expedited permit program 2 nd stakeholder meeting wednesday, december 13, 2006

EXPEDITED PERMITEXPEDITED PERMIT PROGRAM PROGRAM

22ndnd STAKEHOLDER STAKEHOLDER MEETINGMEETING

Wednesday, December 13, 2006

Welcome Welcome and and

IntroductionsIntroductions

Dr. Mike McDanielSecretary

Stakeholder Survey Stakeholder Survey Stakeholder Survey Stakeholder Survey

Karen GautreauxDeputy Secretary

Overview of Changes Overview of Changes To Emergency Rule OS073E1To Emergency Rule OS073E1Overview of Changes Overview of Changes To Emergency Rule OS073E1To Emergency Rule OS073E1

Cheryl S. NolanOffice of Environmental Services

Air Permits Division

Expedited Permit ProcessingExpedited Permit ProcessingEmergency RuleEmergency Rule

• Establish a Pilot Program

• Revised Rule effective 09/11/2006 – 01/08/2007

• Applies to Air and Water Only

§1801Scope

Clarifies that:• expedited processing does not relieve the

applicant of any regulatory requirements

• modifications without new jobs are eligible

• expedited processing does not apply to exemptions, letters of no objection or other miscellaneous letters of response

• expedited permit processing does not guarantee permit issuance or issuance date

§1801Scope

Proposed changes:

• Permit renewal/reconciliation applications to be reviewed on a case-by-case basis

§1801Scope

Proposed additions:• Applications in Solid and Hazardous Waste

programs not eligible• The associated permit application must be

submitted before the expedited request will be considered

• Denial may be based on– Outstanding fees/fines– Compliance history concerns– Date requested is not achievable– Max fee is insufficient to cover costs– Resources not available or request is not in line with

DEQ priorities– Other factors

§1803 Procedures

Proposed additions:• Permit Applications

– If requested, must submit application information electronically

– For new major sources, new synthetic minor sources, and major modifications of existing source, recommends applicant meet with DEQ on the application prior to submittal

§1805 Fees

Clarifies that when a maximum amount is requested, the applicant may agree to pay a greater amount. This must be submitted in writing.

§1807 Invoicing and Failure to Pay

Proposed additions:– Allows the department to invoice the

applicant after ceasing processing as expedited due to:

• Failure to provide additional information• Maximum expedited fee requested has been

reached

§1809Public Notice and Availability of

Records

Clarifies:– That the notice requirement is for the

request for expedited processing– Content of Internet Notice – Content of Required Public Notice of Draft

or Proposed permits

DEQ’s ExperienceDEQ’s ExperienceTo DateTo Date

DEQ’s ExperienceDEQ’s ExperienceTo DateTo Date

Cheryl S. NolanLinda Korn Levy

Darryl Serio

Linda Korn LevyOffice of Environmental Services

Environmental Assistance Division

Public Notice Public Notice and and

Status of Current Status of Current RequestsRequests

Public Notice of Draft Permits

• Each media has specific requirements regarding public notice of draft permits.

• Not all draft permits require public notice.

• Draft Permits that require Public Notice will include a statement indicating the permit was processed as an expedited permit.

Comments, Questions and Comments, Questions and DiscussionDiscussion

Comments, Questions and Comments, Questions and DiscussionDiscussion

Karen GautreauxDeputy Secretary

Where do we go from here?Where do we go from here?

THE NEXT STEPSTHE NEXT STEPSTHE NEXT STEPSTHE NEXT STEPS

Karen GautreauxDeputy Secretary

COMMENTS

• Submit Comments to:

Cheryl S. Nolan

Office of Environmental Services

P.O. Box 4313

Baton Rouge, LA 70821-4313

• Deadline for Submission– Friday, January 5, 2007, 4:30 pm

Regular RulemakingA Tentative TimelineA Tentative Timeline

• January 20 – Documents due to Regulation Development

• February 20– Draft Rule due to Fiscal Office

• March 9– Draft Rule to Louisiana Register

• March 20– Proposed Rule published in the Louisiana Register– Comment period begins

Regular RulemakingA Tentative TimelineA Tentative Timeline

• April 25– Public Hearing

• May 2– Comment period ends

• May 21– Comment summary prepared– Date dependent on number and nature of

comments• June 1

– Summary report and associated documents to Regulation Development

– Date dependent on number and nature of comments

Regular RulemakingA Tentative TimelineA Tentative Timeline

• June 8– Rule sent to Legislative Oversight Committee

(LOC)– LOC hearing window is 30 days

• July 10– Final Rule to Louisiana Register

• July 20– Final Rule published in the Louisiana Register

Report to the Legislature

• DEQ required to report on status and progress of the program

• Due May 1, 2007• A comparison of normal vs. expedited

processing is to be included– A number of permits in the normal process have

been selected for tracking and comparison to those in the expedited process

Thank you Thank you for attending!for attending!

Your input is important Your input is important to us ~ to us ~

Please turn in your Please turn in your completed survey.completed survey.