Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part I - Office of the Secretary
Subpart 1 - Departmental Administrative Procedures
Chapter 37 - Regulatory Innovations Programs
Section I-3709 - Review of Application for Demonstration Project

Universal Citation: LA Admin Code I-3709

Current through Register Vol. 50, No. 9, September 20, 2024

A. Within 180 days after submittal of a complete application for a DP, the department will conduct a review and notify the applicant of its initial decision regarding acceptability of the proposed project.

B. The department will consider, among other factors, the applicant's compliance history and efforts made to involve the stakeholders and to achieve local community support.

C. If the department determines the DP to be unacceptable, it will provide written reasons for the determination.

D. A DP that has been determined to be unacceptable may be resubmitted in accordance with Subsection A of this Section provided all reasons for the unacceptable determination have been addressed.

E. The department will not approve any DP as a FPA if it requires prior approval by the USEPA, until the USEPA has formally approved all regulatory flexibility necessary for execution of the FPA. When an application for a DP includes regulatory flexibility that may affect a federal requirement or a state requirement that implements a federally approved, delegated, authorized, or implemented program or plan, the department shall submit a copy of the application to the USEPA for review and approval.

F. If the department determines the DP to be acceptable:

1. a public hearing will be held at a location near the proposed project to receive comments;

2. public comments will be received for 30 days after the hearing;

3. a response summary addressing the major issues raised during the comment period will be prepared by the department;

4. an applicant may be required to supplement or modify the application;

5. a recommendation will be made to the administrative authority to approve or deny the project; and

6. a FPA will be executed or a denial issued.

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2561 et seq.

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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