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

(1)  The director shall make available for publicinspection in at least one location in the county affected by the proposedaction, 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 proposedaction; and

(D)  Other information and documents deemedappropriate by the department;

(2)  The director shall notify the public of theavailability of information listed in paragraph (1).  Public notification shallbe given once in the county affected by the proposed action, or in which thesource is or would be located.  The director shall also post this notice on thedepartment’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 lessthan thirty days following the date of the public notice during which timeinterested persons may submit written comments on the subject matter,application, department’s analysis and proposed actions, and other appropriateconsiderations.  The period for comment may be extended at the discretion ofthe 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’sdecision.  Any person may request a public hearing.  The request shall be inwriting and shall be filed within the thirty-day comment period prescribed inparagraph (4) and shall indicate the interest of the party filing the requestand the reasons why a hearing is warranted.  The director shall give the publicnotice for a hearing in accordance with paragraph (2) at least thirty days inadvance of the hearing date and shall conduct the hearing in the county whichwould be affected by the proposed action, or in which the source is or would belocated.

(b)  All rules shall be adopted, amended, andrepealed pursuant to chapter 91.  The director shall provide written notice toany person, who submitted comments during the comment period or presentedtestimony during the public hearing, of the final action taken by thedepartment with respect to the rules.

(c)  The director shall hold a public hearingwhen revising the state implementation plan required by the Clean Air Act, andthe amendments thereto, and the regulations promulgated thereunder. [L 1992, c240, pt of §1; am L 1993, c 208, §4; am L 1998, c 2, §87; am L 2000, c 150, §2]