COVID-19 Environmental Law News - LDEQ Amends Order Regarding Pandemic

In response to the 2019 novel Coronavirus (“COVID-19”) pandemic, the Louisiana Department of Environmental Quality (“LDEQ”) issued a Third Amended Declaration of Emergency and Administrative Order (the “Order”) on April 3, 2020 that will remain in effect until May 4, 2020. The Order supersedes the LDEQ’s previous declarations and orders issued on COVID-19 in March 2020.

The following previously set deadlines, occurring between March 19 and May 4, are extended for 30 days:

• Deadlines to report periodic monitoring or to submit other reports required by permits, regulations, other authorizations, enforcement actions, or settlement agreements, except for monitoring required by air permits issued under Title IV or V of the Clean Air Act, under the Prevention of Significant Deterioration (PSD) program, or any other federal Clean Air Act requirement, only insofar as a facility does not have appropriate personnel available due to COVID-19;
• Deadlines to conduct periodic inspection(s) and/or monitoring required by permits, regulations, other authorizations, enforcement actions, or settlement agreements, except for monitoring required by air permits issued under Title IV or V of the Clean Air Act, under the PSD program, or any other federal Clean Air Act requirement, only insofar as a facility does not have appropriate personnel available due to COVID-19. Documentation must be maintained and made available to the Department upon request; and
• Deadlines to file an application for renewal of an existing permit, except for air permits issued under Title V of the Clean Air Act. All renewal applications shall be submitted no later than the expiration date of the existing permit. 

Importantly, despite the general language in bullet one stating that the deadlines for submittal of periodic monitoring or other reports required under federal Clean Air Act regulations, permits and programs are not extended, the Order goes on to state that Title V Semiannual Monitoring and Deviation Reports and Annual Compliance Certifications normally due on March 31 shall be submitted no later than May 1, 2020. 

The Order states that the use of LDEQ’s physical drop box remains the preferred method for submitting permit applications or other permit application related materials (collectively, “Permit Materials”). However, during the period of time that the Order is in effect, LDEQ will accept electronic submittals for Permit Materials and will accept e-signatures from responsible officials. Hard copies shall be submitted to LDEQ within thirty (30) days of the expiration of the Order. The Order also states that LDEQ will accept online payments through its Business Website in lieu of checks.

The Order does not suspend emergency reporting requirements under the regulations or permit requirements. The Order may be amended further as required to abate the emergency conditions created by COVID-19.

Taylor Porter will continue to monitor legislation, news, and legal developments pertaining to COVID-19 in our Coronavirus Legal Blog and Resources section of our website.