The following procedure is adopted in approving or denying requests for approval of POTW pretreatment programs and applications for removal credit authorization.

(1) The department has 90 days from the date of public notice of a submission complying with the requirements of ARM 17.30.1412(2) , and where removal credit authorization is sought with the requirements of ARM 17.30.1410 and 17.30.1412(4) , to review the submission.   The department shall review the submission to determine compliance with the requirements of ARM 17.30.1411(2) and (6) , and where removal credit is sought, with ARM 17.30.1410.   The department may have up to an additional 90 days to complete the evaluation of the submission if the public comment period provided for in (2) of this rule is extended beyond 30 days or if a public hearing is held as provided for in (2) (b) of this rule.   In no event, however, may the time for evaluation of the submission exceed a total of 180 days from the date of public notice of a submission.

(2) Upon receipt of a submission, the department will commence its review.   Within 20 days after making a determination that a submission meets the requirements of ARM 17.30.1412(2) , and when a removal credit authorization is sought with ARM 17.30.1410(4) , the department will:

(a) Issue a public notice of request for approval of the submission:

(i) This public notice is circulated in a manner designed to inform interested and potentially interested persons of the submission.   Procedures for the circulation of public notice include mailing notices of the request for approval of the submission to designated CWA section 208 planning agencies, federal and state fish, shellfish, and wildlife resource agencies; and to any other person or group who has requested individual notice, including those on appropriate mailing lists; and publication of a notice of request for approval of the submission in the largest daily newspaper within the jurisdiction served by the POTW.

(ii) The public notice provides a period of not less than 30 days following the date of the public notice during which time interested persons may submit their written views on the submission.

(iii) All written comments submitted during the 30-day comment period are retained by the department and are considered in the decision on whether or not to approve the submission. The period for comment may be extended at the discretion of the department.

(b) Provide an opportunity for the applicant, any affected state, or any interested state or federal agency, person, or group of persons to request a public hearing with respect to the submission:

(i) This request for public hearing must be filed within the 30-day or extended comment period described in (a) (ii) above, and must indicate the interest of the person filing such a request and the reasons why a hearing is warranted.

(ii) The department will hold a hearing if the POTW so requests. 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. Instances of doubt are resolved in favor of holding the hearing.

(iii) Public notice of a hearing to consider a submission and sufficient to inform interested parties of the nature of the hearing and right to participate is published in the same newspaper as the notice of the original request. In addition, notice of the hearing is sent to those persons requesting individual notice.

(3) At the end of the 30-day or extended comment period and within the 90-day or extended period provided for in (1) of this rule, the department will approve or deny the submission based upon the evaluation in (1) of this rule and taking into consideration comments submitted during the comment period and the record of the public hearing, the department will so notify the POTW and each person who has requested individual notice. This notification includes suggested modification, and the department may allow the requestor additional time to bring the submission into compliance with applicable requirements.

(4) No POTW pretreatment program or authorization to grant removal allowances may be approved by the department if following the 30-day or extended evaluation period provided for in (2) (a) (ii) of this rule and any public hearing held pursuant to this rule, the regional administrator sets forth in writing objections to the approval of such submission and the reasons for such objections. A copy of the regional administrator's objections is provided to the applicant and to each person who has requested individual notice. The regional administrator shall provide an opportunity for written comments and may convene a public hearing on his or her objections. Unless retracted, the regional administrator's objections constitute a final ruling to deny approval of a POTW pretreatment program or authorization to grant removal allowances 90 days after the date the objections are issued.

(5) The department will notify those persons who submitted comments and participated in the public hearing, if held, of the approval or disapproval of the submission.   In addition, the department will cause to be published a notice of approval or disapproval in the same newspapers as the original notice of request was published.   The department will identify any authorization to modify categorical pretreatment standards which the POTW may make for removal of pollutants subject to the pretreatment standards.

(6) The department will ensure that the submission and any comments on the submission are available to the public for inspection and copying.