La. Admin. Code tit. 33 § III-529

Current through Register Vol. 50, No. 5, May 20, 2024

Section III-529 - Reopenings for Cause

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.

La. Admin. Code tit. 33, § III-529

Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 19:1420 (November 1993).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2023 and 2054.