The following procedures shall be adopted in
approving or denying requests for approval of WWF Pretreatment Programs and
applications for removal credit authorization:
(1) Deadline for review of Submission.
The Approval Authority shall have 90 days from the date of public notice
of any Submission complying with the requirements of paragraph (2) of Rule
0400-40-14-.09 and, where
removal credit authorization is sought with paragraph (5) of Rule
0400-40-14-.07 and paragraph (4)
of Rule 0400-40-14-.09, to review the
Submission. The Approval Authority shall review the Submission to determine
compliance with the requirements of paragraphs (2) and (6) of Rule
0400-40-14-.08, and, where
removal credit authorization is sought, with Rule
0400-40-14-.07. The Approval
Authority may have up to an additional 90 days to complete the evaluation of
the Submission if the public comment period provided for in part (2)(a)2 of
this rule is extended beyond 30 days or if a public hearing is held as provided
for in subparagraph (2)(b) of this rule. In no event, however, shall the time
for evaluation of the Submission exceed a total of 180 days from the date of
public notice of a Submission meeting the requirements of paragraph (2) of Rule
0400-40-14-.09 and, in the case
of a removal credit application, paragraph (5) of Rule
0400-40-14-.07 and paragraph (2)
of Rule 0400-40-14-.09.
(2) Public notice and opportunity
for hearing.
Upon receipt of a Submission the Approval Authority shall
commence its review. Within 20 work days after making a determination that a
Submission meets the requirements of paragraph (2) of Rule
0400-40-14-.09 and, where
removal allowance approval is sought, paragraph (4) of Rule
0400-40-14-.07 and paragraph (4)
of Rule 0400-40-14-.09, the Approval
Authority shall:
(a) Issue a public
notice of request for approval of the Submission;
1. This public notice shall be circulated in
a manner designed to inform interested and potentially interested persons of
the Submission. Procedures for the circulation of public notice shall include:
(i) Mailing notices of the request for
approval of the Submission to designated 208 planning agencies, Federal and
State fish, shellfish and wildfish resource agencies (unless such agencies have
asked not to be sent the notices); and to any other person or group who has
requested individual notice, including those on appropriate mailing lists;
and
(ii) Publication of a notice of
request for approval of the Submission in a newspaper(s) of general circulation
within the jurisdiction(s) served by the WWF that provides meaningful public
notice. The Approval Authority may require that the WWF provide the public
notification detailed in this subpart.
2. The public notice shall provide a period
of not less than 30 days following the date of the public notice during which
time interested persons may submit their written views on the
Submission.
3. All written comments
submitted during the 30-day comment period shall be retained by the Approval
Authority and considered in the decision on whether or not to approve the
Submission. The period for comment may be extended at the discretion of the
Approval Authority; and
(b) Provide an opportunity for the applicant,
any affected State, any interested State or Federal agency, person or group of
persons to request a public hearing with respect to the Submission.
1. This request for public hearing shall be
filed within the 30-day (or extended) comment period described in part (a)2. of
this paragraph and shall indicate the interest of the person filing such
request and the reasons why a hearing is warranted.
2. The Approval Authority shall hold a
hearing if the WWF so requests. In addition, a hearing will be held if there is
a significant public interest in issues relating to whether or not the
Submission should be approved. Instances of doubt should be resolved in favor
of holding the hearing.
3. Public
notice of a hearing to consider a Submission, sufficient to inform interested
parties of the nature of the hearing and the right to participate, shall be
published in the same newspaper as the notice of the original request for
approval of the Submission under subpart (a)1.(ii) of this paragraph. In
addition, notice of the hearing shall be sent to those persons requesting
individual notice.
(3) Approval authority decision. At the end
of the 30-day (or extended) comment period and within the 90-day (or extended)
period provided for in paragraph (1) of this rule, the Approval Authority shall
approve or deny the Submission based upon the evaluation in paragraph (1) of
this rule and taking into consideration comments submitted during the comment
period and the record of the public hearing, if held. Where the Approval
Authority makes a determination to deny the request, the Approval Authority
shall so notify the WWF and each person who has requested individual notice.
This notification shall include suggested modifications and the Approval
Authority may allow the requestor additional time to bring the Submission into
compliance with applicable requirements.
(4) EPA objection to Director's decision. No
WWF pretreatment program or authorization to grant removal allowances shall be
approved by the Director if following the 30-day (or extended) evaluation
period provided for in part (2)(a)2. of this rule and any hearing held pursuant
to subparagraph (2)(b) of this rule the Regional Administrator sets forth in
writing objections to the approval of such Submission and the reasons for such
objections. A copy of the Regional Administrator's objections shall be provided
to the applicant, and each person who has requested individual notice. The
Regional Administrator shall provide an opportunity for written comments and
may convene a public hearing on his or her objections. Unless retracted, the
Regional Administrator's objections shall constitute a final ruling to deny
approval of a WWF pretreatment program or authorization to grant removal
allowances 90 days after the date the objections are issued.
(5) Notice of decision.
The Approval
Authority shall notify those persons who submitted comments and participated in
the public hearing, if held, of the approval or disapproval of the Submission.
In addition, the Approval Authority shall cause to be published a notice of
approval or disapproval in the same newspapers as the original notice of
request for approval of the Submission was published. The Approval Authority
shall identify in any notice of WWF Pretreatment Program approval any
authorization to modify categorical Pretreatment Standards which the WWF may
make, in accordance with Rule
0400-40-14-.07, for removal of
pollutants subject to Pretreatment Standards.
(6) Public access to Submission.
The
Approval Authority shall ensure that the Submission and any comments upon such
Submission are available to the public for inspection and
copying.
Notes
Tenn. Comp. R. & Regs.
0400-40-14-.11
Original rule
filed September 17, 2013; effective December 16, 2013. Rule renumbered from
1200-04-14. Amendments filed January 25, 2023; effective
4/25/2023.
Authority: T.C.A. ยงยง
4-5-201, et seq., and 69-3-101, et
seq.