W. Va. Code R. § 45-13-8 - Public Review Procedures

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.

8.5. Notice Level C. In addition to the notice requirements under subsection 8.3, for eligible sources for which the agency intends to issue a permit to limit physical and operational capacity below major stationary source thresholds (including 45CSR14, 45CSR19, 45CSR30 and 45CSR34), 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. 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 that will be discharged, the nature of the permit being sought and the proposed start-up date for the source. Additionally, the applicant shall be required to place a commercial display advertisement as set forth in subdivision 8.4a. and a sign as set forth in subdivision 8.5.a.

8.5.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 of submittal of a permit application, the applicant shall post a visible and accessible sign, at a minimum 2 feet square, at the entrance to the source or proposed site. The sign must be clearly marked indicating that an air quality permit has been applied for and include the West Virginia Division of Air Quality permitting section telephone number for additional information. The applicant must post the sign for the duration of the public notice period.

8.6. At the Secretary's discretion, public notice requirements of subsection 8.4 may be moved to the next higher notice level.

8.7. The Secretary shall, prior to issuance of any permit subject to public notice under subsections 8.4 or 8.5, prepare an engineering evaluation supporting his or her stated intent to issue such a permit and shall transmit to U. S. EPA and any other interested party which so requests, a non-confidential copy of the engineering evaluation and a draft copy of the permit which is proposed for issuance. Concurrently, the Secretary shall notify the public through a Class I legal advertisement in accordance with the provisions of subsections 8.4 or 8.5.

8.8. The Secretary shall review and appropriately address any comments received from the public and U. S. EPA prior to permit issuance.

8.9. Public notice of any proposed new or revised general permit, Class I or Class II, must be conducted by the agency in accordance with the provisions of subsection 8.4. The Secretary shall, prior to issuance or revision of any general permit, prepare a rationale document supporting his or her stated intent to issue or revise such general permit and shall transmit to U. S. EPA and any other interested party which so requests, a non-confidential copy of the rationale document and a draft copy of the general permit which is proposed for issuance or revision. The Secretary shall review and appropriately address any comments received from the public and U. S. EPA prior to the issuance or revision of any general permit.

Notes

W. Va. Code R. § 45-13-8