La. Admin. Code tit. 33 § III-531

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

Section III-531 - Public Notice and Affected State Notice

A. Public Notice

1. At the discretion of the permitting authority, public notice may be provided prior to issuance of any new or revised permit under this Chapter.

2. For applications pertaining to a Part 70 source, public notice shall be published by the permitting authority prior to the issuance of any permit which is:

a. the initial permit issued in accordance with a federally approved operating permit program pursuant to LAC 33:III.507;

b. a permit renewal as required pursuant to LAC 33:III.507.E;

c. a permit revision to incorporate a significant modification as defined pursuant to LAC 33:III.527.

3. Each public notice provided under Paragraph A.2 of this Section shall meet the following requirements.

a. Methods of Notice

i. The notice shall be given by posting the notice and the proposed permit on the departments website for the duration of the public comment period.

ii. The notice shall be given by mail to persons included on the appropriate mailing list developed and maintained by the permitting authority. The permitting authority may update the mailing list from time to time by requesting written indication of continued interest from those listed. The permitting authority may delete from the list the name of any person who fails to respond to such a request within a reasonable timeframe.

b. Such notice shall identify;

i. the title and address of the permitting authority; the name and address of the permittee;

ii. the name and physical location of the affected facility;

iii. the activities involved in the permit action;

iv. the emissions change involved;

v. the name or title, address, and telephone number of an LDEQ employee from whom additional information may be obtained, including copies of the proposed permit, the application, and all supporting materials, including the Statement of Basis required by Paragraph A.4 of this Section;

vi. a brief description of the appropriate comment procedures; and

vii. the time and place of any hearing that may be held with a statement of procedures to request a hearing.

c. The permitting authority shall provide at least 30 days for public comment and shall give notice of any public hearing at least 30 days in advance of the hearing.

d. The departments website shall be used to provide notice of all permits subject to notice under this Section. Web publication may be supplemented by other noticing methods at the discretion of the department.

4. Statement of Basis. The permitting authority shall provide a statement that sets forth the legal and factual basis for the proposed permit conditions of any permit issued to a Part 70 source, including references to the applicable statutory or regulatory provisions. The permitting authority shall send this statement to any person who requests it and to EPA.

B. Affected State Notice, Federal Land Manager and Indian Governing Body Notice

1. Part 70 Sources

a. For each application pertaining to a major Part 70 source, the permitting authority shall provide notice of the proposed permit to each affected state on or before the date of public notice, or within five working days of receipt of a complete minor modification application.

b. The comment period for affected states shall expire at the close of the public comment period.

c. The permitting authority shall provide prompt notice in writing to the administrator and to any affected state of refusal by the permitting authority to accept any recommendations for the permit that the affected state submitted. The notice shall include the permitting authority's reasons for refusing any such recommendation. The permitting authority may refuse to accept any recommendations that are not based on federally applicable requirements.

2. Interstate Pollution. Each major proposed new or modified source subject to significant deterioration of air quality review or which may significantly contribute to levels of air pollution in excess of the national ambient air quality standards in a control region outside Louisiana shall provide written notice to all nearby states, the air pollution levels of which may be affected by such source, at least 60 days prior to the date on which commencement of construction is to be permitted by the administrative authority.

3. Notice of any proposed permit pertaining to a major stationary source or major modification under LAC 33:III.504, Nonattainment New Source Review Procedures, shall be provided to any affected federal land manager or Indian governing body.

C. The permitting authority shall keep a record of the commenters and of the issues raised during the public participation process, as well as records of the written comments submitted during that process. Such records shall be available to the public. This requirement may be met by making the written comments received and any public hearing transcript available on the departments electronic document management system.

D. The permitting authority shall respond in writing to all significant comments raised during the public participation process, including any such written comments submitted during the public comment period and any such comments raised during any public hearing on the proposed permit. A copy of the written response to significant comments shall be made available to the public on the departments electronic document management system.

La. Admin. Code tit. 33, § III-531

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 the Secretary, Legal Affairs Division, LR 32:1841 (October 2006), Amended by the Office of the Secretary, Legal Division, LR 43926 (5/1/2017), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 461386 (10/1/2020).

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