Louisiana SIP: LAC 33:III Ch 919. Emission Inventory; SIP effective 2011-08-04 (LAd34) and 2016-02-29 (LAd47) to 2017-09-27
Regulatory Text:
Louisiana Administrative Code, Title 33 ENVIRONMENTAL QUALITY, Part III Air (LAC 33:III)
Chapter 9. General Regulation on Control of Emissions and Emission Standards
Section 919. Emissions Inventory
As adopted in the Louisiana Register December 20, 2003 (AQ220), October 20, 2005 (OS065), and February 20, 2006 (AQ255).
Approved by EPA July 5, 2011 (76 FR 38977) effective August 4, 2011 (LAd34) LA021.
Regulations.gov docket EPA-R06-OAR-2007-0924
Although not specifically listed in the July 5, 2011 Federal Register amendatory language (see page 76 FR 38981), this
compilation assumes that the following paragraphs of Section 919 were approved by EPA: paragraphs 919.A.1.a to 919.A.1.d;
and 919.A.2.a to 919.A.5 adopted in the Louisiana Register on December 20, 2003 (LR 29: 2776) (AQ220); and paragraph 919.A
adopted in the Louisiana Register October 20, 2005 (LR 31:2438)(OS065). If anyone disagrees with this assumption,
contact Bill Deese, EPA Region 6, [email protected]
With revisions to §919 introductory paragraph and paragraph A introductory paragraph approved by EPA January 28, 2016 (81 FR 04891)
effective February 29, 2016 (LAd47), Regulations.gov docket EPA-R06-OAR-2012-0434 [LA039].
Unless otherwise indicated, paragraphs are as previously approved by EPA January 6, 1995 (60 FR 02014)effective February 6, 1995)(LAc65)
§919 introductory paragraph and paragraph A introductory paragraph, SIP effective to February 28, 2016.
AQ255 §919.Introductory paragraph; LAd34;LA021.12;AQ255;LR32:241(2/20/2006)
Emissions inventory data shall be submitted to the
department on magnetic media in the format specified by the
Office of Environmental Assessment, Air Quality
Assessment Division. Facilities are defined as all emissions
points under common control on contiguous property.
Emissions point is defined as the source of emissions that
should have a Source Classification Code (SCC). Detailed
instructions are provided, on an annual basis, for completing
and submitting emissions inventories. The state point source
emissions inventory will be compiled from the emissions
inventories submitted in accordance with this Section from
the facilities that meet the criteria for applicability in
Subsection A of this Section. The state area source, non-road
and on-road mobile source, and biogenic emissions
inventories are compiled by the department from data that
may be requested from other federal, state, or local agencies
or other private entities.
OS065 §919.A;LAd34;LA021.11;OS065;LR31:2438(10/20/2005)
A. Applicability. The owner or operator of the following
facilities shall submit annual emissions inventories to the
Office of Environmental Assessment, Air Quality
Assessment Division. The inventory shall include all air
pollutants for which a National Ambient Air Quality
Standard (NAAQS) has been issued and all NAAQS
precursor pollutants.
§919 introductory paragraph and paragraph A introductory paragraph, as submitted to EPA August 14, 2009 [LA039.03]
and resubmitted to EPA October 2015 [LA039.05], MM002 LR 33:2084 (October 20, 2007).
Approved by EPA January 28, 2016 (81 FR 04891) effective February 29, 2016 (LAd47),
Regulations.gov docket EPA-R06-OAR-2012-0434 [LA039].
Emissions inventory data shall be submitted to the
department on magnetic media in the format specified by the
Office of Environmental Assessment. Facilities are defined
as all emissions points under common control on contiguous
property. Emissions point is defined as the source of
emissions that should have a Source Classification Code
(SCC). Detailed instructions are provided, on an annual
basis, for completing and submitting emissions inventories.
The state point source emissions inventory will be compiled
from the emissions inventories submitted in accordance with
this Section from the facilities that meet the criteria for
applicability in Subsection A of this Section. The state area
source, non-road and on-road mobile source, and biogenic
emissions inventories are compiled by the department from
data that may be requested from other federal, state, or local
agencies or other private entities.
A. Applicability. The owner or operator of the following
facilities shall submit annual emissions inventories to the
Office of Environmental Assessment. The inventory shall
include all air pollutants for which a National Ambient Air
Quality Standard (NAAQS) has been issued and all NAAQS
precursor pollutants.
AQ255 §919.A.1;LAd34;LA021.12;AQ255;LR32:241(2/20/2006)
1. Any facility located in the 8-hour ozone
nonattainment parish of Ascension, East Baton Rouge,
Iberville, Livingston, or West Baton Rouge is required to
report if the facility emits or has the potential to emit any
one or more of the following:
AQ220 §919.A.1.a to A.1.d; LAd34;LA021.08;AQ220;LR29:2776 (12/20/2003)
a. 10 tons per· year (TPY) of volatile organic
compounds (VOC);
b. 25 TPY of nitrogen oxides (NOx);
c. 100 TPY of carbon monoxide (CO), sulfur
dioxide (SO2), particulate matter of less than 10 microns
(PM10), or particulate matter of less than 2.5 microns (PM2.5); or
d. 5 TPY of lead (Pb).
AQ255 §919.A.2;LAd34;LA021.12;AQ255;LR32:241(2/20/2006)
2. Any facility located in the parish of Assumption,
East Feliciana, Iberia, Point Coupee, Saint Helena, Saint
James, Saint John the Baptist, Saint Martin, Tangipahoa, or
West Feliciana, (parishes that adjoin an 8-hour ozone
nonattainment parish) is required to report if the facility
emits or has the potential to emit anyone or more of the
following:
AQ220 §919.A.2.a to A.2.c;LAd34;LA021.08;AQ220;LR29:2777(12/20/2003)
a. 50 TPY of VOC;
b. 100 TPY of NOX, CO, SO2, PM10 , or PM2.5 ; or
c. 5 TPY of Pb.
AQ220 §919.A.3 to A.3.b;LAd34;LA021.08;AQ220;LR29:2777(12/20/2003)
3. Any facility located 10 an attainment parish is
required to report if the facility emits or has the potential to
emit anyone or more of the following:
a. 100 TPY of VOC, NOx CO, S02, PM10, or PM2.5; or
b. 5 TPY of Pb.
AQ220 §919.A.4;LAd34;LA021.08;AQ220;LR29:2777(12/20/2003)
4. Any facility in Louisiana defined as a major
stationary source of hazardous air pollutants in Section
112(a)(1) of the Federal Clean Air Act (FCAA) or of toxic
air pollutants in LAC 33:III.Chapter 51 is required to report.
AQ220 §919.A.5;LAd34;LA021.08;AQ220;LR29:2777(12/20/2003)
5. Any facility in Louisiana that has a 40 CFR Part 70
(Title V) Operating Permit is required to report, regardless of
emissions limits.
AQ255 §919.A.6;LAd34;LA021.12;AQ255;LR32:241(2/20/2006)
6. No facility classes or categories are exempted.
B. Types of Inventories
AQ255 §919.B.1;LAd34;LA021.12;AQ255;LR32:241(2/20/2006)
1. Annual Emissions Statement. Facilities as identified
in Subsection A of this Section, shall submit an original
Annual Emissions Statement (AES) and a duplicate for all
criteria pollutants for which a NAAQS has been issued and
for NAAQS precursor pollutants. Except as provided in
Subparagraph B.2.d of this Section, the AES shall consist
of an inventory of actual emissions and the allowable
(permitted) emissions limits of VOC, NOx, CO, SO2,
Pb, PM10, PM2.5, and ammonia, and an annual Certification
Statement in accordance with Subparagraph B.5.a of this
Section. The emissions inventory may be an initial emissions
inventory for facilities submitting their first emissions
inventory, or an annual emissions inventory update for
facilities that have previously submitted an emissions
inventory. Actual emissions shall be reported for all sources
of emissions at a facility, including fugitive emissions,
flash gas emissions, insignificant sources (as defined in LAC
33 III.501.B.5, Insignificant Activities List, A. Based on Size
of Emission Rate), and excess emissions occurring during
maintenance, start-ups, shutdowns, upsets, and downtime.
For purposes of this Section, the term actual emissions is the
calculation or estimate of the actual emissions of a pollutant,
in accordance with Subsection C of this Section, for the
calendar year or other period of time if requested by the
department. Excess emissions are defined as emissions
quantities greater than normal operations. Where there is an
enforceable document, such as a permit, that establishes
allowable levels, the AES shall include the allowable
emissions level as identified in the permit Maximum
Allowable Emissions Rate Table and the allowable tons per
year.
AQ220 §919.B.2 to B.2.d;LAd34;LA021.08;AQ220;LR29:2776(12/20/2003)
2. Statewide Annual Emissions Inventory Update.
After the initial submittal of an emissions inventory facilities
as identified in Subsection A of this Section shall comply
with the following requirements.
a. An update to the emissions inventory is required
if there is a significant change in the values currently in the
emissions reporting system for operating conditions
including start-ups, shutdowns, or process changes at
the source that results in an increase or reduction in annual
emissions of an individual pollutant: VOC, NOx, CO, SO2,
Pb, PM10, PM2.5 , or ammonia. VOCs that are also toxic air
pollutants shall be considered for the purpose of determining
significant change. A significant change is defined as the
lesser of the following:
i. a 5 percent increase or decrease in the total
potential or actual emissions from the facility;
ii. a 50 ton per year increase or decrease in the
total potential or actual emissions from the facility; or
iii. a 10 ton per year increase or decrease in the
potential or actual emissions from any single emissions point
(stack, vent, or fugitive).
b. An update to the emissions inventory is required
if there is a cessation of all production processes and
termination of operations at the facility.
c. An update to the minimum data submitted in
accordance with Paragraph B.5 of this Section is required
if there is any change.
d. Unless an update is required in accordance with
Subparagraph B.2.a, b, or c of this Section, then only the
Certification Statement is required for the annual submittal.
AQ220 §919.B.3;LAd34;LA021.08;AQ220;LR29:2776(12/20/2003)
3. Ozone Nonattainment Area Requirement. Facilities
in ozone nonattainment areas that meet the applicability in
Paragraph A.1 of this Section shall submit an annual
inventory. In addition to the minimum data requirements
of Paragraph B.5 of this Section, the inventory shall consist of
actual, annual emissions and typical weekday emissions that
occur during the three-month period of greatest or most
frequent ozone exceedances. Typical weekday emissions are
defined as an average daily emissions rate that is calculated
for each week of the three-month period of greatest or most
frequent ozone exceedances. The department will indicate
in the annual instructions which three-month period has the
greatest or most frequent ozone exceedances in each ozone
nonattainment area.
AQ220 §919.B.4;LAd34;LA021.08;AQ220;LR29:2776(12/20/2003)
4. Special Inventories. Upon request by the
administrative authority, any facility subject to any Rule of
the Environmental Quality regulations, LAC Title 33, shall
file additional emissions data with the department. The
request shall specify a reasonable time for response, which
shall not be less than 60 days from receipt of the request.
AQ220 §919.B.5 to B.5.g.v;LAd34;LA021.08;AQ220;LR29:2776(12/20/2003)
5. Minimum Data Requirements. The minimum data
requirements for the emissions inventory are listed below.
Operating and process rate information are provided for
information only, and do not constitute permit limits.
Submittal of a report of excess emissions above allowable
limits under this regulation does not pre-empt the need for
compliance with LAC 33:III.Chapter 5 that requires a permit
request to initiate or increase emissions, nor does it qualify
as a notice of excess emissions. Format and submittal
requirements will be published annually by the department.
Any new or modified data requirements will be included in
the annual requests for updates. Any substantive changes
will be established in accordance with the Administrative
Procedure Act. Except for the annual Certification
Statement, the minimum data requirements apply to initial
submittals only. Data requirements for updates require that
only those data elements that have changed be submitted.
a. Certification Statement. A Certification
Statement, required by Section 182(a)(3)(B) of the FCAA,
shall be signed by a responsible official as defined in LAC
33:III.502.A, or a person designated by the responsible
official, and shall accompany each emissions inventory to
attest that the information contained in the inventory is true
and accurate to the best knowledge of the certifying official.
The Certification Statement shall include the full name, title,
signature, date of signature, and telephone number of the
certifying official.
b. Facility Identification Information. The facility
identification information shall include:
i. full name, physical location, and mailing
address of facility;
ii. UTM horizontal and vertical coordinates; and
iii. SIC code(s).
c. Operating Information. The operating
information shall include:
i. percentage annual throughput by season. The
four seasons will represent one calendar year. The first
season, winter, will represent January, February, and
December of the reporting year; spring will be March-May;
summer will be June-August; and fall will be September-
November;
ii. days per week during the normal operating schedule;
iii. hours per day during the normal operating schedule; and
iv. weeks per year during the normal operating schedule.
d. Process Rate Data. The process rate data shall include:
i. annual process rate (annual throughput). The
SCC prescribes the units to be used with each SCC for
annual fuel/process rate reporting;
ii. in nonattainment parishes, peak ozone season
daily process rate. The SCC prescribes the units to be used
with each SCC for peak ozone season daily process rate
reporting. Peak ozone season daily process rate is an
average of emissions from a daily operation during the peak
ozone season months; and
iii. annual average heat, ash, and sulfur
content and design capacity, where applicable.
e. Control Equipment Information. The control
equipment information shall include:
i. current primary and secondary control equipment; and
ii. current control equipment efficiency (percent).
The actual efficiency should reflect the total control
efficiency from all control equipment and include downtime
and maintenance degradation. If the actual control efficiency
is unavailable, the design efficiency or the control efficiency
limit imposed by a permit shall be used.
f. Emissions Information. The emissions information
shall include:
i. estimated actual criteria pollutant and precursor
emissions at the emissions point level, in tons per year, if
applicable, for an annual emissions rate and pounds per day
for a typical ozone season day. Actual emissions estimates
must include all emissions, i.e., upsets, downtime, fugitive
emissions, and insignificant sources;
ii. permitted criteria pollutant and precursor
emissions at the emissions point level in tons per year and in
pounds per hour;
iii. estimated emissions method;
iv. calendar year for the emissions; and
v. emissions factor (if emissions were calculated
using an emissions factor).
g. Stack Parameters. The stack parameters shall include:
i. stack height;
ii. stack diameter;
iii. exit gas temperature;
iv. exit gas velocity; and
v. exit gas flow rate.
AQ255 §919.C; LAd34;LA021.12;AQ255;LR32:241(2/20/2006)
C. Calculations. Actual measurement with continuous
emissions monitoring systems (CEMS) or approved stack
testing shall be used for reporting of emissions from an
emissions point when such data exists. In the absence of
CEMS or stack test data, emissions shall be calculated using
methods found in the most recent edition, as of December 31
of the current reporting year, of the Compilation of Air
Pollution Emission Factors (AP-42), calculations published
in engineering journals, and/or EPA or department-approved
estimation methodologies.
AQ220 §919.D; LAd34;LA021.08;AQ220;LR29:2776 (12/20/2003)
D. Reporting Requirements. The annual emissions
inventory shall be submitted to the department no later than
March 31 for the previous calendar year unless otherwise directed.
AQ220 §919.E; LAd34;LA021.08;AQ220;LR29:2776 (12/20/2003)
E. Enforcement. The department reserves the right to
initiate formal enforcement actions, under R.S. 30:2025, for
failure to submit emissions inventories as required in this Section.
AQ220 §919.F; LAd34;LA021.08;AQ220;LR29:2776 (12/20/2003)
F. Fees. The annual emissions inventory will be used to
assess the criteria pollutant annual fee as per LAC 33:III.223.
****End Louisiana Section 919 SIP effective August 4, 2011***LAd34***LA021***uxp****
****End Louisiana Section 919 SIP effective February 29, 2016***LAd47***LA039***w2h***