Louisiana LAC 33:III Ch. 5 Section 523 - Procedures for Incorporating Test Results, SIP effective September 6, 2016 (LAd51)
Regulatory Text:
Louisiana Administrative Code, Title 33 ENVIRONMENTAL QUALITY, Part III Air (LAC 33:III)
Chapter 5. Permit Procedures
Section 523. Procedures for Incorporating Test Results.
As approved by EPA August 4, 2016 (81 FR 51341) SIP effective September 6, 2016 (LAd51),
Regulations.gov docket EPA-R06-OAR-2014-0821 [LA048].
Updated with revisions adopted in the Louisiana Register and submitted to EPA:
AQ70 §523;LAd51;LA048.03A;AQ70;LR19:1420(11/20/1993), submitted to EPA November 15, 1993,
Regulations.gov document EPA-R06-OAR-2014-0821-0003
AQ294 §523;LAd51;LA048.11H;AQ294;LR34:1903(9/20/2008), submitted to EPA August 29, 2013,
Regulations.gov document EPA-R06-OAR-2014-0821-0011
AQ315 §503,523;LAd51;LA048.12J;AQ315;LR37:1146(4/20/2011), submitted to EPA November 3, 2014.
Regulations.gov document EPA-R06-OAR-2014-0821-0012
Unless otherwise indicated, text in this SIP-approved compilation of Section 523 is as adopted
in the Louisiana Register November 20, 1993, LR19:1420 (AQ70)
and submitted to EPA November 15, 1993 LA-017,
Regulations.gov document EPA-R06-OAR-2014-0821-0003 [LA048.03A].
AQ70 §523;LAd51;LA048.03A;AQ70;LR19:1420(11/20/1993), submitted to EPA November 15, 1993.
A. Permit Amendments or Modifications. The owner or operator of any facility permitted under this Chapter shall request a permit amendment or modification to reflect the results of any testing required or approved by the permitting authority, if such testing demonstrates that the terms and conditions of the existing permit are inappropriate or inaccurate. The request, together with all information necessary to process such request, shall be submitted within 45 days of obtaining the relevant test results.
1. Administrative Amendments. Changes to incorporate test results may be incorporated into the permit as an administrative amendment if all of the following criteria are met:
a. the changes are a result of tests performed upon start-up of newly constructed, installed, or modified equipment or operations;
AQ315 §523.A.1.b;LAd51;LA048.12J;AQ315;LR37:1146(4/20/2011), submitted to EPA November 3, 2014
b. increases in permitted emissions will not exceed 5 tons per year for any criteria or toxic air pollutant;
c. increases in permitted emissions of Louisiana toxic air pollutants or of federal hazardous air pollutants would not constitute a modification under LAC 33:III.Chapter 51 or under Section 112(g) of the Clean Air Act;
d. changes in emissions would not require new source review for prevention of significant deterioration or nonattainment, and would not trigger the applicability of any federally applicable requirement;
e. changes in emissions would not qualify as a significant modification;
f. the request is submitted no later than 12 months after commencing operation; and
g. the permit contains a term which provides for the incorporation of test results by administrative amendment in accordance with this Subsection A.1 of this Section.
2. Permit Modifications. Any change to incorporate test results which would not meet the criteria established in Subsection A.1 of this Section shall be incorporated into the permit in accordance with the appropriate procedures for minor or significant modifications.
B. Temporary Exemption for Testing
1. The administrative authority may, on behalf of the Department of Environmental Quality, grant temporary exemptions, not to exceed three months in duration, from the requirement to revise the permit prior to making a change in emissions in order to allow tests to determine the effect of the proposed modification on emission rates. This temporary exemption may be allowed only in cases where such an exemption is not prohibited under 40 CFR Part 70 or under any federally applicable requirement and where the effect of the proposed modification cannot reliably be determined from calculations or from published technical literature but is not expected to place ambient air standards in jeopardy during the testing period.
2. Persons requesting permission to test under these provisions shall submit the information specified in LAC 33:III.517 (with the exception of the data being measured in the test). Tests will be conducted for the minimum duration consistent with obtaining valid results.
AQ294 §523.B.3,4,5;LAd51;LA048.10H;AQ294;LR34:1903(9/20/2008), submitted to EPA August 29, 2013
3. At least 30 days prior to performing any emission test, notification of testing shall be made to the Office of Environmental Assessment to afford the department the opportunity to conduct a pretest conference and to have an observer present.
4. Within 60 days of test completion, the administrative authority shall be given a report detailing the conditions that were found to exist. If there is to be no permanent change in emissions from pretest conditions, that should be stated.
5. If there is to be a permanent change made that increases emissions, all applicable requirements of this Chapter must be met. If emissions are to be reduced by the modification, the requirements of LAC 33:III.511 are applicable.
***End Louisiana LAC 33:III Ch. 5 Section 523 - Procedures for Incorporating Test Results, SIP effective September 6, 2016 (LAd51)***