Section 252.201  Notice and Opportunity to Comment

a)         The Agency shall issue a notice for the issuance of any permit described in Section 252.102 of this Part and renewal of any operating permit described in Section 252.102 of this Part, and permit actions described in Section 252.103 of this Part.

b)         The notice shall be sent to:

1)         The public, at least one time, by display advertisement in a newspaper of general circulation in the area where the source is located;

2)         Local government air pollution control offices within Illinois that are in the area affected by the source;

3)         The chief executives of the municipality and county in which the source is to be located, including the mayor or president, clerk, county board chairman, county clerk, and state's attorney;

4)         Members of the General Assembly from the legislative district in which the source is located;

5)         Any state whose air quality may be affected and which is contiguous to Illinois or which is within 50 miles of the source;

6)         Other officials and agencies identified in 40 CFR 51.24(g)(iv) (1983), for PSD sources only;

7)         The permit applicant; and

8)         Persons on the public participation mailing list for the air pollution control permit program.

c)         The notice shall include:

1)         The name and address of the applicant and the source;

2)         The location of the source if different from the applicant's address;

3)         The activity or activities involved in the permit action;

4)         For a proposed significant modification, a description of the change in the amount or character of the emissions which may result from the modification;

5)         The preliminary decision of the Agency to grant the permit;

6)         For the issuance of a PSD permit, the degree of ambient air increment consumed by the project;

7)         For a case-by-case MACT determination pursuant to Section 112(g) and Section 112(j) of the CAA, a description of the emission limitation or work practice standard in the draft permit that constitutes MACT;

8)         The location of the documents available for public review;

9)         A request for written comments on the Agency's draft proposed permit;

10)         The date by which comments must be postmarked;

11)         Instructions on how to request a public hearing if a decision to hold a hearing has not already been made pursuant to Section 252.205(a) or (b); and

12)         The name, address, and telephone number of the Agency contact person from whom the public may obtain additional information.

(Agency Note:  Material properly claimed as trade secret or confidential pursuant to Sections 7 and 7.1 of the Act and 2 Ill. Adm. Code Part 1827 will not be subject to public disclosure under this Part.  An applicant claiming a trade secret shall provide, in addition to the complete application, a copy of the application for public notice in which the material claimed as trade secret has been deleted.)

d)         The notice to the permit applicant shall also include the draft permit and fact sheet or statement of basis required by Section 252.203 of this Part.

e)         The notice shall provide for a 30-day public comment period. The Agency may extend the comment period on written request if any applicable statutory period for the Agency decision, as prescribed in Section 39 of the Act, allows for an extension.

(Source:  Amended at 22 Ill. Reg. 19253, effective October 13, 1998)