§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repealed pursuant to chapter 91.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]