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EXPEDITED PERMIT PILOT PROGRAM STAKEHOLDER MEETING Wednesday, September 13, 2006

EXPEDITED PERMIT PILOT PROGRAM STAKEHOLDER MEETING Wednesday, September 13, 2006. Welcome and Introductions. Dr. Mike McDaniel and Senator Clo Fontenot. Overview Acts 586 and 779. Dr. Chuck Carr Brown Assistant Secretary Office of Environmental Services. ACT 586.

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EXPEDITED PERMIT PILOT PROGRAM STAKEHOLDER MEETING Wednesday, September 13, 2006

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  1. EXPEDITED PERMIT PILOT PROGRAMSTAKEHOLDER MEETINGWednesday, September 13, 2006

  2. Welcome and Introductions Dr. Mike McDaniel and Senator Clo Fontenot

  3. Overview Acts 586 and 779 Dr. Chuck Carr Brown Assistant Secretary Office of Environmental Services

  4. ACT 586 • Authorized the Department to develop and implement a program to expedite: • Permits • Modifications • Licenses • Registrations • Variances • Requires the Department to develop rules to include notice that a permit is an expedited permit

  5. ACT 779 • Allows the Department to establish a fee for expedited permits • Fees are not to exceed the maximum per hour overtime salary of a civil service employee • Allows the Department to include associated related benefits in the fee charged to applicants • Allows for the Department to use contractors • Fees for contractor are the same as for state employees (i.e. contractors cannot charge double what a permit writer would make for the same action).

  6. ACT 779 • Applicant is billed for every overtime hour the permit writer works on the action • For contractors – the applicant is billed for every hour the contractor worked to process the permit • Requires the Department to submit a report by May 1, 2007 regarding the status and progress of the program to: • the House Committee on the Environment AND • the Senate Committee on Environment Quality • The report shall include a comparison of average time for expedited permit to average time to process similar permits under normal permit process

  7. Overview Emergency Rule OS073E1 Cheryl S. Nolan Office of Environmental Services Air Permits Division

  8. Expedited Permit Processing • Emergency Rule • Establishes a Pilot Program • Revised Rule effective 09/11/06 • Applies to Air and Water Only

  9. §1801Scope • Applies to permits, modifications, licenses, registrations, and variances • Expedited Permit Processing is • an exercise of the administrative authority’s discretion • Subject to availability of resources • Requests proposing new construction or creation of new permanent jobs will be given highest consideration

  10. §1801Scope • Eligibility • Activities requiring an initial permit or permit modification to begin construction • Renewals/reconciliation not eligible unless: • Associated with new construction • Results in new permanent jobs • Includes increases in production that benefit the national, state, or local economy • Provides a direct benefit to the environment

  11. §1803 Procedures • Requests for expedited processing • Use form available on the internet or request hard copy • DEQ will issue decision to grant or deny the request within 10 days of receipt • Requests for Additional Information • DEQ will notify applicant and set a deadline • Applicant will respond with all requested information • If the requested information is not provided as requested, DEQ may cease expedited processing

  12. §1805 Fees • The expedited permit processing fee is in addition to normal permit fees • Fee calculation • Based on the maximum/hr overtime salary of the permit writer • Maximum/hr salary multiplied by hours worked • Includes associated related benefits • Contractors, if hired, are paid at same rate as DEQ employees

  13. §1805Fees • The applicant may request the expedited fee not exceed a maximum amount. In this case: • Overtime hours will be limited accordingly • If further processing is required, it will be processed per normal procedures • If the applicant fails to supply requested additional information, all expedited fees incurred will be charged

  14. §1807 Invoicing and Failure to Pay • Invoices for expedited fees will be sent to the applicant after a decision has been made to grant or deny the permit action • Failure to pay by the due date will be considered a violation subject to the full range of enforcement action, including revocation or suspension of the permit action • A permit appeal will not stay the requirement to pay the expedited fee.

  15. §1809Public Notice and Availability of Records • Internet Notice • All requests will be posted on the DEQ website • Draft or Proposed permits • Only applies to draft or proposed permits that require a public notice as part of normal permit processing • Required public notice will include a statement that the permit was processed as an expedited permit • Permit documents and expedited permit correspondence are public records

  16. Current Procedures and Implementation Cheryl S. Nolan Office of Environmental Services Air Permits Division

  17. Request for expedited permit processing received in Environmental Assistance Division (EAD) EAD begins processing expedited permit request If Required, an Administrative Completeness Review is Completed per established procedures Status appears on DEQ website (updated biweekly) Appropriate data entered into TEMPO

  18. Original Sent to EDMS per established procedures EAD routes request to the appropriate Permits Administrator Permits Administrator makes a recommendation and drafts appropriate response for signature Assistant Secretary determines to grant or deny request Status appears on DEQ website (updated biweekly) Copy sent to EDMS per established procedures Input required data into TEMPO Letter sent to applicant

  19. A unique cost code is assigned to the expedited request Overtime hours worked are coded to this cost code on the permit writer’s timesheet The Permit writer tracks and records all hours worked on the permit action Permit is prepared primarily during Overtime Hours Once draft or proposed permit is completed it is routed per normal procedures CODING PERMIT TASKS

  20. 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.

  21. Public Notice of the draft permit is required by established program requirements Draft Permit is public noticed in accordance with established program requirements. A statement indicating the permit was processed as an expedited permit is included in the public notice. Required comment period and any required review period completed Assistant Secretary makes permit decision Copy sent to EDMS per established procedures Status appears on DEQ website (updated biweekly)

  22. Post Issuance Activities • Permit Writer completes the work log and verifies coding of time • Financial Services prepares and sends invoice for expedited processing fee • Applicant pays the invoice by specified date • Failure to pay the invoice by the due date is a violation

  23. Public Notice and Status of Current Requests Linda Korn Levy Office of Environmental Services Environmental Assistance Division

  24. Issues Cheryl S. Nolan Linda Korn Levy Darryl Serio

  25. Comments, Questions and Discussion Karen Gautreaux Deputy Secretary

  26. THE NEXT STEPS Where do we go from here? Karen Gautreaux Deputy Secretary

  27. COMMENTS • Submit Comments to: Cheryl S. Nolan Office of Environmental Services P.O. Box 4313 Baton Rouge, LA 70821-4313 • Deadline for Submission • Friday, October 13, 2006, 4:30 pm

  28. Regular RulemakingA Tentative Timeline • October 20 • Request to Initiate Rulemaking and associated documents due to Regulation Development • November 20 • Draft Rule due to Fiscal Office • December 8 • Draft Rule to Louisiana Register • December 20 • Proposed Rule published in the Louisiana Register • Comment period begins

  29. Regular RulemakingA Tentative Timeline • January 24 • Public Hearing • January 31 • Comment period ends • February 21 • Comment summary prepared • Date dependent on number and nature of comments • March 2 • Summary report and associated documents to Regulation Development • Date dependent on number and nature of comments

  30. Regular RulemakingA Tentative Timeline • March 9 • Rule sent to Legislative Oversight Committee (LOC) • LOC hearing window is 30 days • April 10 • Final Rule to Louisiana Register • April 20 • Final Rule published in the Louisiana Register

  31. 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

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