Louisiana LAC 33:III Ch. 9 Section 919 - Emission Inventory, SIP effective August 4, 2011 (LAd34) and February 29, 2016 (LAd47)
Regulatory Text:
Louisiana Administrative Code, Title 33 ENVIRONMENTAL QUALITY, Part III Air (LAC 33:III)
Chapter 9. General Regulation on Control of Emissions and Emission Standards
Section 919. Emissions Inventory
As adopted in the Louisiana Register December 20, 2003 (AQ220), October 20, 2005 (OS065), and February 20, 2006 (AQ255).
Approved by EPA July 5, 2011 (76 FR 38977) effective August 4, 2011 (LAd34) LA021.
Regulations.gov docket EPA-R06-OAR-2007-0924
Updated with revisions to §919 introductory paragraph and paragraph A introductory paragraph approved by EPA January 28, 2016 (81 FR 04891) SIP effective February 29, 2016 (LAd47), Regulations.gov docket EPA-R06-OAR-2012-0434 [LA039].
NOTE: Although not specifically listed in the July 5, 2011 Federal Register amendatory language (see page 76 FR 38981), this compilation assumes that the following paragraphs of Section 919 were approved by EPA: paragraphs 919.A.1.a to 919.A.1.d; and 919.A.2.a to 919.A.5 adopted in the Louisiana Register on December 20, 2003 (LR 29: 2776) (AQ220); and paragraph 919.A adopted in the Louisiana Register October 20, 2005 (LR 31:2438)(OS065).
If anyone disagrees with this assumption, contact Bill Deese, EPA Region 6 , [email protected]
Unless otherwise indicated, paragraphs are as previously approved by EPA January 6, 1995 (60 FR 02014)effective February 6, 1995)(LAc65)
§919 introductory paragraph and paragraph A introductory paragraph, SIP effective to February 28, 2016.
AQ255 §919.Introductory paragraph; LAd34;LA021.12;AQ255;LR32:241(2/20/2006)
Emissions inventory data shall be submitted to the department on magnetic media in the format specified by the Office of Environmental Assessment, Air Quality Assessment Division. Facilities are defined as all emissions points under common control on contiguous property. Emissions point is defined as the source of emissions that should have a Source Classification Code (SCC). Detailed instructions are provided, on an annual basis, for completing and submitting emissions inventories. The state point source emissions inventory will be compiled from the emissions inventories submitted in accordance with this Section from the facilities that meet the criteria for applicability in Subsection A of this Section. The state area source, non-road and on-road mobile source, and biogenic emissions inventories are compiled by the department from data that may be requested from other federal, state, or local agencies or other private entities.
OS065 §919.A;LAd34;LA021.11;OS065;LR31:2438(10/20/2005)
A. Applicability. The owner or operator of the following facilities shall submit annual emissions inventories to the Office of Environmental Assessment, Air Quality Assessment Division. The inventory shall include all air pollutants for which a National Ambient Air Quality Standard (NAAQS) has been issued and all NAAQS precursor pollutants.
§919 introductory paragraph and paragraph A introductory paragraph, as submitted to EPA August 14, 2009 [LA039.03]
and resubmitted to EPA October 2015 [LA039.05], MM002 LR 33:2084 (October 20, 2007),
Regulations.gov document EPA-R06-OAR-2012-0434-0005 [LA039.05].
Approved by EPA January 28, 2016 (81 FR 04891) SIP effective February 29, 2016 (LAd47),
Regulations.gov docket EPA-R06-OAR-2012-0434 [LA039].
Emissions inventory data shall be submitted to the department on magnetic media in the format specified by the Office of Environmental Assessment. Facilities are defined as all emissions points under common control on contiguous property. Emissions point is defined as the source of emissions that should have a Source Classification Code (SCC). Detailed instructions are provided, on an annual basis, for completing and submitting emissions inventories. The state point source emissions inventory will be compiled from the emissions inventories submitted in accordance with this Section from the facilities that meet the criteria for applicability in Subsection A of this Section. The state area source, non-road and on-road mobile source, and biogenic emissions inventories are compiled by the department from data that may be requested from other federal, state, or local agencies or other private entities.
A. Applicability. The owner or operator of the following facilities shall submit annual emissions inventories to the Office of Environmental Assessment. The inventory shall include all air pollutants for which a National Ambient Air Quality Standard (NAAQS) has been issued and all NAAQS precursor pollutants.
AQ255 §919.A.1;LAd34;LA021.12;AQ255;LR32:241(2/20/2006)
1. Any facility located in the 8-hour ozone nonattainment parish of Ascension, East Baton Rouge, Iberville, Livingston, or West Baton Rouge is required to report if the facility emits or has the potential to emit any one or more of the following:
AQ220 §919.A.1.a to A.1.d; LAd34;LA021.08;AQ220;LR29:2776 (12/20/2003)
a. 10 tons per· year (TPY) of volatile organic compounds (VOC);
b. 25 TPY of nitrogen oxides (NOx);
c. 100 TPY of carbon monoxide (CO), sulfur dioxide (SO2), particulate matter of less than 10 microns (PM10), or particulate matter of less than 2.5 microns (PM2.5); or
d. 5 TPY of lead (Pb).
AQ255 §919.A.2;LAd34;LA021.12;AQ255;LR32:241(2/20/2006)
2. Any facility located in the parish of Assumption, East Feliciana, Iberia, Point Coupee, Saint Helena, Saint James, Saint John the Baptist, Saint Martin, Tangipahoa, or West Feliciana, (parishes that adjoin an 8-hour ozone nonattainment parish) is required to report if the facility emits or has the potential to emit anyone or more of the following:
AQ220 §919.A.2.a to A.2.c;LAd34;LA021.08;AQ220;LR29:2777(12/20/2003)
a. 50 TPY of YOC;
b. 100 TPY of NOx CO, SO2, PM10 , or PM2.5 ; or .
c. 5 TPY of Pb.
AQ220 §919.A.3 to A.3.b;LAd34;LA021.08;AQ220;LR29:2777(12/20/2003)
3. Any facility located 10 an attainment parish is required to report if the facility emits or has the potential to emit anyone or more of the following:
a. 100 TPY of VOC, NOx CO, S02, PM10, or PM2.5; or
b. 5 TPY of Pb.
AQ220 §919.A.4;LAd34;LA021.08;AQ220;LR29:2777(12/20/2003)
4. Any facility in Louisiana defined as a major stationary source of hazardous air pollutants in Section 112(a)(1) of the Federal Clean Air Act (FCAA) or of toxic air pollutants in LAC 33:III.Chapter 51 is required to report.
AQ220 §919.A.5;LAd34;LA021.08;AQ220;LR29:2777(12/20/2003)
5. Any facility in Louisiana that has a 40 CFR Part 70 (Title V) Operating Permit is required to report, regardless of emissions limits.
AQ255 §919.A.6;LAd34;LA021.12;AQ255;LR32:241(2/20/2006)
6. No facility classes or categories are exempted.
B. Types of Inventories
AQ255 §919.B.1;LAd34;LA021.12;AQ255;LR32:241(2/20/2006)
1. Annual Emissions Statement. Facilities as identified in Subsection A of this Section, shall submit an original Annual Emissions Statement (AES) and a duplicate for all criteria pollutants for which a NAAQS has been issued and for NAAQS precursor pollutants. Except as provided in Subparagraph B.2.d of this Section, the AES shall consist of an inventory of actual emissions and the allowable (permitted) emissions limits of VOC, NOx, CO, SO2, Pb, PM10, PM2.5, and ammonia, and an annual Certification Statement in accordance with Subparagraph B.5.a of this Section. The emissions inventory may be an initial emissions inventory for facilities submitting their first emissions inventory, or an annual emissions inventory update for facilities that have previously submitted an emissions inventory. Actual emissions shall be reported for all sources of emissions at a facility, including fugitive emissions, flash gas emissions, insignificant sources (as defined in LAC 33 III.501.B.5, Insignificant Activities List, A. Based on Size of Emission Rate), and excess emissions occurring during maintenance, start-ups, shutdowns, upsets, and downtime. For purposes of this Section, the term actual emissions is the calculation or estimate of the actual emissions of a pollutant, in accordance with Subsection C of this Section, for the calendar year or other period of time if requested by the department. Excess emissions are defined as emissions quantities greater than normal operations. Where there is an enforceable document, such as a permit, that establishes allowable levels, the AES shall include the allowable emissions level as identified in the permit Maximum Allowable Emissions Rate Table and the allowable tons per year.
AQ220 §919.B.2 to B.2.d;LAd34;LA021.08;AQ220;LR29:2776(12/20/2003)
2. Statewide Annual Emissions Inventory Update. After the initial submittal of an emissions inventory facilities as identified in Subsection A of this Section shall comply with the following requirements.
a. An update to the emissions inventory is required if there is a significant change in the values currently in the emissions reporting system for operating conditions including start-ups, shutdowns, or process changes at the source that results in an increase or reduction in annual emissions of an individual pollutant: VOC, NOx, CO, SO2, Pb, PM10, PM2.5 , or ammonia. VOCs that are also toxic air pollutants shall be considered for the purpose of determining significant change. A significant change is defined as the lesser of the following:
i. a 5 percent increase or decrease in the total potential or actual emissions from the facility;
ii. a 50 ton per year increase or decrease in the total potential or actual emissions from the facility; or
iii. a 10 ton per year increase or decrease in the potential or actual emissions from any single emissions point (stack, vent, or fugitive).
b. An update to the emissions inventory is required if there is a cessation of all production processes and termination of operations at the facility.
c. An update to the minimum data submitted in accordance with Paragraph B.5 of this Section is required if there is any change.
d. Unless an update is required in accordance with Subparagraph B.2.a, b, or c of this Section, then only the Certification Statement is required for the annual submittal.
AQ220 §919.B.3;LAd34;LA021.08;AQ220;LR29:2776(12/20/2003)
3. Ozone Nonattainment Area Requirement. Facilities in ozone nonattainment areas that meet the applicability in Paragraph A.1 of this Section shall submit an annual inventory. In addition to the minimum data requirements of Paragraph B.5 of this Section, the inventory shall consist of actual, annual emissions and typical weekday emissions that occur during the three-month period of greatest or most frequent ozone exceedances. Typical weekday emissions are defined as an average daily emissions rate that is calculated for each week of the three-month period of greatest or most frequent ozone exceedances. The department will indicate in the annual instructions which three-month period has the greatest or most frequent ozone exceedances in each ozone nonattainment area.
AQ220 §919.B.4;LAd34;LA021.08;AQ220;LR29:2776(12/20/2003)
4. Special Inventories. Upon request by the administrative authority, any facility subject to any Rule of the Environmental Quality regulations, LAC Title 33, shall file additional emissions data with the department. The request shall specify a reasonable time for response, which shall not be less than 60 days from receipt of the request.
AQ220 §919.B.5 to B.5.g.v;LAd34;LA021.08;AQ220;LR29:2776(12/20/2003)
5. Minimum Data Requirements. The minimum data requirements for the emissions inventory are listed below. Operating and process rate information are provided for information only, and do not constitute permit limits. Submittal of a report of excess emissions above allowable limits under this regulation does not pre-empt the need for compliance with LAC 33:III.Chapter 5 that requires a permit request to initiate or increase emissions, nor does it qualify as a notice of excess emissions. Format and submittal requirements will be published annually by the department. Any new or modified data requirements will be included in the annual requests for updates. Any substantive changes will be established in accordance with the Administrative Procedure Act. Except for the annual Certification Statement, the minimum data requirements apply to initial submittals only. Data requirements for updates require that only those data elements that have changed be submitted.
a. Certification Statement. A Certification Statement, required by Section 182(a)(3)(B) of the FCAA, shall be signed by a responsible official as defined in LAC 33:III.502.A, or a person designated by the responsible official, and shall accompany each emissions inventory to attest that the information contained in the inventory is true and accurate to the best knowledge of the certifying official. The Certification Statement shall include the full name, title, signature, date of signature, and telephone number of the certifying official.
b. Facility Identification Information. The facility identification information shall include:
i. full name, physical location, and mailing address of facility;
ii. UTM horizontal and vertical coordinates; and
iii. SIC code(s).
c. Operating Information. The operating information shall include:
i. percentage annual throughput by season. The four seasons will represent one calendar year. The first season, winter, will represent January, February, and December of the reporting year; spring will be March-May; summer will be June-August; and fall will be September-November;
ii. days per week during the normal operating schedule;
iii. hours per day during the normal operating schedule; and
iv. weeks per year during the normal operating schedule.
d. Process Rate Data. The process rate data shall include:
i. annual process rate (annual throughput). The SCC prescribes the units to be used with each SCC for annual fuel/process rate reporting;
ii. in nonattainment parishes, peak ozone season daily process rate. The SCC prescribes the units to be used with each SCC for peak ozone season daily process rate reporting. Peak ozone season daily process rate is an average of emissions from a daily operation during the peak ozone season months; and
iii. annual average heat, ash, and sulfur content and design capacity, where applicable.
e. Control Equipment Information. The control equipment information shall include:
i. current primary and secondary control equipment; and
ii. current control equipment efficiency (percent). The actual efficiency should reflect the total control efficiency from all control equipment and include downtime and maintenance degradation. If the actual control efficiency is unavailable, the design efficiency or the control efficiency limit imposed by a permit shall be used.
f. Emissions Information. The emissions information shall include:
i. estimated actual criteria pollutant and precursor emissions at the emissions point level, in tons per year, if applicable, for an annual emissions rate and pounds per day for a typical ozone season day. Actual emissions estimates must include all emissions, i.e., upsets, downtime, fugitive emissions, and insignificant sources;
ii. permitted criteria pollutant and precursor emissions at the emissions point level in tons per year and in pounds per hour;
iii. estimated emissions method;
iv. calendar year for the emissions; and
v. emissions factor (if emissions were calculated using an emissions factor).
g. Stack Parameters. The stack parameters shall include:
i. stack height;
ii. stack diameter;
iii. exit gas temperature;
iv. exit gas velocity; and
v. exit gas flow rate.
AQ255 §919.C; LAd34;LA021.12;AQ255;LR32:241(2/20/2006)
C. Calculations. Actual measurement with continuous emissions monitoring systems (CEMS) or approved stack testing shall be used for reporting of emissions from an emissions point when such data exists. In the absence of CEMS or stack test data, emissions shall be calculated using methods found in the most recent edition, as of December 31 of the current reporting year, of the Compilation of Air Pollution Emission Factors (AP-42), calculations published in engineering journals, and/or EPA or department-approved estimation methodologies.
AQ220 §919.D; LAd34;LA021.08;AQ220;LR29:2776 (12/20/2003)
D. Reporting Requirements. The annual emissions inventory shall be submitted to the department no later than March 31 for the previous calendar year unless otherwise directed.
AQ220 §919.E; LAd34;LA021.08;AQ220;LR29:2776 (12/20/2003)
E. Enforcement. The department reserves the right to initiate formal enforcement actions, under R.S. 30:2025, for failure to submit emissions inventories as required in this Section.
AQ220 §919.F; LAd34;LA021.08;AQ220;LR29:2776 (12/20/2003)
F. Fees. The annual emissions inventory will be used to assess the criteria pollutant annual fee as per LAC 33:III.223.
*** end Louisiana LAC 33:III Ch. 9 Section 919 - Emission Inventory, SIP effective August 4, 2011 (LAd34) and February 29, 2016 (LAd47)***