342B-13 Public participation. (a) Except as provided in subsections (b) and (c), where public participation is deemed appropriate by the director or is required, the director shall provide for notice and opportunity for public comment as follows:

(1) The director shall make available for public inspection in at least one location in the county affected by the proposed action, or in which the source is or would be located:

(A) Information on the subject matter;

(B) All information submitted by the applicant, except for that deemed confidential;

(C) The department's analysis and proposed action; and

(D) Other information and documents deemed appropriate by the department;

(2) The director shall notify the public of the availability of information listed in paragraph (1). Public notification shall be given once in the county affected by the proposed action, or in which the source is or would be located. The director shall also post this notice on the department's web site in an easily-located manner;

(3) Public notice shall be mailed to any person, group, or agency upon request;

(4) The director shall provide a period of not less than thirty days following the date of the public notice during which time interested persons may submit written comments on the subject matter, application, department's analysis and proposed actions, and other appropriate considerations. The period for comment may be extended at the discretion of the director; and

(5) The director, at the director's sole discretion, may hold a public hearing if the public hearing would aid in the director's decision. Any person may request a public hearing. The request shall be in writing and shall be filed within the thirty-day comment period prescribed in paragraph (4) and shall indicate the interest of the party filing the request and the reasons why a hearing is warranted. The director shall give the public notice for a hearing in accordance with paragraph (2) at least thirty days in advance of the hearing date and shall conduct the hearing in the county which would be affected by the proposed action, or in which the source is or would be located.

(b) All rules shall be adopted, amended, and repealed pursuant to chapter 91. The director shall provide written notice to any person, who submitted comments during the comment period or presented testimony during the public hearing, of the final action taken by the department with respect to the rules.

(c) The director shall hold a public hearing when revising the state implementation plan required by the Clean Air Act, and the amendments thereto, and the regulations promulgated thereunder. [L 1992, c 240, pt of 1; am L 1993, c 208, 4; am L 1998, c 2, 87; am L 2000, c 150, 2]



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