La. Admin. Code tit. 33 § I-1503

Current through Register Vol. 50, No. 9, September 20, 2024
Section I-1503 - Definitions
A. For all purposes of this regulation, the terms defined in this Chapter shall have the following meanings, unless the context of use clearly indicates otherwise.

Administratively Complete- in reference to an application for a permit, that the application contains all of the information necessary for the administrative processing of the application. Designating an application administratively complete for purposes of permit processing does not preclude the administrative authority from requesting or accepting any additional information. Required application information submitted under separate cover or separately from the application shall cause the administrative completeness determination to be delayed until such information is received, processed, and verified along with the other application information.

Database-the Tools for Environmental Management and Protection Organizations (TEMPO) information management system or any similar information management system used by the department to generate permits.

Department- Louisiana Department of Environmental Quality.

Extraordinary Public Response- that situation that exists where the quality and/or quantity of comments that are relevant and material to the permit are such as to necessitate additional time for department review.

Final Decision- action taken by the administrative authority to issue, deny, modify, revoke and reissue, or terminate a permit.

New Facility- a pollution source (including all emission points and units of the source located within a contiguous area and under common control) or any public or private property where an activity required to be permitted by the department has not yet commenced.

Permit Differences Report-a document generated by TEMPO summarizing the differences between the existing permit for a facility or process unit, and a draft permit renewal or substantial permit modification for the same facility or process unit.

Processing Day- except as otherwise provided herein, a day during which an application is available to the department for review and decision in the permit decision development process. Non-processing days include, but are not limited to, any day the department:

a. awaits from the applicant requested information that revises or supplements administrative or technical information or deficiencies in the application; or

b. reviews the following information from the applicant, not to exceed 60 days per submittal:

i. department-requested information; or

ii. application revisions or additional information unsolicited by the department.

a. for a hazardous waste permit, any Class 3 modification listed in LAC 33:V.322 or otherwise described in LAC 33:V.321.C.4;

b. for a solid waste permit, any modification listed in LAC 33:VII.517.A.2.a, or otherwise determined by the administrative authority to warrant public notice;

c. for a Louisiana Pollutant Discharge Elimination System (LPDES) permit, any modification not processed as a minor modification under LAC 33:IX.2905; and

d. for an air quality permit, any modification that results in a significant increase in the amount of any regulated pollutant or results in the significant emission of any air pollutant not previously emitted.

Suspended Application- a permit application that is not eligible to be processed for a permit decision because administrative or technical information requested by the department has not been submitted by the applicant within the time period specified by the department. An application deemed suspended, if not denied, may be reinstated if the requested information is submitted to, and found to be adequate by, the department within six months from date of application suspension. In addition, the department may require the applicant to submit an updated application.

Technical Review Period-the time during which a permit applicant may review and comment on a working draft permit.

Working Draft Permit-the initial draft document prepared by one or more department employees based on the application and supplemental information submitted by the permit applicant. The document is not yet approved for public notice (where required) or for a final permit decision. The document includes supporting material such as statements of basis or fact sheets when required by regulation.

La. Admin. Code tit. 33, § I-1503

Promulgated by the Department of Environmental Quality, Office of Legal Affairs and Enforcement, Enforcement and Regulatory Compliance Division, LR 19:487 (April 1993), amended by the Office of the Secretary, Legal Affairs Division, LR 33:1341 (July 2007), LR 38:1586 (July 2012).
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2022(B) and (D).