Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part I - Office of the Secretary
Subpart 1 - Departmental Administrative Procedures
Chapter 15 - Permit Application and Working Draft Permit Review
Section I-1505 - Review of Permit Applications for New Facilities and Substantial Permit Modifications
Universal Citation: LA Admin Code I-1505
Current through Register Vol. 50, No. 9, September 20, 2024
A. Administrative Completeness Review
1. After
receipt of a permit application for a new facility or an application for a
substantial permit modification, the department shall perform an administrative
completeness review and, if applicable, submit written notification to the
applicant that lists the application's specific administrative deficiencies or
additional information needed for application processing. Permit application
forms and checklists of required information in the permit application review
process shall be provided to the applicant upon request.
2. The applicant shall respond to the notice
of deficiency or the request for additional information within the amount of
time specified in the notice or request. This response shall contain all of the
information required by the department to proceed with processing the
application, unless otherwise provided for in Subsection E of this
Section.
3. Within 60 processing
days from the date a permit application is submitted, the department shall:
a. issue a letter of administrative
completeness; or
b. notify the
applicant that the application has been suspended because the required
administrative information has not been received within the amount of time
specified by the department.
4. The applicant's failure to address an
application deemed suspended may result in a permit denial, based on an
incomplete application.
5. Within
30 days after receipt of a letter of administrative completeness, the applicant
shall publish a notice, provided by the department, of the administrative
completeness determination in a major local newspaper of general circulation
and submit proof of publication to the Office of Environmental
Services.
6. The requirement for
publication of a notice of administrative completeness may be waived for
applications for air quality permits for sources not defined as major in LAC
33:III.502 or 5103.
7. The
requirement for publication of a notice of administrative completeness may be
waived for applications for water quality permits for sources defined as minor
by the administrative authority.
B. Technical Review
1. If at any time during the application
review process the application is found to contain technical deficiencies, or
if additional information is needed to correct or clarify the application, the
department shall provide a written notice or request to the applicant and
require a response within a specified time.
2. The applicant shall respond to the notice
of technical deficiency or request for additional information within the time
specified in the notice or request. This response shall be deemed adequate only
if it contains all of the information specified in the notice of technical
deficiency or request for additional information as required by the department
to complete the review of the application.
3. If the applicant does not supply the
required information within the time period specified in the notice of
technical deficiency or request for additional information, the department may
notify the applicant that the application has been suspended because the
required information has not been received within the amount of time specified
by the department.
4. The
applicant's failure to address an application deemed suspended may result in a
permit denial, based on an incomplete application.
5. Applications undergoing technical review
shall not be subject to rule changes that occur during the technical review
unless such changes are made in accordance with
R.S.
49:953(B)(1) or are required
by federal law or regulation to be incorporated prior to permit issuance.
However, such a rule change made prior to the issuance of the permit may
constitute grounds for a modification of the final permit.
C. Final Decision
1. The secretary or his designee shall issue
a final decision within 300 processing days from the submission date of the
application.
2. The
300-processing-day deadline shall be extended where additional time is
required:
a. for the applicant to revise or
supplement the application to address technical information or deficiencies in
the application;
b. for
adjudicatory or judicial proceedings under
R.S.
30:2024;
c. for required review by the United States
Environmental Protection Agency; or
d. for consideration of comments received at
a public hearing in the case of an extraordinary public response, however in no
case shall the extension for consideration of comments exceed 45
days.
D. Exceptions. Notwithstanding any other provisions of this Chapter to the contrary, the following requirements shall pertain to all applications for permits relating to oil and gas wells and pipelines.
1. Within 14 workdays after submittal of a
permit application, the department shall perform an administrative completeness
review and make a determination as follows.
a. If the application is deemed
administratively complete, the department shall issue notification of the
administrative completeness determination to the applicant.
b. If the application is not deemed
administratively complete, the department shall notify the applicant in writing
and provide a list of the application's specific administrative deficiencies.
This notice shall specify the date by which the administrative information is
to be submitted.
2. If,
during the technical review, additional information is needed, the department
shall notify the applicant in writing and shall specify the date by which the
information is to be submitted.
3.
If the applicant does not submit the required administrative or technical
information within the specified time period as requested by the department,
the department may notify the applicant that the application has been suspended
because the required information has not been received within the amount of
time specified by the department.
4. The applicant's failure to address an
application deemed suspended may result in a permit denial, based on an
incomplete application.
5. Within
60 processing days after a permit application has been submitted to the
department, the secretary or his designee shall issue a final decision to grant
or to deny the permit.
6. In the
event of a permit denial, the secretary or his designee shall provide written
reasons for the decision to all parties.
7. If the secretary or his designee does not
grant or deny the permit within the time period provided for herein, the
applicant may file a rule as provided for in
R.S.
49:962.1.
E. Extensions. Any deadline established by this Section may be extended. A request for an extension of any deadline shall be submitted in writing by the permit applicant or by the secretary or his designee. The request shall specify the reasons and any special conditions that support a deadline extension. Written responses to all extension requests shall be submitted to the requestor within 10 days of receipt of the request.
F. Withdrawal of Permit Application
1. An applicant may voluntarily
withdraw an application during the review process, without prejudice, provided
notice of withdrawal is submitted to the Office of Environmental Services in
writing with the appropriate signatory authority, and:
a. the applicant has voluntarily submitted an
application for a new facility and such an application is not required other
than to gain permission to operate; or
b. the applicant has voluntarily submitted an
application to modify an existing permit and such a permit modification would
not be required other than to operate in a different manner.
2. Following withdrawal, any
subsequent submission will be considered a new application.
3. Following withdrawal, the requirements of
this Chapter will be reinitiated upon the submittal of a new
application.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2022(B).
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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