R 299.9511 Public participation procedures.

Rule 511. 

(1)  Except as provided for in subrule (2) of this rule, the requirements of this subrule apply to any person required to obtain a construction permit or operating license under the act or these rules.  Applicants shall comply with all of the following requirements:

            (a)  Prior to submission of an application, the applicant shall hold at least 1 public meeting in order to solicit comments from the public and inform the public of the proposed hazardous waste management activities. 

            (b)  The applicant shall post a sign-in sheet or otherwise provide an opportunity for the preapplication meeting attendees to provide their names and addresses.

            (c)  The applicant shall provide notice of the preapplication meeting not less than 30 days in advance of meeting.  The applicant shall maintain documentation of the preapplication meeting notice and provide the documentation to the director upon request.  The notice of the preapplication meeting shall comply with the following requirements:

                        (i)  The notice shall include all of the following information:

                                    (A)  The date, time, and location of the meeting.

                                    (B)  A brief description of the purpose of the meeting.

                                    (C)  A brief description of the facility and proposed operations, including, the facility address or a map of the facility location.

                                    (D)  A statement encouraging persons to contact the facility not less than 72 hours before the meeting if they require special accommodations to participate in the meeting.

                                    (E)  The name, address, and telephone number of the applicant's contact person.

                        (ii)  The notice shall be provided by the applicant in all of the following forms:

                                    (A)  Published as a display advertisement in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility.  If the director determines that publication in newspapers of general circulation in the adjacent counties or equivalent jurisdictions is necessary to inform the affected public, the director shall advise the applicant to provide  a notice in those newspapers.

                                    (B)  Posted as a notice on a clearly marked sign at or near the facility.  If the applicant places the sign on the facility property, the sign shall be large enough to be readable from the nearest point where the public would pass by the facility.

                                    (C)  Broadcast a notice at least once on 1 local radio station or television station.  The applicant may employ another medium with prior approval from the director.

            (d)  The applicant shall provide a copy of the newspaper publication of the preapplication meeting notice to the director and the appropriate units of state and local government in accordance with 40 C.F.R. §124.10(c)(1)(x).

(2)  The requirements of subrule (1) of this rule do not apply to any of the following: 

            (a)  A renewal operating license application which does not propose any significant changes in facility operations.  For the purposes of this subdivision, "significant changes" shall mean any changes that would qualify as a major modification under the provisions of R 299.9519.

            (b)  An operating license application which is submitted solely to address postclosure requirements or postclosure and corrective action requirements.

            (c)  An operating license modification submitted in accordance with the provisions of R 299.9519.

            (d)  A construction permit or operating license application submitted before the effective date of these rules.

(3)  Except as provided for in subrule (4) of this rule, the director shall comply with all of the following requirements upon receipt of a construction permit or operating license application pursuant to the act or these rules:

            (a)  Within a reasonable period of time after the application is received, provide the facility mailing list and appropriate units of state and local government with notice in accordance with the provisions of 40 C.F.R. §124.10(c)(1)(x) that the application has been submitted to the department and is available for review.  The notice shall include all of the following information:

                        (i)  The name, address, and telephone number of the applicant's contact person.

                        (ii)  The name, address, and telephone number of the department's contact.

                        (iii)  The mailing address to which information, comments, and inquiries may be submitted to the department throughout the application review process.

                        (iv)  The address to which persons may write to be placed on the facility mailing list.

                        (v)  The location where a copy of the application and any supporting documents may be viewed and copied.

                        (vi)  A brief description of the facility and proposed operations, including, the facility address or a map of the facility location, on the front page of the notice.

                        (vii)  The date that the application was received by the department.

            (b)  Concurrent with the notice provided in subdivision (a) of this subrule, place the application and any supporting documents in a location accessible to the public in the vicinity of the facility or at an appropriate department office.

(4)  The requirements of subrule (3) of this rule do not apply to either of the following:

            (a)  An operating license application which is submitted solely to address postclosure requirements or postclosure and corrective action requirements

            (b)  A minor operating license modification as specified in the provisions of R 299.9519(5) and (9).

(5)  The director shall comply with all of the following requirements upon receipt of a construction permit or operating license application pursuant to the act or these rules: 

            (a)  Assess the need, on a case-by-case basis, for an information repository based on the following information:

                        (i)  The level of public interest.

                        (ii)  The type of facility.

                        (iii)  The presence of an existing repository.

                        (iv)  The proximity of the facility to the nearest copy of the administrative record. 

            (b)  If it is determined that an information repository is needed at any time after submittal of the application, notify the applicant that he or she shall establish and maintain an information repository in compliance with the following requirements:

                        (i)  The information repository shall include all documents, reports, data, and information deemed necessary by the director to fulfill the purposes for which the repository is established.  The director shall have the discretion to limit the contents of the information repository. 

                        (ii)  The information repository shall be located and maintained at a site selected by the applicant.  However, if the director finds that the site selected by the applicant is unsuitable for the purposes or persons for which the information repository is established, due to problems with the location, hours of availability, access, or other relevant considerations, the director shall specify a more appropriate site for the information repository.

                        (iii)  The information repository shall be maintained and updated by the applicant for the time period specified by the director.

            (c)  Specify the requirements for informing the public about the information repository. At a minimum, the director shall require the applicant to provide a written notice about the information repository to all individuals on the facility mailing list.

            (d)  Based on the factors outlined in subdivision (a) of this subrule, make decisions regarding the appropriateness of closing the information repository and notify the applicant accordingly.

(6)  For applications for incinerators, boilers, or industrial furnaces, the director shall provide notice to all persons on the facility mailing list and to the appropriate units of state and local government in accordance with the provisions of 40 C.F.R. §124.10(c)(1)(x) announcing the following:

            (a)  The scheduled commencement and completion dates for the trial burn.  The notice shall be mailed within a reasonable time period before the scheduled trial burn.  An additional notice is not required if the trial burn is delayed due to circumstances beyond the control of the facility or the department.  The notice, which shall be issued before the applicant may commence the trial burn, shall contain all of the following information:

                        (i)  The name, address, and telephone number of the applicant's contact person.

                        (ii)  The name, address, and telephone number of the department's contact person.

                        (iii)  The location where the approved trial burn plan and any supporting documents may be reviewed and copied.

                        (iv)  The expected time period for commencement and completion of the trial burn.

            (b)  The department's intention to approve the trial burn plan in accordance with the timing and distribution requirements of 40 C.F.R. §§270.62(b)(6) and 270.66(d)(3) as applicable.  The notice shall contain all of the following information:

                        (i)  The name, address, and telephone number of the facility contact person.

                        (ii)  The name, address, and telephone number of the department's contact person.

                        (iii)  The location where the approved trial burn plan and any supporting documents may be reviewed and copied.

                        (iv)  A schedule of the activities that are required prior to license issuance, including the anticipated time for department approval of the trial burn plan and the time period during which the trial burn will be conducted.

(7)  Before making a final decision on a major permit modification or major license modification, construction permit application, or operating license application, the director or his or her designee shall, when authorized pursuant to the provisions of 40 C.F.R. part 271, do the following:

            (a)  Prepare either a draft major permit modification or major license modification, construction permit, operating license, or a notice of intent to deny.

            (b)  For major facilities, prepare a fact sheet pursuant to the provisions of R 299.9512 that briefly sets forth the significant factual, methodological, and policy questions considered in preparing the draft major permit modification or major license modification, construction permit, operating license, or notice of intent to deny and send this fact sheet to the applicant and, upon request, any other person.

            (c)  Publish a public notice that a draft construction permit, operating license, or notice of intent to deny has been prepared and allow not less than 45 days for public comment.

            (d)  Publish a public notice that a draft major permit modification or major license modification has been prepared and allow not less than 60 days for public comment.

            (e)  Provide public notice of any public hearing scheduled pursuant to the provisions of R 299.9514 not less than 30 days before the hearing date.

            (f)  Prepare and make available to the public a response to comments on the draft major permit modification or major license modification, construction permit, operating license, or notice of intent to deny, which shall do all of the following:

                        (i)  Specify which provisions of the draft major permit modification or major license modification, construction permit, or operating license have been changed, if any, and the reasons for the changes.

                        (ii)  Briefly describe and respond to all significant comments raised during the public comment period or any hearing.

                        (iii)  Indicate whether the comment period is to be reopened or extended or, in the case of a construction permit application, whether the site review board is to be reconvened.

                        (iv)  For notices of intent to deny, the reasons for denial.

(8)  If the director decides to prepare a draft construction permit or operating license, he or she shall prepare a draft permit or license that contains the information specified in the provisions of R 299.9521.

(9)  Draft major permit modifications or major license modifications, permits, and licenses that are prepared by the director pursuant to the provisions of this rule shall be accompanied by a fact sheet pursuant to the provisions of R 299.9512, publicly noticed pursuant to the provisions of R 299.9513, and made available for public comment.  The director shall give notice of the opportunity for a public hearing pursuant to the provisions of R 299.9514, issue a final decision, and respond to comments pursuant to the provisions of R 299.9515.