[Code of Federal Regulations]
[Title 40, Volume 14]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR72.65]

[Page 67-68]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 72--PERMITS REGULATION--Table of Contents
 
         Subpart F--Federal Acid Rain Permit Issuance Procedures
 
Sec. 72.65  Public notice of opportunities for public comment.

    (a)(1) The Administrator will give public notice of the following:

[[Page 68]]

    (i) The draft permit or denial of a draft permit and the opportunity 
for public review and comment and to request a public hearing; and
    (ii) Date, time, location, and procedures for any scheduled hearing 
on the draft permit or denial of a draft permit.
    (2) Any public notice given under this section may be for the 
issuance or denial of one or more draft permits.
    (b) Methods. The Administrator will give the public notice required 
by this section by:
    (1) Serving written notice on the following persons (except where 
such person has waived his or her right to receive such notice):
    (i) The designated representative;
    (ii) The air pollution control agencies of affected States; and
    (iii) Any interested person.
    (2) Giving notice by publication in the Federal Register and in a 
newspaper of general circulation in the area where the source covered by 
the Acid Rain permit application is located or in a State publication 
designed to give general public notice. Notwithstanding the prior 
sentence, if a draft permit requires the affected units at a source to 
comply with Sec. 72.9(c)(1) and to meet any applicable emission 
limitation for NOX under Secs. 76.5, 76.6, 76.7, 76.8, or 
76.11 of this chapter and does not include for any unit a compliance 
option under Sec. 72.44, part 74 of this chapter, or Sec. 76.10 of this 
chapter, the Administrator may, in his or her discretion, provide notice 
of the draft permit by Federal Register publication and may omit notice 
by newspaper or State publication.
    (c) Contents. All public notices issued under this section will 
contain the following information:
    (1) Identification of the EPA office processing the issuance or 
denial of the draft permit for which the notice is being given.
    (2) Identification of the designated representative for the affected 
source.
    (3) Identification of each unit covered by the Acid Rain permit 
application and the draft permit.
    (4) Any compliance options proposed for approval in the draft permit 
or for disapproval and the total allowances (including any under the 
compliance options) allocated to each unit if the Acid Rain permit 
application is approved.
    (5) The address and office hours of a public location where the 
administrative record is available for public inspection and a statement 
that all information submitted by the designated representative and not 
protected as confidential under section 114(c) of the Act is available 
for public inspection as part of the administrative record.
    (6) For public notice under paragraph (a)(1)(i) of this section, a 
brief description of the public comment procedures, including:
    (i) A 30-day period for public comment beginning the date of 
publication of the notice or, in the case of an extension or reopening 
of the public comment period, such period as the Administrator deems 
appropriate;
    (ii) The address where public comments should be sent;
    (iii) Required formats and contents for public comment;
    (iv) An opportunity to request a public hearing to occur not earlier 
than 15 days after public notice is given and the location, date, time, 
and procedures of any scheduled public hearing; and
    (v) Any other means by which the public may participate.
    (d) Extensions and Reopenings of the Public Comment Period. On the 
Administrator's own motion or on the request of any person, the 
Administrator may, at his or her discretion, extend or reopen the public 
comment period where he or she finds that doing so will contribute to 
the decision-making process by clarifying one or more significant issues 
affecting the draft permit or denial of a draft permit. Notice of any 
such extension or reopening shall be given under paragraph (a)(1)(i) of 
this section.

[58 FR 3650, Jan. 11, 1993, as amended at 62 FR 55482, Oct. 24, 1997]