§ 270a.80. Public notice and comment requirements.
(a) The Department gives public notice of the following actions:
(1) An application for a permit or a Class 2 or Class 3 permit modification is tentatively denied under § § 270a.29 and 270a.41 and 40 CFR 270.29 and 270.41.
(2) A draft permit is prepared under § 270a.10(c) (relating to general application requirements).
(3) A hearing is scheduled under § 270a.81(b) (relating to public hearings).
(4) A closure/postclosure plan is received in accordance with the incorporated requirements of 40 CFR 264.112, 265.112, 264.118 or 265.118.
(b) A public notice of the preparation of a draft permit, including a notice of intent to deny a permit application, required under subsection (a) provides for at least 45 days for public comment.
(c) The Department gives public notice of a public hearing at least 30 days before the hearing. Public notice of the hearing may be given at the same time as public notice of the draft permit, and the two notices may be combined.
(d) The Department gives public notice of activities described in subsection (a) by the following methods:
(1) By mailing a copy of a notice to the following, persons otherwise entitled to receive notice under this paragraph may waive the right to receive notice for classes and categories of permits:
(i) The applicant.
(ii) An agency which 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 (Pub. L. No. 92-532, 86 Stat. 052) for the same facility or activity, including the EPA.
(iii) An appropriate Federal or State agency with jurisdiction over fish, shellfish and wildlife resources or coastal zone management plans, State historic preservation officers, advisory council on historic preservation and other appropriate government authorities, including affected states.
(iv) A person on a mailing list developed by the Department, that includes a person who submits to the Department a request in writing to be 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 from time to time 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.
(vi) State agencies having authority under State statute with respect to the construction or operation of the facility.
(2) 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.
(3) In a manner constituting legal notice to the public under State statute.
(4) By other methods reasonably calculated to give actual notice of the action in question to a person potentially affected by it, including press releases or another forum or medium to elicit public participation.
(e) A public notice issued under this section shall contain the following minimum information:
(1) The name and address of the office processing the permit action for which notice is being given.
(2) The name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit.
(3) A brief description of the business conducted at the facility or activity described in the permit application or the draft permit.
(4) The name, address and telephone number of a person from whom an interested person may obtain further information, including copies of the draft permit, the statement of basis or fact sheet, and the application.
(5) A brief description of the comment procedures required by § 270a.81, the time and place of a hearing that will be held, including a statement of procedures to request a hearing, unless a hearing has already been scheduled, and other procedures by which the public may participate in the final permit decision.
(6) Additional information which the Department considers necessary or proper.
(f) In addition to the general public notice described in subsection (e), the public notice of a hearing under § 270a.81(b) shall contain the following information:
(1) A reference to the date of previous public notices relating to the permit.
(2) The date, time and place of the hearing.
(3) A brief description of the nature and purpose of the hearing, including the applicable procedures.
(g) In addition to the general public notice described in subsection (e), a person identified in subsection (d)(1)(i) and (ii) will be mailed a copy of the fact sheet or statement of basis, the draft permit and, if applicable, the permit application.
Cross References This section cited in 25 Pa. Code § 270a.10 (relating to general application requirements and permit issuance procedures); 25 Pa. Code § 270a.42 (relating to permit modification at the request of the permittee); 25 Pa. Code § 270a.62 (relating to hazardous waste incinerator permits); 25 Pa. Code § 270a.66 (relating to permits for boilers and industrial furnaces burning hazardous waste); and 25 Pa. Code § 270a.81 (relating to public hearings).
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