Louisiana SIP: LAC 33:III Ch. 5 Section 505 - For Emissions Below PSD de minimus Levels, SIP effective 05/08/1989 (LAc49) and 05/05/1992 (LAc58)

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

Chapter 5. Permit Procedures

Section 505. For Emissions Below PSD de minimus Levels
Approved by EPA 03/08/89 (54 FR 09795) at 52.970(c)(49) effective 05/08/89. Correction by EPA published 03/06/92 (57 FR 08076) at 52.970(c)(58) SIP effective 05/05/92 which approves Section 6.6 in old regulations which is 505.I in recodified regulations.

   A.  Requirements for Pre-construction Permit

      1.  Any person planning to initiate, or increase the emission of air contaminants as defined in LAC 33:III.111 of these rules and regulations, which emission was not being conducted on or prior to the effective date of this regulation, shall, before beginning construction or modification or operation of any facility which ultimately may result in such emissions, advise the administrative authority in writing concerning his intentions, and shall supply to the administrative authority a permit request (report) describing what is proposed and the steps which will be taken to protect the air of the state against new pollution or an increase in existing air pollution, such report to include plans, specifications, and any other information the administrative authority deems necessary to make a determination under LAC 33:III.505.D.  Said report shall be prepared in accordance with the general rules, which follow, for submission of industrial waste reports, and no construction or modification or operation of a facility which ultimately may result in emission of air contaminants as defined in LAC 33:III.111 shall be started until the report has been approved, an appropriate permit fee paid (as listed in LAC 33:III.6523), and a certificate of approval (permit) for the work has been received from the administrative authority.  All conditions under which such certificate of approval is granted, which are considered by the administrative authority to be reasonable and necessary, shall be included in the certificate of approval.  It is the intent of this regulation that suitable controls be applied to new installations and relocations and/or in cases where modifications are to be made or where significant changes in emissions are anticipated. This regulation does not apply to emergency operations, however, the administrative authority should be advised of such occurrences without delay.

       2.  Any person owning or operating a source of air contaminants shall comply with any applicable New Source Performance Standard (NSPS) requirements promulgated by the U.S. Environmental Protection Agency (EPA) pursuant to Section 111 of the Federal Clean Air Act as amended.

       3.  When and if the department or staff detects construction or operation prior to issuance of a permit or variance authorizing such, the owner shall be advised to stop all construction or operation immediately.

       4.  If construction or operation stops promptly and does not resume, the staff will begin or resume review of permit applications for administrative authority action.  The administrative authority may:

          a.  Accept the owner's explanation of circumstances, or order a formal compliant on the regulation violation.

          b.  Act on, or defer action on, permit application, if pending.

       5.  If construction or operation continues after conference, conciliation, and persuasion efforts of the staff to obtain immediate cessation, all staff work on processing permit requests shall cease until the formal compliant issue is resolved to the satisfaction of the administrative authority.  The administrative authority will thus:  (1) automatically defer permit issuance, or (2) prepare promptly for injunctive action and/or penalties as specified in LA R. S. 30:1073.

   B.  Provisions for Exemptions and Certification of Approval

       1.  The administrative authority may exempt certain facilities or types of facilities from the requirements of LAC 33:III.505, provided upon investigation it is found that the facility or type of facility will not make a significant contribution of air contaminants to the atmosphere.  The facility or type of facility will be included on a permit exempt list and shall not have to obtain a permit or pay a permit fee.

       2.  The administrative authority may also issue certificates of approval under LAC 33:III.505 if it is found upon investigation that such facilities or types of facilities will not make a significant contribution of air contaminants to the atmosphere.


   C.  Permits for Storage Tanks May be Granted by the Administrative Authority

        From the effective date of this regulation, facilities complying with LAC 33:III.2103 and 2105 (storage of volatile organic compounds) of these regulations will be granted permits by the administrative authority provided the submittal contains, at  the minimum, the data required in LAC 33:III.505.H of these regulations.  The exemptions specified in LAC 33:III.2117 herein (exempt compounds) are applicable to this subsection.


   D.  Department Has the Power to Prohibit Construction.  In those cases where the administrative authority has, after proper investigation, determined that any proposed new emission source will prevent attainment or maintenance of state or national ambient air standards or violate applicable portions of the control strategy, the administrative authority shall have the power to prevent construction, modification or operation of such a new or  modified emission point source.  Approval by the administrative authority of any construction or modification or operation does not relieve the owner or operator of responsibility to comply with regulations which are par of the applicable plan.


   E.  Notification of Change of Ownership Required. Notification of any change in ownership must be given to the department.  The Administrative authority is authorized to amend the permit to reflect such changes.  Failure to disclose such changes of ownership within 90 days after the event will be ground for invalidation of the permit.


   F.  Multiple Process Permit

      1.  When a single site includes more than one process, a single permit may be issued to include all processes at the site.  For uniformity, such applications shall separately identify each process.

      2.  When a single industrial process (included in a multi-source permit) is subject to permit modification, revocation, suspension, or denial, such action by the department or administrative authority shall only affect that individual source without affecting other processes subject to the permit.


   G.  Professional Engineer Required.  The information submitted in compliance with this regulation shall be prepared by or under the supervision of a person properly qualified to perform engineering work as provided in the Louisiana Professional Engineers and Land Surveyors Registration Act.  The report containing the required information shall be submitted to the department and shall be approved by a professional engineer as defined in the above named Act or by a responsible official authorized to act for the person on whose behalf the report is submitted.  Said report should be submitted as far in advance of the date approval is desired as possible.


   H.  Permit Request (report) Contents.  To comply with these regulations, the report or permit request concerning the contemplated actions enumerated shall include the following:

      1.  Description of proposed action.  A brief statement describing the action which is proposed.

      2.  Location Map.  A statement giving the location of the industrial plant or manufacturing establishment or a map showing such location.

      3.  Data on Emission Source Required.  A statement giving the location of sources of emission of air contaminants as defined in LAC 33:III.111, the size of the outlets of such sources, the rate and temperature of the emission from such sources and the composition and description of air contaminants being emitted from said sources. Fugitive emissions shall be determined from test results or best available technical data.

      4.  Indicate Abatement Methods Utilized.  A statement giving a description of the air pollution abatement measures which will be utilized, and if no facilities within the definition of this term are contemplated, the steps which will be taken to prevent the emission of sufficient quantities of pollutants to result in undesirable levels.

      5.  State Effect on Air Quality.  An estimate of the extent to which the emissions from the proposed facilities will alter or affect the quality of the air in Louisiana.  This estimate should , considering new and existing emission sources, predict the cumulative maximum worst case ground level concentration of each pollutant involved.  If said maximum occurs within plant site boundaries, cumulative maximum property line values should also be determined.

      6.  Administrative Authority can Require Detailed Ambient Air Analysis.  At the discretion of the administrative authority, a more detailed ambient analysis may be requested.  The analysis will involve predicting maximum ambient air concentrations using emissions from all sources within an area defined by the administrative authority.  Emission data will be made available by the department.

      7.  Other Pertinent Data.  Such other pertinent data as may be necessary for a good understanding of the proposal which is being made.

      8.  LAER Required in Non-attainment Areas, Certification of Other Major Source Compliance Required.  All proposed new or modified major stationary sources as per Section 173 of the Federal Clean Air Act as amended August 1977 in an area which has been designated as "nonattainment" by the Environmental Protection Agency must comply with the Lowest Achievable Emission Rate (LAER) as defined by Section 171 of the federal Clean Air Act as amended August 1977.  In addition, the owner or operator of each proposed new or modified source must demonstrate that all major stationary sources owned or operated by such person (or by any entity controlling , controlled by, or under common control with such person) in Louisiana is in compliance with all emission limits and standards under the Federal Clean Air Act or is on a schedule of actions, officially adopted by the administrative authority, to achieve compliance.  Such demonstration of the latter shall be evidenced by the owner or operator furnishing the following certification:  All  existing major stationary sources owned and operated by the applicant in Louisiana, which are subject to a final court judgement or final EPA order or final administrative authority enforcement action entered as a result of the alleged noncompliance of such sources with an emission limitation or standard under the Clean Air Act, are not in compliance with all such judgements or orders including, without limitation, any approved compliance schedules which are federally enforceable contain therein.  This certification is based upon reasonable inquiry of those employees of applicant who have operational responsibility for compliance with such emission limitations and standards.  If the owner or operator is not able to make affirmations, specified above, a permit cannot be issued.


NOTE TO READER:  Section 505(I) below was approved by EPA on March 6, 1992 (57 FR 8075) at 40 CFR 52.970(c)(58).  This pre-1987 recodification submittal was adopted by the Louisiana Environmental Control Commission on February 26, 1981, as Section 6.6 of the Louisiana Air Quality Control Regulations.  The old term "Commission" has been replaced with "administrative authority" to make it consistent with rest of the regulations.  END NOTE TO READER

   I.  Public Comment.  No permit for new sources or modifications shall be acted upon by the administrative authority unless:

      1.  The information submitted by the owner or operator and the analysis made by the administrative authority staff of the effect on air quality is available for public inspection in at least one location in the Air Quality Control Region (AQCR) affected.

      2.  A thirty-day period exists for submittal of public comment.

      3.  A notice by prominent advertisement in the AQCR affected indicating the location of the information described in 1. above is published.

      4.  A copy of the notice, required in 3., shall be sent to the U.S. Environmental Protection Agency via Region VI.


   J.  Variances for Site Preparation -- NOT IN SIP.  See 40 CFR 52.970(c)(49).

   K.  Relocation of Portable Facilities

      1.  The administrative authority may issue, on behalf of the department, certificate of approval to relocate an asphalt plant or other transportable facility that is presently operating under a certificate of approval from the department.  Prior to issuance of any such certificate, the administrative authority shall receive adequate assurance form the petitioner that the following conditions are met:

          a.  Compliance with all other regulations and zoning criteria at the new location

          b.  The continued use of all pollution abatement devices and measures at the new location

          c.  The continued use of fuel of the same sulfur content or less than that referenced on the approved permit
          d.  Dispersion of emissions from the relocated source will not cause a violation of ambient air standards at the new location.

      2.  In addition, a plot plan should be supplied to affirm that the distances to the property line at the new location are approximately equal to those reported on the approved permit application.  This will be used to confirm that the dispersion estimate previously supplied is still valid.

      3.  Upon review and acceptance of the aforementioned data, the department will notify the owner or operator concerning acceptability of the relocation.


   L.  Temporary Exemption for Testing--NOT IN SIP.  See 40 CFR 52.970(c)(49).


   M.  Confidential Information

      1.  Disclosure of Classified or Confidential Information Not Required.  Nothing herein contained, however, shall require the owner of any industrial or municipal establishment to disclose any classified data of the federal government or any confidential information relating to proprietary process or economics of operation; however, emission data is not covered by this exception.

      2.  Non-disclosure Must be Requested.  All information obtained under the Louisiana Environmental Affairs Act (the Act) La. R.S. 30:1051 et seq., or by these regulations; or by any order, license or permit term or condition adopted or issued under the Act or these regulations; or by any investigation authorized thereby, shall be available to the public, unless non-disclosure is requested and granted in accordance with La. R.S. 30:1076; provided, however, that claims of confidentiality for air emission data will be denied.

      3.  Non-disclosure Shall Not Apply to Necessary Use by the Department:  In the event a request for non-disclosure is granted, such non-disclosure shall not apply to the necessary use of the information by duly authorized officers or employees of state or federal government in carrying out their responsibilities under the act or applicable federal law.  Any officer or employee of the state or federal government who seeks access to such information must be duly authorized by the administrative authority.  The administrative authority shall make his determination to grant such authorization based on a written request by such person which shall specify the requestor's name, affiliation, and the need for access to the information based on the act or applicable federal law.

      4.  Basis for Non-disclosure Must be Specified.  A facility may submit a written request for non-disclosure which shall specify the basis for requesting non-disclosure as provided in La. R.S. 30:1076.  All materials clearly labeled "CONFIDENTIAL" which are submitted to the administrative authority with a written request for non-disclosure, shall, subject to LAC 33:III.505.M.3., be afforded confidentiality.

      5.  Provision for Denial.  If the administrative authority determines that any material received pursuant to LAC 33:III.505.M.4 should not be afforded confidentiality, the office shall issue a written denial of the request for non-disclosure to the requestor.

      6.  Non-confidential Material to be Segregated. Information determined to be confidential by the administrative authority shall be segregated from any information determined to be non-confidential; provided, in cases where confidential information cannot be reasonably extracted or separated from non-confidential information, and when the information does not include air emission data, the whole document shall be confidential.  Confidential information shall be maintained in a locked file separate from non-confidential information.  The file shall be labelled "CONFIDENTIAL", with access appropriately controlled.

      7.  Persons Who Must Sign Access Log.  Whenever a person authorized under LAC 33:III.505.M.3 gains access to a confidential file, he shall sign an access log which indicates his understanding of the confidential status and his responsibility to protect the information from being disclosed to the public.  The person will also indicate in the access log which file was removed, the date and time the file was removed, the affiliation of the person if not with the administrative authority, and the time and date the file was returned.

      8.  Department representative must be present while confidential file is reviewed.  Except for members of the Air Quality Division staff, authorized persons shall review a confidential file in the presence of an Air Quality Division staff member.  Confidential information shall be removed form the file no longer than is strictly necessary.  A maximum of one duplication  or copy of any confidential information will be allowed.

      9.  Confidential Information to be Returned When No Longer Needed.  The administrative authority shall remove confidential information from its files and return it to the provider when such information is no longer necessary or required for the purposes of the act, these regulations, any order, or under the terms and conditions of any license or permit.

   AUTHORITY NOTE:  Promulgated in accordance with R.S. 30:1084.
   HISTORICAL NOTE:  Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division in LR 13:741 (December 1987).