La. Admin. Code tit. 33 § I-3709

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-3709 - Review of Application for Demonstration Project

A. Within 180 days after submittal of a complete application for a DP, the department will conduct a review and notify the applicant of its initial decision regarding acceptability of the proposed project.

B. The department will consider, among other factors, the applicant's compliance history and efforts made to involve the stakeholders and to achieve local community support.

C. If the department determines the DP to be unacceptable, it will provide written reasons for the determination.

D. A DP that has been determined to be unacceptable may be resubmitted in accordance with Subsection A of this Section provided all reasons for the unacceptable determination have been addressed.

E. The department will not approve any DP as a FPA if it requires prior approval by the USEPA, until the USEPA has formally approved all regulatory flexibility necessary for execution of the FPA. When an application for a DP includes regulatory flexibility that may affect a federal requirement or a state requirement that implements a federally approved, delegated, authorized, or implemented program or plan, the department shall submit a copy of the application to the USEPA for review and approval.

F. If the department determines the DP to be acceptable:

1. a public hearing will be held at a location near the proposed project to receive comments;

2. public comments will be received for 30 days after the hearing;

3. a response summary addressing the major issues raised during the comment period will be prepared by the department;

4. an applicant may be required to supplement or modify the application;

5. a recommendation will be made to the administrative authority to approve or deny the project; and

6. a FPA will be executed or a denial issued.

La. Admin. Code tit. 33, § I-3709

Promulgated by the Department of Environmental Quality, Office of Environmental Assessment, Environmental Planning Division, LR 25:2198 (November 1999).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2561 et seq.