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Regular Session, 2010
SENATE BILL NO. 499
BY SENATOR AMEDEE
ENVIRONMENT QUALITY DEPT. Requires DEQ to provide written summaries of
changes made in certain database permit renewals. (gov sig)
AN ACT1
To enact R.S. 30:2022(D), (E), (F), and (G), relative to the issuance of Department of2
Environmental Quality permits; to require written summaries of certain permit3
renewals, extensions, and modifications; to provide for preliminary review of certain4
draft permits, modifications, and revisions by permit applicants; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 30:2022(D), (E), (F), and (G) are hereby enacted to read as follows:8
ยง2022. Permit applications and variance requests; notification9
* * *10
D. For purposes of this Section, the following terms shall have the11
meanings hereinafter ascribed to them, unless the context clearly indicates12
otherwise:13
(1) "Database" means the department's Tools for Environmental14
Management and Protection Organizations (TEMPO) database system or any15
similar database system used by the department to generate permits.16
(2) "Substantial permit modification" means a substantial permit17 SB NO. 499
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modification as defined in LAC 33:I.1503.1
E.(1) If requested by the permit applicant, the department shall provide2
the permit applicant a written summary of specific changes to the existing3
permit whenever the department prepares a draft database permit for the4
renewal, extension, or substantial permit modification of an existing hazardous5
waste permit, solid waste permit, LPDES permit, or air quality permit.6
(2) If requested by the permit applicant, the department shall provide7
the permit applicant a reasonable opportunity to review a draft hazardous8
waste permit, solid waste permit, LPDES permit, or air quality permit before9
such draft permit is publicly noticed. Where the draft permit includes one or10
more revisions to an existing permit, the draft permit shall clearly identify each11
change made by the department to the existing permit.12
F. For minor permit modifications or revisions that do not require13
preparation of a draft permit and public notice, if requested by the permit14
applicant, the department shall provide the permit applicant a reasonable15
opportunity to review the proposed language of the permit modification or16
revision prior to issuance of the final permit modification or revision. If the17
department proposes minor permit modifications or revisions not requested by18
the permit applicant, the department shall provide the permit applicant a19
reasonable opportunity to review the proposed language of the permit20
modification or revision prior to issuance of the final permit modification or21
revision or shall reopen the permit in accordance with applicable law.22
G. The department shall adopt rules in accordance with the23
Administrative Procedure Act to implement the requirements of Subsections E24
and F of this Section.25
Section 2. This Act shall become effective upon signature by the governor or, if not26
signed by the governor, upon expiration of the time for bills to become law without signature27
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If28
vetoed by the governor and subsequently approved by the legislature, this Act shall become29 SB NO. 499
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effective on the day following such approval.1
The original instrument was prepared by Cathy Wells. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by McHenry Lee.
DIGEST
Amedee (SB 499)
Present law requires persons seeking a permit, license, registration, variance, or LPDES
variance to file a written application for such with DEQ. Further provides for procedures for
the processing and reviewing of such applications.
Proposed law retains present law and requires DEQ to provide the permit applicant a written
summary of specific changes, if requested by such applicant, to the existing permit whenever
DEQ prepares a draft database permit for the renewal, extension, or substantial permit
modification of an existing hazardous waste permit, solid waste permit, LPDES permit, or
air quality permit.
Proposed law provides the following definitions:
"Database" means DEQ's Tools for Environmental Management and Protection
Organizations (TEMPO) database system or any similar database system used by DEQ's to
generate permits.
"Substantial permit modification" means a substantial permit modification as defined in
LAC 33:I.503.
Proposed law requires DEQ to provide the permit applicant a reasonable opportunity to
review a draft hazardous waste permit, solid waste permit, LPDES permit, or air quality
permit before such draft permit is publicly noticed, if requested by such applicant.
Proposed law requires the draft permit to clearly identify each change made by DEQ to the
existing permit if such draft permit includes one or more revisions to an existing permit.
Proposed law requires DEQ to provide the permit applicant a reasonable opportunity to
review the proposed language of the permit modification or revision prior to issuance of the
final permit modification or revision for minor permit modifications or revisions that do not
require preparation of a draft permit and public notice, if requested by the permit applicant.
Proposed law requires DEQ to provide the permit applicant a reasonable opportunity to
review the proposed language of the permit modification or revision prior to issuance of the
final permit modification or revision or reopen the permit in accordance with applicable law
if DEQ proposes minor permit modifications or revisions not requested by such applicant.
Proposed law requires DEQ to adopt rules in accordance with the APA.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 30:2022(D), (E), (F), and (G))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to reengrossed bill.
1. Technical Legislative Bureau amendments.