La. Admin. Code tit. 33 § IX-6121

Current through Register Vol. 50, No. 6, June 20, 2024

Section IX-6121 - Approval Procedures for POTW Pretreatment Programs and POTW Granting of Removal Credits

The following procedures shall be adopted in approving or denying requests for approval of POTW Pretreatment Programs and applications for removal credit authorization.

A. Deadline for Review of Submission. The approval authority shall have 90 days from the date of public notice of any submission complying with the requirements of LAC 33:IX.6117.B and, where removal credit authorization is sought with LAC 33:IX.6113.E and 6117.D, to review the submission. The approval authority shall review the submission to determine compliance with the requirements of LAC 33:IX.6115.B and F, and, where removal credit authorization is sought, with LAC 33:IX.6113. The approval authority may have up to an additional 90 days to complete the evaluation of the submission if the public comment period provided for in Subparagraph B.1.b of this Section is extended beyond 30 days or if a public hearing is held as provided for in Paragraph B.2 of this Section. In no event, however, shall the time for evaluation of the submission exceed a total of 180 days from the date of public notice of a submission meeting the requirements of LAC 33:IX.6117.B and, in the case of a removal credit application, LAC 33:IX.6113.E and 6117.B.

B. Public Notice and Opportunity for Hearing. Upon receipt of a submission the approval authority shall commence its review. Within 20 work days after making a determination that a submission meets the requirements of LAC 33:IX.6117.B and, where removal allowance approval is sought, LAC 33:IX.6113.D and 6117.D, the approval authority shall:

1. issue a public notice of request for approval of the submission:

a. this public notice shall be circulated in a manner designed to inform interested and potentially interested persons of the submission. Procedures for the circulation of public notice shall include:

i. mailing notices of the request for approval of the submission to designated 208 planning agencies, federal and state fish, shellfish, and wildlife resource agencies (unless such agencies have asked not to be sent the notices); and to any other person or group who has requested individual notice, including those on appropriate mailing lists; and

ii. publication of a notice of request for approval of the submission in a newspaper(s) of general circulation within the jurisdiction(s) served by the POTW that provides meaningful public notice;

b. the public notice shall provide a period of not less than 30 days following the date of the public notice during which time interested persons may submit their written views on the submission to the Office of Environmental Services; and

c. all written comments submitted during the 30-day comment period shall be retained by the approval authority and considered in the decision on whether or not to approve the submission. The period for comment may be extended at the discretion of the approval authority; and

2. provide an opportunity for the applicant, any affected state, any interested state or federal agency, person or group of persons to request a public hearing with respect to the submission:

a. this request for public hearing shall be filed within the 30-day (or extended) comment period described in Subparagraph B.1.b of this Section and shall indicate the interest of the person filing such request and the reasons why a hearing is warranted;

b. the approval authority shall hold a hearing if the POTW so requests. In addition, a hearing will be held if there is a significant public interest in issues relating to whether or not the submission should be approved. Instances of doubt should be resolved in favor of holding the hearing; and

c. public notice of a hearing to consider a submission and sufficient to inform interested parties of the nature of the hearing and the right to participate shall be published in the same newspaper as the notice of the original request for approval of the submission under Clause B.1.b.ii of this Section. In addition, notice of the hearing shall be sent to those persons requesting individual notice.

C. Approval Authority Decision. At the end of the 30-day (or extended) comment period and within the 90-day (or extended) period provided for in Subsection A of this Section, the approval authority shall approve or deny the submission based upon the evaluation in Subsection A of this Section and taking into consideration comments submitted during the comment period and the record of the public hearing, if held. Where the approval authority makes a determination to deny the request, the approval authority shall so notify the POTW and each person who has requested individual notice. This notification shall include suggested modifications and the approval authority may allow the requestor additional time to bring the submission into compliance with applicable requirements.

D. EPA Objection to State Administrative Authority's Decision. No POTW pretreatment program or authorization to grant removal allowances shall be approved by the state administrative authority if following the 30-day (or extended) evaluation period provided for in Subparagraph B.1.b of this Section and any hearing held pursuant to Paragraph B.2 of this Section the EPA regional administrator sets forth in writing objections to the approval of such submission and the reasons for such objections. A copy of the EPA regional administrator's objections shall be provided to the applicant, and each person who has requested individual notice. The EPA regional administrator shall provide an opportunity for written comments and may convene a public hearing on his or her objections. Unless retracted, the EPA regional administrator's objections shall constitute a final ruling to deny approval of a POTW pretreatment program or authorization to grant removal allowances 90 days after the date the objections are issued.

E. Notice of Decision. The approval authority shall notify those persons who submitted comments and participated in the public hearing, if held, of the approval or disapproval of the submission. In addition, the approval authority shall cause to be published a notice of approval or disapproval in the same newspapers as the original notice of request for approval of the submission was published. The approval authority shall identify in any notice of POTW pretreatment program approval any authorization to modify categorical pretreatment standards which the POTW may make, in accordance with LAC 33:IX.6113, for removal of pollutants subject to pretreatment standards.

F. Public Access to Submission. The approval authority shall ensure that the submission and any comments upon such submission are available to the public for inspection and copying.

La. Admin. Code tit. 33, § IX-6121

Promulgated by the Department of Environmental Quality, Office of Water Resources, LR 21:945 (September 1995), amended LR 25:1093 (June 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2556 (November 2000), repromulgated LR 30:232 (February 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2514 (October 2005), LR 33:2170 (October 2007).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq., and in particular Section 2074(B)(3) and (B)(4)