis or fact sheet in a location accessible to the public in the vicinity of the facility or at a Department office in the vicinity of the facility.
Cross References This section cited in 25 Pa. Code § 270a.208 (relating to opportunities for public comments and hearings on draft standardized permit decisions); and 25 Pa. Code § 270a.212 (relating to making routine changes).
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