La. Admin. Code tit. 33 § III-533

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

Section III-533 - EPA Notice, Review, and Objection

A. Applicability. The provisions of this Section apply to any permit application affecting federally applicable requirements at a Part 70 source after the effective date of LAC 33:III.507. Procedures restricting issuance of a permit under this Section are applicable only to the issuance of federal conditions of the permit and do not restrict DEQ authority to issue and enforce state conditions in accordance with the procedures of this Chapter.

B. Transmittal of Information

1. A copy of each permit application pertaining to a major Part 70 source (including an application for a significant or minor permit modification) shall be provided to EPA by the owner or operator at the time the application is submitted to the permitting authority.

2. A copy of each proposed permit and Statement of Basis (SOB) pertaining to a major Part 70 source shall be provided to EPA by the permitting authority.

a. If, during the public participation process, the permitting authority receives significant comments on the proposed permit before a copy of the proposed permit and SOB have been provided to EPA, the permitting authority shall provide EPA with a written response to significant comments along with the proposed permit and SOB.

b. If, during the public participation process, the permitting authority receives significant comments on the proposed permit after a copy of the proposed permit and SOB have been provided to EPA, the permitting authority shall make any necessary revisions to the permit and/or SOB to address such comments and provide EPA with the proposed permit, SOB, and written response to significant comments after the public comment period has closed. The permit submitted to EPA with the written response to significant comments after the public comment period has closed shall be considered the proposed permit for purposes of this Paragraph.

3. A copy of each final permit issued to a major Part 70 source shall be provided to EPA by the permitting authority. If significant comments were received during any required public participation process, a copy of the written response to significant comments shall also be provided to EPA.

4. The permitting authority shall keep for five years such records and submit to EPA such information as the administrator may reasonably require to ascertain whether the state program complies with the requirements of the Federal CAA and 40 CFR Part 70.

C. EPA Review

1. No permit pertaining to a major Part 70 source which is an initial permit under LAC 33:III.507 or a permit revision, renewal, or reopening affecting the federal conditions of the existing permit shall be issued if the administrator objects to its issuance within 45 days of receipt of the notice and information provided pursuant to Paragraph B.2 of this Section and LAC 33:III.531.B.1.c.

2. The permitting authority may issue any such permit described in Paragraph C.1 of this Section prior to the close of EPA's 45-day review period if the administrator first notifies the permitting authority that no objection will be made.

D. EPA Objection

1. The administrator may object to the issuance of any proposed permit pertaining to a major Part 70 source under any of the following circumstances:

a. the permit would not result in compliance with federally applicable requirements or with the requirements of the approved Louisiana Part 70 program or with 40 CFR Part 70;

b. the permitting authority or the owner or operator has not provided information regarding the permit in accordance with Subsection B of this Section;

c. the permitting authority failed to submit any information necessary to review adequately the proposed permit; or

d. the permitting authority failed to provide public notice where required pursuant to LAC 33:III.531.

2. Any objection by the administrator under this Subsection shall include a statement of reasons for the objection and a description of the terms and conditions which the permit must include to respond to the objection. The administrator will provide the owner or operator with a copy of the objection.

3. If the permitting authority fails, within 90 days after the date of an objection, to revise and submit a proposed permit in response to the objection, the administrator will issue or deny the permit.

E. Public Petitions to EPA

1. If the administrator does not object in writing under Subsection D of this Section, any person may petition the administrator to make such objection. Such petitions must be made within 60 days after the expiration of the administrators 45-day review period.

a. Each public petition filed with the administrator must include the elements described in 40 CFR 70.12(a) in the order set forth therein and be submitted by one of the methods listed in 40 CFR 70.14.

b. The petitioner shall provide a copy of the petition to the permitting authority and to the permit applicant.

2. Petitions under this Subsection shall be based only on objections that were raised with reasonable specificity during the public comment period, unless the petitioner demonstrates that it was impracticable to raise such objections within the public comment period. A petition for review does not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the 45-day review period and prior to an EPA objection.

3. If the administrator objects to the permit as a result of a petition filed under this Subsection and the permit has not yet been issued, the permitting authority shall not issue the permit until EPA's objection has been resolved.

4. If the permitting authority has issued a permit prior to receipt of an EPA objection under this Subsection, the administrator will modify, terminate, or revoke such permit, and the permitting authority may thereafter issue only a revised permit that satisfies EPA's objection.

5. In any case under this Subsection, the owner or operator will not be in violation of the requirement to have submitted a timely and complete application.

La. Admin. Code tit. 33, § III-533

Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 19:1420 (November 1993), amended LR 20:1376 (December 1994), amended by the Office of the Secretary, Legal Division, LR 38:2745 (November 2012), 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.