Louisiana SIP: LA 33:III Ch. 5 Section 504. SIP effective 2015-12-07 (LAd46) to 2016-09-05

Regulatory Text:
Louisiana Administrative Code, Title 33 ENVIRONMENTAL QUALITY, Part III Air (LAC 33:III)

Chapter 5.  Permit Procedures

Section 504. Nonattainment New Source Review (NNSR) Procedures
As approved by EPA November 5, 2015 (80 FR 68451) effective December 7, 2015 (LAd46),
Regulations.gov docket EPA-R06-OAR-2006-0131 [LA007].
Amendatory language/CFR ID comments: SIP does not include LAC 33:III.504.M.

NOTES ABOUT THIS COMPILATION OF LOUISIANA SECTION 504.

Unless otherwise indicated, paragraphs in this compilation Section 504 are as adopted in the Louisiana Register December 20, 2005, LR 31:3123 to 3135 (AQ246FS) and submitted to EPA December 20, 2005, Regulations.gov document EPA-R06-OAR-2006-0131-0008 [LA007.08F].

Revisions submitted to EPA June 15, 2005; December 20, 2005 (AQ246LS revisions); November 9, 2007; May 5, 2006; August 14, 2009; and May 16, 2011, are indicated by:
     1of6 §504... as submitted to EPA June 15, 2005 [LA007.07E], AQ235 LR 30:0752 to 0753 (April 2004).; or
     2of6 §504... as submitted to EPA December 20, 2005 [LA007.08F], AQ246LS LR 31:3155 to 3156 (December 2005).; or
     3of6 §504... as submitted to EPA May 5, 2006 [LA007.09G], OS065 LR 31:2436 (October 2005). [These revisions were superseded by the 5of6 revisions submitted to EPA August 14, 2009];or
     4of6 §504... as submitted to EPA November 9, 2007 [LA007.11I], AQ253 LR 32:1599 to 1600 (September 2006).; or
     5of6 §504... as submitted to EPA August 14, 2009 [LA007.12J], AQ318 LR33:2082 (October 2007).; or
     6of6 §504... as submitted to EPA May 16, 2011 [LA007.13K], AQ318 LR 37: 37:1568 to 1570 (June 2011).

Subsections and paragraphs previously approved by EPA and not revised by the November 5, 2015 (80 FR 68451) Federal Register action are indicated by:
     LAd14 §504... as approved by EPA September 30, 2002 (67 FR 61260) (LAd14).
NOTE: This Federal Register was published before EPA Region 6 began (in late 2004) putting Federal Register support documents in Regulations.gov dockets.

     If you find error(s), including typographical errors, in this compilation, please send a message to Bill Deese at [email protected] identifying/explaining the error.  Please DO NOT attach file(s) to your e-mail message – Bill WILL NOT open messages with attached files.

END NOTES ABOUT THIS COMPILATION OF LOUISIANA SECTION 504.

Louisiana Administrative Code, Title 33 ENVIRONMENTAL QUALITY, Part III Air (LAC 33:III)

Chapter 5.  Permit Procedures

§504.  Nonattainment New Source Review (NNSR) Procedures
As approved by EPA November 5, 2015 (80 FR 68451) effective December 7, 2005 (LAd46), Regulations.gov docket EPA-R06-OAR-2006-0131 [LA007].
Amendatory language/CFR ID comments: SIP does not include LAC 33:III.504.M.

Unless otherwise indicated, paragraphs in this compilation of Section 504 are as adopted in the Louisiana Register December 20, 2005, AQ246FS, LR 31:3123 to 3135, and submitted to EPA December 20, 2005, Regulations.gov document EPA-R06-OAR-2006-0131-0008 [LA007.08F].

Outline:
A.  Applicability.
B.  Source Obligation.
C.  Source Information.
D.  Nonattainment New Source Review Source Requirements.
E.  Additional Requirements for Sources Impacting Mandatory Federal Class I Areas.
F.  Emission Offsets.
G., H., I.  Reserved.
J.  Actuals PALs (Plantwide Applicability Limitations).
K.  Definitions.
L.  Table 1 – Major Stationary Source/Major Modification Emission Thresholds
M.  NOT in Louisiana SIP.



   A.  Applicability. The provisions of this Section apply to the construction of any new major stationary source or to any major modification at a major stationary source, as defined herein, provided such source or modification will be located within a nonattainment area so designated in accordance with Section 107 of the federal Clean Air Act, and will emit a regulated pollutant for which it is major and for which the area is designated nonattainment. If any provision of this Section, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Section, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

4of6 §504.A.1 as submitted to EPA November 9, 2007 [LA007.11I], AQ253 LR 32:1599 (September 2006).
       1.  For an area that is designated nonattainment for the
ozone national ambient air quality standard (NAAQS), VOC
and NO_x are the regulated pollutants under this Section.
VOC and NO_x emissions shall not be aggregated for
purposes of determining major stationary source status and
significant net emissions increases.

4of6 §504.A.2 as submitted to EPA November 9, 2007 [LA007.11I], AQ253 LR 32:1599 (September 2006).
       2.  Except as specified in Subsection M of this Section,
the potential to emit of a stationary source shall be compared
to the major stationary source threshold values listed in
Subsection L, Table 1 of this Section to determine whether
the source is major.

4of6 §504.A.3 introductory paragraph, as submitted to EPA November 9, 2007 [LA007.11I], AQ253 LR 32:1599 (September 2006).
       3.  Except as specified in Subsection M of this Section, 
the emissions increase that would result from a proposed
modification, without regard to project decreases, shall be
compared to the trigger values listed in Subsection L, Table 1
of this Section to determine whether a calculation of the
net emissions increase over the contemporaneous period
must be performed.

           a.  Actual-to-Projected-Actual Applicability Test for Projects That Only Involve Existing Emissions Units. The emissions increase of a regulated pollutant shall be calculated by summing the difference between the projected actual emissions, as defined in Subsection K of this Section, and the baseline actual emissions, as defined in Subsection K of this Section, specifically Subparagraphs a and b of the definition, for each existing emissions unit.
           b.  Actual-to-Potential Test for Projects That Only Involve Construction of New Emissions Units. The emissions increase of a regulated pollutant shall be calculated by summing the difference between the potential to emit, as defined in Subsection K of this Section, from each new emissions unit following completion of the project and the baseline actual emissions, as defined in Subsection K of this Section, specifically Subparagraph c of the definition, of these units before the project.
           c.  Reserved.
           d.  Hybrid Test for Projects That Involve Multiple Types of Emissions Units. The emissions increase of a regulated pollutant shall be calculated using the methods specified in Subparagraphs A.3.a-b of this Section, as applicable, with respect to each emissions unit, for each type of emissions unit.

4of6 §504.A.4 as submitted to EPA November 9, 2007 [LA007.11I], AQ253 LR 32:1599 (September 2006).
       4.  Except as specified in Subsection M of this Section,
the net emissions increase shall be compared to the
significant net emissions increase values listed in Subsection
L, Table 1 of this Section to determine whether a
nonattainment new source review must be performed.
       5.  Reserved.
       6.  For any major stationary source with a plantwide applicability limit (PAL) for a regulated pollutant, the owner or operator shall comply with Subsection J of this Section.
       7.  For applications deemed administratively complete in accordance with LAC 33:III.519.A prior to December 20, 2001, the requirements of this Section shall not apply to NO_x increases; furthermore, the 1.40 to 1 VOC internal offset ratio for serious ozone nonattainment areas shall not apply. In such situations, a 1.30 to 1 internal offset ratio shall apply to VOC if lowest achievable emission rate (LAER) is not utilized.

4of6 §504.A.8 as submitted to EPA November 9, 2007 [LA007.11I], AQ253 LR 32:1599 (September 2006).
       8.  For applications deemed administratively complete
in accordance with LAC 33:III.519.A on or after December
20, 2001 and prior to June 23, 2003, and for which the
nonattainment new source review (NNSR) permit was issued
in accordance with Subsection D of this Section on or before
June 14, 2005, the provisions of this Section governing
serious ozone nonattainment areas applied to VOC and NO_x 
increases. For applications deemed administratively
complete in accordance with LAC 33:III.519.A on or after
June 23, 2003, and for which the NNSR permit was issued in
accordance with Subsection D of this Section on or before
June 14, 2005, the provisions of this Section governing
severe ozone nonattainment areas applied to VOC and NO_x 
increases.



§504.B to B.5 as approved by EPA September 30, 2002 (67 FR 61260) (LAd14).
   B.  Source Obligation
       1.  The requirements of this Section shall apply as though construction had not yet commenced at the time that a source or modification becomes a major source or major modification solely due to a relaxation in any enforceable limitation established after August 7, 1980.
       2.  The issuance of a permit by the department shall not relieve any owner or operator of the responsibility to comply with the provisions of the Louisiana Air Control Law, any applicable regulations of the department, and any other requirements under local, state, or federal law.
       3.  Approval to construct shall become invalid if construction is not commenced within 18 months after receipt of such approval, if construction is discontinued for a period of 18 months or more, or if construction is not completed within a reasonable time.  For a phased construction project, each phase must commence construction within 18 months of the projected and approved commencement date.  The administrative authority may extend the 18-month period upon a satisfactory showing that an extension is justified.
       4.  For phased construction projects, the determination of the lowest achievable emission rate (LAER) shall be reviewed and modified as appropriate at the latest reasonable time but no later than 18 months prior to commencement of construction of each independent phase of the project.  At such time, the owner or operator of the applicable stationary source may be required to demonstrate the adequacy of any previous determination of the LAER.
       5.  If the owner or operator, who previously had been issued a permit under this regulation, applies for an extension as provided for under Paragraph B.3 of this Section, and the new proposed date of construction is greater than 18 months from the date that the permit would become invalid, the determination of the LAER shall be reviewed and modified as appropriate before such an extension is granted.  At such time, the owner or operator may be required to demonstrate the adequacy of any previous determination of the LAER.



5of6 §504.C.introductory paragraph, as submitted to EPA August 14, 2009 [LA007.12J], AQ318 LR33:2082 (October 2007).
   C.  Source Information. The owner or operator of a
proposed major stationary source or major modification shall
submit all information necessary to the Office of
Environmental Services in order to perform any analysis or
make any determination required under this regulation.
Information shall include, but is not limited to:

LAd14 §504.C.1 to C.3 as approved by EPA September 30, 2002 (67 FR 61260) (LAd14).
       1.  a description of the nature, location, design capacity, and typical operating schedule of the major stationary source or major modification, including specifications and drawings showing the design and plant layout;
       2.  a detailed schedule for construction of the major stationary source or major modification; and
       3.  a detailed description of the planned system of emission controls to be implemented, emission estimates, and other information necessary to demonstrate that the LAER or any other applicable limitation will be maintained.



LAd14 §504.D to D.2 as approved by EPA September 30, 2002 (67 FR 61260) (LAd14).
   D.  Nonattainment New Source Review Source Requirements.  Prior to constructing any new major stationary source or major modification a permit shall be obtained from the Louisiana Department of Environmental Quality in accordance with the requirements of this Section.  In order for a permit to be granted, all of the following conditions shall be met:
       1.  All existing stationary sources owned or operated by the applicant (or any entity controlling, controlled by, or under common control with the applicant) in this state shall be in compliance with all applicable state and federal emission limitations and standards, the Federal Clean Air Act, and all conditions in a state or federally enforceable permit, or be on schedules for compliance.  For purposes of meeting this condition, the applicant shall provide a list of all major sources it owns and operates within the state and certify that all such sources are in compliance with all applicable state and federal emission limitations and standards, the Federal Clean Air Act, and all conditions in a state or federally enforceable permit, or are on schedules for compliance.
       2.  The major stationary source or major modification shall be designed such that the LAER will be met and maintained for each pollutant emitted which is subject to this regulation.  The LAER must be applied to each new emissions unit and to each existing emissions unit at which an emissions increase will occur as the result of the proposed modification.

1of6 §504.D.3 as submitted to EPA June 15, 2005 [LA007.07E], AQ235 LR 30:0752 to 0753 (April 2004).
       3.  Notwithstanding Paragraph D.2 of this Section, in
the case of any major stationary source located in an area
classified as serious or severe, if the owner or operator of the
source elects to offset the emissions increase by a reduction
in emissions of VOC or NO_x, as specified in Paragraph F.1
of this Section, from other operations, units, or activities
within the source at an internal offset ratio of at least 1.40 to
1 (if reviewed under requirements for serious areas) or 1.50
to 1 (if reviewed under requirements for severe areas), then
the requirements for LAER shall not apply.

       4.  For any new major stationary source or major modification in accordance with this Section, it shall be assured that the total tonnage of the emissions increase that would result from the proposed construction or modification shall be offset by an equal or greater reduction as applicable, in the actual emissions of the regulated pollutant from the same or other sources in accordance with Paragraph F.9 of this Section. The total tonnage of increased emissions, in tons per year, shall be determined by summing the difference between the allowable emissions after the modification and the actual emissions before the modification for each emissions unit. A higher level of offset reduction may be required in order to demonstrate that a net air quality benefit will occur.

4of6 §504.D.5 as submitted to EPA November 9, 2007 [LA007.11I], AQ253 LR 32:1599 (September 2006).
       5.  Except as specified in Subsection M of this Section,
emission offsets shall provide net air quality benefit, in
accordance with offset ratios listed in Subsection L, Table 1
of this Section, in the area where the NAAQS for that
pollutant is violated.

LAd14 §504.D.6 to D.8.d approved by EPA September 30, 2002 (67 FR 61260) (LAd14).
       6.  The proposed major stationary source or major modification will meet all applicable emission requirements in the Louisiana State Implementation Plan (SIP), any applicable new source performance standard in 40 CFR part 60, and any national emission standard for hazardous air pollutants in 40 CFR part 61 or part 63.
       7.  As a condition for issuing a permit to construct a major stationary source or major modification in a nonattainment area, the public record must contain an analysis, provided by the applicant, of alternate sites, sizes, production processes, and environmental control techniques and demonstrate that the benefits of locating the source in a nonattainment area significantly outweigh the environmental and social costs imposed.
       8.  The administrative authority shall allow a source to offset, by alternative or innovative means, emission increases from rocket engine and motor firing, and cleaning related to such firing, at an existing or modified major source that tests rocket engines or motors under the following conditions:
           a.  Any modification proposed is solely for the purpose of expanding the testing of rocket engines or motors at an existing source that is permitted to test such engines on the date of enactment of this Subsection.
           b.  The source demonstrates to the satisfaction of the administrative authority that it has used all reasonable means to obtain and utilize offsets, as determined on an annual basis, for the emissions increases beyond allowable levels, that all available offsets are being used, and that sufficient offsets are not available to the source.
           c.  The source has obtained a written finding from the Department of Defense, Department of Transportation, National Aeronautics and Space Administration, or other appropriate federal agency, that the testing of rocket motors or engines at the facility is required for a program essential to the national security.
           d.  The source will comply with an alternative measure, imposed by the administrative authority, designed to offset any emission increases beyond permitted levels not directly offset by the source.  In lieu of imposing any alternative offset measures, the administrative authority may impose an emissions fee to be paid to such authority of a state which shall be an amount no greater than 1.5 times the average cost of stationary source control measures adopted in that area during the previous three years.  The administrative authority shall utilize the fees in a manner that maximizes the emission reductions in that area.

       9.  For existing emissions units at a major stationary source, other than projects at a source with a PAL, in circumstances where there is a reasonable possibility that a project that is not a part of a major modification may result in a significant emissions increase and the owner or operator elects to use, for the purpose of calculating projected actual emissions, the method specified in Subparagraphs K.Projected Actual Emissions.a-c of this Section, the following shall apply.
           a.  Before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following information:
               i.  a description of the project;
               ii.  identification of the emissions units whose emissions of a regulated pollutant could be affected by the project; and
               iii.  a description of the applicability test used to determine that the project is not a major modification for any regulated pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under Subparagraph K.Projected Actual Emissions.c of this Section (i.e., demand growth) and an explanation for why such amount was excluded, and any netting calculations, if applicable.

2of6 §504.D.9.b as submitted to EPA December 20, 2005 [LA007.08F], AQ246LS LR 31:3155 (December 2005).
           b.  If the emissions unit is an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information set out in Subparagraph D.9.a of this Section to the administrative authority.
           c.  The owner or operator shall monitor the emissions of any regulated pollutant that could increase as a result of the project and that is emitted by any emissions unit identified in Clause D.9.a.ii of this Section, and calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of five years following resumption of regular operations after the change, or for a period of 10 years following resumption of regular operations after the change if the project increases the design capacity or potential to emit of that regulated pollutant at such emissions unit.
           d.  If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the administrative authority within 60 days after the end of each year during which records must be generated under Subparagraph D.9.c of this Section setting out the unit’s annual emissions during the year that preceded submission of the report.
           e.  If the unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the administrative authority if the annual emissions, in tons per year, from the project identified in Subparagraph D.9.a of this Section, exceed the baseline actual emissions, as documented and maintained in accordance with Clause D.9.a.iii of this Section, by a significant amount, as defined in Subsection K of this Section, for that regulated pollutant, and if such emissions differ from the preconstruction projection as documented and maintained in accordance with Clause D.9.a.iii of this Section. Such report shall be submitted to the administrative authority within 60 days after the end of such year. The report shall contain the following:
i.  the name, address, and telephone number of the major stationary source;
ii.  the annual emissions as calculated in accordance with Subparagraph D.9.c of this Section; and
iii.  any other information that the owner or operator wishes to include in the report (e.g., an explanation as to why the emissions differ from the preconstruction projection).
       10.  The owner or operator of the source shall make the information required to be documented and maintained in accordance with Paragraph D.9 of this Section available for review upon a request for inspection by the administrative authority or the general public in accordance with the requirements contained in 40 CFR 70.4(b)(3)(viii).

2of6 §504.D.11 to D.11.b.2 as submitted to EPA December 20, 2005 [LA007.08F], AQ246LS LR 31:3155 to 3156, (December 2005)
       11.  For a project originally determined not to result in a significant net emissions increase, if an owner or operator subsequently reevaluates projected actual emissions and determines that the project has resulted or will now result in a significant net emissions increase, the owner or operator must either:
           a.  request that the administrative authority limit the potential to emit of the affected emissions units (including those used in netting) as appropriate via federally enforceable conditions such that a significant net emissions increase will no longer result; or
           b.  submit a revised permit application within 180 days requesting that the original project be deemed a major modification.



LAd14 §504.E to E.5 approved by EPA September 30, 2002 (67 FR 61260) (LAd14).
   E.  Additional Requirements for Sources Impacting Mandatory Federal Class I Areas
       1.  The department shall transmit to the administrator and any affected federal land manager a copy of each permit application and any information relevant to any proposed major stationary source or major modification which may have an impact on visibility in any mandatory federal Class I area.  Relevant information will include an analysis of the proposed source's anticipated impacts on visibility in the federal Class I area.  The application shall be transmitted within 30 days of receipt by the department and at least 60 days prior to any public hearing on the application.  Additionally, the department shall notify any affected federal land manager within 30 days from the date the department receives a request for a pre-application meeting from a proposed source subject to this regulation.  The department shall consult with the affected federal land manager prior to making a determination of completeness for any such permit application.  The department shall also provide the federal land manager and the administrator with a copy of the preliminary determination on the permit application and shall make available to them any materials used in making that determination.
       2.  The owner or operator of any proposed major stationary source or major modification which may have an impact on visibility in a mandatory federal Class I area shall include in the permit application an analysis of the anticipated impacts on visibility in such areas.
       3.  The department may require monitoring of visibility in any mandatory federal Class I area where the department determines an adverse impact on visibility may occur due to the operations of the proposed new major stationary source or major modification.  Such monitoring shall be conducted following procedures approved by the department and subject to the following conditions:
           a.  visibility monitoring methods specified by the department shall be reasonably available and not require any research and development; and
           b.  both preconstruction and post construction visibility monitoring may be required.  In each case, the duration of such monitoring shall not exceed one year.
       4.  The department shall consider any analysis with respect to visibility impacts provided by the federal land manager if it is received within 30 days from the date a complete application is given to the federal land manager.  In any case where the department disagrees with the federal land manager's analysis, the department shall either explain its decision to the federal land manager or give notice as to where the explanation can be obtained.  In the case where the department disagrees with the federal land manager's analysis, the department will also explain its decision or give notice to the public by means of an advertisement in a newspaper of general circulation in the area in which the proposed source would be constructed as to where the decision can be obtained.
       5.  In making its determination as to whether or not to issue a permit, the department shall ensure that the source's emissions will be consistent with making progress toward the national visibility goal of preventing any future impairment of visibility in mandatory federal Class I areas.  The department may take into account the costs of compliance, the time necessary for compliance, the energy and non-air quality environmental impacts of compliance, and the useful life of the source.



6of6 §504.F to F.1 as submitted to EPA May 16, 2011 [LA007.13K], AQ318 LR 37: 37:1569 (June 2011).
   F.  Emission Offsets. All emission offsets approved by
the department shall be surplus, permanent, quantifiable, and
enforceable in accordance with LAC 33.III.Chapter 6 and
shall meet the following criteria.
       1.  Except as specified in Subsection M of this Section,
offsets shall be required at the ratio specified in Subsection
L, Table 1 of this Section. All emission reductions claimed
as offset credit shall be from decreases of the same regulated
pollutant or pollutant class (e.g., VOC) for which the offset
is required, except that direct PM_2.5 emissions or emissions
of PM_2.5 precursors may be offset by reductions in direct
PM_2.5 emissions or emissions of any PM_2.5 precursor, if such
offsets comply with the interprecursor trading hierarchy and
ratio established in the approved SIP for a particular
nonattainment area.

LAd14 §504.F.2 to F.6 approved by EPA September 30, 2002 (67 FR 61260) (LAd14).
       2.  All emission reductions claimed as offset credit must have occurred later than the date upon which the area was designated nonattainment.
       3.  All emission reductions claimed as offset credit shall be federally enforceable prior to commencement of construction of the proposed new source or major modification.  All emission reductions claimed as offset credit shall occur prior to or concurrent with the start of operation of the proposed major stationary source.
       4.  Emission reductions claimed as offset credit shall be sufficient to ensure Reasonable Further Progress (RFP), as determined by the administrative authority.
       5.  Offset credit for any emission reduction can be claimed only to the extent that the department or the United States Environmental Protection Agency (USEPA) has not relied on it in previously issuing any permit or in demonstrating attainment or reasonable further progress.
       6.  The emission limit for determining emission offset credit involving an existing fuel combustion source shall be the most stringent emission standard which is allowable under the applicable regulation for this major stationary source for the type of fuel being burned at the time the permit application is filed.  If the existing source commits to switch to a cleaner fuel, emission offset credit based on the difference between the allowable NOx or VOC emissions of the fuels involved shall be acceptable only if an alternative control measure, which would achieve the same degree of emission reductions should the source switch back to a fuel which produces more pollution, is specified in a permit issued by the department.

5of6 §504.F.7.introductory paragraph, as submitted to EPA August 14, 2009 [LA007.12J], MM002 LR33:2082 (October 2007).
       7.  The owner or operator desiring to utilize emission
reductions as an offset shall submit to the Office of
Environmental Services the following information:

 LAd14 §504.F.7.a to F.7.c approved by EPA September 30, 2002 (67 FR 61260) (LAd14).
           a.  a detailed description of the process to be controlled and the control technology to be used;
           b.  emission calculations showing the types and amounts of actual emissions to be reduced; and
           c.  the effective date of the reduction.

4of6 §504.F.8 to F.8.c, as submitted to EPA November 9, 2007 [LA007.11I], AQ253 LR 32:1599 (September 2006).
       8.  Emissions reductions achieved by shutting down an
existing emissions unit or curtailing production or operating
hours below baseline levels may be generally credited if
such reductions are surplus, permanent, quantifiable, and
federally enforceable, and if:
           a.  the shutdown or curtailment occurred after the
last day of the base year for the SIP planning process. For
purposes of this Subparagraph, the administrative authority
may choose to consider a prior shutdown or curtailment to
have occurred after the last day of the base year if the
projected emissions inventory used to develop the attainment
demonstration explicitly includes the emissions from such
previously shutdown or curtailed emissions unit (However,
in no event may credit be given for shutdowns that occurred
before August 7, 1977.);
           b.  the shutdown or curtailment occurred on or after
the date the permit application or application for emission
reduction credits (ERCs) was filed; or
c.  the applicant can establish that the proposed new
emissions unit is a replacement for the shutdown or curtailed
emissions unit.

LAd14 §504.F.9 to F.10 approved by EPA September 30, 2002 (67 FR 61260) (LAd14).
       9.  Emission offsets shall be obtained from the same source in the case of internal offsets provided in accordance with Paragraph D.3 of this Section.  In all other cases emission offsets shall be obtained from the same source or other sources in the same nonattainment area, except that such emission reductions may be obtained from a source in another nonattainment area if:
           a.  the other area has an equal or higher nonattainment classification than the area in which the major stationary source is located; and
           b.  emissions from such other area contribute to a violation of the national ambient air quality standard in the nonattainment area in which the proposed new or modified major stationary source would construct.
       10.  Emission reductions otherwise required by the Federal Clean Air Act or by state regulations shall not be credited for purposes of satisfying the offset requirement.  Incidental emission reductions which are not otherwise required by the Act or by state regulations may be creditable as offsets.


G.  Reserved.
H.  Reserved.
I.  Reserved.


   J.  Actuals PALs
       1.  Applicability
           a.  The administrative authority may approve the use of an actuals PAL for any existing major stationary source, except as provided in Subparagraph J.1.b of this Section, if the PAL meets the requirements of this Subsection. The term "PAL" shall mean "actuals PAL" throughout this Subsection.
           b.  The administrative authority shall not allow an actuals PAL for VOC or NO_x for any major stationary source located in an extreme ozone nonattainment area.
           c.  Any physical change in or change in the method of operation of a major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements of this Subsection, and complies with the PAL permit:
               i.  is not a major modification for the PAL pollutant;
               ii.  does not have to be approved through this Section; and
               iii.  is not subject to the provisions in Paragraph B.1 of this Section (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability of the nonattainment major NSR program).
           d.  Except as provided under Clause J.1.c.iii of this Section, a major stationary source shall continue to comply with all applicable federal or state requirements, emission limitations, and work practice requirements that were established prior to the effective date of the PAL.
       2.  Definitions. For purposes of this Subsection, the terms below shall have the meaning herein as follows. When a term is not defined in this Paragraph, it shall have the meaning given in Subsection K of this Section or in the Clean Air Act.
           a.  Actuals PAL—a PAL based on the baseline actual emissions, as defined in Subsection K of this Section, of all emissions units, as defined in Subsection K of this Section, at the source that emit or have the potential to emit the PAL pollutant.
           b.  Allowable Emissions—as defined in Subsection K of this Section, except with the following modifications.
               i.  The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit’s potential to emit.
               ii.  An emissions unit’s potential to emit shall be determined using the definition in Subsection K of this Section, except that the words "or enforceable as a practical matter" should be added after "federally enforceable."
           c.  Major Emissions Unit—
               i.  any emissions unit that emits or has the potential to emit 100 tons per year or more of the PAL pollutant in an attainment area; or
               ii.  any emissions unit that emits or has the potential to emit the PAL pollutant in an amount that is equal to or greater than the appropriate major stationary source threshold value listed in Subsection L, Table 1 of this Section for the PAL pollutant.
           d.  Plantwide Applicability Limitation (PAL)—an emission limitation expressed in tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter and established source-wide in accordance with this Subsection.
           e.  PAL Effective Date—generally the date of issuance of the PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.
           f.  PAL Effective Period—the period beginning with the PAL effective date and ending 10 years later.
           g.  PAL Major Modification—notwithstanding the definitions for major modification and net emissions increase in Subsection K of this Section, any physical change in or change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL.
           h.  PAL Permit—the major NSR permit, the minor NSR permit, or the state operating permit under a program that is approved into the State Implementation Plan or the Title V permit issued by the administrative authority that establishes a PAL for a major stationary source.
           i.  PAL Pollutant—the pollutant for which a PAL is established at a major stationary source.
           j.  Significant Emissions Unit—an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level, as defined in Subsection K of this Section or in the Clean Air Act, whichever is lower, for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit as defined in Subparagraph J.2.c of this Section.
           k.  Small Emissions Unit—an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant, as defined in Subsection K of this Section or in the Clean Air Act, whichever is lower.
       3.  Permit Application Requirements. As part of a permit application requesting a PAL, the owner or operator of a major stationary source shall submit the following information to the administrative authority for approval:
           a.  a list of all emissions units at the source designated as small, significant, or major based on their potential to emit. In addition, the owner or operator of the source shall indicate which, if any, federal or state applicable requirements, emission limitations, or work practices apply to each unit;
           b.  calculations of the baseline actual emissions with supporting documentation. Baseline actual emissions are to include emissions associated not only with operation of the unit, but also authorized emissions associated with start-up, shutdown, and malfunction;
           c.  the calculation procedures that the major stationary source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required by Subparagraph J.13.a of this Section.
       4.  General Requirements for Establishing PALs
           a.  The administrative authority may establish a PAL at a major stationary source, provided that at a minimum, the following requirements are met.
               i.  The PAL shall impose an annual emission limitation in tons per year, that is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period after the first 12 months of establishing a PAL, the major stationary source owner or operator shall show that the sum of the monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL (a 12-month average, rolled monthly). For each month during the first 11 months from the PAL effective date, the major stationary source owner or operator shall show that the sum of the preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than the PAL.
               ii.  The PAL shall be established in a PAL permit that meets the public participation requirements in Paragraph J.5 of this Section.
               iii.  The PAL permit shall contain all the requirements of Paragraph J.7 of this Section.
               iv.  The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary source.
               v.  Each PAL shall regulate emissions of only one pollutant.
               vi.  Each PAL shall have a PAL effective period of 10 years.
               vii.  The owner or operator of the major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in Paragraphs J.12-14 of this Section for each emissions unit under the PAL through the PAL effective period.
           b.  At no time during or after the PAL effective period are emissions reductions of a PAL pollutant, which occur during the PAL effective period, creditable as decreases for purposes of offsets under Subsection F of this Section unless the level of the PAL is reduced by the amount of such emissions reductions and such reductions would be creditable in the absence of the PAL.

6of6 §504.J.5 as submitted to EPA May 16, 2011 [LA007.13K], AQ318 LR 37: 37:1568 to 1571 (June 2011).
       5.  Public Participation Requirement for PALs.
Procedures to establish, renew, or increase PALs for existing
major stationary sources shall be consistent with 40 CFR
51.160 and 51.161. These include the requirement that the
administrative authority provide the public with notice of the
proposed approval of a PAL permit and at least a 30-day
period for submittal of public comments. The administrative
authority shall address all material comments before taking
final action on the permit.

       6.  Setting the 10-Year Actuals PAL Level
           a.  Except as provided in Subparagraph J.6.b of this Section, the actuals PAL level for a major stationary source shall be established as the sum of the baseline actual emissions, as defined in Subsection K of this Section, of the PAL pollutant for each emissions unit at the source, plus an amount equal to the applicable significant level for the PAL pollutant, as defined in Subsection K of this Section or in the Clean Air Act, whichever is lower. When establishing the actuals PAL level for a PAL pollutant, only one consecutive 24-month period must be used to determine the baseline actual emissions for all existing emissions units. However, a different consecutive 24-month period may be used for each different PAL pollutant. Emissions associated with units that were permanently shut down after this 24-month period must be subtracted from the PAL level. The administrative authority shall specify a reduced PAL level (in tons/yr) in the PAL permit to become effective on the future compliance date of any applicable federal or state regulatory requirement that the administrative authority is aware of prior to issuance of the PAL permit. For instance, if the source owner or operator will be required to reduce emissions from industrial boilers in half from baseline emissions of 60 ppm NO_x to a new rule limit of 30 ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by half of the original baseline emissions of such unit.
           b.  For newly-constructed units, which do not include modifications to existing units, on which actual construction began after the 24-month period, in lieu of adding the baseline actual emissions as specified in Subparagraph J.6.a of this Section, the emissions must be added to the PAL level in an amount equal to the potential to emit of the units.
       7.  Contents of the PAL Permit. The PAL permit shall contain, at a minimum, the following information:
           a.  the PAL pollutant and the applicable source-wide emission limitation in tons per year;
           b.  the PAL permit effective date and the expiration date of the PAL (PAL effective period);
           c.  specification that if a major stationary source owner or operator applies to renew a PAL in accordance with Paragraph J.10 of this Section before the end of the PAL effective period, then the PAL shall not expire at the end of the PAL effective period, but shall remain in effect until a revised PAL permit is issued by the administrative authority;
           d.  a requirement that emission calculations for compliance purposes include emissions associated with start-up, shutdown, and malfunction;
           e.  a requirement that, once the PAL expires, the major stationary source is subject to the requirements of Paragraph J.9 of this Section;
           f.  the calculation procedures that the major stationary source owner or operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required by Subparagraph J.13.a of this Section;
           g.  a requirement that the major stationary source owner or operator monitor all emissions units in accordance with the provisions under Paragraph J.12 of this Section;
           h.  a requirement to retain the records required under Paragraph J.13 of this Section on site. Such records may be retained in an electronic format;
           i.  a requirement to submit the reports required under Paragraph J.14 of this Section by the required deadlines;
           j.  any other requirements that the administrative authority deems necessary to implement and enforce the PAL.
       8.  PAL Effective Period and Reopening of the PAL Permit
           a.  PAL Effective Period. The administrative authority shall specify a PAL effective period of 10 years.
           b.  Reopening of the PAL Permit
               i.  During the PAL effective period, the administrative authority shall reopen the PAL permit to:
                   (a).  correct typographical/calculation errors made in setting the PAL or reflect a more accurate determination of emissions used to establish the PAL;
                   (b).  reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductions for use as offsets under Subsection F of this Section;
                   (c).  revise the PAL to reflect an increase in the PAL as provided under Paragraph J.11 of this Section.
               ii.  The administrative authority has the discretion to reopen the PAL permit in order to:
                   (a).  reduce the PAL to reflect newly applicable federal requirements [e.g., New Source Performance Standards (NSPS)] with compliance dates after the PAL effective date;
                   (b).  reduce the PAL consistent with any other requirement that is enforceable as a practical matter, and that the state may impose on the major stationary source;
                   (c).  reduce the PAL if the administrative authority determines that a reduction is necessary to avoid causing or contributing to a national ambient air quality standard (NAAQS) or PSD increment violation, or to an adverse impact on an air quality-related value that has been identified for a federal Class I area by a federal land manager and for which information is available to the general public.
               iii.  Except for the permit reopening in Subclause J.8.b.i.(a) of this Section for the correction of typographical/calculation errors that do not increase the PAL level, all other reopenings shall be carried out in accordance with the public participation requirements of Paragraph J.5 of this Section.
       9.  Expiration of a PAL. Any PAL that is not renewed in accordance with the procedures in Paragraph J.10 of this Section shall expire at the end of the PAL effective period, and the following requirements shall apply.
           a.  Each emissions unit, or each group of emissions units, that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the following procedures.
               i.  Within the time frame specified for PAL renewals in Subparagraph J.10.b of this Section, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit, or each group of emissions units, if such a distribution is more appropriate as decided by the administrative authority, by distributing the PAL allowable emissions for the major stationary source among each of the emissions units that existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under Subparagraph J.10.e of this Section, such distribution shall be made as if the PAL had been adjusted.
               ii.  The administrative authority shall decide whether and how the PAL allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the administrative authority determines is appropriate.
           b.  Each emissions unit shall comply with the allowable emission limitation on a 12-month rolling basis. The administrative authority may approve the use of monitoring systems (source testing, emission factors, etc.) other than continuous emissions monitoring systems (CEMS), continuous emissions rate monitoring systems (CERMS), predictive emissions monitoring systems (PEMS), or continuous parameter monitoring systems (CPMS) to demonstrate compliance with the allowable emission limitation.
           c.  Until the administrative authority issues the revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as required under Clause J.9.a.i of this Section, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission limitation.
           d.  Any physical change or change in the method of operation at the major stationary source will be subject to the nonattainment major NSR requirements if such change meets the definition of major modification in Subsection K of this Section.
           e.  The major stationary source owner or operator shall continue to comply with any state or federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period or prior to the PAL effective period, except for those emission limitations that had been established in accordance with Paragraph B.1 of this Section, but were eliminated by the PAL in accordance with the provisions in Clause J.1.c.iii of this Section.
       10.  Renewal of a PAL
           a.  The administrative authority shall follow the procedures specified in Paragraph J.5 of this Section in approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by the administrative authority.
           b.  Application Deadline. A major stationary source owner or operator shall submit a timely application to the administrative authority to request renewal of a PAL. A timely application is one that is submitted at least six months prior to, but not earlier than 18 months from, the date of permit expiration. This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major stationary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued.
           c.  Application Requirements. The application to renew a PAL permit shall contain the following information:
               i.  the information required in Subparagraphs J.3.a-c of this Section;
               ii.  a proposed PAL level;
               iii.  the sum of the potential to emit of all emissions units under the PAL, with supporting documentation;
               iv.  any other information the owner or operator wishes the administrative authority to consider in determining the appropriate level for renewing the PAL.
           d.  PAL Adjustment. In determining whether and how to adjust the PAL, the administrative authority shall consider the options outlined in Clauses J.10.d.i-ii of this Section. However, in no case may any such adjustment fail to comply with Clause J.10.d.iii of this Section.
               i.  If the emissions level calculated in accordance with Paragraph J.6 of this Section is equal to or greater than 80 percent of the PAL level, the administrative authority may renew the PAL at the same level without considering the factors set forth in Clause J.10.d.ii of this Section.
               ii.  The administrative authority may set the PAL at a level that he or she determines to be more representative of the source’s baseline actual emissions, or that he or she determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source’s voluntary emissions reductions, or other factors as specifically identified by the administrative authority in his or her written rationale.
               iii.  Notwithstanding Clauses J.10.d.i-ii of this Section:
                   (a).  if the potential to emit of the major stationary source is less than the PAL, the administrative authority shall adjust the PAL to a level no greater than the potential to emit of the source; and
                   (b).  the administrative authority shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions of Paragraph J.11 of this Section regarding increasing a PAL.
           e.  If the compliance date for a state or federal requirement that applies to the PAL source occurs during the PAL effective period, and if the administrative authority has not already adjusted for such requirement, the PAL shall be adjusted at the time of PAL permit renewal or Title V permit renewal, whichever occurs first.
       11.  Increasing a PAL during the PAL Effective Period
           a.  The administrative authority may increase a PAL emission limitation only if the major stationary source complies with the following provisions.
               i.  The owner or operator of the major stationary source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions units contributing to the increase in emissions so as to cause the major stationary source’s emissions to equal or exceed its PAL.
               ii.  As part of this application, the major stationary source owner or operator shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual emissions of the significant and major emissions units assuming application of BACT equivalent controls, plus the sum of the allowable emissions of the new or modified emissions units, exceeds the PAL. The level of control that would result from BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such a case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently comply.
iii.  The owner or operator shall obtain a major NSR permit for all emissions units identified in Clause J.11.a.i of this Section, regardless of the magnitude of the emissions increase resulting from them (i.e., no significant levels apply). These emissions units shall comply with any emissions requirements resulting from the nonattainment major NSR program process (e.g., LAER), even though they have also become subject to the PAL or continue to be subject to the PAL.
               iv.  The PAL permit shall require that the increased PAL level shall be effective on the day any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.
           b.  The administrative authority shall calculate the new PAL as the sum of the allowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions units assuming application of BACT equivalent controls as determined in accordance with Clause J.11.a.ii of this Section, plus the sum of the baseline actual emissions of the small emissions units.
           c.  The PAL permit shall be revised to reflect the increased PAL level in accordance with the public notice requirements of Paragraph J.5 of this Section.
       12.  Monitoring Requirements for PALs
           a.  General Requirements
               i.  Each PAL permit must contain enforceable requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring system authorized for use in the PAL permit must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit.
               ii.  The PAL monitoring system must employ one or more of the four general monitoring approaches meeting the minimum requirements set forth in Clauses J.12.b.i-iv of this Section and must be approved by the administrative authority.
               iii.  Notwithstanding Clause J.12.a.ii of this Section, an owner or operator may also employ an alternative monitoring approach that meets the requirements of Clause J.12.a.i of this Section if approved by the administrative authority.
               iv.  Failure to use a monitoring system that meets the requirements of this Paragraph renders the PAL invalid.
           b.  Minimum Performance Requirements for Approved Monitoring Approaches. The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in Subparagraphs J.12.c-i of this Section:
               i.  mass balance calculations for activities using coatings or solvents;
               ii.  CEMS;
               iii.  CPMS or PEMS; and
               iv.  emission factors.
           c.  Mass Balance Calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following requirements:
               i.  provide a demonstrated means of validating the published content of the PAL pollutant that is contained in or created by all materials used in or at the emissions unit;
               ii.  assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and
               iii.  where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a range of pollutant content from such material, the owner or operator shall use the highest value of the range to calculate the PAL pollutant emissions unless the administrative authority determines there is site-specific data or a site-specific monitoring program to support another content within the range.
           d.  CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements:
               i.  CEMS must comply with applicable performance specifications found in 40 CFR Part 60, Appendix B; and
               ii.  CEMS must sample, analyze, and record data at least every 15 minutes while the emissions unit is operating.
           e.  CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements:
               i.  the CPMS or the PEMS must be based on current site-specific data demonstrating a correlation between the monitored parameters and the PAL pollutant emissions across the range of operation of the emissions unit; and
               ii.  each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the administrative authority, while the emissions unit is operating.
           f.  Emission Factors. An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requirements:
               i.  all emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors’ development;
               ii.  the emissions unit shall operate within the designated range of use for the emission factor, if applicable; and
               iii.  if technically practicable, the owner or operator of a significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor within six months of PAL permit issuance, unless the administrative authority determines that testing is not required.
           g.  A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL permit.
           h.  Notwithstanding the requirements in Subparagraphs J.12.c-d of this Section, where an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameters and the PAL pollutant emissions rate at all operating points of the emissions unit, the administrative authority shall, at the time of permit issuance:
               i.  establish default values for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating points; or
               ii.  determine that operation of the emissions unit during operating conditions when there is no correlation between monitored parameters and the PAL pollutant emissions is a violation of the PAL.
           i.  Revalidation. All data used to establish the PAL pollutant must be revalidated through performance testing or other scientifically valid means approved by the administrative authority. Such testing must occur at least once every five years after issuance of the PAL.
       13.  Recordkeeping Requirements
           a.  The PAL permit shall require an owner or operator to retain a copy of all records necessary to determine compliance with any requirement of this Subsection and of the PAL, including a determination of each emissions unit’s 12-month rolling total emissions, for five years from the date of such record.
           b.  The PAL permit shall require an owner or operator to retain a copy of the following records for the duration of the PAL effective period plus five years:
               i.  a copy of the PAL permit application and any applications for revisions to the PAL; and
               ii.  each annual certification of compliance in accordance with Title V and the data relied on in certifying the compliance.
       14.  Reporting and Notification Requirements. The owner or operator shall submit semiannual monitoring reports and prompt deviation reports to the administrative authority in accordance with the applicable Title V operating permit program. The reports shall meet the following requirements.
           a.  Semiannual Report. The semiannual report shall be submitted to the administrative authority within 30 days of the end of each reporting period. This report shall contain the following information:
               i.  the identification of the owner or operator and the permit number;
               ii.  total annual emissions (tons/year) based on a 12-month rolling total for each month in the reporting period recorded in accordance with Subparagraph J.13.a of this Section;
               iii.  all data relied upon, including but not limited to, any quality assurance or quality control data, in calculating the monthly and annual PAL pollutant emissions;
               iv.  a list of any emissions units modified or added to the major stationary source during the preceding 6-month period;
               v.  the number, duration, and cause of any deviations or monitoring malfunctions, other than the time associated with zero and span calibration checks, and any corrective action taken;
               vi.  a notification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determined by method included in the permit, as provided by Subparagraph J.12.g of this Section;
               vii.  a signed statement by the responsible official, as defined by the applicable Title V operating permit program, certifying the truth, accuracy, and completeness of the information provided in the report.
           b.  Deviation Report. The major stationary source owner or operator shall promptly submit reports of any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. A report submitted in accordance with 40 CFR 70.6(a)(3)(iii)(B) shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by the applicable program implementing 40 CFR 70.6(a)(3)(iii)(B). The reports shall contain the following information:
               i.  the identification of the owner or operator and the permit number;
               ii.  the PAL requirement that experienced the deviation or that was exceeded;
               iii.  emissions resulting from the deviation or the exceedance; and
               iv.  a signed statement by the responsible official, as defined by the applicable Title V operating permit program, certifying the truth, accuracy, and completeness of the information provided in the report.
           c.  Revalidation Results. The owner or operator shall submit to the administrative authority the results of any revalidation test or method within three months after completion of such test or method.
       15.  Transition Requirements
           a.  No administrative authority may issue a PAL that does not comply with the requirements of this Subsection after the administrator has approved regulations incorporating these requirements into the State Implementation Plan.
           b.  The administrative authority may supersede any PAL that was established prior to the date of approval of the State Implementation Plan by the administrator with a PAL that complies with the requirements of this Subsection.



   K.  Definitions. The terms in this Section are used as defined in LAC 33:III.111 with the exception of those terms specifically defined as follows.

       Actual Emissions—the actual rate of emissions of a pollutant from an emissions unit as determined in accordance with the following, except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under Subsection J of this Section. Instead, the definitions of projected actual emissions and baseline actual emissions in this Subsection shall apply for those purposes.
           a.  In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive 24-month period that precedes the particular date and that is representative of normal major stationary source operation. A different time period shall be allowed upon a determination by the department that it is more representative of normal major stationary source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.
           b.  The administrative authority may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.
           c.  For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the allowable emissions of the unit.

       Administrator—the administrator of the USEPA or an authorized representative.

       Adverse Impact on Visibility—visibility impairment which interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of the mandatory federal Class I area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency, and time of the visibility impairments and how these factors correlate with:
           a.  times of visitor use of the mandatory federal Class I area; and
           b.  the frequency and timing of natural conditions that reduce visibility.  
This term does not include effects on integral vista as defined at 40 CFR 51.301, Definitions.

       Allowable Emissions—the emissions rate of a major stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:
           a.  the applicable standard set forth in 40 CFR Part 60, 61, or 63;
           b.  any applicable State Implementation Plan emissions limitation including those with a future compliance date; or
           c.  the emissions rate specified as a federally enforceable permit condition, including those with a future compliance date.

       Baseline Actual Emissions—the rate of emissions, in tons per year, of a regulated pollutant, determined as follows.
           a.  For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the five-year period immediately preceding when the owner or operator begins actual construction of the project. The administrative authority shall allow the use of a different time period upon a determination that it is more representative of normal source operation.

2of6 §504.K.Baseline Actual Emissions.a.i, as submitted to EPA December 20, 2005 [LA007.08F], AQ246LS LR 31:3156 (December 2005).
               i.  The average rate shall include fugitive
emissions to the extent quantifiable, and authorized
emissions associated with start-ups, shutdowns, and
malfunctions.

               ii.  The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period.
               iii.  For a regulated pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated pollutant.
               iv.  The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Clause a.ii of this definition.
           b.  For an existing emissions unit, other than an electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit application is received by the administrative authority for a permit required under this Section, except that the 10-year period shall not include any period earlier than November 15, 1990.

2of6 §504.K.Baseline Actual Emissions.b.i, as submitted to EPA December 20, 2005 [LA007.08F], AQ246LS LR 31:3156 (December 2005).
               i.  The average rate shall include fugitive
emissions to the extent quantifiable, and authorized
emissions associated with start-ups, shutdowns, and
malfunctions.

               ii  The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period.
               iii.  The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period. However, if an emission limitation is part of a maximum achievable control technology standard that the administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of Paragraphs F.4 and 5 of this Section.
               iv.  For a regulated pollutant, when a project involves multiple emissions units, only one consecutive 24-month period shall be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period may be used for each regulated pollutant.
               v.  The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Clauses b.ii-iii of this definition.
           c.  For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero, and thereafter, for all other purposes, shall equal the unit’s potential to emit.
           d.  For a PAL for a major stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in Subparagraph a of this definition, for other existing emissions units in accordance with the procedures contained in Subparagraph b of this definition, and for a new emissions unit in accordance with the procedures contained in Subparagraph c of this definition.

       Begin Actual Construction—initiation of physical on-site construction activities on an emissions unit that are of a permanent nature. Such activities include, but are not limited to, installation of building support and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operating this term refers to those on-site activities other than preparatory activities that mark the initiation of the change.

       Best Available Control Technology (BACT)—as defined in LAC 33:III.509.

       Building, Structure, Facility, or Installation—all of the pollutant-emitting activities that belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same "Major Group" (i.e., they have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987.

       Clean Air Act—the federal Clean Air Act, 42 U.S.C. 7401-7671(q).

2of6 §504.K.Clean Coal Technology –- definition repealed from AQ246FS, as submitted to EPA December 20, 2005 [LA007.08F], AQ246LS LR 31:3156 (December 2005).

2of6 §504.K.Clean Coal Technology Demonstration Project –- definition repealed from AQ246FS, as submitted to EPA December 20, 2005 [LA007.08F], AQ246LS LR 31:3156 (December 2005).

       Commence—as applied to construction of a major stationary source or major modification means that the owner or operator has all necessary preconstruction approvals or permits and either has:
           a.  begun, or caused to begin, a continuous program of actual on-site construction of the major stationary source, to be completed within a reasonable time; or
           b.  entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the major stationary source to be completed within a reasonable time.

       Construction—any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) that would result in a change in actual emissions.

       Continuous Emissions Monitoring System (CEMS)—all of the equipment that may be required to meet the data acquisition and availability requirements of this Section, to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis.

       Continuous Emissions Rate Monitoring System (CERMS)—the total equipment required for the determination and recording of the pollutant mass emissions rate, in terms of mass per unit of time.

       Continuous Parameter Monitoring System (CPMS)—all of the equipment necessary to meet the data acquisition and availability requirements of this Section, to monitor process and control device operational parameters (e.g., control device secondary voltages and electric currents) and other information (e.g., gas flow rate, O₂ or CO₂ concentrations), and to record average operational parameter values on a continuous basis.

       Electric Utility Steam Generating Unit—any steam-electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.

       Emissions Unit—any part of a major stationary source that emits or would have the potential to emit any regulated pollutant, and includes an electric utility steam generating unit as defined in this Subsection. For purposes of this Section, there are two types of emissions units as described below.
           a.  A new emissions unit is any emissions unit that is, or will be, newly constructed and that has existed for less than two years from the date such emissions unit first operated.
           b.  An existing emissions unit is any emissions unit that does not meet the requirements in Subparagraph a of this definition. A replacement unit, as defined in this Subsection, is an existing emissions unit.

       Federal Class I Area—any federal land that is classified or reclassified as a "Class I" area in accordance with the federal Clean Air Act.

       Federal Land Manager—with respect to any lands in the United States, the secretary of the department with authority over such lands.

       Federally Enforceable—all limitations and conditions which are federally enforceable by the administrator, including those requirements developed in accordance with 40 CFR Parts 60, 61, and 63, requirements within any applicable State Implementation Plan, any permit requirements established in accordance with 40 CFR 52.21 or under regulations approved in accordance with 40 CFR Part 51, Subpart I including 40 CFR 51.165 and 40 CFR 51.166.

       Fugitive Emissions—those emissions that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

       Lowest Achievable Emission Rate—for any source, the more stringent rate of emissions based on the following:
           a.  the most stringent emissions limitation that is contained in the implementation plan of any state for such class or category of major stationary source, unless the owner or operator of the proposed stationary source demonstrates that such limitations are not achievable; or
           b.  the most stringent emissions limitation that is achieved in practice by such class or category of stationary source. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within the stationary source. In no event shall the application of this term permit a proposed new or modified major stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard of performance.

       Major Modification—
           a.  Any physical change in or change in the method of operation of a major stationary source that would result in a significant net emissions increase, as listed in Subsection L, Table 1 of this Section, of any regulated pollutant for which the stationary source is already major.
           b.  Any net emissions increase that is considered significant for VOC or NO_x shall be considered significant for ozone. VOC and NO_x emissions shall not be aggregated for the purpose of determining significant net emissions increases.
           c.  A physical change or change in the method of operation shall not include:
               i.  routine maintenance, repair, and replacement;
               ii.  use of an alternative fuel or raw material by reason of an order under Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan in accordance with the Federal Power Act;
               iii.  use of an alternative fuel by reason of an order or rule under Section 125 of the Clean Air Act;
               iv.  use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;
               v.  use of an alternative fuel or raw material by a stationary source that:
                   (a).  the source was capable of accommodating before December 21, 1976, unless such change would be prohibited under any federally enforceable permit condition that was established after December 12, 1976, in accordance with 40 CFR 52.21 or under regulations approved in accordance with 40 CFR Part 51, Subpart I or 40 CFR 51.166; or
                   (b).  the source is approved to use under any permit issued under regulations approved in accordance with this Section;
               vi.  an increase in the hours of operation or in the production rate, unless such change is prohibited under any federally enforceable permit condition that was established after December 21, 1976, in accordance with 40 CFR 52.21 or regulations approved in accordance with 40 CFR Part 51, Subpart I or 40 CFR 51.166;
               vii.  any change in ownership at a stationary source.

2of6 §504.K.Major Modification.c.viii –- repealed from AQ246FS, as submitted to EPA December 20, 2005 [LA007.08F], AQ246LS LR 31:3156 (December 2005).

           d.  This definition shall not apply with respect to a particular regulated pollutant when the major stationary source is complying with the requirements under Subsection J of this Section for a PAL for that pollutant. Instead, the definition at Subparagraph J.2.g of this Section shall apply.

       Major Stationary Source—
           a.  any stationary source (including all emission points and units of such source located within a contiguous area and under common control) of air pollutants which emits, or has the potential to emit, any regulated pollutant at or above the threshold values defined in Subsection L, Table 1 of this Section; or
           b.  any physical change that would occur at a stationary source not qualifying under Subparagraph a of this definition as a major stationary source, if the change would constitute a major stationary source by itself;
           c.  a major stationary source that is major for VOC or NO_x shall be considered major for ozone. VOC and NO_x emissions shall not be aggregated for the purpose of determining major stationary source status;
           d.  a stationary source shall not be a major stationary source due to fugitive emissions, to the extent that they are quantifiable, unless the source belongs to:
               i.  any category in Table A in LAC 33:III.509; or
               ii.  any other stationary source category which, as of August 7, 1980, is being regulated under Section 111 or 112 of the Clean Air Act;
           e.  a stationary source shall not be a major stationary source due to secondary emissions.

6of6 §504.K.Malfunctions -- definition repealed as submitted to EPA May 16, 2011 [LA007.13K], AQ318 LR 37: 37:1569 (June 2011).

       Mandatory Federal Class I Area—those federal lands that are international parks, national wilderness areas which exceed 5,000 acres in size, national memorial parks which exceed 5,000 acres in size, and national parks which exceed 6,000 acres in size, and that were in existence on August 7, 1977. These areas may not be redesignated.

       Natural Conditions—includes naturally occurring phenomena that reduce visibility as measured in terms of visual range, contrast, or coloration.

       Necessary Preconstruction Approvals or Permits—those permits or approvals required under federal air quality control laws and regulations and those air quality control laws and regulations which are part of the applicable State Implementation Plan.

       Net Emissions Increase—the amount by which the sum of the following exceeds zero:
           a.  i.  any increase in actual emissions from a particular physical change or change in the method of operation at a stationary source as calculated in accordance with Paragraph A.3 of this Section; and
               ii.  any other creditable increases and decreases in actual emissions at the major stationary source over a period including the calendar year of the proposed increase, up to the date on which the proposed increase will occur, and the preceding four consecutive calendar years. Baseline actual emissions for calculating increases and decreases under this Clause shall be determined as provided in Subsection K.Baseline Actual Emissions of this Section except that Clauses a.iii and b.iv of that definition shall not apply;
           b.  an increase or decrease in actual emissions is creditable only if neither the department nor the administrator has relied on it in issuing a permit for the source under this regulation and, for a decrease, the administrator has not relied on it in issuing a permit under
40 CFR 52.21, which permit is in effect when the increase in actual emissions from the particular change occurs;
           c.  Reserved;
           d.  an increase in actual emissions is creditable only to the extent that the new level of allowable emissions exceeds the old level of actual emissions;
           e.  a decrease in actual emissions is creditable only to the extent that:
               i.  the old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of allowable emissions;
               ii.  it is enforceable as a practical matter at and after the time that actual construction of the particular change begins;
               iii.  it has not been relied on by the state in demonstrating attainment or reasonable further progress; and
               iv.  it has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change;
           f.  an increase that results from a physical change at a major stationary source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days;
           g.  Subparagraph K.Actual Emissions.a of this Section shall not apply for determining creditable increases and decreases or after a change.

       Nonattainment Area—for any air pollutant, an area which is shown by monitored data or which is calculated by air quality modeling (or other methods determined by the administrator to be reliable) to exceed any national ambient air quality standard for such pollutant. Such term includes any area identified under Subparagraphs (A)-(C) of Section 107(d)(1) of the Federal Clean Air Act.

       Pollution Prevention—any activity that, through process changes, product reformulation or redesign, or substitution of less polluting raw materials, eliminates or reduces the release of air pollutants, including fugitive emissions, and other pollutants to the environment prior to recycling, treatment, or disposal; it does not mean recycling (other than certain "in-process recycling" practices), energy recovery, treatment, or disposal.

       Portable Stationary Source—a source that can be relocated to another operating site with limited dismantling and reassembly.

       Potential to Emit—the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source.

       Predictive Emissions Monitoring System (PEMS)—all of the equipment necessary to monitor process and control device operational parameters (e.g., control device secondary voltages and electric currents) and other information (e.g., gas flow rate, O₂ or CO₂ concentrations), and calculate and record the mass emissions rate (e.g., lb/hr) on a continuous basis.

       Prevention of Significant Deterioration (PSD) Permit—any permit that is issued under a major source preconstruction permit program that has been approved by the administrator and incorporated into the State Implementation Plan to implement the requirements of 40 CFR 51.166, or under the program in 40 CFR 52.21.

       Project—a physical change in, or change in the method of operation of, an existing major stationary source.

       Projected Actual Emissions—the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated pollutant in any one of the 5 years (12-month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit’s design capacity or its potential to emit of that regulated pollutant and full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source. In determining the projected actual emissions before beginning actual construction, the owner or operator of the major stationary source:
           a.  shall consider all relevant information, including but not limited to, historical operational data, the company’s own representations, the company’s expected business activity and the company’s highest projections of business activity, the company’s filings with the state or federal regulatory authorities, and compliance plans under the approved State Implementation Plan; and

2of6 §504.K.Projected Actual Emissions.b, as submitted to EPA December 20, 2005 [LA007.08F], AQ246LS LR 31:3156 (December 2005).
           b.  shall include fugitive emissions to the extent
quantifiable, and authorized emissions associated with
startups, shutdowns, and malfunctions; and

           c.  shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit’s emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions as defined in this Subsection and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or
           d.  in lieu of using the method set out in Subparagraphs a-c of this definition, may elect to use the emissions unit’s potential to emit, in tons per year, as defined in this Subsection.

6of6 §504.Regulated Pollutant, paragraphs a to b, as submitted to EPA May 16, 2011 [LA007.13K], AQ318 LR 37: 37:1569 (June 2011).
       Regulated Pollutant—
           a.  any pollutant for which a national ambient air
quality standard has been promulgated or any constituent or
precursor for the identified pollutant, provided that such
constituent or precursor pollutant is only regulated under
NNSR as part of regulation of the primary pollutant.
Precursors identified by the administrative authority for
purposes of NNSR include the following:
               i.  volatile organic compounds and nitrogen
oxides are precursors to ozone in all ozone nonattainment areas;
               ii.  sulfur dioxide is a precursor to PM_2.5 in all
PM_2.5 nonattainment areas;
               iii.  nitrogen oxides are presumed to be precursors
to PM_2.5 in all PM_2.5 nonattainment areas, unless the
administrative authority demonstrates to the administrator’s
satisfaction or EPA demonstrates that emissions of nitrogen
oxides from sources in a specific area are not a significant
contributor to that area’s ambient PM_2.5 concentrations; and
               iv.   volatile organic compounds and ammonia are
presumed not to be precursors to PM_2.5 in any PM_2.5  
nonattainment area, unless the administrative authority
demonstrates to the administrator’s satisfaction or EPA
demonstrates that emissions of volatile organic compounds
or ammonia from sources in a specific area are a significant
contributor to that area’s ambient PM_2.5 concentrations.
           b.   PM_2.5 emissions and PM₁₀ emissions shall
include the gaseous emissions from a source or activity
which condense to form particulate matter at ambient
temperatures. On or after January 1, 2011, such condensable
particulate matter shall be accounted for in applicability
determinations and in establishing emissions limitations for
PM_2.5 and PM₁₀ in NNSR permits. Compliance with
emissions limitations for PM_2.5 and PM₁₀ issued prior to this
date shall not be based on condensable particulate matter.
Applicability determinations made prior to this date without
accounting for condensable particulate matter shall not be
considered in violation of this Section.

       Replacement Unit—an emissions unit for which all the following criteria are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced.
           a.  The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(1), or the emissions unit completely takes the place of an existing emissions unit.
           b.  The emissions unit is identical to or functionally equivalent to the replaced emissions unit.
           c.  The emissions unit does not alter the basic design parameters of the process unit.
           d.  The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit, as defined in this Subsection.

       Secondary Emissions—emissions which would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of this Section, secondary emissions must be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.


2of6 §504.K.Temporary Clean Coal Technology Demonstration Project –- definition repealed from AQ246FS, as submitted to EPA December 20, 2005 [LA007.08F], AQ246LS LR 31:3156 (December 2005).


6of6 §504.K.Significant, as submitted to EPA May 16, 2011 [LA007.13K], AQ318 LR 37: 37:1569 (June 2011).
       Significant—in reference to a net emissions increase or
the potential of a source to emit any of the following
pollutants, a rate of emissions that would equal or exceed the
lower of any of the following rates or the applicable major
modification significant net increase threshold in
Subsection L, Table 1 of this Section.
 

       Stationary Source—any building, structure, facility, or installation which emits or may emit any regulated pollutant.

       Temporary Source—a stationary source that changes its location or ceases to exist within one year from the date of initial start of operations.

       Visibility Impairment—any humanly perceptible change in visibility (visual range, contrast, coloration) from that which would have existed under natural conditions.



6of6 §504.L.Table 1—Major Stationary Source/Major Modification Emission Thresholds as submitted to EPA May 16, 2011 [LA007.13K], AQ318 LR 37: 37:1569 (June 2011).
   L.  Table 1—Major Stationary Source/Major Modification Emission Thresholds
 

Pollutant	Major Stationary Source Threshold Values (tons/year)	Major Modification Significant Net Increase (tons/year)	Offset Ratio Minimum
Ozone VOC/NOx		Trigger Values
Marginal	100	40(40)2	1.10 to 1
Moderate	100	40(40)2	1.15 to 1
Serious	50	253(5)4	1.20 to 1 w/LAER or 1.40 to 1 internal w/o LAER
Severe	25	253(5)4	1.30 to 1 w/LAER or 1.50 to 1 internal w/o LAER
Extreme	10	Any increase	1.50 to 1
CO
Moderate	100	100	>1.00 to 1
Serious	50	50	>1.00 to 1
SO2	100	40	>1.00 to 1
PM101
Moderate	100	15	>1.00 to 1
Serious	70	15	>1.00 to 1
PM2.55	100	10	>1.00 to 1
Lead	100	0.6	>1.00 to 1

4of6 §504.L.Table 1, Footnotes 1 to 4, as submitted to EPA November 9, 2007 [LA007.11I], AQ253 LR 32:1599 to 1600 (September 2006).
   ¹ The requirements of LAC 33:III.504 applicable to major stationary
sources and major modifications of PM₁₀ shall also apply to major
stationary sources and major modifications of PM₁₀ precursors, except
where the administrator determines that such sources do not contribute
significantly to PM₁₀ levels that exceed the PM₁₀ NAAQS in the area.
   ² Consideration of the net emissions increase will be triggered for any
project that would increase emissions by 40 tons or more per year, without
regard to any project decreases.
   ³ For serious and severe ozone nonattainment areas, the increase in
emissions of VOC or NO_X resulting from any physical change or change in
the method of operation of a stationary source shall be considered
significant for purposes of determining the applicability of permit
requirements, if the net emissions increase from the source equals or
exceeds 25 tons per year of VOC or NO_X.
   ⁴ Consideration of the net emissions increase will be triggered for any
project that would increase VOC or NO_X emissions by 5 tons or more per
year, without regard to any project decreases, or for any project that would
result in a 25 ton or more per year cumulative increase in emissions of VOC
within the contemporaneous period or of NO_X for a period of five years after
the effective date of the rescission of the NO_X waiver, and within the
contemporaneous period thereafter.

6of6 §504.L.Table 1, Footnote 5, as submitted to EPA May 16, 2011 [LA007.13K], AQ318 LR 37: 37:1569 to 1570 (June 2011).
   ⁵ Sulfur dioxide is a precursor to PM_2.5 in all PM_2.5 nonattainment
areas. Nitrogen oxides are presumed to be precursors to PM_2.5 in all PM_2.5 
nonattainment areas unless the administrative authority demonstrates to the
administrator’s satisfaction or EPA demonstrates that emissions of nitrogen
oxides from sources in a specific area are not a significant contributor to
that area’s ambient PM_2.5 concentrations. Volatile organic compounds and
ammonia are presumed not to be precursors to PM_2.5 in any PM_2.5 
nonattainment area unless the administrative authority demonstrates to the
administrator’s satisfaction or EPA demonstrates that emissions of volatile
organic compounds or ammonia from sources in a specific area are a
significant contributor to that area’s ambient PM_2.5 concentrations.
   VOC  =  volatile organic compounds
   NO_X  =  oxides of nitrogen
   CO  =  carbon monoxide
   SO₂  =  sulfur dioxide
   PM₁₀  =  particulate matter of less than 10 microns in diameter
   PM_2.5  =  particulate matter of less than 2.5 microns in diameter



4of6 §504.M to M.3 NOT IN SIP as submitted to EPA November 9, 2007 [LA007.11I], AQ253 LR 32:1599 to 1600 (September 2006).
   M.  NOT IN SIP as approved by EPA November 5, 2015 (80 FR 68451) effective
December 7, 2005 (LAd46), Regulations.gov docket EPA-R06-OAR-2006-0131 [LA007].
See Amendatory language/CFR ID comment.