WAC 173-400-171   Public involvement.  (1) Internet notification of receipt of an application.

     (a) For applications and actions not subject to a mandatory public notice and comment period per subsection (2)(a) of this section, the permitting authority will either:

     (i) Post on the permitting authority's internet web site an announcement of the receipt of notice of construction applications and other proposed actions; or

     (ii) Follow the public involvement process found in subsection (3) of this section.

     (b) For internet notification, notice shall remain on the permitting authority's web site for a minimum of fifteen consecutive days. The internet posting shall include notice of the receipt of the application, the type of proposed action, and a statement that the public may request a public comment period on the proposed action.

     (c) Requests for a public comment period shall be submitted to the permitting authority in writing via letter, fax, or electronic mail within fifteen days of its internet posting. A public notice and comment period shall be provided pursuant to subsections (3) and (4) of this section for any application or proposed action that receives such a request. Any application or proposed action for which a public comment period is not requested may be processed without further public involvement at the end of the fifteen-day comment period.

     (d) Any application or proposed action that automatically requires a public comment period pursuant to subsection (2) of this section or for which the agency proposes to have a public comment period does not have to be announced on the permitting authorities' internet web site.

     (2) Actions subject to public notice and comment.

     (a) The permitting authority must provide public notice and a public comment period before approving or denying any of the following types of applications or other actions:

     (i) Notice of construction application for any new or modified source, including the initial application for operation of a portable source, if an increase in emissions of any air pollutant at a rate above the emission threshold rate (defined in WAC 173-400-030) or any increase in a pollutant regulated under chapter 173-460 WAC which will increase above the small quantity emission rate listed in WAC 173-460-080 (2)(e) would result; or

     (ii) Any use of a modified or substituted air quality model, other than a guideline model in Appendix W of 40 CFR Part 51 (in effect on October 1, 2006) as part of review under WAC 173-400-110, 173-400-112, 173-400-113, 173-400-117, or 173-400-720; or

     (iii) Any order to determine RACT; or

     (iv) An order to establish a compliance schedule or a variance; or

     (v) An order to demonstrate the creditable height of a stack which exceeds the GEP formula height and sixty-five meters, by means of a fluid model or a field study, for the purposes of establishing an emission limitation; or

     (vi) An order to authorize a bubble; or

     (vii) Any action to discount the value of an ERC issued to a source per WAC 173-400-136(6); or

     (viii) Any regulatory order to establish BART for an existing stationary facility; or

     (ix) Notice of construction application or regulatory order used to establish a creditable emission reduction; or

     (x) An order issued under WAC 173-400-091 that establishes limitations on a source's potential to emit; or

     (xi) The original issuance and the issuance of all revisions to a general order of approval issued under WAC 173-400-560; or

     (xii) Any extension of the deadline to begin actual construction of a "major stationary source" or "major modification" in a nonattainment area; or

     (xiii) Exception. PSD actions, under WAC 173-400-730 and 173-400-740 are not required to follow the procedures in this section. The public involvement for these projects shall follow the procedures in WAC 173-400-730(4) and 173-400-740.

     (b) Ecology must provide notice on the following ecology only actions:

     (i) A Washington state recommendation that will be submitted by the director of ecology to EPA for approval of a SIP revision, including plans for attainment, maintenance, and visibility protection; or

     (ii) A Washington state recommendation to EPA for designation or redesignation of an area as attainment, nonattainment, or unclassifiable; or

     (iii) A Washington state recommendation to EPA for a change of boundaries of an attainment or nonattainment area; or

     (iv) A Washington state recommendation to EPA for redesignation of an area under WAC 173-400-118.

     (c) The permitting authority will provide public notice before approving or denying any application or other action for which the permitting authority determines there is substantial public interest.

     (d) A notice of construction application designated for integrated review with an application to issue or modify an operating permit shall be processed in accordance with the operating permit program procedures and deadlines. A project designated for integrated review that includes a notice of construction application for a major modification in a nonattainment area, or a notice of construction application for a major stationary source in a nonattainment area must also comply with public notice requirements in this section. A project designated for integrated review that includes a PSD permit application must also comply with the requirements in WAC 173-400-730 and 173-400-740.

     (3) Public notice. Public notice shall be made only after all information required by the permitting authority has been submitted and after applicable preliminary determinations, if any, have been made. The applicant or other initiator of the action must pay the cost of providing public notice. Public notice shall include:

     (a) Availability for public inspection. The information submitted by the applicant, and any applicable preliminary determinations, including analyses of the effects on air quality, must be available for public inspection in at least one location near the proposed project. Exemptions from this requirement include information protected from disclosure under any applicable law, including, but not limited to, RCW 70.94.205 and chapter 173-03 WAC.

     (i) For a redesignation of a class II area under WAC 173-400-118, ecology must make available for public inspection at least thirty days before the hearing the explanation of the reasons for the proposed redesignation.

     (ii) For a revision of the SIP subject to subsection (2)(b)(iii) of this section, ecology must make available for public inspection the information related to the action at least thirty days before the hearing.

     (b) Newspaper publication. Public notice of the proposed project must be published in a newspaper of general circulation in the area of the proposed project and must include:

     (i) The name and address of the owner or operator and the facility;

     (ii) A brief description of the proposal;

     (iii) The location of the documents made available for public inspection;

     (iv) A thirty-day period for submitting written comment to the permitting authority;

     (v) A statement that a public hearing may be held if the permitting authority determines within a thirty-day period that significant public interest exists or for those actions listed in WAC 173-400-171 (5)(b) with a mandatory public hearing requirement, the time, date, and location of the public hearing.

     (vi) The length of the public comment period in the event of a public hearing;

     (vii) For projects subject to special protection requirements for federal Class I areas in WAC 173-400-117 (5)(c), public notice shall either explain the permitting authority's decision or state that an explanation of the decision appears in the support document for the proposed order of approval; and

     (viii) For a redesignation of an area under WAC 173-400-118, public notice shall state that an explanation of the reasons for the proposed redesignation is available for review at the public location.

     (c) Notifying EPA. A copy of the public notice will be sent to the EPA Region 10 regional administrator.

     (d) Additional public notice requirements for a SIP revision. For a revision to the SIP that is submitted by the director of ecology, ecology must publish the public notice required by subsection (3)(b) of this section in the Washington State Register in advance of the date of the public hearing.

     (4) Public comment.

     (a) The public comment period must be at least the thirty-day period for written comment specified in the public notice.

     (b) If a public hearing is held, the public comment period must extend through the hearing date.

     (c) The permitting authority shall make no final decision on any application or action of any type described in subsection (1) of this section until the public comment period has ended and any comments received during the public comment period have been considered.

     (5) Public hearings.

     (a) The applicant, any interested governmental entity, any group, or any person may request a public hearing within the thirty-day public comment period. A request must indicate the interest of the entity filing it and why a hearing is warranted. The permitting authority may hold a public hearing if it determines significant public interest exists. The permitting authority will determine the location, date, and time of the public hearing.

     (b) Ecology must hold a hearing on the following ecology only actions:

     (i) A Washington state recommendation to EPA that will be submitted by the director of ecology for approval of a SIP revision;

     (ii) A Washington state recommendation to EPA for a change of boundaries of an attainment or nonattainment area;

     (iii) A Washington state recommendation to EPA for designation of an area as attainment, nonattainment, or unclassifiable; and

     (iv) A Washington state recommendation to EPA to redesignate an area under WAC 173-400-118.    

     (c) Ecology must provide at least thirty days prior notice of a hearing required under subsection (4)(b) of this section.

     (6) Other requirements of law. Whenever procedures permitted or mandated by law will accomplish the objectives of public notice and opportunity for comment, those procedures may be used in lieu of the provisions of this section.



[Statutory Authority: RCW 70.94.395 and 70.94.331. 07-11-039 (Order 06-03), § 173-400-171, filed 5/8/07, effective 6/8/07. Statutory Authority: RCW 70.94.152. 05-03-033 (Order 03-07), § 173-400-171, filed 1/10/05, effective 2/10/05. Statutory Authority: Chapter 70.94 RCW, RCW 70.94.141, [70.94.]152,[70.94.]331 , [70.94.]510 and 43.21A.080. 01-17-062 (Order 99-06), § 173-400-171, filed 8/15/01, effective 9/15/01. Statutory Authority: Chapter 70.94 RCW. 95-07-126 (Order 93-40), § 173-400-171, filed 3/22/95, effective 4/22/95; 93-18-007 (Order 93-03), § 173-400-171, filed 8/20/93, effective 9/20/93; 91-05-064 (Order 90-06), § 173-400-171, filed 2/19/91, effective 3/22/91.]