La. Admin. Code tit. 33 § III-519

Current through Register Vol. 50, No. 5, May 20, 2024
Section III-519 - Permit Issuance Procedures for New Facilities, Initial Permits, Renewals and Significant Modifications
A. Completeness Review
1. Within 60 days of receipt of a permit application, the permitting authority shall review the application for completeness and shall:
a. notify the applicant in writing that the application is complete; or
b. notify the applicant in writing of any deficiencies.
2. The applicant shall submit any additional information requested by the date specified in such notice. Pursuant to LAC 33:I.Chapter 15, for any application pertaining to a new facility or to a substantial permit modification, the date specified for submittal shall be no later than 30 days from receipt of the notice of deficiency.
3. If the permitting authority fails to issue a notice of completeness or deficiency within 60 days from receipt of the application or receipt of additional information requested under Paragraph A.1 of this Section, the application shall be deemed complete.
4. Pursuant to LAC 33:I.Chapter 15, for any application pertaining to a new facility which will be a major source or to a substantial permit modification, the applicant shall publish a notice of the completeness determination in a major local newspaper.
B. Technical Review
1. If at any time during the review process of an application that has been determined or deemed to be complete the permitting authority determines that additional information is necessary to evaluate or take final action on the application, the permitting authority shall provide notice to the applicant and require a response within a reasonable specified time.
2. The applicant shall respond to the notice within the time specified. Such response shall contain all information requested by the permitting authority and required to complete the technical review.
C. Final Action
1. Prior to taking final action on a permit application, notice shall be provided to allow for review by the public and affected states where required by law or deemed appropriate in accordance with LAC 33:III.531.
2. Prior to taking final action on any permit application pertaining to a Part 70 source, notice shall be provided to allow for review by EPA where required by law or deemed appropriate in accordance with LAC 33:III.533.
3. Final action shall be taken on any application pertaining to a Part 70 source within 18 months of receipt of a complete application, except as provided under the time frames for issuance of initial Part 70 permits to existing sources under LAC 33:III.507 or as provided for the issuance of acid rain permits under LAC 33:III.505.
4. Notwithstanding the 18-month allowance in Paragraph C.3 of this Section, final action shall be taken on any application relating to a new facility or to a substantial permit modification, as defined in LAC 33:I.Chapter 15, in accordance with the time frames specified in LAC 33:I.1505.
5. In any case where the permitting authority has determined that any proposed new or modified source would prevent the attainment or maintenance of any state or national ambient air quality standard, would violate any applicable portion of the Louisiana State Implementation Plan, or would not result in compliance with all federally applicable requirements and all requirements and standards of LAC 33:III, Air Quality regulations, the permitting authority shall have the power to prevent construction, modification, or operation of such source and shall deny the permit.

La. Admin. Code tit. 33, § III-519

Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 19:1420 (November 1993), amended by the Office of Environmental Assessment, LR 30:2021 (September 2004), amended by the Office of the Secretary, Legal Division, LR 41:377 (February 2015).
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2022 and 2054.