Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part III - Air
Chapter 5 - Permit Procedures
Section III-529 - Reopenings for Cause
Universal Citation: LA Admin Code III-529
Current through Register Vol. 50, No. 9, September 20, 2024
A. Any permit issued under this Chapter may be reopened and revised by the permitting authority prior to the expiration of the permit if sufficient cause exists to warrant the reopening.
1. Sufficient cause
shall include, but is not limited to:
a. a
demonstration by any person, to the satisfaction of the permitting authority,
that the permit contains a material mistake, that inaccurate statements were
made in establishing the terms or conditions of the permit, or that the permit
must be revised to assure compliance with any federally applicable requirement
or any applicable provision of LAC 33:III, Air Quality Regulations;
or
b. a demonstration by the owner
or operator, to the satisfaction of the permitting authority, that reopening
and reissuance of the permit will result in a benefit to the owner or operator
and will not place an undue burden on the permitting authority.
2. Proceedings to reopen, revise,
and reissue a permit shall follow the same procedures as apply to initial
permit issuance and shall affect only those parts of the permit for which cause
to reopen exists. When cause to reopen a permit is determined, the reopening
shall be initiated and final action taken as expeditiously as
practicable.
B. Any permit pertaining to a Part 70 source shall be reopened and revised under any of the following circumstances.
1. An
additional federally applicable requirement is newly promulgated and is
applicable to a major Part 70 source for which three or more years remain
before the expiration of the permit, unless the effective date of the newly
applicable requirement is later than the expiration date of the permit.
a. The owner or operator shall be provided at
least 30 days notice of intent to reopen by the permitting authority, except
that the permitting authority may provide notice of less than 30 days in the
case of an emergency.
b. The
reopening shall be completed and final action taken on the permit not later
than 18 months after promulgation of the federally applicable
requirement.
2.
Additional requirements (including excess emissions requirements) become
applicable to an affected source under the Acid Rain Program. However, upon
approval by the administrator, excess emissions offset plans shall be deemed to
be incorporated into the permit without requiring the procedures established by
this Chapter for permit revisions or reopenings.
3. The permitting authority or EPA determines
that the permit contains a material mistake or that inaccurate statements were
made in establishing the emissions standards or other terms or conditions of
the permit.
4. The permitting
authority or EPA determines that the permit must be revised or revoked to
assure compliance with the applicable requirements.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2023 and 2054.
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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