La. Admin. Code tit. 33, § 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 Source s
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.
Notes
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