R 323.2308 Approval procedures for publicly owned treatment works' pretreatment programs.

Rule 8. (1) The following procedures shall apply to approvals or denials of publicly owned treatment works' pretreatment programs and applications for removal credit authorization: (a) The approval authority shall have 90 days from the date of public notice of any submission complying with the requirements of R 323.2307 and, where removal credit authorization is sought, complying with R 323.2307 and R 323.2313(a) to review the submission. The approval authority shall review the submission to determine compliance with the requirements of R 323.2306 and, where removal credit authorization is sought, with R 323.2313(a). The approval authority may have up to an additional 90 days to complete the evaluation of the submission if the public comment period provided for in this rule is extended beyond 30 days or if a public hearing is held as provided for in subdivision (b)(ii) of this subrule. The time for evaluation of the submission shall not be more than a total of 180 days from the date of public notice of a submission meeting the requirements of R 323.2307 and, in the case of a removal credit application, R 323.2307 and R 323.2313(a). (b) Upon receipt of a submission, the approval authority shall commence its review. Within 20 work days after making a determination that a submission meets the requirements of R 323.2307 and, where removal allowance approval is sought, R 323.2307 and R 323.2313(a), the approval authority shall do both of the following: (i) Issue a public notice of request for approval of the submission. The public notice shall be circulated in a manner designed to inform interested and potentially interested persons of the submission. Procedures for the circulation of public notice shall include all of the following: (A) Mailing notices of the request for approval of the submission to any person or group who has requested individual notice, including those on appropriate mailing lists. (B) Publication of a notice of request for approval of the submission in a newspaper circulated within the jurisdiction served by the publicly owned treatment works. (C) The public notice shall provide a period of not less than 30 days following the date of the public notice during which interested persons may submit their written views on the submission. (D) All written comments submitted during the 30-day comment period shall be retained by the approval authority and considered in the decision on whether or not to approve the submission. The period for comment may be extended at the discretion of the approval authority. (ii) Provide an opportunity for the applicant, any interested state or federal agency, or person or group of persons to request a public hearing with respect to the submission. The request for public hearing shall be filed within the 30-day comment period or the extended comment period provided in this rule and shall indicate the interest of the person filing the request and the reasons why a hearing is warranted. The approval authority shall hold a hearing if the publicly owned treatment works requests a hearing. In addition, a hearing will be held if there is a significant public interest in issues relating to whether or not the submission should be approved and a request for a hearing has been made. Instances of doubt shall be resolved in favor of holding the hearing. Public notice of a hearing to consider a submission and sufficient to inform interested parties of the nature of the hearing and the right to participate shall be published in the same newspaper as the notice of the original request for approval of the submission under this rule. In addition, notice of the hearing shall be sent to persons who request individual notice. (2) At the end of the 30-day comment period or an extended comment period as specified in subrule (1)(b)(i)(C) and (D) of this rule and within the 90-day period or the extended comment period provided for in this rule, the approval authority shall approve or deny the submission based upon the evaluation in accordance with this rule and taking into consideration comments submitted during the comment period and the record of the public hearing, if held. Where the approval authority makes a determination to deny the request, the approval authority shall notify the publicly owned treatment works and each person who has requested individual notice of the denial. The notification shall include suggested modifications and the approval authority may allow the requestor additional time to bring the submission into compliance with applicable requirements. (3) The approval authority shall notify persons who submitted comments and participated in the public hearing, if held, of the approval or disapproval of the submission. In addition, the approval authority shall cause to be published a notice of its decision in a newspaper circulated within the jurisdiction served by the publicly owned treatment works and of incorporation of the approved pretreatment program into the publicly owned treatment works' permit. The approval authority shall identify, in any notice of a publicly owned treatment works' pretreatment program approval, any authorization to modify categorical pretreatment standards for removal credits in accordance with R 323.2313(a).