Subchapter H. PUBLIC NOTICE AND HEARINGS

§ 270a.80. Public notice and comment requirements.

 (a)  The Department gives public notice of the following actions:

   (1)  An application for a permit or a Class 2 or Class 3 permit modification is tentatively denied under § §  270a.29 and 270a.41 and 40 CFR 270.29 and 270.41.

   (2)  A draft permit is prepared under §  270a.10(c) (relating to general application requirements).

   (3)  A hearing is scheduled under §  270a.81(b) (relating to public hearings).

   (4)  A closure/postclosure plan is received in accordance with the incorporated requirements of 40 CFR 264.112, 265.112, 264.118 or 265.118.

 (b)  A public notice of the preparation of a draft permit, including a notice of intent to deny a permit application, required under subsection (a) provides for at least 45 days for public comment.

 (c)  The Department gives public notice of a public hearing at least 30 days before the hearing. Public notice of the hearing may be given at the same time as public notice of the draft permit, and the two notices may be combined.

 (d)  The Department gives public notice of activities described in subsection (a) by the following methods:

   (1)  By mailing a copy of a notice to the following, persons otherwise entitled to receive notice under this paragraph may waive the right to receive notice for classes and categories of permits:

     (i)   The applicant.

     (ii)   An agency which the Department knows has issued or is required to issue a RCRA, underground injection control, prevention of significant deterioration (or other permit under the Clean Air Act), NPDES, 404, sludge management permit or ocean dumping permit under the Marine Protection, Research and Sanctuaries Act of 1972 (Pub. L. No. 92-532, 86 Stat. 052) for the same facility or activity, including the EPA.

     (iii)   An appropriate Federal or State agency with jurisdiction over fish, shellfish and wildlife resources or coastal zone management plans, State historic preservation officers, advisory council on historic preservation and other appropriate government authorities, including affected states.

     (iv)   A person on a mailing list developed by the Department, that includes a person who submits to the Department a request in writing to be on the list, a person solicited for area lists from participants in past permit proceedings in that area, and a member of the public notified of the opportunity to be put on the mailing list through periodic publication in the public press and in regional and State-funded newsletters, environmental bulletins or State law journals. The Department may update the mailing list from time to time by requesting written indication of continued interest from those listed. The Department may delete from the list the name of a person who fails to respond to the request.

     (v)   Units of local government having jurisdiction over the area where the facility is located.

     (vi)   State agencies having authority under State statute with respect to the construction or operation of the facility.

   (2)  Publication of a notice in the Pennsylvania Bulletin and in a daily or weekly major local newspaper of general circulation and broadcast over local radio stations.

   (3)  In a manner constituting legal notice to the public under State statute.

   (4)  By other methods reasonably calculated to give actual notice of the action in question to a person potentially affected by it, including press releases or another forum or medium to elicit public participation.

 (e)  A public notice issued under this section shall contain the following minimum information:

   (1)  The name and address of the office processing the permit action for which notice is being given.

   (2)  The name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit.

   (3)  A brief description of the business conducted at the facility or activity described in the permit application or the draft permit.

   (4)  The name, address and telephone number of a person from whom an interested person may obtain further information, including copies of the draft permit, the statement of basis or fact sheet, and the application.

   (5)  A brief description of the comment procedures required by §  270a.81, the time and place of a hearing that will be held, including a statement of procedures to request a hearing, unless a hearing has already been scheduled, and other procedures by which the public may participate in the final permit decision.

   (6)  Additional information which the Department considers necessary or proper.

 (f)  In addition to the general public notice described in subsection (e), the public notice of a hearing under §  270a.81(b) shall contain the following information:

   (1)  A reference to the date of previous public notices relating to the permit.

   (2)  The date, time and place of the hearing.

   (3)  A brief description of the nature and purpose of the hearing, including the applicable procedures.

 (g)  In addition to the general public notice described in subsection (e), a person identified in subsection (d)(1)(i) and (ii) will be mailed a copy of the fact sheet or statement of basis, the draft permit and, if applicable, the permit application.

 (a)  During the public comment period provided under §  270a.80 (relating to public notice and comment requirements), an interested person may submit written comments on the draft permit and may request a public hearing, if a hearing is not already scheduled. A request for a public hearing shall be in writing and state the nature of the issues proposed to be raised in the hearing. The Department considers comments in making its final decision and answers these comments as provided in §  270a.10(c) (relating to general application requirements and permit issuance procedures).

 (b)  The Department follows the following procedures in a public hearing held under this subchapter:

   (1)  The Department holds a public hearing whenever, on the basis of requests received under subsection (a), it determines that a significant degree of public interest in a draft permit exists.

   (2)  The Department may hold a public hearing whenever a hearing might clarify issues involved in the permit decision.

   (3)  The Department holds a public hearing whenever it receives written notice of opposition to a draft permit and a request for a hearing within 45 days of public notice, under §  270a.80.

   (4)  The Department schedules, when possible, a hearing under this section at a location convenient to the nearest population center to the proposed facility.

   (5)  The Department gives public notice of the hearing under §  270a.80.

   (6)  A person may submit oral or written statements and data concerning the draft permit before, during or after the public hearing, as long as the Department receives the statements and data during the public comment period. The Department may set reasonable limits upon the time allowed for oral statements and may require the submission of statements in writing. The public comment period under §  270a.80 is automatically extended to the close of a public hearing under this section. The Department’s hearing officer may also extend the comment period by so stating at the hearing.

   (7)  The Department makes a tape recording or written transcript of the hearing available to the public.

   The provisions of this §  270a.81 amended December 13, 2002, effective December 14, 2002, 32 Pa.B. 6102. Immediately preceding text appears at serial pages (255053) to (255054).

 (a)  Information provided to the Department under this article is made available to the public in accordance with the current Departmental policy on public information. The Department makes every effort to respond to written requests in a timely manner by providing the materials requested or a written response explaining why the request cannot be honored.

 (b)  The Department releases material obtained regarding facilities and sites for the treatment, storage and disposal of hazardous waste, unless the material is subject to a claim of confidentiality under §  270a.12 (relating to confidentiality of information) or other law or regulation. These records include:

   (1)  Permit applications and modifications.

   (2)  Annual reports.

   (3)  Closure plans.

   (4)  Notification of facility closure.

   (5)  Contingency plan incidence reports.

   (6)  Delisting petitions and other petitions for variances or waivers.

   (7)  Financial responsibility instruments.

   (8)  Environmental monitoring data, such as groundwater monitoring data.

   (9)  Transporter spill reports.

   (10)  International shipment reports.

   (11)  Manifest exception, discrepancy and unmanifested waste reports.

   (12)  EPA facility identification numbers.

   (13)  General correspondence with the facility.

   (14)  Enforcement orders.

   (15)  Inspection reports.

 (a)  Applicability.

   (1)  This section applies to RCRA Part B applications seeking initial permits for hazardous waste management units over which the Department has permit issuance authority.

   (2)  This section also applies to RCRA Part B applications seeking renewal of permits for the units, if the renewal application is proposing a significant change in facility operations.

   (3)  For the purposes of this section, a ‘‘significant change’’ is a change that would qualify as a Class 3 permit modification under 40 CFR 270.42 (relating to permit modification at the request of the permittee) and §  270a.42 (relating to permit modification at the request of the permittee).

   (4)  This section also applies to hazardous waste management facilities for which facility owners or operators are seeking coverage under a RCRA standardized permit (see 40 CFR Part 270, Subpart J (relating to RCRA standardized permits for storage and treatment units)), including renewal of a standardized permit for the units, when the renewal is proposing a significant change in facility operations, as defined in 40 CFR 124.211(c) (relating to what types of changes may I make to my standardized permit?).

   (5)  This section does not apply to Class 1 or Class 2 permit modifications under 40 CFR 270.42 and §  270a.42 or to applications that are submitted for the sole purpose of conducting postclosure activities or postclosure activities and corrective action at a facility.

 (b)  Prior to the submission of a Part B RCRA permit application for a facility, or to the submission of a written Notice of Intent to be covered by a RCRA standardized permit (see 40 CFR Part 270, Subpart J), the applicant shall hold at least one meeting with the public to solicit questions from the community and inform the community of proposed hazardous waste management activities. The applicant shall post a sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names and addresses.

 (c)  The applicant shall submit a summary of the meeting, along with the list of attendees and their addresses developed under subsection (b), and copies of any written comments or materials submitted at the meeting, to the Department as a part of the Part B application, under 40 CFR 270.14(b) (relating to contents of Part B: general requirements), or with the written Notice of Intent to be covered by a RCRA standardized permit (see 40 CFR Part 270, Subpart J).

 (d)  The applicant shall provide public notice of the preapplication meeting at least 30 days prior to the meeting. The applicant shall maintain, and provide to the Department upon request, documentation of the notice.

   (1)  The applicant shall provide public notice in the following forms:

     (i)   Newspaper advertisement. The applicant shall publish a notice, fulfilling the requirements in paragraph (2), in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility. In addition, the Department will instruct the applicant to publish the notice in newspapers of general circulation in adjacent counties or equivalent jurisdictions, if the Department determines that the publication is necessary to inform the affected public. The notice shall be published as a display advertisement.

     (ii)   Visible and accessible sign. The applicant shall post a notice on a clearly marked sign at or near the facility, fulfilling the requirements in paragraph (2). 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 site.

     (iii)   Broadcast media announcement. The applicant shall broadcast a notice, fulfilling the requirements in paragraph (2), at least once on at least one local radio station or television station. The applicant may employ another medium with prior approval of the Department.

     (iv)   Notice to the Department. The applicant shall send a copy of the newspaper notice to the Department and to the appropriate units of State and local government.

   (2)  The notices required under paragraph (1) must include the following:

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

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

     (iii)   A brief description of the facility and proposed operations, including the address or a map—for example, a sketched or copied street map—of the facility location.

     (iv)   A statement encouraging people to contact the facility at least 72 hours before the meeting if they need special access to participate in the meeting.

     (v)   The name, address and telephone number of a contact person for the applicant.

   The provisions of this §  270a.83 amended under sections 105, 402 and 501 of the Solid Waste Management Act (35 P. S. § §  6018.105, 6018.402 and 6018.501); sections 303 and 305(e)(2) of the Hazardous Sites Cleanup Act (35 P. S. § §  6020.303 and 6020.305(e)(2)); section 5, 402 and 501 of The Clean Streams Law (35 P. S. § §  691.5, 691.402 and 691.501); and section 1920-A of The Administrative Code of 1929 (71 P. S. § §  510-20).

   The provisions of this §  270a.83 amended December 13, 2002, effective December 14, 2002, 32 Pa.B. 6102; amended January 9, 2009, effective January 10, 2009, 39 Pa.B. 201. Immediately preceding text appears at serial pages (294549) to (294550).

 (a)  This section applies to applications seeking hazardous waste management permits for hazardous waste management units over which the Department has permit issuance authority.

 (b)  The Department assesses the need, on a case-by-case basis, for an information repository.

   (1)  When assessing the need for an information repository, the Department considers a variety of factors, including:

     (i)   The level of public interest.

     (ii)   The type of facility.

     (iii)   The presence of an existing repository.

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

   (2)  If the Department determines, at any time after submittal of a permit application, that there is a need for a repository, the Department notifies the facility that it shall establish and maintain an information repository. See 40 CFR 270.30(m) (relating to conditions applicable to all permits) for similar provisions relating to the information repository during the life of a permit.

 (c)  The information repository shall contain the documents, reports, data and information deemed necessary by the Department to fulfill the purposes for which the repository is established. The Department has the discretion to limit the contents of the repository.

 (d)  The information repository shall be located and maintained at a site chosen by the facility. The Department specifies a more appropriate site if, due to problems with the location, hours of availability, access or other relevant considerations, the Department finds the site unsuitable for the purposes and persons for which it was established.

 (e)  The Department specifies requirements for informing the public about the information repository. At a minimum, the facility shall provide a written notice about the information repository to all individuals on the facility mailing list.

 (f)  The facility owner or operator is responsible for maintaining and updating the repository with appropriate information throughout a time period specified by the Department. The Department may close the repository based on the factors in subsection (b).