EXPEDITED PERMITEXPEDITED PERMIT PILOT PROGRAM PILOT PROGRAM

STAKEHOLDER STAKEHOLDER MEETINGMEETING

Wednesday, September 13, 2006

Welcome Welcome and and

IntroductionsIntroductions

Dr. Mike McDanieland

Senator Clo Fontenot

Overview Overview Acts 586 and 779 Acts 586 and 779

Overview Overview Acts 586 and 779 Acts 586 and 779

Dr. Chuck Carr BrownAssistant Secretary

Office of Environmental Services

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

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).

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

Overview Overview Emergency Rule OS073E1Emergency Rule OS073E1

Overview Overview Emergency Rule OS073E1Emergency Rule OS073E1

Cheryl S. NolanOffice of Environmental Services

Air Permits Division

Expedited Permit ProcessingEmergency Rule

• Establishes a Pilot Program

• Revised Rule effective 09/11/06

• Applies to Air and Water Only

§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

§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

§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

§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

§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

§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.

§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

Current Procedures and Current Procedures and ImplementationImplementation

Current Procedures and Current Procedures and ImplementationImplementation

Cheryl S. NolanOffice of Environmental Services

Air Permits Division

Request for expedited permit processing received in Environmental Assistance

Division (EAD)

Appropriate data entered into TEMPO

Appropriate data entered into TEMPO

EAD begins processing expedited permit request

If Required, an Administrative Completeness Review is Completed per established procedures

Status appears on DEQ website (updated biweekly)

Status appears on DEQ website (updated biweekly)

Original Sent to EDMS per established procedures

Original Sent to EDMS per established procedures

EAD routes request to the appropriate Permits Administrator

Assistant Secretary

determines to grant or deny

request

Assistant Secretary

determines to grant or deny

request

Letter sent to applicant

Letter sent to applicant

Copy sent to EDMS per established procedures

Copy sent to EDMS per established procedures

Input required data into TEMPO

Input required data into TEMPO

Permits Administrator makes a recommendation and drafts appropriate response for signature

Status appears on DEQ website (updated biweekly)

Status appears on DEQ website (updated biweekly)

CODING

• 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

PERMIT TASKS

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.

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.

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.

Public Notice of the draft permit is required by established program requirements

Required comment period and any required review period completed

Assistant Secretarymakes permit decision

Copy sent to EDMS per established procedures

Copy sent to EDMS per established procedures

Status appears on DEQ website (updated biweekly)

Status appears on DEQ website (updated biweekly)

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

Linda Korn LevyOffice of Environmental Services

Environmental Assistance Division

Public Notice Public Notice and and

Status of Current Status of Current RequestsRequests

IssuesIssuesIssuesIssues

Cheryl S. NolanLinda Korn Levy

Darryl Serio

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, October 13, 2006, 4:30 pm

Regular RulemakingA Tentative TimelineA 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

Regular RulemakingA Tentative TimelineA 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

Regular RulemakingA Tentative TimelineA 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

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