Louisiana SIP: LAC 33:III Ch. 5 Section 501 - Scope and Applicability, and Table 1, Insignificant Activities List, SIP effective September 6, 2016 (LAd51)
Regulatory Text:
Louisiana Administrative Code, Title 33 ENVIRONMENTAL QUALITY, Part III Air (LAC 33:III)
Chapter 5. Permit Procedures
Section 501. Scope and Applicability
As approved by EPA August 4, 2016 (81 FR 51341) SIP effective September 6, 2016 (LAd51),
Regulations.gov docket EPA-R06-OAR-2014-0821 [LA048].
Updated with revisions submitted to EPA:
LA048.03A - November 15, 1993 (LA048.03A, AQ70) LA-017;
AQ70 §501;LAd51;LA048.03A;AQ70;LR19:1420(11/20/1993), submitted to EPA November 15, 1993.
LA048.04B - November 10, 1994 (LA048.04B, AQ93, AQ102) LA-018,
AQ93 §501;LAd51;LA048.04B;AQ93;LR20:1281(11/20/1994), submitted to EPA November 10, 1994;
AQ102 §501;LAd51;LA048.04B;AQ102;LR20:1375(12/20/1994), submitted to EPA November 10,1994.
LA048.06D - June 22, 1998 (LA048.06D, AQ161*) LA-048;
AQ161* §501,517;LAd51;LA048.06D;AQ161*;LR23:1677(12/20/1997), submitted to EPA June 22, 1998.
LA048.07E - June 27, 2003 (LA048.07E, AQ222) LA-070;
AQ222 §501;LAd51;LA048.07E;AQ222;LR28:0997(5/20/2002), submitted to EPA June 27, 2003.
LA048.08F - May 5, 2006 (LA048.08F, AQ244, OS065) LA-083;
AQ244 §501;LAd51;LA048.08F;AQ244;LR31:1063(5/20/2005), submitted to EPA May 5, 2006;
OS065 §501;LAd51;LA048.08F;OS065;LR31:2436(10/20/2005), submitted to EPA May 5, 2006.
LA048.09G - November 9, 2007 (LA048.09G, AQ240) LA-093;
AQ240 §501;LAd51;LA048.09G;AQ240;LR32:1842(10/20/2006), submitted to EPA November 9, 2007.
LA048.10H - August 14, 2009 (LA048.10H, MM002) LA-106;
MM002 §501;LAd51;LA048.10H;MM002;LR33:2082[298](10/20/2007), submitted to EPA August 14, 2009.
LA037.04 - December 21, 2011 (LA037.04, AQ314) LA-120;
AQ314ft §501.C.14;LAd50;LA037.03;AQ314ft;LR37:1148(04/20/2011), submitted to EPA December 21, 2011.
Paragraph 501.C.14 as adopted in the Louisiana Register April 20, 2011
(LR 37:1148) (AQ314ft) and submitted to EPA December 21, 2011.
Approved by EPA July 18, 2016 (81 FR 46606) effective August 17, 2016 (LAd50)
Regulations.gov document EPA-R06-OAR-2012-0022-0003 [LA037.03].
LA048.12J - November 3, 2014 (LA048.12J, AQ315, AQ317, AQ323) LA-133;
AQ315 §501;LAd51;LA048.12J;AQ315;LR37:1145(4/20/2011), submitted to EPA November 3, 2014;
AQ317 §501;LAd51;LA048.12J;AQ317;LR37:1391(5/20/2011), submitted to EPA November 3, 2014;
AQ323 §501;LAd51;LA048.12J;AQ323;LR37:3233(11/20/2011), submitted to EPA November 3, 2014.
NOT IN SIP: LAC 33:III.501.B.1.d and LAC 33:III.501.B.2.d.i.(a).
[Editor’s Note: EPA has never acted on any part of LA 33:III.501.B.2.d]
Section 501. Scope and Applicability
As approved by EPA August 4, 2016 (81 FR 51341) SIP effective September 6, 2016 (LAd51),
Regulations.gov docket EPA-R06-OAR-2014-0821 [LA048].
NOT IN SIP: LAC 33:III.501.B.1.d and LAC 33:III.501.B.2.d.i.(a).
[Editor’s Note: EPA has never acted on any part of LA 33:III.501.B.2.d]
Except for Section 501.B.5, Table 1, Insignificant Activities List,
unless otherwise indicated, text in this compilation of SIP-approved Section 501 is
as adopted in the Louisiana Register November 20, 1993, LR19:1420 (AQ70), and submitted to EPA November 15, 1993,
Regulations.gov document EPA-R06-OAR-2014-0821-0003 [LA048.03A].
AQ70 §501;LAd51;LA048.03A;AQ70;LR19:1420(11/20/1993), submitted to EPA November 15, 1993
In Section 501.B.5, Table 1, Insignificant Activities List,
unless otherwise indicated, paragraphs in Table 1 are
as adopted in the Louisiana Register November 20, 1994 (LR20:1281, AQ93), and submitted to EPA November 10, 1994,
Regulations.gov document EPA-R06-OAR-2014-0821-0004 [LA048.04B].
AQ93 §501.B.5.Table 1.A to D.d;LAd51;LA048.04B;AQ93; LR20:1281(11/20/1994)
A. Applicability. The provisions of this Chapter apply to the owner and operator of any source which emits or has the potential to emit any air contaminant in the state of Louisiana.
A.1. Such sources shall include, but are not limited to:
a. any major source as defined herein;
b. any nonmajor (area) source of hazardous air pollutants required to obtain an operating permit pursuant to regulations promulgated under Section 112 of the federal Clean Air Act;
c. any nonmajor (minor) source required to obtain an air quality permit pursuant to this Chapter or to other regulations promulgated by the Louisiana Department of Environmental Quality;
d. any affected source, as defined herein, pursuant to the acid rain provisions of Title IV of the federal Clean Air Act;
e. any solid waste incineration unit required to obtain a permit pursuant to Section 129(e) of the federal Clean Air Act.
A.2. Program-specific permitting requirements pertaining to certain air quality control programs are addressed in the chapter which provides the control requirements of the program or in relevant subsections under this Chapter.
B. Exemptions and Special Provisions
B.1. General Exemptions. The requirement to obtain a permit in accordance with this Chapter does not apply to:
a. activities conducted on residential property, unless such activities constitute a Part 70 source under LAC 33:III.507.A.1;
b. the distribution or application of pesticides;
AQ317 §501.B.1.c;LAd51;LA048.12J;AQ317;LR37:1391(5/20/2011)
c. mobile sources such as automobiles, trucks, and aircraft;
d. NOT IN SIP
AQ317 §501.B.1.e;LAd51;LA048.12J;AQ317;LR37:1391(5/20/2011)
e. a nonroad engine, as defined in LAC 33:III.502.A.
B.2. Statutory Exemptions. The requirement to obtain a permit in accordance with this Chapter does not apply to:
a. air quality conditions existing solely within the property boundaries of commercial and industrial plants;
b. controlled burning of agricultural by-products in the field or of cotton gin agricultural wastes;
c. controlled burning in connection with timber stand management, or of pastureland or marshland in connection with trapping or livestock production; or
d. NOT IN SIP --- EPA has never approved any part of paragraph 501.B.2.d.
AQ315 §501.B.2.d.i.(a) NOT IN SIP;LAd51;LA048.12J;AQ315;LR37:1145(4/20/2011), submitted to EPA November 3, 2014,
EDITOR’S NOTE: In the August 4, 2016 (81 FR 51341) (LAd51) Federal Register, EPA did not approve the revision to paragraph 501.B.2.d.i.(a) adopted in the Louisiana Register April 20, 2011 (LR 37:1145)(AQ315) and submitted to EPA November 3, 2014 LA-133. END EDITOR’S NOTE.
B.3. Source Category Exemptions. No nonmajor source will be required to obtain a permit under this Chapter solely because it is a regulated source under one or more of the following:
a. 40 CFR 61.145-NESHAP for Asbestos, Standard for Demolition and Renovation;
b. LAC 33:III.5151-Emission Standard for Asbestos;
AQ161* §501.B.3.c;LAd51;LA048.06D;AQ161*;LR23:1677(12/20/1997)
c. 40 CFR Part 60 AAA-Standards of Performance for New Residential Wood Heaters; or
AQ161* §501.B.3.d;LAd51;LA048.06D;AQ161*;LR23:1677(12/20/1997)
d. regulations promulgated in accordance with the federal Clean Air Act under Section 112(r)-Prevention of Accidental Releases.
B.4. Exemptions Granted by the Permitting Authority
a. The owner or operator of any source which is not a major source may apply for an exemption from the permitting requirements of this Chapter provided each of the following criteria are met:
AQ315 §501.B.4.a.i;LAd51;LA048.12J;AQ315;LR37:1145(4/20/2011)
i. the source emits and has the potential to emit no more than 5 tons per year of any criteria pollutant;
ii. the source emits and has the potential to emit less than the minimum emission rate listed in Table 51.1, LAC 33:III.Chapter 51 [now LAC 33:III.5112, Table 51.1], for each Louisiana toxic air pollutant;
iii. no enforceable permit conditions are necessary to ensure compliance with any applicable requirement; and
iv. no public notice is required for any permitting or other activity at the source.
b. Any source to which an exemption is granted under this Paragraph shall be operated in accordance with any terms stated in the exemption and upon which the decision to grant the exemption was based. Failure to operate the source in accordance with the terms of the exemption may terminate such exemption and shall constitute a violation of the general duty to operate under a permit established pursuant to Subsection C of this Section.
AQ244 §501.B.5;LAd51;LA048.08F; AQ244;LR31:1063(5/20/2005)
B.5. Insignificant Activities List. Those activities listed in the following table are approved by the permitting authority as insignificant on the basis of size, emission or production rate, or type of pollutant. By such listing, the permitting authority exempts certain sources or types of sources from the requirement to obtain a permit under this Chapter unless it is determined by the permitting authority on a site-specific basis that any such exemption is not appropriate. The listing of any activity or emission unit as insignificant does not authorize the maintenance of a nuisance or a danger to public health or safety. Any activity for which a federal applicable requirement applies is not insignificant, even if the activity meets the criteria below. For the purpose of permitting requirements under LAC 33:III.507, no exemption listed in the following table shall become effective until approved by the administrator in accordance with 40 CFR Part 70. For purposes of the insignificant activities listed in this Paragraph, aggregate emissions shall mean the total emissions from a particular insignificant activity or group of similar insignificant activities (e.g., A.1, A.2, etc.) within a permit per year.
| Table 1. Insignificant Activities List Unless otherwise indicated, paragraphs in Table 1 are as adopted in the Louisiana Register November 20, 1994 (LR20:1281,AQ93). AQ93 §501.B.5.Table 1;LAd51;LA048.04B;AQ93; LR20:1281(11/20/1994) Submitted to EPA November 10, 1994. Regulations.gov document EPA-R06-OAR-2014-0821-0004 [LA048.4B]. As approved by EPA August 4, 2016 (81 FR 51341) SIP effective September 6, 2016 (LAd51), Regulations.gov docket EPA-R06-OAR-2014-0821 [LA048]. |
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| Table 1.A. Based on Size or Emission Rate AQ222 §501.B.5.Table 1.A;LAd51;LA048.07E;AQ222;LR28:0997(5/20/2002) Permit applications submitted under Subsection A of this Section for sources that include any of the following emissions units, operations, or activities must either list them as insignificant activities or provide the information for emissions units as specified under LAC 33:III.517: |
| AQ315 §501.B.5.Table 1.A.1;LAd51;LA048.12J;AQ315;LR37:1145(4/20/2011) A.1. external combustion equipment with a design rate greater than or equal to 1 million btu per hour, but less than or equal to 10 million btu per hour, provided that the aggregate criteria pollutant emissions from all such units listed as insignificant do not exceed 5 tons per year; |
| AQ315 §501.B.5.Table 1.A.2;LAd51;LA048.12J;AQ315;LR37:1145(4/20/2011) A.2. storage tanks less than 250 gallons storing organic liquids having a true vapor pressure less than or equal to 3.5 psia, provided that the aggregate emissions from all such organic liquid storage tanks listed as insignificant do not exceed 5 tons per year of criteria or toxic air pollutants, do not exceed any minimum emission rate listed in LAC 33:III.5112, Table 51.1, and do not exceed any hazardous air pollutant de minimis rate established pursuant to Section 112(g) of the federal Clean Air Act; |
| AQ315 §501.B.5.Table 1.A.3;LAd51;LA048.12J;AQ315;LR37:1145(4/20/2011) A.3. storage tanks less than 10,000 gallons storing organic liquids having a true vapor pressure less than 0.5 psia, provided that the aggregate emissions from all such organic liquid storage tanks listed as insignificant do not exceed 5 tons per year of criteria or toxic air pollutants, do not exceed any Minimum Emission Rate listed in LAC 33:III.5112, Table 51.1, and do not exceed any hazardous air pollutant de minimis rate established pursuant to Section 112(g) of the federal Clean Air Act; |
| AQ222 §501.B.5.Table 1.A.4;LAd51;LA048.07E;AQ222;LR28:0997(5/20/2002) A.4. emissions of any inorganic air pollutant that is not a regulated air pollutant as defined under LAC 33:III.502, provided that the aggregate emissions from all such pollutants listed as insignificant do not exceed 5 tons per year; |
| AQ222 §501.B.5.Table 1.A.5;LAd51;LA048.07E;AQ222;LR28:0997(5/20/2002) A.5. external combustion equipment with a design rate less than 1 million Btu per hour; |
| AQ315 §501.B.5.Table 1.A.6;LAd51;LA048.12J;AQ315;LR37:1145(4/20/2011) A.6. emissions from laboratory equipment/vents used exclusively for routine chemical or physical analysis for quality control or environmental monitoring purposes, provided that the aggregate emissions from all such equipment vents considered insignificant do not exceed 5 tons per year of criteria or toxic air pollutants, do not exceed any minimum emission rate listed in LAC 33:III.5112, Table 51.1, and do not exceed any hazardous air pollutant de minimis rate established in accordance with Section 112(g) of the federal Clean Air Act; |
| AQ222 §501.B.5.Table 1.A.7;LAd51;LA048.07E;AQ222;LR28:0997(5/20/2002) A.7. noncommercial water washing operations of empty drums less than or equal to 55 gallons with less than 3 percent of the maximum container volume of material; |
| AQ315 §501.B.5.Table 1.A.8;LAd51;LA048.12J;AQ315;LR37:1145(4/20/2011) A.8. portable fuel tanks used on a temporary basis in maintenance and construction activities, provided that the aggregate criteria or toxic air pollutant emissions from all such tanks listed as insignificant do not exceed 5 tons per year; |
| AQ315 §501.B.5.Table 1.A.9;LAd51;LA048.12J;AQ315;LR37:1145(4/20/2011) A.9. emissions from process stream or process vent analyzers, provided that the aggregate emissions from all such analyzers listed as insignificant do not exceed 5 tons per year of criteria or toxic air pollutants, do not exceed any minimum emission rate listed in LAC 33:III.5112, Table 51.1, and do not exceed any hazardous air pollutant de minimis rate established in accordance with Section 112(g) of the federal Clean Air Act; |
| AQ315 §501.B.5.Table 1.A.10;LAd51;LA048.12J;AQ315;LR37:1145(4/20/2011) A.10. storage tanks containing, exclusively, soaps, detergents, surfactants, waxes, glycerin, vegetable oils, greases, animal fats, sweetener, molasses, corn syrup, aqueous salt solutions, or aqueous caustic solutions, provided an organic solvent has not been mixed with such materials, the tanks are not subject to 40 CFR 60, Subpart Kb or other federal regulation, and the aggregate emissions from all such tanks listed as insignificant do not exceed 5 tons per year of criteria or toxic air pollutants, do not exceed any minimum emission rate listed in LAC 33:III.5112, Table 51.1, and do not exceed any hazardous air pollutant de minimis rate established in accordance with Section 112(g) of the federal Clean Air Act; |
| AQ315 §501.B.5.Table 1.A.11;LAd51;LA048.12J;AQ315;LR37:1145(4/20/2011) A.11. catalyst charging operations, provided that the aggregate emissions from all such operations listed as insignificant do not exceed 5 tons per year of criteria or toxic air pollutants, do not exceed any minimum emission rate listed in LAC 33:III.5112, Table 51.1, and do not exceed any hazardous air pollutant de minimis rate established in accordance with Section 112(g) of the federal Clean Air Act; and |
| AQ315 §501.B.5.Table 1.A.12;LAd51;LA048.12J;AQ315;LR37:1145(4/20/2011) A.12. portable cooling towers used on a temporary basis in maintenance activities, provided the aggregate emissions from all such cooling towers listed as insignificant do not exceed 5 tons per year of criteria or toxic air pollutants, do not exceed any minimum emission rate listed in LAC 33:III.5112, Table 51.1, and do not exceed any hazardous air pollutant de minimis rate established in accordance with Section 112(g) of the federal Clean Air Act. |
| Table 1.B. Based on Activity The following activities need not be included in a permit application: |
| B.1. activities which occur strictly for maintenance of grounds or buildings, including: lawn care, weed control, pest control, grinding, cutting, welding, woodworking, general repairs, janitorial activities, steam cleaning, and water washing activities; |
| B.2. surface-coating of equipment during miscellaneous maintenance and construction activities, including spray painting, roll-coating and painting with aerosol spray cans, provided no paint or coating exceeds a maximum 3.5 lb/gal organic toxic air pollutant listed in LAC 33:III.5112, Table 51.1 or 51.3, and no paint or coating exceeds any limitations listed in LAC 33:III.2123. This activity specifically does not include any facility whose primary business activity is surface-coating or includes surface-coating of products; |
| B.3. miscellaneous equipment maintenance or construction unless otherwise regulated by state or federal regulation, which may include, but is not limited to, such activities as: welding, steam cleaning, equipment used for hydraulic or hydrostatic testing, miscellaneous solvent use 1, miscellaneous sandblasting, sweeping, nonasbestos insulation removal, acid washing, caustic washing, water blasting, application of refractory and insulation, brazing, soldering, the use of adhesives, grinding, and cutting; |
| AQ317 §501.B.5.Table 1.B.4;LAd51;LA048.12J;AQ317;LR37:1391(5/20/2011) B.4. vehicle refueling emissions from cars, trucks, forklifts, courier vehicles, front-loaders, graders, cranes, carts, maintenance trucks, locomotives, helicopters, marine vessels, and other self-propelled on-road and nonroad mobile sources. This exemption does not cover loading racks or fueling operations covered by LAC 33:III.Chapter 21; |
| B.5. office activities such as photocopying, blueprint copying, and photographic processes; |
| B.6. site assessment work to characterize waste disposal or remediation sites; |
| B.7. operation of groundwater remediation wells, including emissions from the pumps and collection activities. This does not include emissions from air-stripping or storage; |
| B.8. emissions from storage or use of water-treating chemicals, except for toxic air pollutants as listed in LAC 33:III.5112, Table 51.1 or 51.3, or pollutants listed under regulations promulgated pursuant to Section 112(r) of the federal Clean Air Act, for use in cooling towers, drinking water systems, and boilerwater/feedwater systems; |
| B.9. miscellaneous additions or upgrades of instrumentation or control systems; |
| B.10. emissions from food preparation at restaurants, cafeterias, and facilities where food is consumed on-site; |
| B.11. emissions from air contaminant detectors, air contaminant recorders, combustion controllers, or combustion shutoff devices; |
| B.12. buildings, cabinets, and facilities used for storage of chemicals in closed containers, unless subject to any federally applicable requirement as defined under LAC 33:III.503 or any requirement under LAC 33:III; |
| B.13. use of products for the purpose of maintaining motor vehicles operated by the facility, not including air conditioning units of such vehicles (i.e., antifreeze, fuel additives); |
| B.14. reserved; |
| B.15. stacks or vents to prevent escape of sanitary sewer gases through plumbing traps; |
| B.16. emissions from equipment lubricating systems (i.e., oil mist) not to include storage tanks unless exempt elsewhere in this Section; |
| B.17. air conditioning or comfort ventilation systems not regulated under Title VI of the federal Clean Air Act; |
| B.18. residential wood heaters, cookstoves, or fireplaces; |
| B.19. recreational fireplaces; |
| B.20. log wetting areas; |
| B.21. log flumes; |
| B.22. instrument air systems, excluding fuel-fired compressors; |
| B.23. paved parking lots; |
| B.24. air vents from air compressors; |
| B.25. periodic use of air for cleanup; |
| B.26. solid waste dumpsters; |
| B.27. emissions of wet lime mud from lime mud mix tanks, lime mud washers, lime mud piles, lime mud filter and filtrate tanks, and lime mud slurry tanks; |
| B.28. emissions from pneumatic starters on reciprocating engines, turbines, or other equipment; |
| B.29. emissions from natural gas odoring activities unless the permitting authority determines that a nuisance may occur; |
| B.30. emissions from engine crackcase vents; |
| B.31. storage tanks used for the temporary containment of materials resulting from an emergency response to an unanticipated release of pulping liquor; |
| AQ244 §501.B.5.Table 1.B.32;LAd51;LA048.08F;AQ244;LR31:1063(5/20/2005) B.32. generators, boilers, or other fuel burning equipment that is of equal or smaller capacity than the primary operating unit, that cannot be used in conjunction with the primary operating unit [except for short durations when shutting down the primary operating unit (maximum of 24 hours) and when starting up the primary operating unit until it reaches steady-state operation (maximum of 72 hours)], and that does not increase emissions of or the potential to emit any regulated air pollutant; |
| B.33. equipment used exclusively to mill or grind coatings in roll grinding and rebuild and molding compounds where all materials charged are in paste form; |
| B.34. mixers, blenders, roll mills, or calendars for rubber or plastics for which no materials in powder form are added and in which no organic solvents, diluents, or thinners are used; |
| B.35. the storage handling and handling equipment for bark and wood residues not subject to fugitive dispersion offsite; |
| B.36. reserved; |
| B.37. maintenance dredging of pulp and paper mill surface impoundments and ditches containing cellulosic and cellulosic derived biosolids and inorganic materials such as lime, ash, or sand; |
| B.38. liquid and gas sampling systems for routine pulp and paper process control instrument calibration and regulatory information. For example, pulping liquor concentration, black liquor solids, whitewater chemistry; |
| AQ222 §501.B.5.Table 1.B.39;LAd51;LA048.07E;AQ222;LR28:0997(5/20/2002) B.39. tall oil soap storage, skimming, and loading; |
| AQ222 §501.B.5.Table 1.B.40;LAd51;LA048.07E;AQ222;LR28:0997(5/20/2002) B.40. emissions from caustic storage tanks that contain no VOC; |
| AQ222 §501.B.5.Table 1.B.41;LAd51;LA048.07E;AQ222;LR28:0997(5/20/2002) B.41. emissions from fire fighting training conducted in accordance with LAC 33:III.1109.D.7; |
| AQ222 §501.B.5.Table 1.B.42;LAd51;LA048.07E;AQ222;LR28:0997(5/20/2002) B.42. emissions from oil and gas well and pipeline as defined in accordance with LAC 33:III.502; |
| AQ222 §501.B.5.Table 1.B.43;LAd51;LA048.07E;AQ222;LR28:0997(5/20/2002) B.43. produced water treatment units (e.g., Wemco units) on crude oil and natural gas production platforms in state waters of the Gulf of Mexico that discharge produced water in accordance with an LPDES permit. These units are the final step in water treatment prior to water discharge under the LPDES permit; |
| AQ222 §501.B.5.Table 1.B.44;LAd51;LA048.07E;AQ222;LR28:0997(5/20/2002) B.44. portable diesel fuel storage tanks used on a temporary basis in maintenance and construction activities; |
| AQ222 §501.B.5.Table 1.B.45;LAd51;LA048.07E;AQ222;LR28:0997(5/20/2002) B.45. emergency electrical power generators used only during power outages at sites not otherwise required to have a permit under LAC 33:III.Chapter 5 and operated no more than 500 hours per year; and |
| AQ222 §501.B.5.Table 1.B.46;LAd51;LA048.07E;AQ222;LR28:0997(5/20/2002) B.46. reserved. |
| Table 1.C. Based on Type of Pollutant Emissions of the following pollutants need not be included in a permit application: |
| C.1. water vapor; |
| C.2. oxygen; |
| AQ315 §501.B.5.Table 1.C.3;LAd51;LA048.12J;AQ315;LR37:1145(4/20/2011) C.3. nitrogen; and |
| AQ315 §501.B.5.Table 1.C.4;LAd51;LA048.12J;AQ315;LR37:1145(4/20/2011) C.4. hydrogen. |
| AQ315 §501.B.5.Table 1.D. to D.d; LAd51;LA048.12J;AQ315;LR37:1145(4/20/2011) Table 1.D. Exemptions Based on Emissions Levels The owner or operator of any source may apply for an exemption from the permitting requirements of this Chapter for any emissions unit provided each of the following criteria are met. Activities or emissions units exempt as insignificant based on these criteria shall be included in the permit at the next renewal or permit modification, as appropriate. a. The emissions unit emits and has the potential to emit no more than 5 tons per year of any criteria or toxic air pollutant. b. The emissions unit emits and has the potential to emit less than the minimum emission rate listed in LAC 33:III.5112, Table 51.1, for each Louisiana toxic air pollutant. c. The emissions unit emits and has the potential to emit less than the de minimis rate established pursuant to Section 112(g) of the federal Clean Air Act for each hazardous air pollutant. d. No new federally enforceable limitations or permit conditions are necessary to ensure compliance with any applicable requirement. |
1State or federal regulations may apply.
End B.5. Insignificant Activities List
Section 501, B. Exemptions and Special Provisions (continue)
B.6. Grandfathered Status. Those facilities which were under actual construction or operation as of June 19, 1969, and granted grandfathered status by DEQ may maintain such grandfathered status, provided a current and accurate Emissions Inventory Questionnaire is maintained on file with the permitting authority and provided the owner or operator of such facility is not required or requested to submit a permit application in accordance with this Paragraph. Grandfathered status shall be maintained until final action is taken by the permitting authority on the permit application, provided such application is submitted in a timely manner. A permit application shall be submitted in accordance with LAC 33:III.517.A if any of the following criteria are met or will be met by a planned change at the facility:
a. the facility is a major source of Louisiana toxic air pollutants, as defined in LAC 33:III.Chapter 51;
b. the facility is a Part 70 source, as defined in LAC 33:III.502;
c. ownership of the facility has changed since grandfathered status was granted;
d. emissions have been initiated or increased at the facility, since the time grandfathered status was granted, as a result of new construction, modification, change of process or raw materials, or change of operating schedule; or
e. the facility is otherwise required to obtain a permit based upon a determination by the permitting authority.
AQ102 §501.B.7;LAd51;LA048.04B;AQ102;LR20:1375(12/20/1994)
B.7. Research and Development Facilities. The permitting authority may allow a research and development facility to be considered as a separate source with regard to the requirements of this Chapter, provided that the facility has a different two-digit Standard Industrial Classification (SIC) code from, and is not a support facility of, the source with which it is co-located.
C. Scope
MM002 §501.C.1;LAd51;LA048.10H;MM002;LR33:2082(10/20/2007)
C.1. For each source to which this Chapter applies, the owner or operator shall submit a timely and complete permit application to the Office of Environmental Services as required in accordance with the procedures delineated herein. Permit applications shall be submitted prior to construction, reconstruction, or modification unless otherwise provided in this Chapter.
C.2. No construction, modification, or operation of a facility which ultimately may result in an initiation increase in emission of air contaminants as defined in LAC 33:III.111 shall commence until the permit application has been approved, an appropriate permit fee paid (in accordance with LAC 33:III.Chapter 65 [now Chapter 2]) and a permit (certificate of approval) has been issued by the permitting authority.
C.3. Notwithstanding Subsection C.2 of this Section, prior to issuance or revision of a permit, the permitting authority may issue authorization to construct to an owner or operator in appropriate circumstances where there is a positive human health or environmental benefit, provided such an authorization is not precluded by any federally applicable requirement or by 40 CFR Part 70.
C.4. The owner or operator of each source to which this Chapter applies shall have a general duty to operate under a permit, unless an exemption to the source applies or has been granted in accordance with this Chapter. The source shall be operated in accordance with all terms and conditions of the permit. Noncompliance with any term or condition of the permit shall constitute a violation of this Chapter and shall be grounds for enforcement action, for permit revision or termination, or for denial of a permit renewal application.
C.5. The owner or operator of each source to which this Chapter applies shall comply with any federally applicable requirement, as defined in LAC 33:III.502, established under the federal Clean Air Act as amended or promulgated by the administrator pursuant to the federal Clean Air Act as amended.
C.6. The permitting authority shall incorporate into each permit sufficient terms and conditions to ensure compliance with all state and federally applicable air quality requirements and standards at the source and such other terms and conditions as determined by the permitting authority to be reasonable and necessary. It is the intent of this regulation that suitable controls be applied to new installations and relocations and in cases where modifications are to be made or where significant changes in emissions are anticipated.
C.7. The terms and conditions of the permit shall be enforceable by the administrative authority and may be utilized to implement and enforce all requirements and standards incorporated therein. Any terms and conditions of the permit issued pursuant to the State Implementation Plan or to LAC 33:III.507 are enforceable by the administrator unless specifically designated in the permit as not being federally enforceable.
C.8. Each permit issued shall fulfill the requirements to obtain both a preconstruction and an operating permit in accordance with state and federal air quality programs. Permit issuance, amendments, revisions, and renewals shall be issued in accordance with the procedures established in this Chapter.
C.9. When a single site includes more than one process, a single permit may be issued to include all processes at the site. Conversely, multiple permits may be issued each of which may address one or more processes at the site.
C.10. NOT IN SIP – EPA has never acted on this paragraph
AQ240 §501.C.11;LAd51;LA048.09G;AQ240;LR32:1842(10/20/2006)
C.11. Emissions shall be calculated in accordance with LAC 33:1II.919.C.
AQ240 §501.C.12;LAd51;LA048.09G;AQ240;LR32:1842(10/20/2006)
C.12. Emissions estimation methods set forth in the Compilation of Air Pollution Emission Factors (AP-42) and other department-accepted estimation methods may be promulgated or revised. As a result of new or revised AP-42 emission factors for sources or source categories and/or department-accepted estimation methods, changes in calculated emissions may occur. Changes in reported emission levels as required by LAC 33 :III.919.B.2.a due solely to revised AP-42 emission factors or department-accepted estimation methods do not constitute violations of the air permit; however, the department may evaluate changes in emissions on a case-by-case basis, including but not limited to, assessing compliance with other applicable Louisiana air quality regulations.
AQ240 §501.C.13;LAd51;LA048.09G;AQ240;LR32:1842(10/20/2006)
C.13. If the emission factors or estimation methods for any source or source category used in preparing the Annual Emission Statement required by LAC 33:III.918 and 919 differ from the emission factors or estimation methods used in the current air permit such that resulting "calculated" emissions reflect a change as defined in LAC33:III.919.B.2.a, notification of the use of updated emission factors or estimation methods shall be included in the Title V Annual Certification, as specified in the affected permit. The notification shall include the old and new emission factor or estimation method reference source and the date, volume, and edition (if applicable); the raw data for the reporting year used for that source category calculation; and applicable emission point and permit numbers that are impacted by such change. The notification shall include any other explanation, as well as the facility's intended time frame to reconcile the emission limits in the applicable permit. The department reserves the right to reopen a permit pursuant to LAC 33:III.529.
AQ314ft §501.C.14;LAd50;LA037.03;AQ314ft;LR37:1148(04/20/2011)
EDITOR’S NOTE: Paragraph C.14 below is as adopted in the Louisiana Register April 20, 2011 (LR 37:1148)(AQ314ft) and submitted to EPA December 21, 2011. Approved by EPA July 18, 2016 (81 FR 46606) effective August 17, 2016 (LAd50) Regulations.gov document EPA-R06-OAR-2012-0022-0003 [LA037.03]. Error in Louisiana Register April 20, 2011 (LR 34:1148) and resultant error in bookmarks in Regulations.gov document EPA-R06-OAR-2012-0022-0003 [LA037.03] -- the title of §501 should be "Scope and Applicability", not "Definitions." END EDITOR’S NOTE
C.14. If there is a change in federal law or the United States Court of Appeals for the District of Columbia Circuit or the United States Supreme Court issues an order which limits or renders ineffective the regulation of greenhouse gases from stationary sources under Part C of Title I (Prevention of Significant Deterioration of Air Quality) or Title V (Permits) of the Clean Air Act, the regulation of greenhouse gases under the corresponding programs in this Chapter shall be limited or rendered ineffective to the same extent.
***End Louisiana Ch. 5 Section 501 - Scope and Applicability, and Table 1, Insignificant Activities List, SIP effective September 6, 2016 (LAd51)***