Louisiana SIP: LAC 33:III Ch. 5 Section 509. Prevention of Significant Deterioration; SIP effective 2011-08-18 (LAd36)
Regulatory Text:
Louisiana Administrative Code, Title 33 ENVIRONMENTAL QUALITY, Part III Air (LAC 33:III)
Chapter 5. Permit Procedures
Section 509. Prevention of Significant Deterioration
As approved by EPA:
March 8, 1989 (54 FR 09795) at 52.970(c)(49) effective May 8, 1989;
June 15, 1989 at 52.970(c)(50) effective August 14, 1989;
May 2, 1991 at 52.970(c)(57) effective July 1, 1991;
October 15, 1996 at 52.970(c)(69) effective December 16, 1996; and
July 19, 2011 (76 FR 42549) effective August 18, 2011 (LAd36).
Outline
A. Applicability
B. Definitions
B. Definitions - Table A: Untitled [cited in definitions of Existing Stationary Facility and Major Stationary Source]
C. Area Classification
D. Ambient Air Increments
E. Ambient Air Ceilings
F. Exclusions from Increment Consumption
G. Redesignation
H. Stack Heights
I. Review of Major Stationary Sources and Major Modifications Applicability and Exemptions
J. Control Technology Evaluation
K. Source Impact Analysis
L. Air Quality Models
M. Air Quality Analysis
N. Source Information
O. Additional Impact Analyses
P. Source Impacting Federal Class I Areas - Additional Requirements
Q. Public Participation
R. Source Obligation
S. Innovative Control Technology
A. Applicability
1. The provisions of this Part apply to major stationary sources and major modifications as provided in LAC 33:III.509.I, except that no provision of this part applies to Indian reservations meaning any federally recognized reservation established by treaty, agreement, executive order, or act of Congress.
2. An owner or operator of an existing major stationary source or an existing major modification who, as of the effective date of this Chapter, has been issued a permit under the federal program to prevent the significant deterioration of air quality, must also obtain a permit under the provisions of this part if the source fails to comply with the terms and conditions of the federal permit.
B. Definitions.
For the purpose of this part, the terms below shall have the meaning specified herein as follows:
Actual Emissions - the actual rate of emissions of a pollutant from an emissions unit, as determined in accordance with the
following:
1. 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 two-year period which precedes the particular date and which is representative of normal source operation. The administrative authority may allow the use of a different time period upon a determination that it is more representative of normal 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.
2. The administrative authority may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.
3. For any emissions unit which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.
Administrative Authority - the Secretary, or designee, of the Department of Environmental Quality.
Adverse Impact on Visibility - means visibility impairment which interferes with the management, protection, preservation or enjoyment of the visitor's visual experience of the 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 visibility impairments, and how these factors correlate with:
1. Times of visitor's use of the federal Class I area; and
2. The frequency and timing of natural conditions that reduce visibility.
Allowable Emissions - the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:
1. the applicable standards as set forth in Sections 111 and 112 of the Clean Air Act and in the Louisiana New Source Performance Standards (LNSPS) and the Louisiana Emission Standards for Hazardous Air Pollutants (LESHAP);
2. the applicable Louisiana State Implementation Plan emissions limitations, including any with a future compliance date; or
3. the emissions rate specified as an enforceable permit condition under a permit issued under a program to prevent the significant deterioration of air quality or under the Louisiana Air Quality Regulations.
Baseline Area-
1. Any area designated as attainment or unclassifiable in which the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact equal to or greater than 1 ug/m^3 (annual average) of the pollutant for which the minor source baseline date is established.
2. All parishes are designated as attainment for all pollutants except the following parishes are designated non-attainment for ozone only: Ascension, Beauregard, Bossier, Caddo, Calcasieu, East Baton Rouge, Grant, Iberville, Jefferson, Lafayette, Lafourche, Orleans, Point Coupee, St. Bernard, St. Charles, St. James, St. Mary, and West Baton Rouge.
Baseline Concentration-
1. That ambient concentration level which exists in the baseline area at the time of the applicable baseline date. A baseline concentration is determined for each pollutant for which a baseline date is established and shall include:
a. the actual emissions representative of sources in existence on the applicable minor source baseline date, except as provided in 2. below.
b. the allowable emissions of major stationary sources which commenced construction before the major source baseline date but were not in operation by the applicable minor source baseline date.
2. The following will not be included in the baseline concentration and will affect the applicable maximum allowable increase(s):
a. actual emissions from any major stationary source on which construction commenced after the major source baseline date; and
b. actual emissions increases and decreases at any stationary source occurring after the minor source baseline date.
Baseline Date -
1. "Major source baseline date" means:
a. In the case of particulate matter (PM10) and sulfur dioxide, January 6, 1975, and
b. In the case of nitrogen dioxide, February 8, 1988.
2. "Minor source baseline date" means the earliest date after the trigger date on which a major stationary source or a major modification subject to LAC 33:III.509 submits a complete application under the relevant regulations. The trigger date is:
a. In the case of particulate matter (PM10) and sulfur dioxide, August 7, 1977, and
b. In the case of nitrogen dioxide, February 8, 1988.
3. the baseline date is established for each pollutant for which increments or other equivalent measures have been established if:
a. the area in which the proposed source or modification would construct is designated as attainment or unclassifiable for the pollutant on the date of its complete application under the PSD program or under this regulation; and
b. in the case of a major stationary source, the pollutant would be emitted in significant amounts, or in the case of a major modification there would be a significant net emissions increase of the pollutant.
Begin Actual Construction - means, in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operation this term refers to those on-site activities, other than preparatory activities, which mark the initiation of the change.
Best Available Control Technology-
1. An emissions limitation (including a visible emission standard) based on the maximum degree of reduction for each pollutant subject to regulation under this part which would be emitted from any proposed major stationary source or major modification which the administrative authority, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant.
2. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by an applicable standard as set forth in Sections 111 and 112 of the Clean Air Act or the Louisiana New Source Performance Standards (LNSPS) and Louisiana Emission Standards for Hazardous Air Pollutants (LESHAP). If the administrative authority determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results.
Best Available Retrofit Technology (BART) - means an emission limitation based on the degree of reduction achievable through the application of the best system of continuous emission reduction for each pollutant which is emitted by an existing stationary facility. The emission limitation must be established, on a case-by-case basis, taking into consideration the technology available, the costs of compliance, the energy and non-air quality environmental impacts of compliance, any pollution control equipment in use or in existence at the source, the remaining useful life of the source, and the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology.
Building, Structure, Facility, or Installation - all of the pollutant-emitting activities which 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., which have the same first two digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement (U. S. Government Printing Office stock numbers 4101-0066 and 003-005-00176-0, respectively).
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:
1. begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or
2. entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.
Complete - in reference to an application for a permit, that the application contains all of the information necessary for processing the application. Designating an application complete for purposes of permit processing does not preclude the administrative authority from requesting or accepting any additional information.
Construction - any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) which would result in a change in actual emissions.
Emissions Unit - any part of a stationary source which emits or would have the potential to emit any pollutant subject to regulation under this Section.
Existing Stationary Facility - means any of the stationary sources of air pollutants listed in Table A of this Section, including any reconstructed source, which was not in operation prior to August 7, 1962, and was in existence on August 7, 1977, and has the potential to emit 250 tons per year or more of any air pollutant. In determining potential to emit, fugitive emissions, to the extent quantifiable, must be counted.
Federal Class I Area - means any federal land that is classified or reclassified "Class I".
Federal Land Manager - means with respect to any lands in the United States, the Secretary of the department with authority over such lands.
Fixed Capital Cost - means the capital needed to provide all of the depreciable components.
Fugitive Emissions - those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.
In Existence - means that the owner or operator has obtained all necessary preconstruction approvals or permits required by federal, state, or local air pollution emissions and air quality laws or regulations and either has (1) begun, or caused to begin, a continuous program of physical on-site construction of the facility or (2) entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of construction of the facility to be completed in a reasonable time.
In Operation - means engaged in activity related to the primary design function of the source.
Indian Governing Body - means the governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of selfgovernment.
Indian Reservation - means any federally recognized reservation established by treaty, agreement, executive order, or act of Congress.
Innovative Control Technology - any system of air pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy, economics, or non- air quality environmental impacts.
Installation - means for purposes of visibility, an identifiable piece of process equipment.
Integral Vista - means a view perceived from within the mandatory Class I federal area of a specific landmark or panorama located outside the boundary of the mandatory Class I federal area.
Major Modification -
As approved by EPA July 19, 2011 (76 FR 42556) effective August 18, 2011 (LAd36).
a. Any physical change in or change in the method of operation of a major stationary source that would result in a significant emissions increase of a regulated NSR pollutant, and a significant net emissions increase of that pollutant from the major stationary source.
b. Any significant emissions increase from any emissions unit or net emissions increase at a major stationary source that is significant for volatile organic compounds (VOCs) or nitrogen oxides (NOx) shall be considered significant for ozone.
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 any 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 Federal Clean Air Act;
iv. use of an alternate fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;
v. use by a source of an alternate fuel or raw material that:
(a). the source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition that was established after January 6, 1975, 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 40 CFR 52.21 or under regulations approved in accordance with 40 CFR 51.166;
vi. an increase in the hours of operation or in the production rate, unless such change would be prohibited under any federally enforceable permit condition that was established after January 6, 1975, 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;
vii. any change in source ownership.
Major Stationary Source -
As approved by EPA July 19, 2011 (76 FR 42556) effective August 18, 2011 (LAd36).
a. any of the stationary sources of air pollutants listed in Table A of this definition that emits, or has the potential to emit, 100 tons per year or more of any pollutant subject to regulations under this Section;
b. for stationary source categories other than those listed in Table A of this definition, any stationary source that emits, or has the potential to emit, 250 tons per year or more of any air pollutant subject to regulation under this Section; or
c. any physical change that would occur at a source not otherwise qualifying as a major stationary source under Subparagraphs a and b of this definition if the change would constitute a major source by itself;
d. a major source that is major for volatile organic compounds or nitrogen oxides shall be considered major for ozone;
Table A -- Stationary Sources of Air Pollutants
| 1 | Fossil fuel-fired steam electric plants of more than 250 million British thermal units (Btu) per hour heat input |
|---|---|
| 2 | Coal cleaning plants (with thermal dryers) |
| 3 | Kraft pulp mills |
| 4 | Portland cement plants |
| 5 | Primary zinc smelters |
| 6 | Iron and steel mill plants |
| 7 | Primary aluminum ore reduction plants |
| 8 | Primary copper smelters |
| 9 | Municipal incinerators capable of charging more than 250 tons of refuse per day |
| 10 | Hydrofluoric, sulfuric, and nitric acid plants |
| 11 | Petroleum refineries |
| 12 | Lime plants |
| 13 | Phosphate rock processing plants |
| 14 | Coke oven batteries |
| 15 | Sulfur recovery plants |
| 16 | Carbon black plants (furnace process) |
| 17 | Primary lead smelters |
| 18 | Fuel conversion plants |
| 19 | Sintering plants |
| 20 | Secondary metal production plants |
| 21 | Chemical process plants |
| 22 | Fossil fuel boilers (or combinations thereof) totaling more than 250 million Btu per hour heat input. |
| 23 | Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels |
| 24 | Taconite ore processing plants |
| 25 | Glass fiber processing plants |
| 26 | Charcoal production plants |
Mandatory Class I Federal Area - means any international park, national wilderness area which exceeds 5,000 acres, national memorial park which exceeds 5,000 acres or national park which exceeds 6,000 acres, in existence on August 7, 1977 and 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 all applicable air quality control laws
and regulations.
Net Emissions Increase -
1. The amount by which the sum of the following exceeds zero:
a. any increase in actual emissions from a particular physical change or change in the method of operation at a source; and
b. any other increases and decreases in actual emissions at the source that are contemporaneous with the particular change and are otherwise creditable.
2. An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between:
a. the date five years before construction on the particular change commences; and
b. the date that the increase from the particular change occurs.
3. An increase or decrease in actual emissions is creditable only if it has not been relied on in issuing a permit for the source under a program to prevent significant deterioration of air quality, which permit is in effect when the increase in actual emissions from the particular change occurs.
4. An increase or decrease in actual emissions of sulfur dioxide, particulate matter or nitrogen dioxide which occurs before the applicable minor source baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available. With respect to particulate matter, only PM10 emissions can be used to evaluate the net emission increase for PM10.
5. An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.
6. A decrease in actual emissions is creditable only to the extent that:
a. the old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;
b. at and after the time of actual construction on the particular change begins, the decrease as an allowable emission limit or as a condition of a permit issued under a program to prevent significant deterioration of air quality or under the Louisiana Air Quality Regulations; and
c. it has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.
7. An increase that results from a physical change at a 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.
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 if the limitation or the effect it would have on emissions is enforceable as an allowable emission limit or as a condition of a permit issued under a program to prevent the significant deterioration of air quality or under Louisiana Air Quality Regulations.Secondary emissions do not count in determining the potential to emit of a stationary source.
Reasonably Attributable - means attributable by visual observation or any other technique the state deems appropriate.
Reconstruction - will be presumed to have taken place where the fixed capital cost of the new component exceeds 50 percent of the fixed capital cost of a comparable entirely new source. Any final decision as to whether reconstruction has occurred must be made in accordance with the provisions of LAC 33:III.3129.F.1-3.
Secondary Emissions - emissions which 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 purposes of this Section, secondary emissions must be specific, well defined, quantifiable, and impact the same general areas as the stationary source or modification which causes the secondary emissions. Secondary emissions may include, but are not limited to:
1. emissions from ships or trains coming to or from the new or modified stationary source; and
2. emissions from any offsite support facility which would not otherwise be constructed or increase its emissions as a result of the construction or operation of the major stationary source or major modification.
Significant --
a. 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 any of the following rates:
Table as approved by EPA July 19, 2011 (76 FR 42556) effective August 18, 2011 LAd36.
| Pollutant | Emission Rate |
|---|---|
| Carbon monoxide | 100 tons per year (tpy) |
| Nitrogen oxides | 40 tpy |
| Sulfur dioxide | 40 tpy |
| Particulate matter | 25 tpy of particulate emissions 15 tpy of PM10 emissions |
| Ozone | 40 tpy of volatile organic compounds or nitrogen oxides |
| Lead | 0.6 tpy |
| Asbestos | 0.007 tpy |
| Beryllium | 0.0004 tpy |
| Mercury | 0.1 tpy |
| Vinyl chloride | 1 tpy |
| Fluorides | 3 tpy |
| Sulfuric acid mist | 7 tpy |
| Hydrogen sulfide (H2S) | 10 tpy |
| Total reduced sulfur (including H2S) | 10 tpy |
| Reduced sulfur compounds (including H2S) | 10 tpy |
b. "Significant" means, in reference to a net emissions increase or the potential of a source to emit a pollutant subject to regulation under the Clean Air Act that LAC 33:III.509.B "significant 1" does not list, any emission rate.
c. Notwithstanding LAC 33:III.509.B, "significant 1 & 2" significant means any emissions rate or any net emissions increase associated with a major stationary source or major modification which would construct within 10 kilometers of a Class I area, and have an impact on such area equal to or greater than 1 µg/m3, (24-hour average).
Significant Impairment - means visibility impairment, which, in the judgment of the administrative authority, interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of the mandatory Class I federal 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 impairment, and how these factors correlate with (1) times of visitor use of the mandatory Class I federal area, and (2) the frequency and timing of natural conditions that reduce visibility.
Stationary Source - any building, structure, facility, or installation which emits or may emit any air pollutant subject to regulation under this Section.
Visibility Impairment - means any humanly perceptible change in visibility (visual range, contrast, coloration) from that which would have existed under natural conditions.
Visibility in any Mandatory Class I Federal Area - includes any integral vista associated with that area.
C. Area Classification
1. Louisiana is divided into three Air Quality Control Regions which are designated as the Southern Region (AQCR 106), Northwest Region (AQCR 022), and Northeast Region (AQCR 019). In Figure 1 the boundary lines of the Air Quality Regions are shown.
2. Each Air Quality Control Region is classified as Class II with the exception of those areas enumerated in LAC 33:III.509.C.3.
3. Restrictions on Area Classifications
a. The following area which was in existence on August 7, 1977, shall be Class I and may not be redesignated:
i. Breton National Wildlife Refuge
D. Ambient Air Increments. In areas designated as Class I, II, or III, increases in pollutant concentration over the baseline concentration shall be limited to the following:
| Pollutant | Maximum Allowable Increase (micrograms per cubic meter) |
|---|---|
| Class I |  |
| Particulate matter: | |
| PM-10, Annual geometric mean | 4 |
| PM-10, 24-hr maximum | 8 |
| Sulfurdioxide: | |
| Annual arithmetic mean | 2 |
| 24-hrmaximum | 5 |
| 3-hr maximum | 25 |
| Nitrogen dioxide: | |
| Annual arithmetic mean | 2.5 |
|
|
| Class II | |
| Particulate matter: | |
| PM-10, Annual geometric mean | 17 |
| PM-10, 24-hr maximum | 30 |
| Sulfurdioxide: | |
| Annual arithmetic mean | 20 |
| 24-hr maximum | 91 |
| 3-hr maximum | 512 |
| Nitrogen dioxide | |
| Annual arithmetic mean | 25 |
|
|
| Class III | |
| Particulate matter: | |
| PM-10, Annual geometric mean | 34 |
| PM-10, 24-hr maximum | 60 |
| Sulfur dioxide: | |
| Annual arithmetic mean | 40 |
| 24-hr maximum | 182 |
| 3-hr maximum | 700 |
| Nitrogen dioxide: | |
| Annual arithmetic mean | 50 |
For any period other than an annual period, the applicable maximum allowable increase may be exceeded during one such period per year at any one location.
E. Ambient Air Ceilings. No concentration of a pollutant shall exceed:
1. the concentration permitted under the secondary ambient air quality standard (Table 1a); or
2. the concentration permitted under the primary ambient air quality standard, whichever concentration is lowest for the pollutant for a period of exposure.
F. Exclusions from Increment Consumption
1. The administrative authority shall exclude the following concentrations in determining compliance with a maximum allowable increase:
a. concentrations attributable to the increase in emissions from stationary sources which have converted from the use of petroleum products, natural gas, or both by reason of an order in effect under Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) over the emissions from such sources before the effective date of such an order. No exclusion of such concentrations shall apply more than five years after the effective date of such an order;
b. concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason of a natural gas curtailment plan in effect pursuant to the Federal Power Act over the emissions from such sources before the effective date of such plan. No exclusion of such concentrations shall apply more than five years after the effective date of such plan;
c. concentrations of particulate matter attributable to the increase in emissions from construction or other temporary emission-related activities of new or modified sources; and
d. the increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources which are included in the baseline concentration.
G. Redesignation. Redesignation of areas of the state shall be in accordance with applicable state and federal laws.
H. Stack Heights
1. The degree of emission limitation required for control of any air pollutant under this part shall not be affected in any manner by:
a. so much of the stack height of any source as exceeds good engineering practice as provided in the Louisiana Air Quality Regulations; or
b. any other dispersion technique.
2. LAC 33:III.509.H.1 shall not apply with respect to stack heights in existence before December 31, 1970, or to dispersion techniques implemented before then.
I. Review of Major Stationary Sources and Major Modifications Applicability and Exemptions
1. No major stationary source or major modification to which the requirements of this part apply shall begin actual construction without a permit issued under this Section.
2. The requirements of LAC 33:III.509.J through R shall apply to any major stationary source and any major modification with respect to each pollutant subject to regulation under this Section that it would emit, except as this section otherwise provides.
3. The requirements of LAC 33:III.509.J through R apply only to any major stationary source or major modification that would be constructed in an area designated as attainment or unclassifiable as specified in LAC 33:III.509.B. "Baseline Area 3.B.".
4. The requirements of LAC 33:III.509.J through R shall not apply to a particular major stationary source or major modification if:
a. the major stationary source would be a nonprofit health or nonprofit educational institution or a major modification that would occur at such an institution; or
b. the source or modification would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the stationary source or modification and the source does not belong to any of the following categories:
i. coal cleaning plants (with thermal dryers);
ii. kraft pulp mills;
iii. Portland cement plants;
iv. primary zinc smelters;
v. iron and steel mills;
vi. primary aluminum ore reduction plants;
vii. primary copper smelters;
viii. municipal incinerators capable of charging
more than 250 tons of refuse per day;
ix. hydrofluoric, sulfuric, or nitric acid plants;
x. petroleum refineries;
xi. lime plants;
xii. phosphate rock processing plants;
xiii. coke oven batteries;
xiv. sulfur recovery plants;
xv. carbon black plants (furnace process);
xvi. primary lead smelters;
xvii. fuel conversion plants;
xviii. sintering plants;
xix. secondary metal production plants;
xx. chemical process plants;
xxi. fossil fuel fired boilers (or combination
thereof) totaling more than 250 million British
thermal units per hour heat input;
xxii. petroleum storage and transfer units with a
total storage capacity exceeding 300,000
barrels;
xxiii. taconite ore processing plants;
xxiv. glass fiber processing plants;
xxv. charcoal production plants;
xxvi. fossil fuel-fired steam electric plants of
more than 250 million British thermal units
per hour heat input;
xxvii. any other stationary source category which,
as of August 7, 1980, is being regulated
under Sections 111 or 112 of the Clean
Air Act or the Louisiana New Source
Performance Standards (LNSPS) or Louisiana
Emission Standards for Hazardous Air
Pollutants (LESHAP); or
c. the source is a portable stationary source which has previously received a permit under this Section, if:
i. the owner or operator proposes to relocate the source and emissions of the source at the new location would be temporary; and
ii. the emissions from the source would not exceed its allowable emissions; and
iii. the emissions from the source would impact no Class I area and no area where an applicable increment is known to be violated; and
iv. reasonable notice is given to the administrative authority prior to the relocation identifying the proposed new location and probable duration of operation at that location. Such notice shall be given to the administrative authority not less than 10 days in advance of the proposed relocation unless a different time duration is previously approved by the administrative authority.
5. The requirements of LAC 33:III.509.J through R shall not apply to a major stationary source or major modification with respect to particular pollutant if the owner or operator demonstrates that, as to that pollutant, the source or modification is located in an area designated as nonattainment as specified in LAC 33:III.509.B."Baseline Area."
6. The requirements of LAC 33:III.509.M and LAC 33:III.509.O shall not apply to a proposed major stationary source or major modification with respect to a particular pollutant, if the allowable emissions of that pollutant from the source, or the net emissions increase of that pollutant from the modification would be temporary and impact no Class I area and no area where an applicable increment is known to be violated.
7. The requirements of LAC 33:III.509.K, M and O as they relate to any maximum allowable increase for a Class II area shall not apply to a modification of a major stationary source that was in existence on March 1, 1978, if the net increase in allowable emissions of each pollutant subject to regulation under this Section from the modification after the application of best available control technology would be less than 50 tons per year.
8. The administrative authority may exempt a proposed major stationary source or major modification from the requirements of LAC 33:III.509.M with respect to monitoring for a particular pollutant if:
a. the emissions increase of the pollutant from the new stationary source or the net emissions increase of the pollutant from the modification would cause, in any area, air quality impacts less than the following amounts:
Table as approved by EPA July 19, 2011 (76 FR 42556) effective August 18, 2011 (LAd36).
NOTE: This is table 509.I.5(a) in Section 509 as approved in the Louisiana Register September 20, 2006 (LR 32:1601) but it is table 509.I.8(a) in Section 509 as approved by EPA July 19, 2011 (76 FR 42556) effective August 18, 2011 (LAd36).
| Carbon monoxide | 575 µg/m3 | 8-hour average |
|---|---|---|
| Nitrogen dioxide | 14 µg/m3 | annual average |
| Particulate matter | 10 µg/m3 of PM10 | 24-hour average |
| Sulfur dioxide | 13 µg/m3 | 24-hour average |
| Ozone | No de minimis air quality level is provided for ozone. However, any net increase of 100 tons per year or more of volatile organic compounds or nitrogen oxides subject to PSD would require the performance of an ambient impact analysis including the gathering of ambient air quality data. | |
| Lead | 0.1 µg/m3 | 3-month average |
| Fluorides | 0.25 µg/m3 | 24-hour average |
| Total reduced sulfur | 10 µg/m3 | 1-hour average |
| Hydrogen sulfide | 0.2 µg/m3 | 1-hour average |
| Reduced sulfur compounds | 10 µg/m3 | 1-hour average |
or
b. the concentrations of the pollutant in the area that the source or modification would affect are less than the concentrations listed in LAC 33:III.509.I.8.a; or
c. the pollutant is not listed in LAC 33:III.509.I.8.a.
J. Control Technology Evaluation
1. A major stationary source or major modification shall meet each applicable emissions limitation under the Louisiana State Implementation Plan and each applicable emissions standard and standard of performance under the Louisiana New Source Performance Standards (LNSPS) and Louisiana Emission Standards for Hazardous Air Pollutants (LESHAP) and Sections 111 and 112 of the Clean Air Act.
2. A new major stationary source shall apply best available control technology for each pollutant subject to regulation under this Section that it would have the potential to emit in significant amounts.
3. A major modification shall apply best available control technology for each pollutant subject to regulation under this Section which would result in a significant net emissions increase at the source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical change or change in the method of operation in the unit.
4. For phased construction projects, the determination of best available control technology shall be reviewed and modified as appropriate at the latest reasonable time which occurs 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 best available control technology for the source.
K. Source Impact Analysis. The owner or operator of the proposed source or modification shall demonstrate that allowable emission increases from the proposed source or modification, in conjunction with all other applicable emissions increases or reductions (including secondary emissions), would not cause or contribute to air pollution in violation of:
1. any ambient air quality standard in any air quality control region; or
2. any applicable maximum allowable increase over the baseline concentration in any area. This baseline concentration for any stationary source or modification with respect to any maximum allowable increase for particulate matter (PM-10) shall be based on the maximum allowable increases for TSP as in effect on the date the application was submitted, if the owner or operator of the source or modification submitted an application for a permit before the PM10 maximum allowable increases became effective and the application as submitted before that date was determined complete.
L. Air Quality Models. All estimates of ambient concentrations required under this Section shall be based on the applicable and approved air quality models, data bases, and other requirements as specified and approved by the administrative authority prior to submission of the permit application.
M. Air Quality Analysis
1. Preapplication analysis
a. Any application for a permit under this Section shall contain an analysis of ambient air quality in the area that the major stationary source or major modification would affect for each of the following pollutants:
i. for the source, each pollutant that it would have the potential to emit in a significant amount;
ii. for the modification, each pollutant for which it would result in a significant net emissions increase.
b. With respect to any such pollutant for which no ambient air quality standard exists, the analysis shall contain such air quality monitoring data as the administrative authority determines is necessary to assess ambient air quality for that pollutant in any area that the emissions of that pollutant would affect.
c. With respect to any such pollutant (other than non-methane hydrocarbons) for which such a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of the standard or any maximum allowable increase.
d. In general, the continuous air quality monitoring data that is required shall have been gathered over a period of at least one year and shall represent at least the year preceding receipt of the application, except that if the administrative authority determines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one year (but not to be less than four months), the data that is required shall have been gathered over at least that shorter period.
2. Post-Construction Monitoring. The owner or operator of a major stationary source or major modification shall, after construction of the stationary source or modification, conduct such ambient monitoring as the administrative authority determines is necessary to determine the effect emissions from the stationary source or modification may have, or are having, on air quality in any area.
3. Operation of Monitoring Station. For purposes of satisfying LAC 33:III.509.M, the installation and operation of monitoring stations shall be conducted in accordance with all applicable federal and state laws and regulation. Quality assurance plans for such operations must be approved by the administrative authority prior to the plan's implementation.
N. Source Information. The owner or operator of a proposed source or modification shall submit all information necessary to perform any analysis or make any determination required under this Section.
1. With respect to a source or modification to which LAC 33:III.509.J, .L or .P apply, such information shall include:
a. a description of the nature, location, design capacity, and typical operating schedule of the source or modification, including specifications and drawings showing its design and plant layout;
b. a detailed schedule for construction of the source or modification; and
c. a detailed description as to what system of continuous emission reduction is planned for the source or modification, emission estimates, and any other information necessary to determine that best available control technology would be applied.
2. Upon request of the administrative authority, the owner or operator shall also provide information on:
a. the air quality impact of the source or modification, including meteorological and topographical data necessary to estimate such impact; and
b. the air quality impacts, and the nature and extent of any or all general commercial, residential, industrial, and other growth which has occurred since August 7, 1977, in the area the source or modification would affect.
O. Additional Impact Analyses
1. The owner or operator shall provide an analysis of the impairment to visibility, soils, and vegetation that would occur as a result of the source or modification and general commercial, residential, industrial, and other growth associated with the source or modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant commercial or recreational value.
2. The owner or operator shall provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial, and other growth associated with the source or modification.
3. Where the air quality impact analysis required under this Section indicates that the issuance of a permit for any major stationary source or major modification would result in the consumption of more than 50 percent of any available annual increment or 80 percent of any available short term increment, the applicant may be required by the administrative authority to submit to the Air Quality Division a report covering the following factors:
a. the effects the proposed consumption would have upon the industrial and economic development within the impact area of the proposed source; and
b. any alternatives to the increment consumption such as alternate siting of the proposed source or parts thereof or additional abatement of emissions.
4. The report required pursuant to LAC 33:III.509.O.3 may be required in instances where the proposed major stationary source or major modification would result in an increment consumption less than that specified in said Paragraph if the administrative authority finds that unusual circumstances exist in the area of the proposed major stationary source or major modification which warrant such a report. In such instances, the administrative authority shall notify the applicant in writing when such a report is required.
5. Visibility Monitoring. The administrative authority may require monitoring of visibility in any federal Class I area near the proposed new stationary source or major modification for such purposes and by such means as the administrative authority deems necessary and appropriate.
P. Source Impacting Federal Class I Areas - Additional Requirements
1. Notice to Federal Land Managers. The administrative authority shall provide written notice of any permit application for a proposed major stationary source or major modification the emissions from which may affect a Class I area to the federal land manager, and the federal official charged with direct responsibility for management of any lands within any such area. The administrative authority shall provide such notice promptly after receiving the application. Such notification shall include a copy of all information relevant to the permit application and shall be given within 30 days of receipt and at least 60 days prior to any public hearing on the application for a permit to construct. Such notification shall include an analysis of the proposed source's anticipated impacts on the visibility in the federal Class I area. The administrative authority shall also provide the federal land manager and such federal officials with a copy of the preliminary determination report required under LAC 33:III.509.Q and shall make available to them any materials used in making that determination, promptly after the administrative authority makes such determination. Finally, the administrative authority shall also notify all affected federal land managers within 30 days of receipt of any advanced notifications of any such permit application.
2. Denial-Impact on Air Quality Related Values. The federal land manager of any such lands may demonstrate to the administrative authority that the emissions from a proposed source or modification would have an adverse impact on the air quality-related values (including visibility) of those lands, notwithstanding that the change in air quality resulting from emissions from such source or modification would not cause or contribute to concentrations which would exceed the maximum allowable increases for a Class I area. If the administrative authority concurs with such demonstration, then the permit shall not be issued.
3. Visibility Analysis. The administrative authority shall consider any analysis performed by the federal land manager provided within 30 days of the notification and analysis required under LAC 33:III.509.P.1 that a proposed new major stationary source or major modification may have an adverse impact on visibility in any federal Class I area. Where the administrative authority finds that such an analysis does not demonstrate to the satisfaction of the administrative authority that an adverse impact on visibility will result in the federal Class I area, the administrative authority must, in the notice of public hearing on the permit application, either explain such decision or give notice as to where the explanation can be obtained.
4. Class I Variances. The owner or operator of a proposed source or modification may demonstrate to the federal land manager and the administrative authority that the emissions from such source or modification would have no adverse impact on the air quality related values of any such lands (including visibility), notwithstanding that the change in air quality resulting from emissions from such source or modification would cause or contribute to concentrations which would exceed the maximum allowable increases for a Class I area. If the federal land manager concurs with such demonstration and he so certifies, the administrative authority may, provided the applicable requirements of this Section are otherwise met, issue the permit with such emission limitations as may be necessary to assure that emissions of sulfur dioxide, particulate matter and nitrogen dioxide would not exceed the following maximum allowable increases over baseline concentration for such pollutants:
| Particulate Matter: | Maximum Allowable Increase (Micrograms per cubic meter) |
|---|---|
| PM-10, Annual arithmetic mean | 17 |
| PM-10, 24-hr maximum | 30 |
| Sulfurdioxide: | |
| Annual arithmetic mean | 20 |
| 24-hr maximum | 91 |
| 3-hr maximum | 325 |
| Nitrogen dioxide: | |
| Annual arithmetic mean | 25 |
Q. Public Participation
1. The administrative authority shall notify the applicant within 60 days after receipt of the application as to the completeness of the application or any deficiency in the application or information submitted. In the event of such a deficiency, the date of receipt of the application shall be the date on which the administrative authority received all required information.
2. Within one year after receipt of a complete application, the administrative authority shall:
a. make a preliminary determination whether construction should be approved, approved with conditions, or disapproved; and
b. make available in at least one location in each region in which the proposed source would be constructed a copy of all materials the applicant submitted, a copy of the preliminary determination, and a copy or summary of other materials, if any, considered in making the preliminary determination.
3. Within 30 days after the administrative authority has made the preliminary determination, the administrative authority shall cause a public notice to be published once in the official journal of the state and once in a local newspaper or journal of general circulation in the region in which the proposed source would be constructed.
a. The contents of the public notice shall be as follows:
i. the name and address of the applicant;
ii. the nature and location of the proposed source or modification;
iii. the preliminary determination of the administrative authority;
iv. the degree of increment consumption that is expected from the source or modification;
v. the opportunity to request a public hearing concerning the application;
vi. the opportunity and time periods to submit written public comments concerning the application; and
vii. the name and address of the person to whom public comments and requests for public hearings should be sent.
4. A period of 30 days after the date of publication will be allowed for public comment. In those instances where the proposed major stationary source or major modification may effect the air quality of a neighboring state, the comment period for that state shall be 60 days from the date of publication.
5. The administrative authority may, upon request of any interested person made during the comment period, hold a public hearing at which persons may appear and submit written or oral comments on the air quality impact of the source, alternatives to it, the control technology required, and any other appropriate consideration.
6. The administrative authority shall consider all written comments submitted within the comment period and all written or oral comments presented at any public hearing, if any, before making a final determination of the permit application.
7. The administrative authority shall make all comments available for public inspection in the same locations where the administrative authority made available preconstruction information relating to the proposed source or modification.
8. Within one year after receipt of a complete application, the administrative authority shall:
a. make a final determination whether construction shall be approved, approved with conditions, or disapproved; and
b. notify the applicant in writing of the final determination and make such notification available for public inspection at the same locations where the administrative authority made available preconstruction information relating to the proposed source or modification.
R. Source Obligation
1. Any owner or operator who constructs or operates a source or modification not in accordance with the terms of any permit issued under this Section, or any owner or operator of a source or modification subject to this Section who commences construction after the effective date of these regulations without applying for and receiving a permit hereunder, shall be subject to appropriate enforcement action.
2. A permit shall become invalid if construction is not commenced within 18 months after issuance of such permit, or if construction is discontinued for a period of 18 months or more, or if construction is not completed within a reasonable time. The administrative authority may extend the 18-month period upon a satisfactory showing that an extension is justified. This provision does not apply to the time period between construction of the approved phases of a phased construction project; each phase must commence construction within 18 months of the projected and approved commencement date.
3. The issuance of a permit hereunder shall not relieve any owner or operator of the responsibility to comply fully with applicable provisions of the Louisiana State Implementation Plan and any other requirements under local, state, or federal law.
4. At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of LAC 33:III.509.J through R shall apply to the source or modification as though construction had not yet commenced on the source or modification.
S. Innovative Control Technology
1. The owner or operator of a proposed major stationary source or major modification may request the administrative authority in writing, to approve and permit a system of innovative control technology.
2. The administrative authority may, with the consent of the governor(s) of other affected state(s), determine that the employment of a system of innovative control technology is permissible, if:
a. the proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function;
b. the owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that which would have been required under LAC 33:III.509.J.2 by a date specified by the administrative authority. Such date shall not be later than four years from the time of startup or seven years from permit issuance;
c. the source or modification would meet the requirements equivalent to those in LAC 33:III.509.J and K based on the emissions rate that the stationary source employing the system of innovative control technology would be required to meet on the date specified by the administrative authority;
d. the source or modification would not before the date specified by the administrative authority:
i. cause or contribute to a violation of an applicable ambient air quality standard; or
ii. impact any Class I area; or
iii. impact any area where an applicable increment is known to be violated;
e. all other applicable requirements including those for public participation have been met.
3. The administrative authority shall withdraw any approval to employ a system of innovative control technology made under this Section, if:
a. the proposed system fails by the specified date to achieve the required continuous emissions reduction rate; or
b. the proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety; or
c. the administrative authority decides at any time that the proposed system is unlikely to achieve the required level of control or to protect the public health, welfare, or safety.
4. If a source or modification fails to meet the required level of continuous emissions reduction within the specified time period, or if the approval is withdrawn in accordance with LAC 33:III.509.S.3, the administrative authority may allow the source or modification up to an additional three years to meet the requirement for the application of best available control technology through use of a demonstrated system of control.
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, LR 13:741 (December 1987), amended LR 14:348 (June 1988), LR 16:613 (July 1990), amended by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 21:170 (February 1995), LR 31:3139 (December 20, 2005), LR 32:1600 (September 20, 2006)