TECHNICAL SUPPORT DOCUMENT

Amendments to the Louisiana New Source Review State Implementation Plan

Air Permit Procedure Revisions Program

LAC 33:III. Chapter 5

Sections 501, 502, 503, 504, 506, 510, 511, 513, 515, 517, 519, 521, 523, 525, 527, 529, 

and 

Regulations on Control of Emissions through the Use of Emission Reduction Credits (ERC) Banking 

LAC 33:III. Chapter 6

Sections 601, 603, 605, 607, 615, and 619

Docket No. EPA-R06-OAR-2014-0821

March 22, 2016

Amendments to the Louisiana New Source Review (NSR) State Implementation Plan (SIP) submitted 

by the Louisiana Department of Environmental Quality (LDEQ) 

No material in this submittal package was designated as Confidential Business Information.

FOR FURTHER INFORMATION CONTACT: 

Stephanie Kordzi United States Environmental Protection Agency Region 6, Air Permits Section (6PDR), 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-2733, (214) 665-7520
Technical Support Document

Annotation of LAC 33:III. Chapters 5 and 6 

Docket No. EPA-R06-OAR-2014-0821

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Table of Contents

I. Introduction 

A. Overview

B. What are we addressing in this action? 

C. What are we not addressing in this action? 

II. Overview of the Louisiana NSR Permit Program SIP Submittals 

A. November 15, 1993, Submittal

B. November 10, 1994, Submittal

C. July 25, 1997, Submittal

D. June 22, 1998, Submittal

E. June 27, 2003, Submittal 

F. May 5, 2006, Submittal

G. November 9, 2007, Submittal

H. August 14, 2009, Submittal

I. August 29, 2013, Submittal

J. November 3, 2014, Submittal

K. Summary of Pending SIP Submittals Addressed in this Action 

III. Technical Evaluation of the Louisiana Permit Procedures SIP Submittals.

A. Part 51, Appendix V Evaluation of the SIP Submittal

B. Do the State’s Submittals Meet the Applicable Federal Requirements?

C. EPA’s Evaluation of the Chapter 5 Permit Procedures and Chapter 6 Regulations on 

Control of Emissions through the Use of Emission Reduction Credits (ERC) Banking -

General Description of the Annotation and Evaluation of the Regulations.

IV. Conclusion
Technical Support Document

Annotation of LAC 33:III. Chapters 5 and 6 

Docket No. EPA-R06-OAR-2014-0821

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I. Introduction

A. Overview.

This Technical Support Document (TSD) is a technical evaluation of submitted amendments 

to the Louisiana State Implementation Plan (SIP) that are within the Chapter 5 Permit 

Procedures and Chapter 6 Regulations on Control of Emissions through the Use of Emission 

Reduction Credits (ERC) Banking rules relating to the minor and Nonattainment New Source 

Review (NSR) Program. 

Throughout this document, the following terms and abbreviations have the following 

meanings except where otherwise stated:

• “EPA,” “we,” “us,” and “our” means the Environmental Protection

Agency;

• “Act” and “CAA” mean the Federal Clean Air Act;

• “NSR” means New Source Review;

• “PSD” means Prevention of Significant Review;

• “NNSR” means Nonattainment Area New Source Review;

• “LAC” means Louisiana Administrative Code

• “LDEQ” and “Louisiana” means the Louisiana Department of Environmental Quality; 

• “NAAQS” means National Ambient Air Quality Standards.

B. What are we addressing in this action?

This TSD reviews severed portions of ten SIP submittals that proposed amendments to the 

Louisiana SIP pertaining to the Air Permit Procedure regulations. This review determined that

the amendments are consistent with the requirements of the CAA and the EPA’s policy and 

guidance. Therefore the SIP package is being proposed for approval. Table 1 identifies and 

summarizes each individual SIP submittal that is affected by this action.

Table 1 - Summary of Each NSR SIP Submittal Affected by This Action

Title of SIP submittal Date submitted to 

EPA

Date of State 

adoption

Regulations affected
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Air Permit Procedure 

Revisions

11/15/1993 1993 Sections 501, 502, 503, 511, 513, 

515, 517, 519.A., 519.B., 521, 

523, 525, 527, and 529

Air Permit Procedure 

Revisions

11/10/1994 11/20/1994 Sections 501, 517, 521, and 527

Air Permit Procedure 

Revisions

7/25/1997 1996 Section 517

Air Permit Procedure 

Revisions

6/22/1998 1997 Sections 501 and 517

Air Permit Procedure 

Revisions

6/27/2003 2002 Section 501

Air Permit Procedure and 

ERC Banking Revisions

5/5/2006 2005 Sections 501, 517, and 521

Air Permit Procedure and 

ERC Banking Revisions

11/9/2007 2006 Section 513 

Air Permit Procedure 

Revisions

8/14/2009 2007 Section 501

2008-2010 Volatile 

Organic Compounds Rule

8/29/2013 9/20/2008 Section 523

2011-2013 Permit Rule 

SIP Revision

11/3/2014 2011 Sections 501, 502, 503, 504, 523 

601, 603, 605, 615, and 619

C. What are we not addressing in this action?

The following Table 2 identifies each individual rule provision contained in each SIP submittal 

that is not affected by this action. For those Chapter 5 rules associated with the title IV acid rain 

and title V operating permit program, the EPA notified the LDEQ in its letters of August 4, 2015, 

and February 2, 2016, that those applicable sections should not be included in the SIP submittals.

Table 2: Identification of SIP Submittal Provisions That Are Not Part of This Proposal

Title of SIP submittal Date submitted to 

EPA

Date of State 

adoption

Regulations Not Affected by 

This Proposal

Air Permit Procedure 

Revisions

November 15, 1993 1993 Sections 505, 507, portions of

501, 502, 523, 531, and 533 – due 

to their association with acid rain 

and title V operating permit 

requirements as well as §112(g) 

of the CAA were returned to 

LDEQ on 8/4/2015.

Sections 513.A.1. and 519.C.1.

(which both reference Section 

531) and Section 531 are severed 

due to deficiencies identified by 

the EPA in its 3/3/2003 letter.

Section 501.B.1.d. is severed and 

not being acted on at this time.

Sections 519.C.2. and 519.C.3. 

were returned to LDEQ on 
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Title of SIP submittal Date submitted to 

EPA

Date of State 

adoption

Regulations Not Affected by 

This Proposal

2/2/2016 due to their association 

with the title V permits program.

Air Permit Procedure 

Revisions`

11/10/1994 11/20/1994 Sections 507 and 533, as well as 

a portion of 501.B.5., due to their 

association with title V operating 

permit requirements

Air Permit Procedure 

Revisions

July 25, 1997 1996 Sections 501, 504, and 509. 

Section 504 is approved and 

subsumed into the SIP since EPA 

approved the 504 rules in 2002. 

Sections 501 and 509 are 

proposed for approval.

Air Permit Procedure 

Revisions

June 22, 1998 1997 Section 509 was approved into 

the SIP on 11/5/2015 at (80 FR 

68451.

Air Permit Procedure 

Revisions

May 5, 2006 2005 Sections 504 and 509 were 

approved into the SIP on 

11/5/2015 at (80 FR 68451). The 

EPA returned to LDEQ sections 

505 and 507.C.3. due to their 

association with the title V 

operating permit program 

requirements on August 4, 2015. 

The EPA returned to LDEQ 

sections 507.H.4 and 507.H.5.d. 

due to their association with the 

title V operating permit program 

requirements on February 2, 

2016.

Air Permit Procedure 

Revisions

November 9, 2007 2006 Sections 501, 504, and 509 were 

approved into the SIP on 

11/5/2015 at (80 FR 68451).

Section 513.A.1 was severed due 

to referencing Section 531 which 

was severed due to deficiencies 

identified by the EPA in its 

3/3/2003 letter to LDEQ. 

A portion of 513 was returned to 

LDEQ on February 16, 2016, due 

to association with title V permits 

program.

Air Permit Procedure 

Revisions

August 14, 2009 2007 EPA is not acting on Sections 

504, 505, 506, 507, 603, 605, 

607, 613, and 615.

2011-2013 Permit Rule 

SIP Revision

11/3/2014 2011 Sections 537, and 2132.

Section 501.B., Insignificant 

Activities List D.b. and D.c., due 

to their association with §112(g) 

of the CAA. Section 501.B. 

Definitions and portions of 
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Title of SIP submittal Date submitted to 

EPA

Date of State 

adoption

Regulations Not Affected by 

This Proposal

definitions due to association 

with title V operating permit 

program and section 112(g) of the 

CAA. All these rules were 

returned to LDEQ on February 2, 

2016. The LDEQ withdrew 

Sections 211 and 223 from SIP 

consideration by letter on 

December 2, 2015.

Section 501.B.1.d. is severed and 

not being acted on at this time.

Section 501.B.2.d.i.(a) is severed 

and not being acted on at this 

time.

II. Overview of the Louisiana NSR Permit Program SIP Submittals

The SIP amendments that relate to Air Permit Procedure Revisions for minor NSR permitting and 

nonattainment NSR permitting were evaluated to determine whether they comply with the applicable

requirements of CAA §110 and §173 and with 40 CFR parts 51– Requirements for Preparation, 

Adoption, and Submittal of Implementation Plans. These revisions are necessary to ensure the Louisiana 

NNSR offset bank is able to be used in future instances where the state is designated nonattainment for 

other criteria pollutants. In the Appendix, we include annotations of the regulations submitted for 

review and a line-by-line evaluation of each provision of the regulations relating to Air Permit 

Procedure Revisions

A. November 15, 1993, Submittal

On November 15, 1993, the LDEQ submitted revisions to the SIP. This SIP submittal 

incorporated revisions to the Louisiana Administrative Code (LAC) during the year 1993. It includes 

final revised regulation sections 501, 502, 503, 504, 505, 507, 511, 513, 515, 517, 519, 521, 523, 525, 

527, 529, and 533. The EPA is proposing to take action on sections 501, 502, 503, 511, 513, 515, 517, 

519, 523, 525, 527, and 529. The EPA already approved Section 504 (NNSR Procedures) into the SIP 

on October 10, 1997, 62 FR 52948. The 504 rules were then subsumed into later SIP approval revisions. 

The EPA returned Sections 505, 507, and 533 to the LDEQ on August 4, 2015. The EPA is not taking 

action and severing Section 513.A.1 (which references Section 531), Section 519.C. (which references 

Section 531), and Section 531 regarding public notice. Those specific sections will be addressed in a 

separate action. The EPA is not taking action and is severing Section 501.B.1.d. at this time. 

B. November 10, 1994, Submittal

On November 10, 1994, the LDEQ submitted revisions to the SIP. This SIP submittal 

incorporated revisions to the LAC published in the Louisiana Register on November 20, 1994. It 

includes final revised regulation sections 501, 507, 517, 521, 527, and 533. The EPA is proposing to 
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take action on sections 501, 517, 521, and 527. The EPA returned sections 507 and 533 rules due to 

their association with the title V operating permit program requirements s to LDEQ on August 4, 2015.

C. July 25, 1997, Submittal

On July 25, 1997, the LDEQ submitted the 1996 General revisions to the SIP. This SIP 

submittal incorporated revisions sections 501, 504, 509, and 517 adopted during 1996. The EPA is 

proposing action on section 517. The EPA already approved sections 501, 504 and 509 on November 5, 

2015 (80 FR 68451). Section 504 is approved and subsumed into the SIP since the EPA approved the 

504 rules in 2002. 

D. June 22, 1998, Submittal

On June 22, 1998, the LDEQ submitted the 1997 General revisions to the SIP. This SIP submittal 

incorporated revisions to the LAC during the year 1997 and revisions to the LAC not previously 

federally approved. It includes final revised regulation sections 501, 509, and 517. The EPA is 

proposing action on sections 501 and 517. The EPA already approved section 509 on November 5, 

2015 (80 FR 68451). 

E. June 27, 2003, Submittal

On June 27, 2003, the LDEQ submitted the 2002 General revisions to the SIP. This SIP 

submittal incorporated revisions to the LAC during the year 2002. It includes final revised regulation 

section 501 covering the insignificant activities list. The EPA is proposing action on section 501.

F. May 5, 2006, Submittal

On May 5, 2006, the LDEQ submitted the 2005 General revisions to the SIP. This SIP submittal 

incorporated revisions to the LAC during the year 2005 and revisions to the LAC not previously 

federally approved. It includes final revised regulation sections 501, 504, 505, 507, 509, 517, and 521. 

The EPA is proposing action on Sections 501, 517, and 521. The EPA already approved sections 504 

and 509 on November 5, 2015 (80 FR 68451). The EPA returned to LDEQ sections 505 and 507.C.3.

due to their association with the title V operating permit program requirements on August 4, 2015. The 

EPA returned to LDEQ sections 507.H.4 and 507.H.5.d. due to their association with the title V 

operating permit program requirements on February 2, 2016.

G. November 9, 2007, Submittal

On November 9, 2007, the LDEQ submitted the 2006 General revisions to the SIP. This SIP 

submittal incorporated revisions to the LAC during the year 2006 and revisions to the LAC not 

previously federally approved. It includes final revised regulation sections 501,504, 509, 513, 531, and 

607. The EPA is proposing action on sections 513.A.2. and 513.A.6. The EPA already approved section 

501, 504, 509, and 607 on November 5, 2015 (80 FR 68451). The EPA is not taking action and severing 

Section 513.A.1. (which references Section 531) and Section 531 regarding public notice. Those 

specific sections will be addressed in a separate action. 

H. August 14, 2009, Submittal
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On August 14, 2009, the LDEQ submitted the 2007 General revisions to the SIP. This SIP 

submittal incorporated revisions to the LAC during the year 2007 and includes revisions to the LAC not 

previously federally approved. It includes final revised regulation sections 501, 504, 505, 506, and 507 

contained in Chapter 5. It also includes final revised regulation sections 603, 605, 607, 613, and 615

contained in Chapter 6. The EPA is proposing action on section 501. The EPA already approved 

sections 504, 603, 605, 607, 613, and 615 on November 5, 2015 (80 FR 68451). The EPA already 

approved Section 506 on April 17, 2014, (79 FR 21631). The EPA returned Section 505 to LDEQ on 

February 2, 2016, because it addresses the Acid Rain Program Permitting Requirements, which is not a 

part of a SIP. The EPA returned section 507 to LDEQ on February 2, 2016, because it concerns the title 

V program which is not part of a SIP. 

I. August 29, 2013, Submittal

On August 29, 2013, the LDEQ submitted the 2008-2010 Volatile Organic Compounds Rule 

SIP Revision. This SIP submittal incorporated revisions to the LAC during the years 2008-2010 and 

includes revisions to final revised regulation section 523. The EPA is proposing action on section 523.

J. November 3, 2014, Submittal

On November 3, 2014, the LDEQ submitted the 2011-2013 Permit Rule revisions to the SIP. 

This SIP submittal incorporated revisions to the LAC during the years 2011-2012. It includes final 

revised regulation sections 211, 223, 317, 319, 501, 502, 503, 504, 523, 537, 601, 603, 605, 607, 615, 

619, and 2132. The EPA is proposing action on Sections 501, 502, 503, 504, 523, 601, 603, 605, 607, 

615, and 619. The LDEQ withdrew Sections 211 and 223 from SIP consideration by letter on December 

2, 2015. The EPA is not acting on Sections 317, 319, and 2132 because this action only addresses 

Chapters 5 and 6. The EPA is not taking action on Section 537 (AQ286) and revised citation 

501.B.2.d.i.(a) (AQ270) because the original 2008-2010 rule revision containing these sections was 

never submitted to the EPA. The EPA is not taking action and is severing Section 501.B.1.d. at this 

time. 

K. Summary of Pending SIP Submittals Addressed in this Action

Table 3 below contains a summary of each regulation discussed above that is affected.

Table 3 - Summary of Each Regulation That is Affected by This Action

Section Date Submitted to 

EPA as SIP 

Amendment

Affected Regulation

Section 501 – Scope and Applicability

Section 501.A. 11/15/1993 Sections 501.A.1. and A.2., 

Section 501.B. 11/15/1993 Sections 501.B.1.a., B.1.b., 

B1.c.., B.2., B.3., B.4., 

B.5., B.6., and B.7.

11/10/1994 Sections 501.B.5.A and 

501.B.5.B

6/22/1998 Sections 501.B.3.c. and 

501.B.3.d.

6/27/2003 Section 501.B.5
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Section Date Submitted to 

EPA as SIP 

Amendment

Affected Regulation

5/5/2006 Sections 501.B.5, 501.B.32, 

and 501.D.a.-d.

11/3/2014 Sections 501.B.1.c., 

501.B.1.e., 501.B.4.a.i., 

501.B.5. Table 1, and 

501.B.8.

Section 501.C. 11/15/1993 Sections 501.C.1., C.2., 

C.3., C.4., C.5., C.6., C.7., 

C.8., and C.9.

5/5/2006 Section 501.C.1.

11/9/2007 Sections 501.C.11, C.12., 

C.13.

8/14/2009 Section 501.C.1.

Section 502 – Definitions

Section 502 11/15/1993 Section 502 Definitions

Clean Air Act, EPA, Final 

Permit, Fugitive Emissions, 

Permit Revision, Permit 

Renewal, Permitting 

Authority, Potential to 

Emit, Proposed Permit, 

Stationary Source, 

Portions of definitions as 

outlined in Technical 

Support Document for: 

Emissions Unit, Regulated 

Air Pollutant, Responsible 

Official, and title I 

Modification

11/3/2014 Section 502.A. Definitions

Nonroad Engine

Section 503 – Minor Source Permit Requirements

Section 503.A. 11/15/1993 Section 503.A.

Section 503.B. 11/15/1993 Sections 503.B., 503.B.1., 

503.B.2., 503.B.3.

11/3/2014 503.B.2.

Section 504 – Nonattainment New Source Review (NNSR) Procedures and Offset Requirements in Specified 

Parishes

504.A. 11/3/2014 Sections 504.A.2., 

504.A.3., 504.A.4. 

504.D. 11/3/2014 Section 504.D.5.

504.F. 11/3/2014 Sections 504.F.1., 504.F.2.

504.M. 11/3/2014 Sections 504.M.., 504.M.1., 

504.M.2.a.-c., 504.M.3., 

and 504.M.4

Section 511 – Emission Reductions
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Section Date Submitted to 

EPA as SIP 

Amendment

Affected Regulation

Section 511 11/15/1993 Section 511

Section 513 – General Permits, Temporary Sources, and Relocation of Portable Facilities

Section 513.A. 11/15/1993 Sections 513.A.2., 

513.A.3., 513.A.4., 

513.A.5.

11/9/2007 Section 513.A.2., 513.A.6.

Section 513.B. 11/15/1993 Sections 513.B.1., B.2., 

B.3., B.4.

Section 513.C. 11/15/1993 Sections 513.C.1., 513.C.2., 

513.C.3.

Section 515 – Oil and Gas Wells and Pipelines Permitting Provisions

Section 515 11/15/1993 Section 515

Section 515.A. 11/15/1993 Sections 515.A.1., 515.A.2, 

515.A.3., 515.A.4, 515.A.5.

Section 515.B. 11/15/1993 Sections 515.B.1., 515.B.2

Section 517 – Permit Applications and Submittal of Information

Section 517.A. 11/15/1993 Sections 517.A., 517.A.1., 

517.A.2., 517.A.3. 

6/22/1998 Section 517.A.3.

Section 517.B. 11/15/1993 Sections.517.B., 517.B.1., 

517.B.2., and 517.B.3.

Section 517.C. 11/15/1993 Sections.517.C.

Section 517.D. 11/15/1993 Sections.517.D., 517.D.1, 

517.D.2., 517.D.3., 

517.D.4., 517.D.5., 

517.D.6., 517.D.7., 

517.D.8, 517.D.9., 

517.D.10., 517.D.11., 

517.D.12., 517.D.13., 

517.D.14., 517.D.15., 

517.D.16., 517.D.17., and 

517.D.18.

Section 517.E. 11/15/1993 Sections.517.E., 517.E.1., 

517.E.2., 517.E.3., 

517.E.4., 517.E.5., 

517.E.6., 517.E.7., and 

517.E.8.

Section 517.F. 11/15/1993 Sections.517.F., 517.F.1., 

517.F.2., 517.F.3., 517.F.4., 

517.F.5., 517.F.6., 517.F.7., 

and 517.F.8.

11/10/1994 Section 517.F.1.

7/25/1997 Section 517.F.

Section 517.G. 11/15/1993 Sections.517.G.

5/5/06 Section 517.G.

Section 519 – Permit Issuance Procedures for New Facilities, Initial Permits, Renewals and Significant 

Modifications
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Section Date Submitted to 

EPA as SIP 

Amendment

Affected Regulation

Section 519.A. 11/15/1993 Sections 519.A., 519.A.1., 

519.A.2., 519.A.3., and 

519.A.4.

Section 519.B. 11/15/1993 Sections 519.B., 519.B.1. 

and 519.B.2.

Section 521 – Administrative Amendments

Section 521.A. 5/5/06 Section 521.A.3.

11/10/1994 Section 521.A.6.

Section 523 – Procedures for Incorporating Test Results

Section 523.A. 11/15/1993 Sections 523.A.1. and A.2.

11/3/2014 Section 523.A.1.b.

Section 523.B. 11/15/1993 Sections 523.B.1., B.2., 

B.3., and B.4.

8/29/2013 Sections 523.B.3. 523.B.4., 

and 523.B.5.

Section 525 – Minor Modifications

Section 525.A. 11/15/1993 Sections 525.A., 525.A.1., 

525.A.2., 525.A.3.

Section 525.B. 11/15/1993 Sections 525.B., 525.B.1. 

and 525.B.2.

Section 527 – Significant Modifications

Section 527.A. 11/15/1993 Sections 527.A., 527.A.1., 

527.A.2., and 527.A.3.

11/10/1994 Sections 527.A.2., 

527.A.2.c.

Section 527.B. 11/15/1993 Sections 527.B., 527.B.1., 

527.B.2., 527.B.3., 

527.B.4., and 527.B.5.

11/10/1994 Section 527.B.

Section 529 – Reopenings for Cause

Section 529.A. 11/15/1993 Sections 529.A., 529.A.1. 

and 529A.2.

Section 529.B. 11/15/1993 Sections 529.B., 529.B.1., 

529.B.2., 529.B.3., and 

529.B.4.

Section 601 - Purpose

Section 601.A. 11/3/2014 Section 601.A.

Section 603 – Applicability

Section 603.A. 11/3/2014 Section 603.A.

Section 603.B. 11/3/2014 Section 603.B.

Section 605 - Definitions

Section 605.A. 11/3/2014 Section 605.A. Definitions 

Bankable Emission 

Reductions and Offset,

Repealed Definitions - Base 

Case Inventory, Base Line

Inventory, Current Total 
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Section Date Submitted to 

EPA as SIP 

Amendment

Affected Regulation

Point-Source Emissions 

Inventory, Modeled 

Parishes

Section 607 – Determination of Creditable Emission Reductions

Section 607.C. 11/3/2014 Sections 607.C., 607.C.1. 

and 607.C.4.

Section 615 – Schedule for Submitting Applications

Section 615.B. 11/3/2014 Section 615.B.

Section 619 – Emission Reduction Credit Bank

Section 619.A. 11/3/2014 Section 619.A.

III. Technical Evaluation of the Louisiana Permit Procedures SIP Submittals.

The SIP submittals modify the Louisiana Administrative Code 33:III, Chapter 5 Air Permit 

Procedure regulations and Chapter 6 Regulations on Control of Emissions through the Use of Emission 

Reduction Credits (ERC) Banking. EPA evaluated the rules changes for compliance with the relevant 

requirements of the Act and Title 40 of the Code of Federal Regulations (40 CFR) part 51 –

Requirements for Preparation, Adoption, and Submittal of Implementation Plans. These requirements 

include, but are not limited, to the following:

1. §110(a)(2)(C) of the Act which provides:

(C) include a program to provide for the regulation of the modification and construction of any 

stationary source within the areas covered by the plan as necessary to assure that NAAQS are 

achieved, including a permit program as required in parts C and D;

2. §110(l) of the Act which provides:

(l) Plan Revisions. – Each revision to an implementation plan submitted by a State under this 

chapter shall be adopted by such State after reasonable notice and public hearing. The 

Administrator shall not approve a revision of a plan if the revision would interfere with any 

applicable requirement concerning attainment and reasonable further progress (as defined in 

section 171), or any other applicable requirement of the chapter.

3. §173 of the Act in this action which provides:

(a) & (c) Submission of information necessary to regulate emissions for major sources regarding 

maintenance and improvement of non-attainment areas through the use of ERC Banking.

4. 40 CFR Subpart 51.160 – Legally enforceable procedures. The regulatory text of 40 CFR 

Subpart 51.160 is available on line at Electronic Code of Federal Regulations: 

http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&sid=07e214c52bbfc82a2781e3e14c7616ca&rgn=div8&view=text&node=40:2.0.1.

1.2.6.8.1&idno=40

5. 40 CFR Subpart 51.161 – Public availability of information. The regulatory text of 40 CFR 

Subpart 51.161 is available on line at Electronic Code of Federal Regulations: 

http://ecfr.gpoaccess.gov/cgi/t/text/text-
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idx?c=ecfr&sid=07e214c52bbfc82a2781e3e14c7616ca&rgn=div8&view=text&node=40:2.0.1.

1.2.6.8.2&idno=40

6. 40 CFR Subpart 51.165 – Permit requirements. The regulatory text of 40 CFR Subpart 51.165 is 

available on line at Electronic Code of Federal Regulations: 

http://ecfr.gpoaccess.gov/cgi/t/text/textidx?c=ecfr&sid=feed49ec24fac67402c2bf6fa403850d&rgn=div8&view=text&node=40:2.0.1.1.

2.6.8.6&idno=40.

7. Other applicable requirements of the Act, 40 CFR part 51, and applicable policy and guidance 

will be identified in the evaluation where appropriate.

8. 40 CFR 51.230(d). Requirements for all plans. The regulatory text of 40 CFR 51.230(d) is 

available on line at Electronic Code of Federal Regulations: http://www.ecfr.gov/cgibin/retrieveECFR?gp=&SID=dadd1aa10a18d5135f902665a5a22d80&n=40y2.0.1.1.2&r=PAR

T&ty=HTML#40:2.0.1.1.2.9.8.1.

Specifically, the identified severable portions of each submittal is first reviewed for 

completeness as a SIP submittal under Part 51, Appendix V, and is then compared with the general 

requirements for SIP preparation, adoption and submittal at 40 CFR Part 51. Finally, the submittals are

reviewed with respect to section 110(l) of the CAA to determine whether the proposed revisions 

interfere with any applicable CAA provisions. These analyses have resulted in the preparation of a 

written technical evaluation which supports our determination in the FR to approve these SIP submittals.

A. Part 51, Appendix V Evaluation of the SIP Submittal

The criteria for a completeness determination is found in Appendix V to Part 51 - Criteria for 

determining the completeness of plan submissions and are outlined below: 

1.0 Purpose: Appendix V sets forth the minimum criteria for determining whether a State

implementation plan submitted for consideration by the EPA is an official submission for 

purposes of review under § 51.103. 

1.1 The EPA shall return to the submitting official any plan or revision thereof which fails to meet 

the criteria set forth in this appendix V, and request corrective action, identifying the 

component(s) absent or insufficient to perform a review of the submitted plan.

1.2 The EPA shall inform the submitting official whether or not a plan submission meets the 

requirements of this appendix V within 60 days of the EPA's receipt of the submittal, but no later 

than 6 months after the date which the State was required to submit the plan or revision. If a 

completeness determination is not made by 6 months from receipt of a submittal, the submittal 

shall be deemed complete by operation of law on the date 6 months from receipt. A 

determination of completeness under this paragraph means that the submission is an official 

submission for purposes of §51.103.

The checklist below outlines the basic criteria included under 2.1 and 2.2 of Appendix V that 

will be used for reviewing the ten SIP Submittals as discussed in Section II. 
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Administrative Materials (2.1)

1. The package is sent with a formal submittal letter from the Governor or his or her designee 

requesting the EPA's approval of the revision.

The ten SIP revisions were submitted by letters from Governor Edwin Edwards, dated November 

15, 1993, and November 10, 1994, Secretary’s Mike Foster, Peggy Hatch, Mike McDaniel, of the 

LDEQ, dated July 25, 1997, June 22, 1998, June 27, 2003, May 5, 2006, November 9, 2007, 

August 14, 2009, August 29, 2013, and November 3, 2014. 

2. Evidence is included that the State has adopted the revision in the State code or body of 

regulations, or that the State has issued the permit, order, consent agreement (hereafter 

document) in final form. This evidence would include the date of adoption or final issuance and 

the effective date of revision, if different from adoption/issuance date.

The rules were adopted into the Louisiana Administrative Code as confirmed in the submittal 

cover letters listed in No. 1 above. 

3. Evidence is included that the State has necessary legal authority under State law to adopt and 

implement the revision, e.g., a citation of the appropriate State authority.

The authority to adopt and implement the revisions is the Louisiana Environmental Quality Act, 

R.S. 30:2001 et seq., and in accordance with the provisions of the Administrative Procedures 

Act, R.S. 49:950 et seq.

4. A copy is included of the actual regulation or document submitted for approval and incorporation 

by reference into the SIP including an indication of the changes made to the existing approved 

plan where applicable. The submittal shall be a copy of the official State regulation document 

signed, stamped, and dated by the appropriate State official indicating that it is fully enforceable 

by the State. The effective date of the regulation document shall, whenever possible, be 

indicated in the document itself.

The individual cover letters accompanying each submittal requests the EPA take action. 

5. Evidence is included that the State followed all the procedural requirements of its laws and/or its 

constitution in the conducting and completing the adoption/issuance of the plan. 

The SIP submittal packages included a certification demonstrating the SIP submittals were 

developed pursuant to 40 CFR Part 51, Appendix V. 

6. Evidence is included that public notice was given of the proposed changes consistent with the 

procedures approved by the EPA, including the date of publication of such notice, (e.g.,

notarized or certified copies of any public notices published in newspapers). (The notice should 

be at least 30 days prior to the public hearing(s).
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All SIP submittals contained copies of the respective public notices that were published in 

Louisiana newspapers. 

7. A certification is included indicating that public hearing(s) was/were held in accordance with the 

information provided in the public notice(s) and the State's laws and constitution, if applicable.

All the submittals contained a copy of the public notice of the applicable public hearings

associated with the individual rulemakings.

8. A compilation of public comments and the State's response is included.

The SIP submittal packages included a compilation of comments received on each individual 

package and the State’s response to comments. 

Technical Support (2.2)

The State should include the following technical information in its SIP revision request package.

1. Identification of all regulated pollutants affected by the revision is included.

The SIP submittals address general revisions to the Air Permit Procedures and Control of ERC 

Banking in Louisiana - therefore the SIP revision has the potential to address all regulated 

pollutants.

2. Identification of the locations of affected sources including the EPA attainment/nonattainment 

designation of the locations and the status of the attainment plan for the affected area(s) is 

included.

The provisions contained in Chapter 5 and Chapter 6 can be applied statewide to those affected

sources seeking either a major nonattainment or minor NSR construction permit. The provisions 

in Chapter 6 can be applied statewide to those affected sources seeking a major nonattainment 

NSR construction permit.

3. Quantification of the changes in SIP allowable emissions from the affected sources is included. 

(Examples include estimates of changes in current actual emissions from affected sources and/or, 

where appropriate, quantification of changes in actual emissions from affected sources through 

calculations of the differences between certain baseline levels and allowable emissions 

anticipated if the revisions were approved.)

The provisions for the Louisiana construction permitting program do not need to include 

quantification of the changes in SIP allowable emissions from the affected sources. The 

mechanics of the construction permitting process as demonstrated in section VI of the TSD as 
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well as the information provided as a basis for the 110(l) analysis ensure appropriate amounts of 

permitted emissions are approved. 

4. Demonstration is included that the NAAQS/PSD increments/RFP demonstration and visibility as 

applicable would be protected if the revision were approved and implemented.

We have determined that the regulations submitted to the EPA for approval as SIP revisions 

meet the requirements of CAA section 110(l). The EPA’s conclusion is based on the evaluation of 

the Louisiana SIP submittals including a line-by-line comparison of the proposed revisions with 

the federal requirements. This evaluation is contained in the individual tables for each 

regulatory section and is found in section VI of the TSD. The comparison demonstrates that the 

changes made to the Louisiana rules reflect either the same regulatory language, or are 

consistent with the requirements found in the federal rules. Further, the Additional Comments to 

the table contained in section VI for the proposed revisions to section 501 in the TSD contains 

supporting technical documentation establishing in detail a CAA section 110(l) analysis 

regarding the tables of Insignificant Activities defined in section 501.

5. FOR REDESIGNATIONS:

a. Is there a fully approved maintenance plan for the primary ambient air quality standards 

for at least 10 years as required by §175A of the Clean Air Act?

Not applicable.

b. Are contingency measures included?

Not applicable.

6. Modeling information, if applicable, is required to support the proposed revision. 

Modeling is not specifically required by the rules for minor source air permitting activities or 

major nonattainment source air permitting activities. However both source programs must be 

protective of the NAAQS and the increments. Should construction activities result in increased 

emissions triggering major thresholds under PSD or NNSR, then the permittee is required to 

following major permitting requirements including assessing and incorporating proper control 

technology and submittal of appropriate modeling under the SIP approved program and the 

CAA.

7. Evidence is included where necessary, that emission limitations are based on continuous 

emission reduction technology (e.g., add-on controls, industrial/process equipment designs, 

reformulated materials, etc.).
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The proposed rules requires facilities to meet minimum minor NSR and major nonattainment 

NSR requirements found in the CAA as identified in LAC Chapters 5 and 6 for construction air 

permits. 

8. Evidence is included indicating that a SIP revision contains emission limitations, work practice 

standards, and recordkeeping/reporting requirements to ensure stated emission levels.

Each individual issued NSR construction permit will include separate emission limitations, work 

practice standards, and recordkeeping/reporting requirements sufficient to ensure permitted 

emission levels. The provisions contained in 33 LAC Chapter 5 specifically address general and 

special conditions such as establishing emission limits, as well as monitoring, recordkeeping, 

and reporting, that must be included in permits issued under this Part.

9. Compliance/enforcement strategies including how compliance will be determined in practice 

(including at what frequency).

Compliance/enforcement of the NSR permitting program will be determined on a permit-bypermit basis in accordance with the monitoring, recordkeeping, and reporting requirements set 

out in this Part. 

10. As appropriate, special economic and technological justifications are included per applicable 

EPA policies or an explanation why such justifications are not necessary should be included. For 

example, requests for alternative RACT may require such justification.

These justifications are not necessary for this SIP revision.

The SIP submittals identified in the cover letters identified above, (Rule Project No. EPA-R06-

OAR-2014-0821) meets the completeness criteria by operation of law as established in 40 CFR Part 51, 

Appendix V.

B. Do the State’s Submittals Meet the Applicable Federal Requirements?

We are proposing to approve the Louisiana Air Permits State Program, as submitted by Louisiana in

33.III LAC Chapter 5 – Control of Air Pollution by Permits for New Construction or Modification and 

33.III LAC Chapter 6 – Regulations on Control of Emissions through the Use of Emission Reduction 

Credits (ERC) Banking because it meets provisions of the Act and the EPA’s NSR regulations. 

C. EPA’s Evaluation of the Chapter 5 Permit Procedures and Chapter 6 Regulations on 

Control of Emissions through the Use of Emission Reduction Credits (ERC) Banking -

General Description of the Annotation and Evaluation of the Regulations.
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This Section includes additional information of each rule, including a cross-walk for each rule, 

with an underlined and strikethrough annotation documenting how the rule has changed with each 

submitted amendment. The evaluation of each regulation is organized as follows:

1. Background. This section includes a chronology of the current SIP and each amendment 

that was submitted to the EPA for SIP approval, as well as defines the proposed action.

2. Evaluation Matrix. This section includes a table which sets forth the text of each 

submitted SIP amendment, and an annotation of the changes of each SIP amendment. 

The revised text is annotated as follows:

 New text is underlined and

 Deleted text is struck out.

 Ellipsis (...) indicates an omission of text in the rule that was not submitted to the 

EPA for consideration in the SIP package.

The right hand column includes any discussion and evaluation. Any extended comments 

are included in either:

 Section III, following the evaluation matrix, as “additional comments” which 

follows the matrix; or

 As discussed in the body or the TSD as identified in the right-hand column of the 

Table.

3. Additional Comments. When necessary, this section includes additional comments 

related to the EPA’s evaluation of the provision, including any extended comments 

related to information in the right hand column of the evaluation matrix.

IV. Conclusion

Based upon our evaluation of the submittals, the EPA has concluded that the submittals as 

ultimately revised meet the requirements of the CAA section 110(a).

The nonattainment NSR analysis found that May 20, 2012 and November 20, 2012 adopted 

revisions to the NNSR program, submitted on November 3, 2014 revised the program to address all 

nonattainment area pollutants and was necessary to ensure the Louisiana NNSR offset bank is able to be 

used in future instances where the state is designated nonattainment for other criteria pollutants. Prior to 

this action, the EPA proposed full approval of the major PSD and NNSR permitting program update, (80 

FR 50240), specifically those NNSR requirements submitted prior to November 3, 2014. That action 

was finalized on November 5, 2015 (80 FR 68451).

The minor NSR analysis found the adopted revisions listed in this notice revise the program to 

address requirements that strengthen the SIP. These changes 1) define insignificant activities that will 

not require permitting; 2) correct contradictory language in the insignificant activities list; 3) provide 
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edits to the Permit Procedure Rule as requested by the EPA; 4) include procedures for incorporating test 

results; 5) unify and streamline name and ownership changes for all media; and 6) revise references to 

various LDEQ divisions. All of these changes will help to ensure that the LA minor NSR rules to meet 

the CAA requirements.

1. Background on LAC 33:III.501. Scope and Applicability

A. Current SIP. This section is currently SIP-approved. The current SIP was approved 

March 8, 1989 (54 09795) at 52.970(c)(49) effective May 8, 1989; as promulgated by 

LDEQ December 1987 (LR 13.741).

B. Submitted Revisions to LAC 33:III.501 Reviewed in this Action.

 On November 15, 1993, Louisiana submitted revisions.

 On November 10, 1994, Louisiana submitted revisions.

 On June 22, 1998, Louisiana submitted revisions. 

 On June 27, 2003, Louisiana submitted revisions.

 On May 5, 2006, Louisiana submitted revisions. 

 On November 9, 2007, Louisiana submitted revisions.

 On August 14, 2009, Louisiana submitted revisions.

 On November 3, 2014, Louisiana submitted revisions.

C. Proposed Action:

• Approval of the LAC 33:III.501.

2. Evaluation Matrix.

Section Annotations of Submitted Revisions to §501 Comments

§501 Scope and Applicability

§501.A. Current SIP

Authority

Pursuant to the provisions of La. R. S. 

30:1065 concerning the administrative 

authority’s power to develop facts consistent 

with the purposes of the Louisiana 

Environmental Quality Act, LAC 

33:III.111.505.

Under Review - Submitted 11/15/1993

Authority

Pursuant to the provisions of La. R. S. 

30:1065 concerning the administrative 

authority’s power to develop facts 

consistent with the purposes of the 

Louisiana Environmental Quality Act, LAC 

33:III.111.505.

Applicability. The provisions of this 

Chapter apply to the owner and operator of 

any source which emits or has the potential 

to emit any air contaminant in the state of 

Louisiana.

1. Such sources shall include, but are not 

limited to:

a. any major source as defined herein;

b. any nonmajor (area) source of 

hazardous air pollutants required to 

obtain an operating permit pursuant to 

regulations promulgated under section 

112 of the federal Clean Air Act;

Approval for the 

introductory 

paragraph, 1.a.,

portion of 501.A.1.c. 

(not in italics)., 1.e, 

and 2. Meets 

51.160(b) for 

establishing permit 

application 

requirements for a 

NSR review permit 

program.

.

EPA returned 

Sections 501.A.1.b 

and 501.A.1.d.on 

8/4/15, and a portion 

of 501.A.1.c. (or to 

other regulations 

promulgated under 

section 112 of the 
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Section Annotations of Submitted Revisions to §501 Comments

c. any nonmajor (minor) source required 

to obtain an air quality permit pursuant to 

this Chapter or to other regulations 

promulgated under section 112 of the 

federal Clean Air Act;

d. any affected source, as defined herein, 

pursuant to the acid rain provisions of 

title IV of the federal Clean Air Act;

e. any solid waste incineration unit 

required to obtain a permit pursuant to 

section 129(e) of the federal Clean Air 

Act.

2. Program-specific permitting 

requirements pertaining to certain air 

quality control programs are addressed in 

the chapter which provides the control 

requirements of the program or in relevant 

subsections under this Chapter.

federal Clean Air 

Act) on 2/2/16, since 

they pertain to the

title V operating 

permit program and 

the MACT program, 

respectively and are

therefore not part of 

the SIP submission.

§501.B Under Review - Submitted 11/15/1993

B. Exemptions and Special Provisions.

1. General Exemptions. The requirement to 

obtain a permit in accordance with this 

Chapter does not apply to:

a. activities conducted on residential 

property, unless such activities constitute 

a Part 70 source under LAC 

33:III.507.A.1;

b. the distribution or application of 

pesticides;

c. mobile sources such as automobiles, 

trucks, and aircraft; or

d. any upset, as defined in LAC 

33:III.507.J.1; however, the permitting 

authority shall be advised of such 

occurrences without delay, in accordance 

with all applicable upset or emergency 

provisions of Louisiana Air Quality 

regulations and of LAC 33.I. Chapter 39.

Under Review - Submitted 11/3/2014

B. Exemptions and Special Provisions.

1. General Exemptions. The requirement to 

obtain a permit in accordance with this 

Chapter does not apply to:

a. activities conducted on residential 

property, unless such activities constitute 

a Part 70 source under LAC 

33:III.507.A.1;

b. the distribution or application of 

pesticides;

c. mobile sources such as automobiles, 

trucks, and aircraft; or

d. any upset, as defined in LAC 

33:III.507.J.1; however, the permitting 

authority shall be advised of such 

occurrences without delay, in accordance 

with all applicable upset or emergency 

provisions of Louisiana Air Quality 

regulations and of LAC 33.I. Chapter 39.;

or

e. a nonroad engine, as defined in LAC 

33:III.502.A.

Approval for 

Sections 501.B.1.a., 

B.1.b., B.1.c., and 

B.1.e. Meets 

51.160(e) - State 

agencies are provided 

latitude to define the 

types and sizes of 

facilities, buildings, 

structures, or 

installations subject 

to review. This 

section is a part of a 

definition for de 

minimis levels of 

minor source 

emissions that is 

exempted from 

obtaining an air 

permit.

When making this 

approval decision, 

EPA considered that 

LDEQ would not 

normally use their 

minor source 

permitting program 

to permit burning of 

most agricultural byproducts. However, 

should this type of 

burning activity 

result in a nonattainment event,

LDEQ could not 

define it as an 

“exceptional event” 

because LDEQ does 
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Section Annotations of Submitted Revisions to §501 Comments

not have the ability to 

regulate agricultural 

burning or to ensure 

best management 

practices are in place. 

Further, LDEQ does 

not have areas that 

are designated or 

nearing designation 

of PM2.5 nonattainment areas.

The EPA is severing 

Section 501.B.1.d., 

“d. any upset, as 

defined in LAC 

33:III.507.J.1; 

however, the 

permitting authority 

shall be advised of 

such occurrences 

without delay, in 

accordance with all 

applicable upset or 

emergency 

provisions of 

Louisiana Air 

Quality regulations 

and of LAC 33.I. 

Chapter 39.”; and 

therefore not taking 

action on this 

provision at this time.

Under Review - Submitted 11/15/1993

2. Statutory Exemptions. The requirement to obtain a permit in accordance with this 

Chapter does not apply to:

a. air quality conditions existing solely within the property boundaries of commercial and 

industrial plants;

b. controlled burning of agricultural by-products in the field or of cotton gin agricultural 

wastes; or

c. controlled burning in connection with timber stand management, or of pastureland or 

marshland in connection with trapping or livestock production.

Approval. Meets 

51.160(e) - State 

agencies are provided 

latitude to define the 

types and sizes of 

facilities, buildings, 

structures, or 

installations subject 

to review. This 

section is a part of a 

definition for de 

minimis levels of 

minor source 

emissions that is 

exempted from 

obtaining an air 

permit. When 

making this approval 

decision, EPA 

considered that 

LDEQ would not 

normally use their 

minor source 
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Section Annotations of Submitted Revisions to §501 Comments

permitting program 

to permit burning of 

most agricultural byproducts. However, 

should this type of 

burning activity 

result in a nonattainment event, 

LDEQ could not 

define it as an 

“exceptional event” 

because LDEQ does 

not have the ability to 

regulate agricultural 

burning or to ensure 

best management 

practices are in place. 

Further, LDEQ does 

not have areas that 

are designated or 

nearing designation 

of PM2.5 nonattainment areas.

§501.B Under Review – Submitted 11/3/2014

B. Exemptions and Special Provisions

B.2.d.i.(a). five tons per year for each criteria pollutant as defined by the Clean Air Act;

No action. This 

section was never 

formally submitted to 

EPA for SIP 

inclusion prior to this 

submittal although it 

and the preceding 

regulatory citations, 

LAC 33:III.501.B.2.d 

(i-iii) were 

promulgated on 

November 20, 2009. 

LDEQ indicated that 

the original rule’s 

submission status 

(known as “Permit 

Rules 2008-2010”) 

on their web site is 

“pending”. EPA will 

take no action on this 

citation at this time.
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Section Annotations of Submitted Revisions to §501 Comments

§501.B Under Review - Submitted 11/15/1993

3. Source Category Exemptions. No nonmajor source will be required to obtain a permit 

under this Chapter solely because it is a regulated source under one or more of the following:

a. 40 CFR 61.145 – NESHAP for Asbestos, Standard for Demolition and Renovation;

b. LAC 33.III.5151 – Emission Standard for Asbestos;

Approval. Meets 

51.160(e) - State 

agencies are provided 

latitude to define the 

types and sizes of 

facilities, buildings, 

structures, or 

installations subject 

to review. This 

section is a part of a 

definition for de 

minimis levels of 

minor source 

emissions that is 

exempted from 

obtaining an air 

permit.

§501.B Under Review - Submitted 11/15/1993

3.c. 40 CFR Part 60 AAA – Standards for 

Performance for New Residential Wood 

Heaters;

d. LAC 33.III.3795 – Standards of 

Performance for New Residential Wood 

Heaters; or

e. regulations promulgated pursuant to the 

federal Clean Air Act under section 112(r)-

Prevention of Accidental Releases.

Under Review - Rev submitted 6/22/1998

3.c. 40 CFR Part 60 AAA – Standards of 

Performance for New Residential Wood 

Heaters.

d. LAC 33.III.3795 – Standards of 

Performance for New Residential Wood 

Heaters; or

ed. regulations promulgated pursuant to

in accordance with the federal Clean Air 

Act under Section 112(r) - Prevention of 

Accidental Releases.

Approval. Meets 

51.160(e) - State 

agencies are provided 

latitude to define the 

types and sizes of 

facilities, buildings, 

structures, or 

installations subject 

to review. This 

section is a part of a 

definition for de 

minimis levels of 

minor source 

emissions that is 

exempted from 

obtaining an air 

permit.

§501.B Under Review - Submitted 11/15/1993

4. Exemptions Granted by the Permitting 

Authority

a. The owner or operator of any source 

which is not a major source may apply 

for an exemption from the permitting 

requirements of this Chapter provided 

each of the following criteria are met:

i. the source emits and has the potential 

to emit no more than five tons per year 

of any regulated air pollutant;

ii. the source emits and has the potential 

to emit less than the minimum emission 

rate listed in Table 51.1, LAC 

33:III.Chapter 51, for each Louisiana 

toxic air pollutant;

iii. no enforceable permit conditions are 

necessary to ensure compliance with 

any applicable requirement; and

iv. no public notice is required for any 

permitting or other activity at the 

source. 

Under Review – Submitted 11/3/2014

4. Exemptions Granted by the Permitting 

Authority

a. The owner or operator of any source 

which is not a major source may apply 

for an exemption from the permitting 

requirements of this Chapter provided 

each of the following criteria are met:

i. the source emits and has the potential 

to emit no more than five 5 tons per 

year of any regulated criteria air 

pollutant;

ii. the source emits and has the potential 

to emit less than the minimum emission 

rate listed in Table 51.1, LAC 

33:III.Chapter 51, for each Louisiana 

toxic air pollutant;

iii. no enforceable permit conditions are 

necessary to ensure compliance with

any applicable requirement; and

Approval. Meets 

51.160(e) - State 

agencies are provided 

latitude to define the 

types and sizes of 

facilities, buildings, 

structures, or 

installations subject 

to review. This 

section is a part of a 

definition for de 

minimis levels of 

minor source 

emissions that is 

exempted from 

obtaining an air 

permit.

Section 501.B.4.ii., 

“ii. the source emits 

and has the potential 

to emit less than the 
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b. Any source to which an exemption is 

granted under this Paragraph shall be 

operated in accordance with any terms 

stated in the exemption and upon which the 

decision to grant the exemption was based. 

Failure to operate the source in accordance 

with the terms of the exemption may 

terminate such exemption and shall 

constitute a violation of the general duty to 

operate under a permit established pursuant 

to Subsection C of this Section.

iv. no public notice is required for any 

permitting or other activity at the 

source. 

b. Any source to which an exemption is 

granted under this Paragraph shall be 

operated in accordance with any terms 

stated in the exemption and upon which 

the decision to grant the exemption was 

based. Failure to operate the source in 

accordance with the terms of the 

exemption may terminate such 

exemption and shall constitute a violation 

of the general duty to operate under a 

permit established pursuant to Subsection 

C of this Section.

minimum emission 

rate listed in Table 

51.1, LAC 

33:III.Chapter 51, 

for each Louisiana 

toxic air pollutant;”, 

in italics, is not part 

of the SIP 

submission because it 

pertains to the title V 

permitting program. 

The rule citation was

returned to LDEQ on 

8/4/2015.

§501.B

..

Under Review - Submitted 11/15/1993

5. Permit Exempt List. The permitting 

authority shall develop a permit exempt list 

which shall be proposed and adopted by 

rulemaking consistent with the 

Administrative Procedure Act, R.S. 49:950 

et seq. By such listing, the permitting 

authority may exempt certain sources or 

types of sources from the requirement to 

obtain a permit under this Chapter, 

provided upon investigation it is 

determined by the permitting authority that 

the source or source type will not 

significantly affect air quality. The 

permitting authority shall obtain the 

approval of the administrator, in 

accordance with 40 CFR Part 70, for the 

administrator, in accordance with 40 CFR 

Part 70, for the listing of any source which 

might otherwise be regulated thereunder.

Under Review Rev Submitted 11/10/1994, 

6/27/2003 and subsumed by 5/05/2006

5. Permit Exempt List. The permitting 

authority shall develop a permit exempt list 

which shall be proposed and adopted by 

rulemaking consistent with the 

Administrative Procedure Act, R.S. 49:950 

et seq. By such listing, the permitting 

authority may exempt certain sources or 

types of sources from the requirement to 

obtain a permit under this Chapter, 

provided upon investigation it is 

determined by the permitting authority that 

the source or source type will not 

significantly affect air quality. The 

permitting authority shall obtain the 

approval of the administrator, in 

accordance with 40 CFR Part 70, for the 

administrator, in accordance with 40 CFR 

Part 70, for the listing of any source which 

might otherwise be regulated thereunder.

5. Insignificant Activities List. Those 

activities listed in the following table are 

approved by the permitting authority as 

insignificant on the basis of size, emission 

or production rate, or type of pollutant. By 

such listing, the permitting authority 

exempts certain sources or types of sources 

from the requirement to obtain a permit 

under this Chapter unless it is determined 

by the permitting authority on a sitespecific basis that any such exemption is 

not appropriate. The listing of any activity 

or emission unit as insignificant does not 

authorize the maintenance of a nuisance or 

a danger to public health or safety. Any 

activity for which a federal applicable 

requirement applies is not insignificant, 

even if the activity meets the criteria below. 

For the purpose of permitting requirements 

under LAC 33:III.507, no exemption listed 

Approval. Meets 

51.160(e). State 

agencies are provided 

latitude to define the 

types and sizes of 

facilities, buildings, 

structures, or 

installations subject 

to review. This 

section is a part of a 

definition for de 

minimis levels of 

minor source 

emissions that is 

exempted from 

obtaining an air 

permit. See 

discussion on 

Insignificant 

Activities List in the 

Additional 

Comments Section of 

LAC 33:III.501.

The sentence in 

italics, “For the 

purpose of permitting 

requirements under 

LAC 33:III.507, no 

exemption listed in 

the following table 

shall become 

effective until 

approved by the 

administrator in 

accordance with 40 

CFR Part 70” is 

related to title V 

operating permit 

program exclusively 

and is therefore not 

part of the SIP 
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in the following table shall become 

effective until approved by the 

administrator in accordance with 40 CFR 

Part 70. For purposes of the insignificant 

activities listed in this Paragraph, aggregate 

emissions shall mean the total emissions 

from a particular insignificant activity or 

group of similar insignificant activities 

(e.g., A.1, A.2, etc.) within a permit per 

year.

submission. The 

sentence was 

returned to the 

LDEQ on 2/2/16.

§501.B Under Review Rev Submitted 11/10/1994 

and subsumed by 6/27/2003

Insignificant Activities List

A. Based on Size or Emission Rate

Permit applications submitted under 

Subsection A of this Section for 

sources that include any of the 

following emissions units, operations,

or activities must either list them as 

insignificant activities or provide the 

information for emissions units as 

specified under LAC 33:III.517:

1. External combustion equipment 

with a design rate greater than or 

equal to 1 million BTU per hour, but 

less than or equal to 10 million BTU 

per hour, provided that the aggregate 

emissions from all such units listed as 

insignificant do not exceed five tons 

per year;

2.storage tanks less than 250 gallons 

storing organic liquids having a true 

vapor pressure less than or equal to 

3.5 psia, provided that the aggregate 

emissions from all such organic liquid 

storage tanks listed as insignificant do 

not exceed five tons per year, do not 

exceed any Minimum Emission Rate 

listed in LAC 33:III. Chapter 51, 

Table 51.1, and do not exceed any 

hazardous air pollutant de minimis 

rate established pursuant to section 

112(g) of the federal Clean Air Act; 

3. storage tanks less than 10,000 

gallons storing organic liquids having 

a true vapor pressure less than 0.5 

psia, provided that the aggregate 

emissions from all such organic liquid 

storage tanks listed as insignificant do 

not exceed five tons per year, do not 

exceed any Minimum Emission Rate 

listed in LAC 33:III.Chapter 51, 

Table 51.1, and do not exceed any 

hazardous air pollutant de minimis 

rate established pursuant to section 

112(g) of the federal Clean Air Act.

Under Review Submitted 11/3/2014

Table 1. - Insignificant Activities 

List

A. Based on Size or Emission Rate

Permit applications submitted under 

Subsection A of this Section for 

sources that include any of the 

following emissions units, operations, 

or activities must either list them as 

insignificant activities or provide the 

information for emissions units as 

specified under LAC 33:III.517:

1. Eexternal combustion equipment 

with a design rate greater than or 

equal to 1 million BTU btu per hour, 

but less than or equal to 10 million 

BTU per hour, provided that the 

aggregate emissions from all such 

units listed as insignificant do not 

exceed five 5 tons per year;

2.storage tanks less than 250 gallons 

storing organic liquids having a true 

vapor pressure less than or equal to 

3.5 psia, provided that the aggregate 

emissions from all such organic liquid 

storage tanks listed as insignificant do 

not exceed five 5 tons per year, do not 

exceed any Minimum Emission Rate 

listed in LAC 33:III. Chapter 51, 

Table 51.1, and do not exceed any 

hazardous air pollutant de minimis 

rate established pursuant to section 

112(g) of the federal Clean Air Act; 

3. storage tanks less than 10,000 

gallons storing organic liquids having 

a true vapor pressure less than 0.5 

psia, provided that the aggregate 

emissions from all such organic liquid 

storage tanks listed as insignificant do 

not exceed five 5 tons per year of 

criteria or toxic pollutants, do not 

exceed any Minimum Emission Rate 

listed in LAC 33:III.5112Chapter 51, 

Table 51.1, and do not exceed any 

hazardous air pollutant de minimis 

Approval. Meets 

51.160(e) - State 

agencies are provided 

latitude to define the 

types and sizes of 

facilities, buildings, 

structures, or 

installations subject 

to review. This 

section is a part of a 

definition for de 

minimis levels of 

minor source 

emissions that is 

exempted from 

obtaining an air 

permit.

See discussion on 

Insignificant 

Activities List in the 

Additional 

Comments Section of 

LAC 33:III.501.
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4. emissions of any inorganic air 

pollutant that is not a regulated air 

pollutant as defined under LAC 

33:III.502, provided that the 

aggregate emissions from all such 

pollutants listed as insignificant do 

not exceed five tons per year.

5. external combustion equipment 

with a design rate less than 1 million 

BTU per hour;

6. emissions from laboratory 

equipment/vents used exclusively for 

routine chemical or physical analysis 

for quality control or environmental 

monitoring purposes, provided that 

the aggregate emissions from all such 

equipment vents considered 

insignificant do not exceed five tons 

per year, do not exceed any minimum 

emission rate listed in LAC 

33:III.Chapter 51, Table 51.1 and do 

not exceed any hazardous air 

pollutant de minimis rate established 

in accordance with section 112(g) of 

the federal Clean Air Act.

7. noncommercial water washing 

operations of empty drums less than 

or equal to 55 gallons with less than 3 

percent of the maximum container 

volume of material;

8. portable fuel tanks used on a 

temporary basis in maintenance and 

construction activities, provided that 

the aggregate emissions from all such 

tanks listed as insignificant do not 

exceed five tons per year;

9. emissions from process stream or 

process vent analyzers, provided that 

the aggregate emissions from all such 

analyzers listed air insignificant do 

not exceed five tons per year, do not 

exceed any minimum emission rate 

listed in LAC 33:III;.Chapter 51, 

Table 51.1, and do not exceed any 

hazardous air pollutant de minimis 

rate established in accordance with 

section 112(g) of the federal Clean 

Air Act;

10. storage tanks containing 

exclusively, soaps, detergents, 

surfactants, waxes, glycerin, 

vegetable oils, greases, animal fats, 

sweetener, molasses, corn syrup, 

aqueous caustic solutions, provided 

an organic solvent has not been mixed 

with such materials, the tanks are not 

subject to 40 CFR 60, subpart Kb or 

rate established pursuant to sSection 

112(g) of the federal Clean Air Act.

4. emissions of any inorganic air 

pollutant that is not a regulated air 

pollutant as defined under LAC 

33:III.502, provided that the 

aggregate emissions from all such 

pollutants listed as insignificant do 

not exceed five tons per year.

5. external combustion equipment 

with a design rate less than 1 million 

BTU per hour;

6. emissions from laboratory 

equipment/vents used exclusively for 

routine chemical or physical analysis 

for quality control or environmental 

monitoring purposes, provided that 

the aggregate emissions from all such 

equipment vents considered 

insignificant do not exceed five 5 tons 

per year, do not exceed any minimum 

emission rate listed in LAC 

33:III.5112Chapter 51, Table 51.1 

and do not exceed any hazardous air 

pollutant de minimis rate established 

in accordance with sSection 112(g) of 

the federal Clean Air Act.

7. noncommercial water washing 

operations of empty drums less than 

or equal to 55 gallons with less than 3 

percent of the maximum container 

volume of material;

8. portable fuel tanks used on a 

temporary basis in maintenance and 

construction activities, provided that 

the aggregate criteria or toxic air 

pollutant emissions from all such 

tanks listed as insignificant do not 

exceed five 5 tons per year;

9. emissions from process stream or 

process vent analyzers, provided that 

the aggregate emissions from all such 

analyzers listed air insignificant do 

not exceed five 5 tons per year, do not 

exceed any minimum emission rate 

listed in LAC 33:III.5112;.Chapter 

51, Table 51.1, and do not exceed any 

hazardous air pollutant de minimis 

rate established in accordance with 

section 112(g) of the federal Clean 

Air Act;

10. storage tanks containing 

exclusively, soaps, detergents, 

surfactants, waxes, glycerin, 

vegetable oils, greases, animal fats, 

sweetener, molasses, corn syrup, 

aqueous salt solutions, or aqueous 
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other federal regulation, and the 

aggregate emissions from all such 

tanks listed as insignificant do not 

exceed five tons per year, do not 

exceed any minimum emission rate 

listed in LAC 33:III.Chapter 51, 

Table 51.1, and do not exceed any 

hazardous air pollutant de minimis 

rate established in accordance with 

section 112(g) of the federal Clean 

Air Act;

11. catalyst charging operations, 

provided all such operations listed as 

insignificant do not exceed five tons 

per year, do not exceed any minimum 

emission rate listed in LAC 

33:III.Chapter 51, Table 51.1, and do 

not exceed any hazardous air 

pollutant de minimis rate established 

in accordance with section 112(g) of 

the federal Clean Air Act.

12. portable cooling towers used on a 

temporary basis in maintenance 

activities, provided the aggregate 

emissions from all such cooling 

towers listed as insignificant do not 

exceed five tons per year, do not 

exceed any minimum emission rule 

listed in LAC 33:III.Chapter 51; 

Table 51.1 and do not exceed any 

hazardous air pollutant de minimis 

rate established in accordance with 

section 112(g) of the federal Clean 

Air Act.

caustic solutions, provided an organic 

solvent has not been mixed with such 

materials, the tanks are not subject to 

40 CFR 60, subpart Kb or other 

federal regulation, and the aggregate 

emissions from all such tanks listed as 

insignificant do not exceed 5 five tons 

per year, do not exceed any minimum 

emission rate listed in LAC 

33:III.5112Chapter 51, Table 51.1, 

and do not exceed any hazardous air 

pollutant de minimis rate established 

in accordance with sSection 112(g) of 

the federal Clean Air Act;

11. catalyst charging operations, 

provided that the aggregate emissions 

from all such operations listed as 

insignificant do not exceed five tons 

per year, do not exceed any minimum 

emission rate listed in LAC 

33:III.5112Chapter 51, Table 51.1, 

and do not exceed any hazardous air 

pollutant de minimis rate established 

in accordance with sSection 112(g) of 

the federal Clean Air Act.

12. portable cooling towers used on a 

temporary basis in maintenance 

activities, provided the aggregate 

emissions from all such cooling 

towers listed as insignificant do not 

exceed five 5 tons per year, do not 

exceed any minimum emission rule 

listed in LAC 33:III.5112Chapter 51; 

Table 51.1 and do not exceed any 

hazardous air pollutant de minimis 

rate established in accordance with 

sSection 112(g) of the federal Clean 

Air Act.

§501.B Under Review Submitted 11/10/1994 and subsumed by 6/27/2003

B. Based on Activity

The following activities need 

1. activities which occur strictly for maintenance of grounds or buildings, including: 

Lawn care, weed control, pest control, grinding, cutting, welding, woodworking, general 

repairs, janitorial activities, steam cleaning, and water washing activities;

2. surface-coating of equipment during miscellaneous maintenance and construction 

activities, including spray painting, roll-coating and painting with aerosol spray cans, 

provided no paint or coating exceeds a maximum 3.5 lb/gal organic toxic air pollutant 

listed in Tables 51.1 or 51.3 of LAC 33:III.Chapter 51, and no paint or coating exceeds 

any limitations listed in LAC 33:III.2123. This activity specifically does not include 

any facility whose primary business activity is surface-coating or includes surfacecoating of products;

3. miscellaneous equipment maintenance or construction unless otherwise regulated by 

state or federal regulation, which may include, but is not limited to, such activities as: 

Approval. Meets 

51.160(e) - State 

agencies are provided 

latitude to define the 

types and sizes of 

facilities, buildings, 

structures, or 

installations subject 

to review. This 

section is a part of a 

definition for de 

minimis levels of 

minor source 

emissions that is 

exempted from 

obtaining an air 

permit.
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welding, steam cleaning, equipment used for hydraulic or hydrostatic testing, 

miscellaneous solvent use1

4. exhaust emissions or vehicle refueling 

emissions from cars, trucks, forklifts, 

courier vehicles, front-loaders, graders, 

cranes, carts, maintenance trucks, 

locomotives, helicopters, marine vessels, 

and other self-propelled on-road and 

nonroad mobile sources unless required to 

obtain a permit under title V of the Clean 

Air Act. This exemption does not include 

any transportable emissions units such as 

temporary compressors or boilers, unless 

regulated by title II of the Clean Air Act. 

This exemption does not cover loading 

racks or fueling operations covered by 

LAC 33:III.Chapter 21;

Under Review Submitted 11/3/2014

4. exhaust emissions or vehicle refueling 

emissions from cars, trucks, forklifts, 

courier vehicles, front-loaders, graders, 

cranes, carts, maintenance trucks, 

locomotives, helicopters, marine vessels, 

and other self-propelled on-road and 

nonroad mobile sources unless required to 

obtain a permit under title V of the Clean 

Air Act. This exemption does not include 

any transportable emissions units such as 

temporary compressors or boilers, unless 

regulated by title II of the Clean Air Act. 

This exemption does not cover loading 

racks or fueling operations covered by 

LAC 33:III.Chapter 21;

5. office activities such as photocopying, blueprint copying, and photographic 

processes;

6. site assessment work to characterize waste disposal or remediation sites;

7. Operation of groundwater remediation wells, including emissions from the pumps and 

collection activities. This does not include emissions from air-stripping or storage;

8.Emissions from storage or use of water-treating chemicals, except for toxic air 

pollutants as listed in Tables 51.1 or 51.3 of LAC 33:III.Chapter 51, or pollutants listed 

under regulations promulgated pursuant to section 112(r) of the federal Clean Air Act, 

for use in cooling towers, drinking water systems, and boilerwater/feedwater systems;

9. miscellaneous additions or upgrades of instrumentation or control systems.

10. emissions from food preparation at restaurants, cafeterias, and facilities where food 

is consumed on-site;

11. emissions from air contaminant detectors, air contaminant records, combustion 

controllers, or combustion shutoff devices;

12. buildings, cabinets, and facilities used for storage of chemicals in closed containers, 

unless subject to any federally applicable requirement as defined under LAC 33:III.503 

or any requirement under LAC 33:III;

13. use of products for the purpose of maintaining motor vehicles operated by the 

facility, not including air conditioning units of such vehicles (i.e., antifreeze, fuel 

additives);

14. reserved;

15. stacks or vents to prevent escape of sanitary sewer gases through plumbing traps;

16. emissions from equipment lubricating systems (i.e., oil mist) not to include storage 

tanks unless exempt elsewhere in this section;

17. air conditioning or comfort ventilation systems not regulated under title VI of the 

federal Clean Air Act;

18. residential wood heaters, cook stoves, or fireplaces;

19. recreational fireplaces;

20. Log wetting areas;

21. log flumes;

22. instrument air systems, excluding fuel-fired compressors;

23. paved parking lots;

24. air vents from air compressors;

25. periodic use of air for cleanup;

26. solid waste dumpsters;

See discussion on 

Insignificant 

Activities List in the 

Additional 

Comments Section of 

LAC 33:III.501.

 

1 State or federal regulations may apply.
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§501.B

27. emissions of wet lime mud from lime mud mix tanks, lime mud washers, lime mud 

piles, lime mud filter and filtrate tanks, and lime mud slurry tanks;

28. emissions from pneumatic starters on reciprocating engines, turbines, or other 

equipment;

29. emissions from natural gas odoring activities unless the permitting authority 

determines that a nuisance may occur;

30. emissions from engine crackcase vents;

31. storage tanks used for the temporary containment of materials resulting from an 

emergency response to an unanticipated release of pulping liquor;

Under Review Submitted 11/10/1994 and 

subsumed by 6/27/2003

32. emergency use generators, boilers, or 

other fuel burning equipment that is of 

equal or smaller capacity than the primary 

operating unit, cannot be used in 

conjunction with the primary operating 

unit (except for short durations when 

shutting down the primary operating unit 

(maximum of 24 hours) and when starting 

up the primary operating unit until it 

reaches steady-state operations (maximum 

of 72 hours)], and does not increase 

emissions of or the potential to emit any 

regulated air pollutant;

Under Review Rev Submitted 5/05/2006

32. emergency use generators, boilers, or 

other fuel burning equipment that is of 

equal or small capacity than the primary 

operating unit, that cannot be used in 

conjunction with the primary operating 

unit [except for short durations when 

shutting down the primary operating unit 

(maximum of 24 hours) and when starting 

up the primary operating unit until it 

reaches steady-state operations (maximum 

of 72 hours)], and that does not increase 

emissions or the potential to emit any 

regulated air pollutant .

33. equipment used exclusively to mill or grind coatings in roll grinding and rebuild 

and molding compounds where all materials charged are in paste form;

34. mixers, blenders, roll mills, or calendars for rubber or plastics for which no 

materials in powder form are added and in which no organic solvents, diluents, or 

thinners are used;

35. the storage handling and handling equipment for bark and wood residues not subject 

to fugitive dispersion offsite.

36. reserved;

37. maintenance dredging of pulp and paper mill surface impoundments and ditches 

containing cellulosic and cellulosic derived biosolids and inorganic materials such as 

lime, ash, or sand;

38. liquid and gas sampling systems for routine pulp and paper process control 

instrument calibration and regulatory information. For example, pulping liquor 

concentration, black liquor solids, whitewater chemistry;

39. tall oil soap storage, skimming, and loading;

40. emissions from caustic storage tanks that contain no VOC;

41.emissions from fire fighting training conducted in accordance with LAC 33:III, 

1109.D.7;

42. emissions from oil and gas well and pipeline as defined in accordance with LAC 

33:III.502;

43. produced water treatment units (e.g., Wemco units) on crude oil and natural gas 

production platforms in state water of the Gulf of Mexico that discharge produced water 

in accordance with an LPDES permit. These units are the final step in water treatment 

prior to water discharge under the LPDES permit;

44.portable diesel fuel storage tanks used on a temporary basis in maintenance and 

construction activities;

45. emergency electrical power generators used only during power outages at sites not 

otherwise required to have a permit under LAC 33:III. Chapter 5 and operated no more 

than 500 hours per year; and 

46. reserved.

C. Based on Type of Pollutant

Emissions of the following pollutants need not be included in a permit application:

Approval. Meets 

51.160(e) - State 
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1.water vapor;

2. oxygen;

Under Review Submitted 11/10/1994 and 

subsumed by 6/27/2003

3. carbon dioxide;

Under Review Submitted 11/3/2014

3. carbon dioxide;nitrogen; and

Under Review Submitted 11/10/1994 and 

subsumed by 6/27/2003

4.nitrogen;

Under Review Submitted 11/3/2014

4. nitrogenhydrogen.

Under Review Submitted 11/10/1994 and 

subsumed by 6/27/2003

5.hydrogen;

Under Review Submitted 11/3/2014

5.hydrogen

Under Review Submitted 

11/10/1994 and subsumed 

by 6/27/2003

D. Exemptions Based on 

Emissions

Levels with Prior 

Approval Granted

by the Permitting 

Authority

The owner or operator of 

any source may apply for 

an exemption from the 

permitting requirements of 

this Chapter for any 

emissions unit provided 

each of the following 

criteria are met. Activities 

or emissions units exempt 

as insignificant based on 

these criteria shall be 

exempt as insignificant 

based on these criteria 

shall be included in the 

permit at the next renewal.

a. The emissions unit 

emits and has the 

potential to emit no 

more than five tons per 

year of any regulated 

pollutant;

b. the emissions unit 

emits and has the 

potential to emit less 

than the minimum 

emission rate listed in 

Table 51.1, LAC 

33:III.Chapter 51, for 

each Louisiana toxic 

air pollutant;

c. the emissions unit 

emits and has the 

potential to emit less 

than the de minimis 

rate established 

pursuant to section 

112(g) of the federal 

Under Review Rev 

Submitted 5/05/2006

D. Exemptions Based on

Emissions Levels

The owner or operator of 

any source may apply for 

an exemption from the 

permitting requirements of 

this Chapter for any 

emissions unit provided 

each of the following 

criteria are met. Activities 

or emissions units exempt 

as insignificant based on 

these criteria shall be 

included in the permit at 

the next renewal or permit 

modification, as 

appropriate.

a. The emissions unit 

emits and has the 

potential to emit no 

more than five tons per 

year of any regulated 

pollutant. 

b. The emissions unit 

emits and has the 

potential to emit less 

than the minimum 

emission rate listed in 

LAC 33:III.5112. Table 

51.1, for each 

Louisiana toxic air 

pollutant.

c. The emissions unit 

emits and has the 

potential to emit less 

than the de minimis 

rate established 

pursuant to Section 

112(g) of the federal 

Clean Air Act for each 

hazardous air 

pollutant.

d. No new federal 

enforceable limitations 

Under Review Submitted 

11/3/2014

D. Exemptions Based on 

Emissions Levels

The owner or operator of 

any source may apply for 

an exemption from the 

permitting requirements of 

this Chapter for any 

emissions unit provided 

each of the following 

criteria are met. Activities 

or emissions units exempt 

as insignificant based on 

these criteria shall be 

included in the permit at 

the next renewal or permit 

modification, as 

appropriate.

a. The emissions unit 

emits and has the potential 

to emit no more than five 

tons per year of any 

regulated pollutant. 

b. The emissions unit emits 

and has the potential to 

emit less than the 

minimum emission rate 

listed in LAC 33:III.5112. 

Table 51.1, for each 

Louisiana toxic air 

pollutant.

c. The emissions unit emits 

and has the potential to 

emit less than the de 

minimis rate established 

pursuant to Section 112(g) 

of the federal Clean Air 

Act for each hazardous air 

pollutant.

d. No new federal 

enforceable limitations or 

permit conditions are 

necessary to ensure 

compliance with any 

applicable requirement.

agencies are provided 

latitude to define the 

types and sizes of 

facilities, buildings, 

structures, or 

installations subject 

to review. This 

section is a part of a 

definition for de 

minimis levels of 

minor source 

emissions that is 

exempted from 

obtaining an air 

permit.

See discussion on 

Insignificant 

Activities List in the 

Additional 

Comments Section of 

LAC 33:III.501

The sentences in 

italics, §501.D.b. and 

D.c., 

“b. The emissions 

unit emits and has 

the potential to emit 

less than the 

minimum emission 

rate listed in LAC 

33:III.5112. Table 

51.1, for each 

Louisiana toxic air 

pollutant.

c. The emissions unit 

emits and has the 

potential to emit less 

than the de minimis 

rate established 

pursuant to Section 

112(g) of the federal 

Clean Air Act for 

each hazardous air 

pollutant.” are

related to the MACT

program and are

therefore not part of 

the SIP submission. 

The sentences were

returned to the 

LDEQ on 2/2/16.
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Clean Air Act for each 

hazardous air pollutant; 

and

d. no enforceable permit 

conditions are 

necessary to ensure 

compliance with any 

applicable requirement.

or permit conditions are 

necessary to ensure 

compliance with any 

applicable requirement.

1 State or Federal 

regulations may apply.

1 State or Federal 

regulations may apply.

§501.B Under Review - Submitted 11/15/1993

6. Grandfathered Status. Those facilities which were under actual construction or 

operation as of June 19, 1969, and granted grandfathered stated by DEQ may maintain 

such grandfathered status, provided a current and accurate Emissions Inventory 

Questionnaire is maintained on file with the permitting authority and provided the owner 

or operator of such facility is not required or requested to submit a permit application in 

accordance with this Paragraph. Grandfathered status shall be maintained until final action 

is taken by the permitting authority on the permit application, provided such application is 

submitted timely. A permit application shall be submitted in accordance with LAC 

33:III.517.A if any of the following criteria are met or will be met by a planned change at 

the facility:

a. the facility is a major source of Louisiana toxic air pollutants, as defined in LAC 

33.III.Chapter 51;

b. the facility is a Part 70 source, as defined in LAC 33.III.502;

c. ownership of the facility has changed since grandfathered status was granted;

d. emissions have been initiated or increased at the facility, since the time grandfathered 

status was granted, as a result of new construction, modification, change of process or 

raw materials, or change of operating schedule; or

e. the facility is otherwise required to obtain a permit based upon a determination by the 

permitting authority.

No revisions 

proposed. Language 

provided for context.

§501.B Under Review - Submitted 11/15/1993

7. Research and Development Facilities. The permitting authority may allow a certain 

complex within a facility to be considered as a separate source with regard to the 

requirements of this Chapter, provided that the complex is used solely for research and 

development of new processes and/or products, and is not engaged in the manufacture of 

products for commercial sale. 

No revisions 

proposed. Language 

provided for context.

§501.B Under Review – Submitted 11/3/2014

8. Repealed.

Approval. LAC 

33:III.501.B.8 was 

promulgated on 

December 20, 2007 

(AQ290ft).

LDEQ confirmed 

that AQ290ft was 

never submitted to 

EPA as a SIP 

revision. Because 

AQ290ft was never 

submitted and was 

subsequently 

repealed on 

November 20, 2011 

(AQ323), there is no 

need for EPA to act 

on it. LDEQ 

confirmed this 

assessment.
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§501.C Under Review - Submitted 

11/15/1993

C. Scope

1. For each source to which 

this Chapter applies, the 

owner or operator shall 

submit a timely and 

complete permit 

application as required in 

accordance with the 

procedures delineated 

herein. Permit applications 

shall be submitted prior to 

construction, 

reconstruction, or 

modification unless 

otherwise provided in this 

Chapter.

Under Review - Rev 

submitted 5/5/2006

C. Scope. 

1. For each source to which 

this Chapter applies, the 

owner or operator shall 

submit a timely and 

complete permit application

to the Office of 

Environmental Services, 

Air Permits Division, as 

required in accordance with 

the procedures delineated 

herein. Permit applications 

shall be submitted prior to 

construction, reconstruction 

or modification unless 

otherwise provided in this 

Chapter.

Under Review Rev 

Submitted 8/14/2009

C. Scope.

1. For each source to which 

this Chapter applies, the 

owner or operator shall 

submit a timely and 

complete permit 

application to the Office of 

Environmental Services, 

Air Permits Division, as 

required in accordance with 

the procedures delineated 

herein. Permit applications 

shall be submitted prior to 

construction, reconstruction 

or modification unless 

otherwise provided in this 

Chapter.

Approval. The 

provision as 

submitted on 

11/15/93 and revised 

through 8/14/09, 

meets the 

requirements of 

51.150(c) for 

establishing permit 

application 

requirements for a 

NSR review permit 

program.

§501.C. Under Review - Submitted 11/15/1993

2. No construction, modification, or operation of a facility which ultimately may result in 

an initiation or increase in emission of air contaminants as defined in LAC 33.III.111 shall 

commence until the permit application has been approved, an appropriate permit fee paid 

(in accordance with LAC 33.III.Chapter 65), and a permit (certificate of approval) has 

been issued by the permitting authority.

3. Notwithstanding Subsection C.2 of this Section, prior to issuance or revision of a 

permit, the permitting authority may issue authorization to construct to an owner or 

operator in appropriate circumstances where there is a positive human health or 

environmental benefit, provided such an authorization is not precluded by any federally 

applicable requirement or by 40 CFR Part 70.

4. The owner or operator of each source to which this Chapter applies shall have a general 

duty to operate under a permit, unless an exemption to the source applies or has been 

granted in accordance with this Chapter. The source shall be operated in accordance with 

all terms and conditions of the permit. Noncompliance with any term or condition of the 

permit for enforcement action, for permit revision or termination, or for denial of a permit 

renewal application.

5. The owner or operator of each source to which this Chapter applies shall comply with 

any federally applicable requirement, as defined in LAC 33:III.502, established under the 

federal Clean Air Act as amended or promulgated by the administrator pursuant to the 

federal Clean Air Act as amended.

6. The permitting authority shall incorporate into each permit sufficient terms and 

conditions to ensure compliance with all state and federally applicable air quality 

requirements and standards at the source and such other terms and conditions as 

determined by the permitting authority to be reasonable and necessary. It is the intent of 

this regulation that suitable controls be applied to new installations and relocations and in 

cases where modifications are to be made or where significant changes in emissions are 

anticipated.

7. The terms and conditions of the permit shall be enforceable by the administrative 

authority and may be utilized to implement and enforce all requirements and standards 

incorporated therein. Any terms and coons of the permit issued pursuance to the State 

Implementation Plan or to LAC 33:III.507 are enforceable by the administrator unless 

specifically designated in the permit as not being federally enforceable.

8. Each permit issued shall fulfill the requirements to obtain both a preconstruction and an 

operating permit in accordance with state and federal air quality programs. Permit 

issuance, amendments, revisions, and renewals shall be issued in accordance with the 

procedures established in this Chapter.

Approval. The 

provision as 

submitted on 

11/15/93 meets the 

emission submission 

requirements of 

51.160(c)(1) for 

establishing permit 

application 

requirements for a 

NSR review permit 

program.

The sentence in 

italics, C.3. 

“Notwithstanding 

Subsection C.2 of this 

Section, prior to 

issuance or revision 

of a permit, the 

permitting authority 

may issue 

authorization to 

construct to an 

owner or operator in 

appropriate 

circumstances where 

there is a positive 

human health or 

environmental 

benefit, provided 

such an 

authorization is not 

precluded by any 

federally applicable 

requirement or by 40 

CFR Part 70.” is 
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Section Annotations of Submitted Revisions to §501 Comments

9. When a single site includes more than once process, a single permit may be issued to 

include all processes at the site. Conversely, multiple permits may be issued each of which 

may address one or more processes at the site.

related to title V 

operating permit 

program exclusively 

and is therefore not 

part of the SIP 

submission. The 

sentence was 

returned to the 

LDEQ on 2/2/16.

§501.C. Under Review Submitted 11/9/2007

11. Emissions shall be calculated in accordance with LAC 33:III.919.C.

12. Emissions estimation methods set forth in the Compilation of Air Pollution Emission 

Factors (AP-42) and other department-accepted estimation methods may be promulgated 

or revised. As a result of new or revised AP-42 emission factors for sources or source 

categories and/or department-accepted estimation methods, changes in calculated 

emissions may occur. Changes in reported emission levels as required by LAC 

33:III.919.B.2.a due solely to revised AP-42 emission factors or department-accepted 

estimation methods do not constitute violations of the air permit; however, the department 

may evaluate changes in emissions on a case-by-case basis, including but not limited to, 

assessing compliance with other applicable Louisiana air quality regulations.

13. If the emission factors or estimation methods for any source or source category used in 

preparing the Annual Emission Statement required by LAC 33:III.918 and 919 differ from 

the emission factors or estimation methods used in the current air permit such that 

resulting “calculated” emissions reflect a change as defined in LAC 33:III,919.B.2.a, 

notification of the use of updated emission factors or estimation methods shall be included 

in the title V Annual Certification, as specified in the affected permit. The notification 

shall include the old and new emission factor or estimation method reference source and 

the date, volume and edition (if applicable); the raw data for the reporting year used for 

that source category calculation; and applicable emission point and permit numbers that 

are impacted by such change. The notification shall include any other explanation, as well 

as the facility’s intended time from to reconcile the emission limits in the applicable 

permit. The department reserves the right to reopen a permit pursuant to LAC 33:III.529.

Approval. Meets 

51.160(c)(1) for 

determination of the 

nature and emission 

amounts regulated by 

NSR permits. 

Specifically, 

501.C.11 cites to 

LDEQ’s already SIP 

approved rules 

33:III:919.C., for 

calculating emissions 

which requires actual 

measurement with 

continuous emissions 

monitoring systems 

(CEMS) as the 

desired method of 

calculating emissions 

from a point source. 

In lieu of CEMS 

data, Section 919.C. 

allows emissions be 

calculated using 

methods found in the

most recent edition 

of the Compilation of 

Air Pollution 

Emission Factors 

(AP-42) or 

calculations 

published in 

Engineering Journals. 

However, 

calculations 

published in 

Engineering Journals 

should have prior 

administrative 

approval (assistant 

secretary) before use. 

Annual instructions 
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Section Annotations of Submitted Revisions to §501 Comments

will list any 

calculations 

approved from 

Engineering Journals. 

This approval 

process required in 

501.C.12. ensures 

that methods used to 

calculate emissions 

are not only reviewed 

by the technical 

community but also 

vetted by LDEQ by 

providing an extra 

layer of technical 

examination and reconsideration. The 

EPA has historically 

interpreted rules to 

allow for emissions 

reported in the 

annual inventory to 

change due to revised 

emission factors, but 

that change does not 

have to directly result 

in a source violating 

its permitted 

emission limits if the 

new calculations are 

higher based on 

particular 

circumstances. 

Regarding 501.C.13, 

although this citation 

deals with the title V 

Annual Certification, 

the underlying permit 

limits may be 

established in title I 

NSR permit actions 

and therefore, 

changes may be 

necessary to fulfill 

CAA title I NSR SIP 

requirements. The 

premise of Section 

501.C.13. is that it is 

important to 

document any 

changes made 

regarding emission 

calculations with 
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Section Annotations of Submitted Revisions to §501 Comments

information on how 

and why the changes 

were made.

3. Additional Comments.

The Section 501.B.3, Insignificant Activities list, submitted on 5/5/2006, revised the former 

submittal 11/10/1994, which was then subsumed by the 6/27/2003 submittal. The EPA prepared a CAA 

section 110(l) analysis in its review of the proposed list to serve as a basis for demonstrating 

noninterference for the affected pollutants for any applicable requirement for attainment and reasonable 

further progress such as: 1) turning a maintenance area back into a nonattainment area; 2) turning an 

attainment/unclassifiable area into a nonattainment area; 3) leading to a PSD increment exceedance; 4) 

causing the nonattainment area to have higher violations; or 5) causing an nonattainment area to have a 

greater number of NAAQS standard exceedances. The goal is to demonstrate that the proposed revisions 

will not interfere with the attainment of the NAAQS, Rate of Progress, RFP or any other applicable 

requirement of the CAA.

Our finding is based in part on the historic look back trends of ambient air quality for the 

NAAQS pollutants, including ozone and sulfur dioxide (SO2), since those pollutants have caused past air 

quality issues.2 The EPA took into consideration the following factors when making the decision to 

propose approval into the SIP of the permit exemptions listed in the Insignificant Activities tables in 

section 501;

• Compliance with the 8-hour ozone standard has improved state-wide with ozone pollutant 

concentrations trending downward with an average 23% decrease in ozone since the late 1980’s. 

This average decrease represents air monitoring values in the Louisiana cities of Baton Rouge, 

Lake Charles, Monroe, New Orleans, and Point Coupee Parish. 8-Hour ozone trends are listed in 

the table below:

LA Cities 8-Hour 

Ozone (ppb)

1986

8-Hour 

Ozone (ppb)

2015

% 

Reduction

Baton Rouge 98 71 28%

Lake Charles 

(Calcasieu Parish)

92 67 27%

Monroe 73 61 16%

New Orleans 89 70 22%

Pointe Coupe 

Parish

85 67 21%

 

2 Supporting documentation is contained in the monitoring data of ambient air quality for NAAQS criteria for cities located 

throughout Louisiana. See 

http://www.deq.louisiana.gov/portal/DIVISIONS/Assessment/AirFieldServices/AmbientAirMonitoringProgram/AmbientAir

MonitoringDataandReports.aspx
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• The Baton Rouge marginal ozone nonattainment area is currently monitoring attainment for the 

2008 ozone NAAQS. The 8-Hour ozone values have dropped from 83 ppb in 2006-2008 down to 

71 ppb design value for 2015 in Baton Rouge. 

• Compliance with the SO2 standard has improved significantly state-wide with SO2 pollutant 

concentrations trending downward with an average 55% decrease in SO2 since the mid 2000’s. 

This average value represents the Louisiana air monitoring locations of Baton Rouge, Lake 

Charles, Chalmette, Port Allen, Shreveport, and Meraux. SO2 trends are listed in the table 

below:

LA Cities SO2 (ppb)

2007

SO2 (ppb)

2013

% 

Reduction

Shreveport 21 12 43%

Lake Charles 42 32 24%

Baton Rouge 65 19 71%

Meraux 32 19 41%

Chalmette 331 112 66%

Port Allen 143 23 84%

• The EPA determined the St. Bernard 2010 SO2 NAAQS nonattainment area was caused 

primarily by one large source of SO2 emissions, the Rain CII Carbon LLC – Chalmette Coke 

Plant. The LDEQ is currently preparing a proposed SIP attainment demonstration, “St. Bernard 

Parish SO2 Nonattainment Area Louisiana SIP Revision”, which was submitted to the EPA on 

April 1, 2015, for review. The EPA provided comments and is working with the LDEQ to ensure 

the SIP revision contains the appropriate emission limits to bring the area into attainment status. 

The St. Bernard SO2 nonattainment area has documented SO2 pollutant concentrations 

decreasing from a 331 ppm SO2 design value in 2009 down to a 159 ppm SO2 design value in 

2014. 

• Compliance with the Particulate Matter (PM10) standard is maintained and is below regulatory 

NAAQS levels. PM10 emission concentrations have trended downward an average 25% 

statewide since the mid 2000’s. The average statewide 24-hour PM10 concentration is 28 ug/m3

which is 19% of the NAAQS level for PM10. The average value represents the Louisiana air 

monitoring locations of Baton Rouge, New Orleans, Chalmette, Shreveport, and Lafayette. 

• Compliance with the average statewide annual PM2.5 standards is maintained with an average 

annual maximum concentration of 10.8 ug/m3, which is below the average annual primary 

standard for PM2.5 of 12 ug/m3.

• The Baton Rouge Capitol air monitor is the only monitor collecting samples and analyzing for 

Carbon Monoxide (CO). The 2014 annual average CO value was 0.26 ppm and the maximum 

monitored value was 5.34 ppm which is below the 9 ppm standard (8 hour averaging time).

Since the list of exempted sources included in the proposed revisions have historically operated 

without coverage by an air permit and there are no anticipated increases in emissions or in the number of 

these type of sources resulting from the approval of the exempted list into the SIP, the EPA has 
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determined the possibility of a low level of potential impacts on ambient air quality as a result of the 

emission sources and activities included in the proposed LAC 33:III section 501 exemptions list and this 

conclusion is supported by ambient air monitoring trends in the state of Louisiana.

Our determination is consistent with our assessment of the environmental insignificance of these 

emissions. In addition, the LDEQ has been carrying out the minor NSR air permitting program based on 

the codification of their permitting policy without any indication that these permit exempted sources 

have interfered with attainment or reasonable further progress or increased PSD increment. Therefore, 

the EPA proposes to approve the exemptions lists in section 501 into the Louisiana SIP.

Based on supporting air quality monitoring data documenting air quality improvements 

throughout the State, the EPA proposes to approve Section 501 containing the list of the exempted 

sources into the Louisiana SIP since it meets the requirements of CAA section 110(l) and since state 

agencies are provided the latitude to define the types and sizes of facilities, buildings, structures, or 

installations subject to review in accordance with 40 CFR 51.160(e). We believe the implementation of 

this rule will not interfere with any applicable requirement concerning attainment and reasonable further 

progress, maintaining PSD increment, or any other applicable requirement of the CAA. 
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1. Background on LAC 33:III.502. Definitions

A. Current SIP. This section is not currently SIP-approved. 

B. Submitted Revision to LAC 33:III.502 Reviewed in this Action.

• On November 15, 1993, Louisiana submitted revisions.

• On November 3, 2014, Louisiana submitted revisions.

C. Proposed Action:

• Approval of the LAC 33:III.502.

2. Evaluation Matrix.

Section Annotations of Submitted Revisions to §502 Comments

§502 Definitions

§502.A Under Review - Submitted 11/15/1993, Same Version Resubmitted 12/23/2011 and 

11/3/2014

A. Except where specifically provided in another Section herein, the following 

definitions apply to terms used in this Chapter. Except as provided in this Chapter, 

terms used in this Chapter retain the definition provided them in LAC 33:III.111 or 

the Louisiana Air Quality regulations. Wherever provisions related to the Acid Rain 

Program are concerned, the definitions provided in 40 CFR Part 72 shall apply.

Approval. Meets 40 CFR 

51.160(a) for defining 

procedures that enable the 

State to determine violations 

or interference with 

attainment. 

The last sentence of Sections 

502.A. in italics is related to 

Acid Rain title IV program 

exclusively and is therefore 

not part of the SIP 

submission. The provision 

was returned to LDEQ on 

8/4/2015.

§502.A Under Review - Submitted 11/15/1993

Affected Source – a source that includes one or more affected units regulated by the 

federal Acid Rain Program established pursuant to the title IV of the federal Clean 

Air Act.

The definition is related to 

title V exclusively and is 

therefore not part of the SIP 

submission. The definition 

was returned to LDEQ on 

8/4/2015.

§502.A Under Review - Submitted 11/15/1993

Affected State – a state contiguous to Louisiana whose air quality may be affected or 

any state which is within 50 miles of the source for which a Part 70 permit, permit 

revision, or permit renewal is being proposed.

The definition is related to 

title V exclusively and is 

therefore not part of the SIP 

submission. The definition 

was returned to LDEQ on 

8/4/2015.

§502.A Under Review - Submitted 11/15/1993

Affected Unit – a unit that is subject to any acid rain emissions reduction requirement 

or acid rain emissions limitation pursuant to title IV of the Clean Air Act.

The definition is related to 

title V exclusively and is 

therefore not part of the SIP 

submission. The definition 

was returned to LDEQ on 

8/4/2015.

§502.A Under Review - Submitted 11/15/1993

Clean Air Act – the federal Clean Air Act, as amended, 42 U.S.C 7401 et sequ.

Approval. 
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§502.A Under Review - Submitted 11/15/1993

DEQ – the Louisiana Department of Environmental Quality, its secretary or the 

secretary’s designee.

Approval. State agency 

acronym defined by the 

Louisiana Department of 

Environmental Quality

§502.A Under Review - Submitted 11/15/1993

Designated Representative – a responsible natural person authorized by the owners 

and operators of an affected source and of all affected units at the source, as 

evidenced by a certificate of representation submitted in accordance with Subpart B 

of 40 CFR Part 72, to represent and legally bind each owner and operator, as a matter 

of federal law, in matters pertaining to the Acid Rain Program. Whenever the term 

“responsible official” is used in 40 CFR Part 70 or in any other regulations 

implementing title V of the Act, it shall be deemed to refer to the “designated 

representative” with regard to all matters under the Acid Rain Program.

The definition is related to 

title V exclusively and is 

therefore not part of the SIP 

submission. The definition 

was returned to LDEQ on 

8/4/2015.

§502.A Under Review - Submitted 11/15/1993

Emissions Unit – any part or activity of a stationary source that emits or has the 

potential to emit any regulated air pollutant or any hazardous air pollutant listed 

under section 112(b) of the Clean Air Act. With regard to equipment leaks, all 

components from which such emissions may occur may be considered in the 

aggregate to be a single emissions unit. This term is not meant to alter or affect the 

definition of the term “unit” for the purposes of title IV of the Clean Air Act.

Approval. Consistent with 

40 CFR 51.165(a)(1)(vii) 

definition of Emissions Unit. 

The two portions of the 

definition in italics, “or any 

hazardous air pollutant 

listed under section 112(b)” 

and “This term is not meant 

to alter or affect the 

definition of the term “unit” 

for the purposes of title IV of 

the Clean Air Act“ is related 

to the MACT program and 

the Acid Rain program 

respectively and is therefore 

not part of the SIP 

submission. The portions of 

the sentence were returned 

to the LDEQ on 2/2/16.

§502. Under Review - Submitted 11/15/1993

EPA – the United States Environmental Protection Agency, its administrator or the 

administrator’s designee.

Approval. Meets 40 CFR 

51.162 Identification of 

responsible agency.

§502.A Under Review - Submitted 11/15/1993

Federally Applicable Requirement – all of the following (including requirements 

which have been promulgated or approved by EPA through rulemaking at the time of 

permit issuance but which have future effective dates) as they apply to a source 

regulated under this Chapter:

a. any standard or other requirement provided for in the Louisiana State 

Implementation Plan approved or promulgated by EPA through rulemaking under 

title I of the Clean Air Act that implements the relevant requirements of the Clean 

Air Act, including any revisions to that plan promulgated in 40 CFR Part 52, Subpart 

T;

b. any term or condition of any preconstruction permits issued pursuant to 

regulations approved or promulgated through rulemaking under title I of the Clean 

Air Act, including Part C (Prevention of Significant Deterioration) or D 

(Nonattainment); 

c. any standard or other requirement under section 111 (New Source Performance

Standards) of the Clean Air Act, including section 111(d) (Existing Source 

Performance Standards);

The definition is related to 

title V exclusively and is 

therefore not part of the SIP 

submission. The definition 

was returned to LDEQ on 

8/4/2015.
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Section Annotations of Submitted Revisions to §502 Comments

d. any standard or other requirement under section 112 (Hazardous Air Pollutants) of 

the Clean Air Act, including any requirement concerning accident prevention under 

section 112(r)(7) of the Clean Air Act;

e. any standard or other requirement of the Acid Rain Program under title IV of the 

Clean Air Act or of the regulations promulgated thereunder;

f. any requirements established pursuant to section 504(b) (Monitoring and Analysis) 

or section 114(a)(3) (Enhanced Monitoring and Compliance Certification) of the 

Clean Air Act;

g. any standard or other requirement governing solid waste incineration under 

section 129 (Solid Waste Combustion) of the Clean Air Act;

h. any standard or other requirement for consumer and commercial products under 

section 183(e) (Control of Emissions, Federal Ozone Measures) of the Clean Air 

Act;

i. any standard or other requirement for tank vessels under section 183(f) (Tank 

Vessel Standards) of the Clean Air Act;

j. any standard or other requirement of the regulations promulgated to protect 

stratospheric ozone under title VI of the Clean Air Act, unless the administrator has 

determined that such requirements need not be contained in a title V permit; and

k. any national ambient air quality standard or increment or visibility requirement 

under Part C of title I of the Clean Air Act, but only as it would apply to temporary 

sources permitted pursuant to section 504(e) of the Clean Air Act.

§502.A Under Review - Submitted 11/15/1993

Final Permit – the version of a permit which is issued by the permitting authority 

after all required public notice and affected state and EPA review procedures have 

been completed in accordance with the requirements of LAC 33:III.531 and 533.

Approval. Consistent with 

measures dictating a 

permitting program found in 

40 CFR 51.160 and 51.165..

§502.A Under Review - Submitted 11/15/1993

Fugitive Emissions – those emissions which do not reasonably pass through a stack, 

chimney, vent, or other functionally equivalent opening.

Approval. Consistent with 

40 CFR 52.21a)(1)(ix) 

definition of Fugitive 

emissions. 

§502.A Submitted 11/15/1993

General Permit – a single permit, intended to cover numerous similar sources or 

activities at different locations, which is issued according to the requirements of LAC 

33:III.513.A.

No action can be taken on 

this citation because 

Section 513 which is 

referenced is not approved 

into the SIP. 

§502.A Under Review - Submitted 11/15/1993

Major Source – for the purposes of determining the applicability of 40 CFR Part 70 

or of LAC 33:III.507, any stationary source or any group of stationary sources that 

are located on one or more contiguous or adjacent properties, that are located on one 

or more contiguous or adjacent properties, that are under common control of the same 

person (or persons under common control), and that are described in Subparagraph a, 

b, or c of this definition:

a. a major source under section 112 of the Clean Air Act, which is defined as:

i. for pollutants other than radionuclides, any stationary source or group of 

stationary sources located within a contiguous area and under common control that 

emits or has the potential to emit, in the aggregate, 10 tons per year (tpy) or more of 

any hazardous air pollutant which has been listed pursuant to section 112 of the 

Clean Air Act, 25 tpy or more of any combination of such hazardous air pollutants, 

or such lesser quantity as the administrator may establish by rule. Notwithstanding 

the preceding sentence, hazardous air pollutant emissions from any oil or gas 

exploration or production well (with its associated equipment) and emissions from 

any pipeline compressor or pump station shall not be aggregated with emissions 

from other similar units, whether or not such units are in a contiguous area or under 

common control, to determine whether such units or stations are major sources 

under this Subparagraph; or

ii. for radionuclides, “major source” shall have meaning specified by the 

administrator by rule.

The definition is related to 

title V exclusively and is 

therefore not part of the SIP 

submission. The definition 

was returned to LDEQ on 

8/4/2015.
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b. any stationary source that directly emits or has the potential to emit 100 tpy or 

more of any regulated air pollutant excluding any air pollutant regulated solely under 

section 112(r) of the Clean Air Act. Fugitive emissions of a stationary source shall 

be considered in determining whether it is a major source under this Subparagraph:

i. for those source categories listed in Table A of LAC 33:III.509; and

ii. for all other stationary source categories regulated by a standard promulgated 

under section 111 (NSPS) or 112 (Hazardous Air Pollutants) of the Clean Air Act, 

but only with regard to those air pollutants that have been regulated for that 

category.

c. any major stationary source as defined in Part D (Nonattainment) of title I of the 

Clean Air Act, including any source defined as major stationary source under LAC 

33:III.504.G.

§502.A Under Review – Submitted 11/3/2014

Nonroad Engine - Except as discussed in Subparagraph b of this definition, a nonroad 

engine is any internal combustion engine:

a. Except as discussed in Subparagraph b of this definition, a nonroad engine is 

any internal combustion engine:

i. Used in or on a piece of equipment that is self-propelled or serves a dual 

purpose by both propelling itself and performing another function (such as 

garden tractors, off-highway mobile cranes, and bulldozers);

ii. Used in or on a piece of equipment that is intended to be propelled while 

performing its function (such as lawnmowers and string trimmers); or

iii. That, by itself or in or on a piece of equipment, is portable or transportable, 

meaning designed to be and capable of being carried or moved from one 

location to another. Indications of transportability include, but are not limited 

to, wheels, skids, carrying handles, dolly, trailer, or platform.

b. An internal combustion engine is not a nonroad engine if:

i. the engine is used to propel a motor vehicle, an aircraft, or equipment used 

solely for competition;

ii. the engine is regulated by a federal New Source Performance Standard 

promulgated under section 111 of the Act (42 U.S.C. 7411); or

iii. the engine otherwise included in a Clause a.iii of this definition remains or will 

remain at a location for more than 12 consecutive months or a shorter period of time 

for an engine located at a seasonal source. A location is any single site at a building, 

structure, facility, or installation. Any engine (or engines) that replaces an engine at a 

location and that is intended to perform the same or similar function as the engine 

replaced will be included in calculating the consecutive time period. An engine 

located at a seasonal source is an engine that remains at a seasonal source during the 

full annual operating period of the seasonal source. A seasonal source is a stationary 

source that remains in a single location on a permanent basis (i.e., at least two years) 

and that operates at that single location for approximately three months (or more) 

each year. [Note: Clause b.iii of this definition does not apply to an engine after it is 

removed from the location.]

This definition is not part of 

the NSR program and is 

associated with 112(g) of 

the CAA. The definition 

was returned to LDEQ on 

2/2/16.

§502.A Under Review - Submitted 11/15/1993

Oil and Gas Well and Pipeline – for the purposes of permitting requirements under 

LAC 33:III.507 and 40 CFR Part 70, any oil and gas well or pipeline as defined herein 

shall be an insignificant emission unit pursuant to 40 CFR 70.5(c). For the purposes of 

determining the applicability of LA. R.S. 2022.C.(1), these terms are used as follows:

a. Well – an orifice in the ground, including the wellhead, from which crude oil, 

condensate, or natural gas is produced. The wellhead shall include the assembly of 

valves, pipes, and fittings used to control the flow of oil, condensate, or natural gas.

b. Pipeline – all part of those facilities, including pipe, connectors, valves, and other 

appurtenance attached to pipe, through which crude oil, condensate, natural gas, or 

refined petroleum products move in transport from one stationary source to another. 

Pipeline shall not include those facilities directly associated with storage, refinement, 

The definition is related to 

title V exclusively and is 

therefore not part of the SIP 

submission. The definition 

was returned to LDEQ on 

8/4/2015.
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Section Annotations of Submitted Revisions to §502 Comments

or treatment of such substances, or facilities used to impart the energy to transport 

such substances from one point to another, or any transport such substances from one 

point to another, or any equipment or pipe located at the stationary source which is 

receiving such substances.

§502.A Under Review - Submitted 11/15/1993

Part 70 Source – any source which is required to obtain a federally enforceable 

operating permit in accordance with 40 CFR Part 70, including the following:

a. any major source as defined in this Section;

b. any nonmajor (area) source of hazardous air pollutants required to obtain an 

operating permit pursuant to regulations promulgated under section 112 of the federal 

Clean Air Act;

c. any nonmajor source required to obtain an operating permit pursuant to regulations 

promulgated under section 111 (NSPS) of the federal Clean Air Act;

d. any affected source, as defined in this Section, pursuant to the acid rain provisions 

of title IV of the federal Clean Air Act; and

e. any solid waste incineration unit required to obtain a permit pursuant to section 

129(e) of the federal Clean Air Act.

The definition is related to 

title V exclusively and is 

therefore not part of the SIP 

submission. The definition 

was returned to LDEQ on 

8/4/2015.

§502.A Under Review - Submitted 11/15/1993

Permit Renewal (or Renewal) – the reissuance of a permit at the end of its duration in 

accordance with LAC 33:III.507.E.

The definition is related to 

title V exclusively and is 

therefore not part of the SIP 

submission. The definition 

was returned to LDEQ on 

8/4/2015.

§502.A Under Review - Submitted 11/15/1993

Permit Revision (or Revision) – any administrative amendment, minor modification, 

or significant modification to a permit.

Approval. Consistent with 

40 CFR 51.160 for 

modification of a facility, 

building, structure or 

installation, or combination 

of these. 

§502.A Under Review - Submitted 11/15/1993

Permitting Authority – the Louisiana Department of Environmental Quality, its 

secretary, or the secretary’s designee.

Approval. Consistent with 

40 CFR 51.162. 

§502.A Under Review - Submitted 11/15/1993

Potential to Emit – the maximum capacity of a stationary source to emit any air 

pollutant under its physical and operational design. Any physical or operational 

limitation on the capacity of a source to emit an air 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:

a. the limitation is enforceable by the administrator, when the potential to emit is being 

considered with regard to federally applicable requirements; or

b. the limitation is enforceable by the DEQ Air Quality Division, when the potential 

to emit is being considered with regard to state applicable requirements.

Approval. Consistent with 

40 CFR 52.21(a)(4) 

definition of Potential to 

emit. 

§502.A Under Review - Submitted 11/15/1993

Proposed Permit – the version of a permit for which the permitting authority (DEQ) 

offers public participation, affected state review, or EPA review.

Approval. Consistent with 

measures dictating a 

permitting program found in 

40 CFR 51.160 and 51.165.

§502.A Under Review - Submitted 11/15/1993

Regulated Air Pollutant – for the purposes of this Chapter, any of the following:

a. nitrogen oxides;

b. volatile organic compounds;

c. any pollutant for which a National Ambient Air Quality Standard has been 

promulgated;

d. any pollutant subject to a standard under section 111 (NSPS) of the Clean Air Act;

Approval. Meets definition 

in 40 CFR 51.165(xxxvii) 

for Regulated NSR 

pollutant.

EPA returned portions of 

the definition of Regulated 
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e. any Class I or II substance subject to a standard promulgated under or established 

by title VI (Stratospheric Ozone Protection) of the Clean Air Act;

f. any pollutant regulated pursuant to section 112 (Hazardous Air Pollutants) of the 

Clean Air Act.

g. any pollutant subject to review under Prevention of Significant Deterioration, LAC 

33.III.509, including hydrogen sulfide, sulfuric acid mist, total reduced sulfur, and 

reduced sulfur compounds;

h. for the purposes of permitting requirements pursuant to LAC 33:III.Chapter 51, 

regulated air pollutants shall include all Louisiana toxic air pollutants listed in Tables 

51.1 or 51.3 of LAC 33:III. Chapter 51.

Air Pollutant, Sections e. (e. 

any Class I or II substance 

subject to a standard 

promulgated under or 

established by title VI 

(Stratospheric Ozone 

Protection) of the Clean Air 

Act;) and (h. for the 

purposes of permitting 

requirements pursuant to 

LAC 33:III.Chapter 51, 

regulated air pollutants 

shall include all Louisiana 

toxic air pollutants listed in 

Tables 51.1 or 51.3 of LAC 

33:III. Chapter 51). in 

italics since they pertain to 

title VI program and the 

MACT program, 

respectively, and are 

therefore not part of the SIP 

submission. They were 

returned to LDEQ on 

8/4/2015.

EPA returned Section f. (f. 

any pollutant regulated 

pursuant to section 112 

(Hazardous Air Pollutants) 

of the Clean Air Act._ on 

2/2/16 since it pertains to the 

MACT program.

§502.A Under Review - Submitted 11/15/1993

Responsible Official – one of the following:

a. for a corporation: a president, secretary, treasurer, or vide-president of the 

corporation in charge of a principal business function, or any other person who 

performs similar policy or decision-making functions for the corporation, or a duly 

authorized representative of such person if the representative is responsible for the 

overall operation of one or more manufacturing, production, or operating facilities 

applying for or subject to a permit and either:

i. the facilities employ more than 250 persons or have gross annual sales or 

expenditures exceeding $25 million (in second quarter 1980 dollars); or

ii. the delegation of authority to such representatives is approved by the permitting 

authority prior to submittal of any certification by such person;

b. for a partnership or sole proprietorship: a general partner or the proprietor, 

respectively. If a general partner is a corporation, the provisions of Subparagraph a of 

this definition apply;

c. for a municipality, state, federal, or other public agency: either a principal executive 

officer or ranking elected official. For the purposes of this definition, a principal 

executive officer of a federal agency includes the chief executive officer having a 

responsibility for the overall operations of a principal geographic unit of the agency; 

or

d. for affected sources:

i. the designated representative in so far as actions, standards, requirements, or 

prohibitions under title IV of the Clean Air Act or 40 CFR Parts 72 and 75 are 

concerned; and

Approval. Consistent with 

40 CFR 51.160(c), which

requires procedures 

providing for the 

submission, by the owner or 

operator of the facility to 

submit information.. 

Section d of the definition, 

in italics, is related to title 

IV and title V respectively 

and is therefore not part of 

the SIP submission. The 

portion of the definition, “d. 

for affected sources:

i. the designated representative in so 

far as actions, standards, 

requirements, or 

prohibitions under title IV of 

the Clean Air Act or 40 CFR 

Parts 72 and 75 are 

concerned; and

ii. the designated 

representative for any other 

purposes under 40 CFR 
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Annotation of LAC 33:III. Chapters 5 and 6 

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Section Annotations of Submitted Revisions to §502 Comments

ii. the designated representative for any other purposes under 40 CFR Part 70 or 

LAC 33:III.507.

Part 70 or LAC 

33:III.507.”, was returned 

to LDEQ on 8/4/2015.

§502.A Submitted 11/15/1993

State-only Change – any change that is not addressed or prohibited under the federally 

enforceable terms and conditions of the permit ,and for which a permit revision is not 

required under 40 CFR Part 70, but for which a permit revision is required by DEQ 

authority under this Chapter.

The definition is related to 

title V exclusively and is 

therefore not part of the SIP 

submission. The definition 

was returned to LDEQ on 

8/4/2015.

§502.A Under Review - Submitted 11/15/1993

Stationary Source – any building, structure, facility, or installation which emits or may 

emit any air pollutant subject to regulation under this Chapter.

Approval. Consistent with 

40 CFR Parts 51.165(a)(a)(i)

for minor NSR and 

51.166(b)(5) for major NSR 

permitting. 

§502.A Under Review - Submitted 11/15/1993

Title I Modification – any physical change or change in the method of operation of a 

stationary source which increases the amount of any regulated air pollutant emitted or 

which results in the emission of any regulated air pollutant not previously emitted and 

which meets one or more of the following descriptions:

a. the change will result in the applicability of a standard of performance for new 

stationary sources promulgated pursuant to section 111 of the Clean Air Act.

b. the change will result in a significant net emissions increase under the program for 

the Prevention of Significant Deterioration, as defined in LAC 33:III.509;

c. the change will result in a significant net emissions increase under the program for 

Nonattainment New Source Review, as defined in LAC 33:III.504;

d. the change will result in the applicability of a maximum achievable control 

technology (MACT) determination pursuant to regulations promulgated under section 

112(g) (Modifications, Hazardous Air Pollutants) of the Clean Air Act.

Approval. Consistent with 

40 CFR Part 51.166(b)(2) 

Major modification.

Consistent with 40 CFR 

51.165(a)(1)(v)(A) Major 

modification.

Section d. is associated with 

MACT requirements and is 

therefore not part of the SIP 

submission and was returned 

to the LDEQ on 8/4/ 2015.

3. Additional Comments.

The definitions in LAC 33:III Section 502 are, in general, consistent with definitions found in 

Part 51 Requirements for preparation, adoption, and submittal of implementation plans promulgated 

under title I of the federal Clean Air Act. LDEQ’s air permitting program utilizes these definitions to 

implement its PSD, Non-attainment NSR and minor NSR air permitting programs. 
Technical Support Document

Annotation of LAC 33:III. Chapters 5 and 6 

Docket No. EPA-R06-OAR-2014-0821

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1. Background on LAC 33:III.503. Emission Reductions

A. Current SIP. This section is currently SIP-approved. The current SIP was approved 

March 8, 1989 (54 09795) at 52.970(c)(49) effective May 8, 1989; as promulgated by 

LDEQ December 1987 (LR 13.741).

B. Submitted Revision to LAC 33:III.503 Reviewed in this Action.

• On November 15, 1993, Louisiana submitted revisions.

• On November 3, 2014, Louisiana submitted revisions.

C. Proposed Action:

• Approval of the LAC 33:III.503.

2. Evaluation Matrix.

Section Annotations of Submitted Revisions to §503 Comments

§503 Minor Source Permit Requirements

§503 Current SIP

Each major proposed new or modified 

source: (1) subject to significant 

deterioration of air quality review or, (2) 

which may significantly contribute to 

levels of air pollution in excess of the 

national ambient air quality standards in a 

control region outside Louisiana shall 

provide written notice to all nearby states, 

the air pollution levels of which may be 

affected by such source, at least 60 days 

prior to the date on which commencement 

of construction is to be permitted by the 

administrative authority.

Under Review, Submitted 11/15/1993

Each major proposed new or modified 

source: (1) subject to significant 

deterioration of air quality review or, (2) 

which may significantly contribute to 

levels of air pollution in excess of the 

national ambient air quality standards in a 

control region outside Louisiana shall 

provide written notice to all nearby states, 

the air pollution levels of which may be 

affected by such source, at least 60 days 

prior to the date on which commencement 

of construction is to be permitted by the 

administrative authority.

A. The owner or operator of each source 

of air contaminants to which this Chapter 

applies shall comply with the general duty 

to operate in accordance with a permit as 

established in LAC 33:III.501. Emissions 

below levels defining a major source, as 

defined under any chapter of LAC 33:Part 

III, do not relieve the owner or operator 

from the obligation to obtain a permit.

B. The following provisions may be 

utilized to meet the permitting 

requirements for minor sources:

1. Exemption. The owner or operator of 

a stationary source which is not a major 

source by any definition under this 

Chapter may apply for an exemption 

provided the criteria in LAC 

33:III.501.B.4 are met.

2. Small Source Permit. The owner or 

operator of a stationary source which is 

Approval. Meets 

§51.160 for 

establishing 

applicability criteria 

for a minor NSR 

permit program. The 

exemptions 

established are also 

being proposed for 

approval into the SIP 

based on the analysis 

provided in the 

Federal Register 

notice.
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Section Annotations of Submitted Revisions to §503 Comments

not a major source may apply for a small 

source permit provided the source emits 

and has the potential to emit less than 25 

tons per year of any regulated pollutant.

3. General Permit. The owner or 

operator of any stationary source, the 

design and operation of which meets the 

qualifications covered by a general 

permit issued under LAC 33:III.513.A., 

may apply for coverage by such general 

permit.

3. Additional Comments.

None.
Technical Support Document

Annotation of LAC 33:III. Chapters 5 and 6 

Docket No. EPA-R06-OAR-2014-0821

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1. Background on LAC 33:III.504. Nonattainment New Source Review (NNSR) Procedures 

A. Current SIP. 

B. Submitted Revision to LAC 33:III.504 Reviewed in this Action.

 On July 25, 1997, Louisiana submitted revisions to the original SIP approval. 

EPA subsumed the section 504 version into the latest 2002 approval for section 

504. 

 On June 15, 2005, Louisiana submitted revisions.

 On December 20, 2005, Louisiana submitted revisions.

 On May 5, 2006, Louisiana submitted revisions, however these revisions were 

promulgated through October 20, 2005, prior to the December 20, 2005, submittal 

and will be considered updated by the December 20, 2005, where both submittals 

contain the same regulatory citations. 

 On November 9, 2007, Louisiana submitted revisions. However, LDEQ submitted 

a letter on October 15, 2014, requesting EPA not take action on LAC 

33:III.504.M of the 11/9/2007, submittal.

 On August 14, 2009, Louisiana submitted revisions.

 On November 3, 2014, Louisiana submitted revisions.

C. Proposed Action:

• Approval of the LAC 33:III.504.

2. Evaluation Matrix.

Section Annotations of Submitted Revisions to §504 Comments

§504 Nonattainment New Source Review (NNSR) 

Procedures 

§504 Nonattainment New Source Review (NNSR) 

Procedures and Offset Requirements in Specified Parishes

§504.A. Proposed SIP on 8/19/2015 as submitted 

by the State on 11/09/2007 and approved 

into the SIP on 11/5/2015 at (80 FR 

68451).

A.2. Except as specified in Subsection M 

of this Section, the potential to emit of a 

stationary source shall be compared to the 

major stationary source threshold values 

listed in Subsection L. Table 1 of this 

Section to determine whether the source is 

major.

A. 3. Except as specified in Subsection M 

of this Section, the emissions increase that 

would result from a proposed 

modification, without regard to project 

decreases, shall be compared to the trigger 

values listed in Subsection L. Table 1 of 

this Section to determine whether a

calculation of the net emissions increase 

over the contemporaneous period must be 

performed.

Under Review, Submitted 11/3/2014

A.2. Except as specified in Subsection M 

of this Section, tThe potential to emit of a 

stationary source shall be compared to the 

major stationary source threshold values 

listed in Subsection L. Table 1 of this 

Section to determine whether the source is 

major.

A. 3. Except as specified in Subsection M 

of this Section, tThe emissions increase 

that would result from a proposed 

modification, without regard to project 

decreases, shall be compared to the trigger 

values listed in Subsection L. Table 1 of 

this Section to determine whether a 

calculation of the net emissions increase 

over the contemporaneous period must be 

performed.

a. Actual-to-Projected-Actual 

Applicability Test for Projects That Only 

Involve Existing Emissions Units. The 

Approval. Revisions to 

LAC 33:III.504.A.2.

and A.3.revise the 

SIP-approved major 

source applicability 

determination. Table 1 

was approved into the 

SIP on 11/5/2015 at 

(80 FR 68451).

The changes meet the 

requirements of 40 

CFR 51.165(a)(1)(x)

which defines 

significant net 

emission increases.

A.4 the changes meet 

the requirements and 

is a non-substantive 
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Section Annotations of Submitted Revisions to §504 Comments

a. Actual-to-Projected-Actual 

Applicability Test for Projects That 

Only Involve Existing Emissions Units. 

The emissions increase of a regulated 

pollutant shall be calculated by 

summing the difference between the 

projected actual emissions, as defined in 

Subsection K of this Section, and the 

baseline actual emissions as defined in 

Subsection K of this Section, 

specifically Subparagraphs a and b of 

the definition, for each existing 

emissions unit.

Actual -to-Potential Test for Projects 

That Only Involve Construction of New 

Emissions Units. The emissions 

increase of a regulated pollutant shall be 

calculated by summing the difference 

between the potential to emit, as defined 

in Subsection K of this Section, from 

each new emissions unit following 

completion of the project and the 

baseline actual emissions, as defined in 

Subsection K of this Section, 

specifically Subparagraph c of the 

definition, of these units before the 

project.

c. RESERVED

d. Hybrid Test for Projects That 

Involve Multiple Types of Emissions 

Units. The emissions increase of a 

regulated pollutant shall be calculated 

using the methods specified in 

Subparagraphs A.3.a-b of this Section, 

as applicable, with respect to each 

emissions unit, for each type of 

emissions unit. 

4. Except as specified in Subsection M of 

this Section, the net emissions increase 

shall be compared to the significant net 

emissions increase values listed in 

Subsection L. Table 1 of this Section to 

determine whether a nonattainment new 

source review must be performed.

emissions increase of a regulated 

pollutant shall be calculated by summing 

the difference between the projected 

actual emissions, as defined in 

Subsection K of this Section, and the 

baseline actual emissions as defined in 

Subsection K of this Section, specifically 

Subparagraphs a and b of the definition, 

for each existing emissions unit.

Actual -to-Potential Test for Projects 

That Only Involve Construction of New 

Emissions Units. The emissions 

increase of a regulated pollutant shall be 

calculated by summing the difference 

between the potential to emit, as defined 

in Subsection K of this Section, from

each new emissions unit following 

completion of the project and the 

baseline actual emissions, as defined in 

Subsection K of this Section, specifically 

Subparagraph c of the definition, of 

these units before the project.

c. RESERVED

d. Hybrid Test for Projects That Involve 

Multiple Types of Emissions Units. The 

emissions increase of a regulated 

pollutant shall be calculated using the 

methods specified in Subparagraphs 

A.3.a-b of this Section, as applicable, 

with respect to each emissions unit, for 

each type of emissions unit. 

4. Except as specified in Subsection M of 

this Section, tThe net emissions increase 

shall be compared to the significant net 

emissions increase values listed in 

Subsection L. Table 1 of this Section to 

determine whether a nonattainment new 

source review must be performed.

change from the 

current SIP.

§504.D. Proposed SIP on 8/19/2015 as submitted 

by the State on 11/09/2007

D.5. Except as specified in Subsection M 

of this Section, emission offsets shall 

provide net air quality benefit, in 

accordance with offset ratios listed in 

Subsection L. Table 1 of this Section in 

the area where the NAAQS for that 

pollutant is violated.

Under Review, Submitted 11/3/2014

D.5. Except as specified in Subsection M 

of this Section, eEmission offsets shall 

provide net air quality benefit, in 

accordance with offset ratios listed in 

Subsection L. Table 1 of this Section in 

the area where the NAAQS for that 

pollutant is violated.

Approval. The 

provision meets the 

requirements. No 

substantive change

from the current SIP or 

the Major NSR SIP 

proposed for approval 

on 8/19/2015 (80 FR 

50240) and published 

final on 11/5/2015 at 

(80 FR 68451).
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Section Annotations of Submitted Revisions to §504 Comments

§504.F. Proposed SIP on 8/19/2015 as submitted

by the State on 5/16/2011

F.1. Except as specified in Subsection M 

of this Section, offsets shall be required at 

the ratio specified in Subsection L, Table 

1 of this Section. All emission reductions 

claimed as offset credit shall be from 

decreases of the same regulated pollutant 

or pollutant class (e.g., VOC) for which 

the offs required, except that direct PM2.5

emissions or emissions of PM2.5

precursors may be offset by reductions in 

direct PM2.5 emissions or emissions of 

any PM2.5 precursor, if such offsets 

comply with the interprecursor trading 

hierarchy and ratio established in the 

approved SIP for a particular 

nonattainment area.

Revisions adopted November 2012; 

submitted November 3, 2014

F.1. Except as specified in Subsection M 

of this Section, offsets Offsets shall be 

required at the ratio specified in 

Subsection L, Table 1 of this Section. All 

emission reductions claimed as offset 

credit shall be from decreases of the same 

regulated pollutant or pollutant class (e.g., 

VOC) for which the offset is required, 

except that direct PM2.5 emissions or 

emissions of PM2.5 precursors may be 

offset by reductions in direct PM2.5

emissions or emissions of any PM2.5 

precursor, if such offsets comply with the 

interprecursor trading hierarchy and ratio 

established in the approved SIP for a 

particular nonattainment area.

Approval. The 

reference to 

Subsection M has been 

deleted because the 

state has deleted that 

state-only requirement. 

Note that LAC 

33:III.504(M) was 

never submitted for 

SIP approval.

§504.M. Revisions adopted November 2012; submitted November 3, 2014

M. Offset Requirements in Specified Parishes. Except as provided in Paragraph M.4. 

of this Section, the provisions of this Subsection shall apply to stationary sources 

located in the parishes of Ascension, East Baton Rouge, Iberville, Livingston, and West 

Baton Rouge if the parish’s designation with respect to the 8-hour national ambient air 

quality standard (NAAQS) for ozone is attainment, “marginal” nonattainment, or 

“moderate nonattainment.”

1. New Stationary Sources. The owner or operator of a new stationary source shall 

provide offsets for potential VOC and NOx emissions in excess of 50 tons per year.

2. Existing Stationary Sources

a. Consideration of the net emissions increase shall be triggered for any physical 

change or change in the method of operation that would increase emissions of VOC or 

NOx by 25 tons per year or more, without regard to any project decreases.

b. The owner or operator of an existing stationary source with a potential to emit 50 

tons per year or more of VOC shall provide VOC offsets for each physical change or 

change in the method of operation that would result in a net emissions increase of 25 

tons per year or more of VOC.

c. The owner or operator of an existing stationary source with a potential to emit 50 

tons per year or more of NOx shall provide NOx offsets for each physical change or 

change in the method of operation that would result in a net emissions increase of 25 

tons per year or more of NOx.

3. Offsets shall be required at a ratio of 1.1 to 1.

4. The provisions of this Subsection shall not apply to any new major stationary source 

or major modification as defined in Subsection K of this Section.

Approval. 

EPA took no action on 

11/9/2007 SIP 

submittal for 504.M. at 

LDEQ’s request in the

11/5/2015 at (80 FR 

68451).final Major 

NSR SIP action. 

However, LDEQ 

resubmitted this 

section on 11/3/2014,

requesting action.

LAC 33:III.504(M) 

establishes major 

source thresholds for 

highly-reactive 

volatile organic 

compounds in 

specified parishes. 

These thresholds are 

consistent with federal 

requirements for major 

source applicability at 

40 CFR 

51.165(a)(1)(i-iv). 

3. Additional Comments.

None.
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Annotation of LAC 33:III. Chapters 5 and 6 

Docket No. EPA-R06-OAR-2014-0821

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1. Background on LAC 33:III.511. Emission Reductions

A. Current SIP. This section is not SIP-approved. 

B. Submitted Revision to LAC 33:III.511 Reviewed in this Action.

• On November 15, 1993, Louisiana submitted revisions.

C. Proposed Action:

 Approval of the LAC 33:III.511.

2. Evaluation Matrix.

Section Annotations of Submitted Revisions to §511 Comments

§511 Emission Reductions

§511 Under Review - Submitted 11/15/1993

The owner or operator of any source permitted under this Chapter shall submit a 

notification to the permitting authority prior to the initiation of any project which will 

result in emission reductions. The notification shall include a description of the 

proposed action, a location map, a description of the composition of air contaminants 

involved, the rate and temperature of the emissions, the identity of the sources involved 

and the change in emissions. The permitting authority may request additional 

information related to the reduction project. The permitting authority shall grant 

authorization to construct where consistent with LAC 33:III.501.C.3. The permitting 

authority shall notify the owner or operator of a determination regarding such 

authorization within 30 days of receiving the notification. Emission reduction projects 

at a Part 70 source may be processed as a state-only change provided the requirements 

of LAC 33:III.507.F are met. Any appropriate permit revision reflecting the emission 

reduction shall be made no later than 180 days after commencement of operation and in 

accordance with the procedures of this Chapter.

Approval. Meets 

51.160 for establishing 

applicability criteria 

for a minor NSR 

permit program. LAC 

33:III.519 is not 

approved in the SIP 

specifically but does 

reflect legally 

enforceable procedures 

required in 40 CFR 

51.163.

3. Additional Comments.

None.
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Annotation of LAC 33:III. Chapters 5 and 6 

Docket No. EPA-R06-OAR-2014-0821

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1. Background on LAC 33:III.513. General Permits, Temporary Sources, and Relocation of 

Portable Facilities

A. Current SIP. This section is not SIP-approved. 

B. Submitted Revisions to LAC 33:III.513 Reviewed in this Action.

 On November 15, 1993, Louisiana submitted the rule for review.

 On November 9, 2007, Louisiana submitted the rule for review.

C. Proposed Action:

 Approval of the LAC 33:III.513.

2. Evaluation Matrix.

Section Annotations of Submitted Revisions to §513 Comments

§513 General Permits, Temporary Sources, and Relocation of Portable Facilities

§513.A Under Review - Submitted 11/15/1993

A. General Permits

1. The permitting authority may issue a 

general permit intended to cover 

numerous similar sources or activities. 

General permits shall be issued in 

accordance with LAC 33:III.519and, 

prior to issuance, shall undergo public 

notice and review by and, prior to 

issuance, shall undergo public notice and 

review by affected states and EPA in 

accordance with LAC 33:III.531 and 533. 

Each general permit shall incorporate 

terms and conditions applicable to 

sources which would qualify for the 

general permit. Any general permit shall 

identify criteria by which sources may 

qualify for the general permit, and may 

provide for applications which deviate 

from the requirements of LAC 33:III.517.

Under Review – Rev Submitted 

11/9/2007

A. General Permits

1. The permitting authority may issue a 

general permit intended to cover 

numerous similar sources or activities. 

General permits shall be issued in 

accordance with LAC 33:III.519 and, 

prior to issuance, shall undergo public 

notice and, if the general permit is 

intended to cover a Part 70 source as 

defined in LAC 33:III:502, review by 

affected states and EPA in accordance 

with LAC 33:III.531 and 533. Each 

general permit shall incorporate terms 

and conditions applicable to sources that 

which would qualify for the general 

permit. Any general permit shall identify 

criteria by which sources may qualify for 

the general permit, and may provide for 

applications which deviate from the 

requirements of LAC 33:III.517.

The EPA is severing 

Section 513.A.1. and 

therefore not taking 

action due to the 

reference to Section 

531 which is also 

severed from this SIP 

action.

EPA returned to 

LDEQ the portion in 

italics, of Section

513.A.1. (if the 

general permit is 

intended to cover a 

Part 70 source as 

defined in LAC 

33:III:502) since it 

pertains to the title V 

operating permit 

program and is

therefore not part of 

the SIP submission. It

were returned to 

LDEQ on 2/2/16.
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Section Annotations of Submitted Revisions to §513 Comments

Under Review - Submitted 11/15/1993

2. The owner or operator of any source 

which would qualify for the general 

permit may apply for authorization to 

operate under the general permit. The 

application must include all information 

necessary to determine qualification for 

and to assure compliance with the general 

permit. The owner or operator shall 

publish a notice of the application in a 

newspaper of general circulation in the 

local area where the source is or would 

be located.

Under Review – Rev Submitted 

11/9/2007

2. The owner or operator of any source that

which would qualify for the general permit 

may apply for authorization to operate 

under the general permit. The application 

must include all information necessary to 

determine qualification for and to assure 

compliance with the general permit. The 

owner or operator of a Part 70 source as 

defined in LAC 33:III.502 shall publish a 

notice of the application in a newspaper of 

general circulation in the local area where 

the source is or would be located.

Approval. Meets 

51.160 for establishing 

applicability criteria 

for a minor NSR 

permit program. LAC 

33:III.519 is not 

approved in the SIP 

specifically but does 

reflect legally 

enforceable procedures 

required in 40 CFR 

51.163.

EPA returned to 

LDEQ the portion in 

italics, of Section

513.A.2. (The owner 

or operator of a Part 

70 source as defined in 

LAC 33:III.502 shall 

publish a notice of the 

application in a 

newspaper of general 

circulation in the local 

area where the source 

is or would be located)

since it pertains to the 

title V operating 

permit program and is

therefore not part of 

the SIP submission. It 

was returned to LDEQ 

on 2/2/16.

§513.A. Under Review - Submitted 11/15/1993

3. The permitting authority may approve an owner or operator’s application for 

authorization to operate under the general permit without repeating the public 

participation procedures. Such an approval shall not be a final permit action for 

purposes of judicial review regarding the terms and conditions of the general permit.

4. Any source which is issued the general permit shall notswithstanding a permit shield, 

be subject to enforcement action for operation without a permit if the source is later 

determined not to qualify for the general permit.

5. General permits shall not be issued for affected sources under the A cid Rain Program 

established pursuant to title IV of the Clean Air Act.

Approval. Meets 

51.160 for establishing 

applicability criteria 

for a minor NSR 

permit program.

§513.A. Under Review - Submitted 11/9/2007

6. General permits shall not be issued for new major stationary sources and major 

modifications as defined in LAC 33:III.504 or 509.

Approval. Meets 

51.160 for establishing 

applicability criteria 

for a minor NSR 

permit program.

§513.B. Under Review - Submitted 11/15/1993

B. Temporary Sources

1. The permitting authority may issue a single permit under this Chapter establishing 

permit terms and conditions applicable to similar operations by the same source owner 

or operator at multiple locations. The operation must be temporary and involve at least 

one change of location during the term of the permit.

Approval. Meets 

51.160 for establishing 

applicability criteria 

for a minor NSR 

permit program.
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Section Annotations of Submitted Revisions to §513 Comments

2. The owner or operator of any source which would qualify as a temporary source shall 

submit a complete permit application in accordance with LAC 33:III.517. The 

application may request a temporary source permit.

3. Permits for temporary source shall include:

a. conditions that will assure compliance with all state and federally applicable 

requirements at all authorized locations; and

b. requirements that the owner or operator notify the permitting authority at least 10 

days in advance of each change in location.

4. No affected source under the Acid Rain Program under title IV of the Clean Air Act 

shall be permitted as a temporary source.

§513.C. Under Review - Submitted 11/15/1993

C. Relocation of Portable Facilities

1. The administrative authority may issue, on behalf of the department, a certificate of 

approval to relocate an asphalt plant or other transportable facility that is presently 

operating under a certificate of approval from the department provided the facility does 

not constitute a Part 70 source and would not constitute a Part 70 source upon 

relocation. Prior to issuance of any such certificate, the administrative authority shall 

receive adequate assurance from 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; and

d. dispersion of emissions from the relocated source will not cause 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 the acceptability of the relocation.

Approval. Meets 

51.160 for establishing 

applicability criteria 

for a minor NSR 

permit program.

3. Additional Comments.

The EPA is severing Section 513.A.1. due to it referencing Section 531, which is also being 

severed from this SIP package. See the EPA’s analysis under the Additional Comment Sections for 

Section 501 discussing why Section 531 was severed. 
Technical Support Document

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1. Background on LAC 33:III.515. Oil and Gas Wells and Pipelines Permitting Provisions

A. Current SIP. This section is not SIP-approved. 

B. Submitted Revision to LAC 33:III.515 Reviewed in this Action.

 On November 15, 1993, Louisiana submitted the rule for review.

C. Proposed Action:

• Approval of the LAC 33:III.515.

2. Evaluation Matrix.

Section Annotations of Submitted Revisions to §515 Comments

§515 Oil and Gas Wells and Pipelines Permitting Provisions

§515 Under Review - Submitted 11/15/1993

Notwithstanding any other time frames for permit review and issuance established 

under this Chapter, the following provisions shall apply to all applications for permits 

relating to oil and gas wells and pipelines. 

A. Time Frames for Review and Issuance

1. Within 14 workdays after submittal of a permit application, the permitting authority 

shall issue notification of a completeness determination to the owner or operator. If 

written notice of completeness is not provided within 14 workdays after submittal, the 

application shall be deemed complete.

2. If the application is not deemed complete, the department shall notify the owner or 

operator in writing and provide a list of the application’s specific deficiencies.

3. Within 60 workdays after notification to the owner or operator of a complete permit 

application or after the application has been deemed to be complete, a final decision to 

grant or deny the permit shall be issued.

4. In the event of a permit denial, the permitting authority shall provide written reasons 

for the decision to the owner or operator.

5. Any deadline established by this Section may be extended upon mutual agreement of 

the permitting authority and the owner or operator.

B. Additional Requirements

1. The application shall clearly and prominently indicates that the application is 

pertaining to an oil and gas well or pipeline.

2. The application shall indicate whether the owner or operator agrees to extend the 

deadlines established in Subsection A of this Section at the time of submittal of the 

application. A decision not to extend the deadlines at the time of submittal does not 

preclude the permitting authority and the owner or operator from reaching a mutual 

agreement to extend such deadlines at a later date.

Approval. Meets 

51.160(b) for requiring 

LDEQ to make a final 

decision on an 

application. Regarding 

Section 515.A.1., 

LDEQ is not 

constrained to request 

additional information 

even after the 

application is deemed 

complete in order to 

make the appropriate 

action on the permit 

application.
Technical Support Document

Annotation of LAC 33:III. Chapters 5 and 6 

Docket No. EPA-R06-OAR-2014-0821

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1. Background on LAC 33:III.517. Permit Applications and Submittal of Information

A. Current SIP. This section is not SIP-approved. 

B. Submitted Revisions to LAC 33:III.517 Reviewed in this Action.

 On November 15, 1993, Louisiana submitted rules.

 On November 10, 1994, Louisiana submitted rules.

 On July 25, 1997, Louisiana submitted rules.

 On June 22, 1998, Louisiana submitted rules.

 May 5, 2006, Louisiana submitted rules.

C. Proposed Action:

 Approval of the LAC 33:III.517.

2. Evaluation Matrix.

Section Annotations of Submitted Revisions to §517 Comments

§517 Permit Applications and Submittal of Information

§517.A Under Review - Submitted 11/15/1993

A. Timely Submittal

1. Any permit application pertaining to a new or modified source shall be submitted prior to 

commencement of construction, reconstruction, or modification of the source. Construction, 

reconstruction, or modification of the source required to be permitted under this Chapter shall 

not commence prior to approval by the permitting authority.

2. For Part 70 sources, permit applications for an initial permit issued in accordance with 

LAC 33:III.507 shall be submitted by the date established for submittal in accordance with 

LAC 33:III.507.C. A copy of each permit application pertaining to a major Part 70 source 

shall be provided to EPA by the owner or operator at the time the application is submitted 

to the permitting authority.

3. For any source for which grandfathered status has expired due to a change in ownership, 

the permit application shall be submitted by a date specified by the permitting authority, 

which shall allow at least 90 days from the date of notification of the change in ownership 

pursuant to Subsection G of this Section.

Approval. Meets 

51.160(b) for 

establishing 

application 

submission 

requirements for a 

NSR permit 

program.

Section 517.A.2. 

“2. For Part 70 

sources, permit 

applications for an 

initial permit 

issued in 

accordance with 

LAC 33:III.507 

shall be submitted 

by the date 

established for 

submittal in 

accordance with 

LAC 33:III.507.C. 

A copy of each 

permit application 

pertaining to a 

major Part 70 

source shall be 

provided to EPA 

by the owner or 

operator at the 

time the 
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Section Annotations of Submitted Revisions to §517 Comments

application is 

submitted to the 

permitting 

authority.

”, in italics, is not 

part of the SIP 

submission 

because it pertains 

to the title V 

permitting 

program. The rule 

citation was 

returned to LDEQ 

on 2/2/16.

§517.B Under Review - Submitted 11/15/1993

B. Certification

1. Any application form, report, or compliance certification submitted under this Chapter 

shall contain certification by a responsible official of truth, accuracy, and completeness. 

The certification shall state that, based on information and belief formed after reasonable 

inquiry, the statements and information contained in the application are true, accurate, and 

complete.

2. Any application pertaining to a Part 70 source shall include a compliance certification 

and provisions for future compliance certifications as follows:

a. a certification of compliance with all applicable requirements by a responsible official 

consistent with Subsection B.1 of this Section and section 114(a)(3) of the Clean Air Act;

b. a statement of methods used for determining compliance, including a description of 

monitoring, recordkeeping, and reporting requirements and test methods;

c. a schedule for submission of compliance certifications during the permit duration, to be 

submitted at least annually or more frequently if specified by the underlying federally 

applicable requirement or by the permitting authority; and

d. a statement indicating the source’s compliance status with any applicable enhanced 

monitoring and compliance certification requirements of the Clean Air Act.

Approval. Meets 

both 51.163 for 

major PSD and 

minor NSR 

permitting and 

51.165(a)(2) for 

major NNSR 

permitting for 

submission of 

information 

necessary to 

regulate emissions 

for sources.

Section 517.B.2. 

“Any application 

pertaining to a 

Part 70 source 

shall include a 

compliance 

certification and 

provisions for 

future compliance 

certifications as 

follows:

a. a certification of 

compliance with 

all applicable 

requirements by a 

responsible official 

consistent with 

Subsection B.1 of 

this Section and 

section 114(a)(3) 

of the Clean Air 

Act;

b. a statement of 

methods used for 

determining 

compliance, 

including a 

description of 

monitoring, 
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Section Annotations of Submitted Revisions to §517 Comments

recordkeeping, and 

reporting 

requirements and 

test methods;

c. a schedule for 

submission of 

compliance 

certifications 

during the permit 

duration, to be 

submitted at least 

annually or more 

frequently if 

specified by the 

underlying 

federally 

applicable 

requirement or by 

the permitting 

authority; and

d. a statement 

indicating the 

source’s 

compliance status 

with any 

applicable 

enhanced 

monitoring and 

compliance 

certification 

requirements of the 

Clean Air Act.”, 

in italics, is not 

part of the SIP 

submission 

because it pertains 

to the title V 

permitting 

program. The rule 

citation was 

returned to LDEQ 

on 2/2/16.

Under Review - Submitted 11/15/1993

B. Certification

3. Any application form submitted under 

this Chapter 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 application shall be certified by a 

professional engineer as defined in the 

above named Act or by a responsible person 

authorized to act on behalf of the 

professional engineer.

Under Review - Rev Submitted 6/22/1998

B. Certification

3. Any permit application for a major 

source, including Part 70 applications,

form submitted under this Chapter 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 application 

shall be certified by a professional engineer, 

as defined in the above named Act, or by a 

responsible person authorized to act on 

behalf of the professional engineer. All 

other permit applications shall be certified 

Approval. Meets 

both 51.163 for 

major PSD and 

minor NSR 

permitting and 

51.165(a)(2) for 

major NNSR 

permitting for 

submission of 

information 

necessary to 

regulate emissions 

for major PSD, 

NNSR and NSR 

sources.
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Section Annotations of Submitted Revisions to §517 Comments

by a responsible facility official or his/her 

designee. The portion of 

517.B.3., 

“including Part 70 

applications,” in 

italics, is not part 

of the SIP 

submission 

because it pertains 

to the title V 

permitting 

program. The rule 

citation was 

returned to LDEQ 

on 2/2/16.

§517.C Under Review - Submitted 11/15/1993

C. Duty to Supplement or Correct. Any applicant who fails to submit any relevant facts or 

who has submitted incorrect information in a permit application shall, upon becoming aware 

of such failure or incorrect submittal, promptly submit such supplementary facts or corrected 

information. In addition, an applicant shall provide additional information as necessary to 

address any requirements that become applicable to the source after the date if filed a 

complete application but prior to release of a proposed permit.

Approval. Meets 

51.165(a)(2) for 

submission of 

information 

necessary to 

regulate emissions 

for minor sources.

§517.D Under Review - Submitted 11/15/1993

D. Contents of Application. Applications for permits shall be submitted in accordance with 

forms and guidance provided by the permitting authority. At a minimum, each permit 

application submitted under this Chapter shall contain the following:

1. identifying information, including company name, physical address and mailing address, 

facility name and address if different from the company, a map showing the location of the 

facility, owner’s and operator’s names and agent, and telephone number and name of plant 

manager or contact;

2. a description of the source’s processes and products, including standard industrial 

classification code, and EPA source category of hazardous air pollutants if applicable;

3. information regarding emissions from the source of all regulated air pollutants, 

including:

a. the identify and location of each point of emissions,

b. the size and height of the outlets of such emissions,

c. the temperature of the emissions,

d. the rate of emissions of each pollutant, in tons per year and in such terms as are 

necessary to establish compliance consistent with applicable test methods,

e. the composition and description of the air pollutants being emitted from each point, and

f. the composition and description of fugitive emissions, including equipment leaks and 

nonpoint source emissions, as determined from test results or best available technical data;

4. identification and description of compliance monitoring devices or activities;

5. if the application pertains to a permit revision and/or a modification at the facility, a 

description of the proposed change and any resulting changes in emissions;

6. identification and description of pollution control equipment utilized or proposed to be 

utilized and many other methods which will be taken to minimize emissions of air 

pollutants, including the estimated efficiency of such equipment and methods;

7. information regarding fuels, fuel use, raw materials, production rates, and operating 

schedules;

8. information regarding any limitations on source operation or any applicable work 

practice standards;

9. calculations on which the information in the application is based, provided in sufficient 

detail to allow a determination of the appropriateness and accuracy of such calculations;

10. citation and description of all applicable Louisiana and federal air quality requirements 

and standards;

Approval. Meets 

51.160(c) for 

submission of 

information 

necessary to 

regulate emissions

from construction 

or modification 

that could 

potentially cause a 

violation of a 

control strategy or 

maintenance plan.
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11. description of or reference to any applicable test methods for determining compliance 

with each applicable requirement or standard;

12. for any application pertaining to a major source of toxic air pollutants, information 

regarding the compliance history of sources owned or operated by the applicant, in 

accordance with LAC 33.III.5111;

13. for any application pertaining to a major source of toxic air pollutants, a demonstration 

that the source meets all applicable maximum achievable control technology (MACT) and 

ambient air standard requirements;

14. information regarding the ambient air impact of criteria pollutants as required for the 

source impact pursuant to LAC 33:III.509.K, L, and M;

15. at the request of the permitting authority, a detailed analysis of ambient air impacts 

shall be provided. Any dispersion modeling performed to evaluate compliance with 

ambient air standards shall be conducted according to protocols approved by the permitting 

authority;

16. other information which is required by any applicable federal or Louisiana regulations, 

or which may be necessary to implement and enforce applicable requirements of the federal 

Clean Air Act or federal or Louisiana regulations, or which may be necessary to implement 

and enforce applicable requirements of the federal Clean Air Act or federal or Louisiana 

regulations, or which may be necessary to determine the applicability of such requirements;

§517.D.17. Under Review - Submitted 11/15/1993

17. any information needed to assess and 

collect permit application and annual 

maintenance fees owed pursuant to 

LAC.33.III.Chapter 65; and

Under Review - Rev Submitted 6/22/1998

17. any information needed to assess and 

collect permit application and annual 

maintenance fees owed pursuant to in 

accordance with LAC 33:III.Chapter 65

652; and

Approval. Meets 

51.160(e) and 

51.163 for 

submission of 

information 

necessary to 

implement the 

permitting 

program that 

regulates

emissions for 

minor sources.

§517.D.18. Under Review - Submitted 11/15/1993

18. such other data as may be necessary for a thorough evaluation of the source and 

existing or proposed activities.

Approval. Meets 

51.160(c) for 

submission of 

information 

necessary to 

regulate emissions 

for minor sources.

§517.E. Under Review - Submitted 11/15/1993

Additional Application Requirements for Part 70 Sources. In addition to those elements 

listed under Subsection D. of this Section, each application pertaining to a Part 70 source 

shall include the following:

1. a description of the compliance status of the source with all applicable requirements;

2. for applicable requirements with which the source is in compliance, a statement that the 

source will continue to comply with such requirements;

3. for applicable requirements that will become effective during the permit term, a 

statement that the source will meet such requirements on a timely basis;

4. for applicable requirements with which the source is not in compliance at the time of 

permit application submittal, a narrative description of how the source will achieve 

compliance and a compliance schedule. The compliance schedule shall include an 

enforceable sequence of dates by which specific actions will occur at the source, leading to 

compliance with all applicable requirements. The compliance schedule shall include dates 

for submittal of certified progress reports no less frequently than every six months. The 

schedule shall resemble and be at least as stringent as that contained in any judicial 

consent decree or administrative order or compliance order to which the source is subject. 

EPA returned 

Sections 517.E. 1.-

8. since the

citations pertain to 

the title V 

operating permit 

program and are 

therefore not part 

of the SIP 

submission. They 

were returned to 

LDEQ on 2/2/16.
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Section Annotations of Submitted Revisions to §517 Comments

The schedule shall be supplemental to and shall not sanction noncompliance with the 

applicable requirements on which it is based;

5. for affected sources under the federal Acid Rain Program, the requirements of 

Subsection E.1 through 4 of this Section shall apply and be included in the acid rain 

portion of the compliance plan, except as specifically superseded by regulations 

promulgated under title IV of the Clean Air Act with regard to the schedule and methods 

the source will use to achieve compliance with the acid rain emission limitations;

6. a listing and explanation of any proposed exemptions from otherwise applicable 

requirements; and

7. if a permit shield is requested in accordance with LAC 33:III.507.I, an explicit request 

for the shield, listing those federally applicable requirements for which the shield is 

requested and the corresponding draft permit terms and conditions by which the owner or 

operator proposes to maintain compliance. A narrative summary of any applicability 

determinations pertaining to the shield, together with any relevant data or calculations, 

shall be included in the request; and 

8. identification of any reasonably anticipated alternative operating scenarios for which 

the applicant is applying. Such identification shall include sufficient information to 

develop permit terms and conditions for each scenario, including source process and 

emissions data.

§517.F Under Review - Submitted 11/15/1993

F. Confidential Information

Under Review - Rev Submitted 7/25/1997

F. Confidential Information. Provisions for 

confidential information may be found in 

LAC 33:I.Chapter 5.

Approval. Meets 

51.165(a)(2) for 

submission of 

information 

necessary to 

regulate emissions 

for major and 

minor sources.

§517.F.1 Under Review - Submitted 11/15/1993

1. Non-disclosure Must be Requested. All 

information obtained under the Louisiana 

Environmental Quality Act (the Act) R.S. 

30:2001 et seq. or these regulations; by any 

order, license, or permit term or condition 

adopted or issued under the Act of these 

regulations; or by any investigation 

authorized hereby shall be available to the 

public, unless non-disclosure is requested 

and granted in accordance with R.S. 

30:2030 provided, however, that claims of 

confidentiality for any data regarding air 

emissions will be denied.

Under Review - Rev Submitted 11/10/1994

1. Non-disclosure Must be Requested. All 

information obtained under the Louisiana 

Environmental Quality Act (the Act) R.S. 

30:2001 et seq. or these regulations; by any 

order, license, or permit term or condition 

adopted or issued under the Act of these 

regulations; or by any investigation 

authorized thereby shall be available to the 

public, unless non-disclosure is requested 

and granted in accordance with R.S. 

30:2030 provided however, that claims of 

confidentiality for any data regarding air 

emissions will be denied. No permit or 

portion of a permit issued to a source in 

accordance with LAC 33:III.507 shall be 

held confidential.

§517.F.2, 

F.3., F.4., 

F.5, F.6., 

F.7, and 

F.8.

Under Review - Submitted 11/15/1993

2. 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.

3. Basis for Non-disclosure Must be Specified. A facility may submit a written request for 

non-disclosure which shall be specify the basis for requesting non-disclosure as provided in 

R.S. 30:2030. All materials clearly labeled “CONFIDENTIAL” which are submitted to the 

administrative authority with a written request for non-disclosure shall, subject to 

Subsection F.2 of this Section, be afforded confidentiality.
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4. Provision for Denial. If the administrative authority determines that any material 

received pursuant to Subsection F.3 of this Section should not be afforded confidentiality, 

the department shall issue a written denial of the request for non-disclosure to the requestor.

5. 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 emissions 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 labeled “CONFIDENTIAL,” with access appropriately controlled.

6. Persons Who Must Sign Access Log. Whenever a person authorized under Subsection 

F.2 of this Section 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.

7. 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 from the file no longer than is strictly necessary. A 

maximum of one duplication or copy of any confidential information will be allowed.

8. 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 Clean Air 

Act, these regulations, or any order or under the terms and conditions of any license or permit.

§517.G Under Review - Submitted 11/15/1993

G. Change of Ownership. Notification of 

any change in ownership must be given to 

the permitting authority within 90 days after 

the change. Such notification need not 

require a complete permit application 

submittal, but shall be provided in 

accordance with forms or guidance from the 

permitting authority. The administrative 

authority is authorized to amend the permit 

to reflect such changes in accordance with 

LAC 33:III.521. Failure to disclose such 

changes of ownership within 90 days after 

the event will be grounds for invalidation of 

the permit. Change of ownership may be 

considered sufficient cause for reopening in 

accordance with the procedures established 

by LAC 33e:III.529 in order to allow for a 

review of the compliance history of the new 

owner. Changes in ownership of a source 

holding grandfathered status will require 

that a permit application be submitted in 

accordance with LAC 33:III.501.B.6 and 

517.A.3.

Under Review - Rev Submitted 5/5/2006

G. Change of ownership shall be done in 

accordance with LAC 33:1.Chapter 19. 

Notification of any change in ownership 

must be given to the permitting authority 

within 90 days after the change. Such 

notification need not require a complete 

permit application submittal, but shall be 

provided in accordance with forms or 

guidance from the permitting authority. 

The administrative authority is authorized 

to amend the permit to reflect such changes 

in accordance with LAC 33:III.521. Failure 

to disclose such changes of ownership 

within 90 days after the event will be 

grounds for invalidation of the permit. 

Change of ownership may be considered 

sufficient cause for reopening in accordance 

with the procedures established by LAC 

33e:III.529 in order to allow for a review of 

the compliance history of the new owner. 

Changes in ownership of a source holding 

grandfathered status will require that a 

permit application be submitted in 

accordance with LAC 33:III.501.B.6 and 

517.A.3.

Approval. Meets 

51.165(a)(2) for 

submission of 

information 

necessary to 

regulate emissions 

for major and 

minor sources.
Technical Support Document

Annotation of LAC 33:III. Chapters 5 and 6 

Docket No. EPA-R06-OAR-2014-0821

62

3. Additional Comments.

None.
Technical Support Document

Annotation of LAC 33:III. Chapters 5 and 6 

Docket No. EPA-R06-OAR-2014-0821

63

1. Background on LAC 33:III.519. Permit Issuance Procedures for New Facilities, Initial 

Permits, Renewals and Significant Modifications

A. Current SIP. This section is not SIP-approved. 

B. Submitted Revisions to LAC 33:III.519 Reviewed in this Action.

 On November 15, 1993, Louisiana submitted rules.

C. Proposed Action:

 Approval of the LAC 33:III.519.A. and 519.B.

2. Evaluation Matrix.

Section Annotations of Submitted Revisions to §519 Comments

§519 Permit Issuance Procedures for New Facilities, Initial Permits, Renewals and Significant Modifications

§519.A Under Review - Submitted 11/15/1993

A. Completeness Review

1. Within 60 days of receipt of a permit application, the permitting authority 

shall review the application for completeness and shall:

a. notify the applicant in writing that the application is complete; or

b. notify the applicant in writing of any deficiencies.

2. The applicant shall submit any additional information requested by the date 

specified in such notice. Pursuant to LAC.33.I.Chapter 15, for any application 

pertaining to a new facility or to a substantial modification, the date specified for 

submittal shall be no later than 30 days from receipt of the notice of deficiency.

3. If the permitting authority fails to issue a notice of completeness or deficiency 

within 60 days from receipt of the application or receipt of additional 

information requested under Subsection A.1 of this Section, the application shall 

be deemed complete.

4. Pursuant to LAC 33.I.Chapter 15, for any application pertaining to a new 

facility which will be a major source or to a substantial modification, the 

applicant shall publish a notice of the completeness determination in a major 

local newspaper.

Approval. Meets 40 CFR 

Part 51.160(a).

§519.B Under Review - Submitted 11/15/1993

B. Technical Review

1. If at any time during the review process of an application that has been 

determined or deemed to be complete the permitting authority determines that 

additional information is necessary to evaluate or take final action on the

application, the permitting authority shall provide notice to the applicant and 

require a response shall provide notice to the applicant and require a response 

within a reasonable specified time.

Approval. Meets 40 CFR 

Part 51.160(a).

§519.C Under Review - Submitted 11/15/1993

C. Final Action

1. Prior to taking final action on a permit application, notice shall be provided to 

allow for review by the public and affected states where required by law or 

deemed appropriate in accordance with LAC 33:III.531.

2. Prior to taking final action on any permit application pertaining to a Part 70 

source, notice shall be provided to allow for review by EPA where required by 

law or deemed appropriate in accordance with LAC 33:III.533.

3. Final action shall be taken on any application pertaining to a Part 70 source 

within 18 months of receipt of a complete application, except as provided under 

the time frames for issuance of initial Part 70 permits to existing sources under 

The EPA is severing Section 

519.C.1 and therefore not 

taking action due to it 

referencing Section 531 

which is also severed from 

this SIP action.

EPA returned to LDEQ the 

portion in italics, of 

Sections519.C.2. and 

519.C.3. (2. Prior to taking 
Technical Support Document

Annotation of LAC 33:III. Chapters 5 and 6 

Docket No. EPA-R06-OAR-2014-0821

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Section Annotations of Submitted Revisions to §519 Comments

LAC 33:III.507 or as provided for the issuance of acid rain permits under LAC 

33:III.505.

4. Notwithstanding the 18-month allowance in Subsection C.3 of this Section, 

final action shall be taken on any application relating to a new facility or to a 

substantial modification, as defined in LAC 33:I.Chapter 15, within 410 days of 

receipt of the permit application.

5. In any case where the permitting authority has determined that any proposed 

new or modified source would prevent the attainment or maintenance of any 

state or national ambient air quality standard, would violate any applicable 

portion of the Louisiana State Implementation Plan, or would not result in 

compliance with all federally applicable requirements and all requirements and 

standards of LAC 33.III, Louisiana Air Quality regulations, the permitting 

authority shall have the power to prevent construction, modification, or 

operation of such source and shall deny the permit.

final action on any permit 

application pertaining to a 

Part 70 source, notice shall 

be provided to allow for 

review by EPA where 

required by law or deemed 

appropriate in accordance 

with LAC 33:III.533.

3. Final action shall be 

taken on any application 

pertaining to a Part 70 

source within 18 months of 

receipt of a complete 

application, except as 

provided under the time 

frames for issuance of initial 

Part 70 permits to existing 

sources under LAC 

33:III.507 or as provided 

for the issuance of acid rain 

permits under LAC 

33:III.505.) since it pertains

to the title V operating 

permit program and is

therefore not part of the SIP 

submission. It were returned 

to LDEQ on 2/2/16.

3. Additional Comments.

The EPA is severing Section 519.C. due to it referencing Section 531, which is also being 

severed from this SIP package.
Technical Support Document

Annotation of LAC 33:III. Chapters 5 and 6 

Docket No. EPA-R06-OAR-2014-0821

65

1. Background on LAC 33:III.521. Administrative Amendments

A. Current SIP. This section is not SIP-approved. 

B. Submitted Revisions to LAC 33:III.521 Reviewed in this Action.

 On November 15, 1993, Louisiana submitted rules.

 On November 10, 1994, Louisiana submitted rules.

 On May 5, 2006, Louisiana submitted rules.

C. Proposed Action:

 Approval of the LAC 33:III.521.

2. Evaluation Matrix.

Section Annotations of Submitted Revisions to §521 Comments

§521 Administrative Amendments

§521.A.1 & 

A.2

Under Review - Submitted 11/15/1993

A. Administrative Amendments Criteria. Administrative amendment procedures 

may be used to revise the permit for any change that would not violate any 

applicable requirement or standard and:

1. Corrects typographical errors or errors in transcribing the proposed permit to 

the final version of the permit;

2. updates or corrects identifying information at the source;

Approval. Meets 40 CFR 

Part 51.163.

§521.A.3 Under Review - Submitted 11/15/1993

A.

3. allows for a change in ownership at 

the source, in accordance with forms 

and guidance provided by the 

permitting authority and pursuant to 

LAC 33e:III.517.G;

Under Review - Rev Submitted 

5/5/2006

A.

3. allows for a change in ownership at 

the source, in accordance with forms 

and guidance provided by the 

permitting authority and pursuant to 

LAC 33e:III.517.G:I.Chapter 19;

Approval. Meets 40 CFR 

Part 51.163.

§521.A.4 & 

A.5

Under Review - Submitted 11/15/1993

A.

4. identifies as a federal MACT emission limit, ;pursuant to sections 112(g) 

(Modifications) or 112(j) (Equivalent Emission Limitation by Permit) of the 

Clean Air Act, terms and conditions which have already undergone public notice 

as MACT for the facility, provided adequate opportunity is given for EPA and 

affected state review and provided compliance provisions consistent with LAC 

33:III.507.H.1 are included in the permit; terms and conditions consistent with 

emissions data and operating parameters as determined by start-up testing 

results, provided such changes are determined to meet the criteria of LAC 

33:III.523; or

5. incorporates changes to render preconstruction permit terms and conditions 

consistent with emissions data and operating parameters as determined by startup testing results, provided such changes are determined to meet the criteria of 

LAC 33:III.523; or

EPA returned Sections 

501.A.4. it pertains to the 

MACT program and is

therefore not part of the SIP 

submission. They were 

returned to LDEQ on 2/2/16.

§521.A.6 Under Review - Submitted 11/15/1993

6. incorporates other changes which do 

not require permit modifications under 

40 CFR Part 70, and which the 

permitting authority determines to be 

Under Review - Rev Submitted 

11/10/1994

6. incorporates other state-only

changes to terms and conditions which 

do not require permit modifications are 

not federally enforceable under 40 

Approval. Meets 40 CFR 

Part 51.163.
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Annotation of LAC 33:III. Chapters 5 and 6 

Docket No. EPA-R06-OAR-2014-0821

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Section Annotations of Submitted Revisions to §521 Comments

similar in nature to the changes listed 

in this Subsection.

CFR Part 70 and which the permitting 

authority determines to be similar in 

nature to the changes listed in this 

Subsection.

§521.B Under Review - Submitted 11/15/1993

Administrative Amendment Procedures

1. For changes which qualify under Subsection A of this Section, the owner or 

operator of the source may submit a request for an administrative amendment to 

the permit. Such request shall include a listing for the request, any verification 

needed by the permitting authority to determine the appropriateness of the 

amendment.

2. Within 60 days of receipt of the request, the permitting authority shall take 

final action on the request by doing of the following:

a. incorporate the requested amendment and, for Part 70 sources, submit a copy 

of the amended permit to the administrator; or

b. deny the request.

3. Notwithstanding any other provisions of this Section, administrative 

amendments to the Acid Rain portion of a permit shall be made as specified in 

LAC 33:III.505.O.

Approval. Meets 51.160(b) 

for establishing an NSR air 

permit program which 

allows for modifications and 

the associated application 

submission requirements.

3. Additional Comments.

None.
Technical Support Document

Annotation of LAC 33:III. Chapters 5 and 6 

Docket No. EPA-R06-OAR-2014-0821

67

1. Background on LAC 33:III.523. Procedures for Incorporating Test Results

A. Current SIP. This section is not SIP-approved. 

B. Submitted Revisions to LAC 33:III.523 Reviewed in this Action.

 On November 15, 1993, Louisiana submitted rules

 On August 29, 2013, Louisiana submitted rules

 On November 3, 2014, Louisiana submitted rules

C. Proposed Action:

 Approval of the LAC 33:III.523.

2. Evaluation Matrix.

Section Annotations of Submitted Revisions to §523 Comments

§523 Procedures for Incorporating Test Results

§523.A Under Review - Submitted 11/15/1993

Permit Amendments of Modifications. The owner or operator of any facility 

permitted under this Chapter shall request a permit amendment or modification to 

reflect the results of any testing required or approved by the permitting authority, if 

such testing demonstrates that the terms and conditions of the existing permit are 

inappropriate or inaccurate. The request, together with all information necessary to 

process such request, shall be submitted within 45 days of obtaining the relevant test 

results.

1. Administrative Amendments. Changes to incorporate test results may be 

incorporated into the permit as an administrative amendment if all of the following 

criteria are met:

a. the changes are a result of tests performed upon start-up of newly constructed, 

installed, or modified equipment or operations;

Approval. Meets 

51.160(b) for inclusion of 

procedures for final 

decision making for 

modification with the 

exception of A.1.c. 

EPA returned 

§523.A..1.c. on 2/2/16, 

since it pertains to MACT 

requirements and is 

therefore not part of the 

SIP submission.

Under Review - Submitted 11/15/1993

b. increases in permitted emissions will 

not exceed five tons per year for any 

regulated pollutant;

Under Review - Submitted 11/3/2014

b. increases in permitted emissions will 

not exceed five 5 tons per year for any 

regulated criteria or toxic pollutant;

Under Review - Submitted 11/15/1993

c. increases in permitted emissions of Louisiana toxic air pollutants or of federal 

hazardous air pollutants would not constitute a modification under LAC 33:III. 

Chapter 51 or under Section 112(g) of the Clean Air Act;

d. changes in emissions would not require new source review for prevention of 

significant deterioration or nonattainment, and would not trigger the applicability of 

any federally applicable requirement;

e. changes in emissions would not qualify as a significant modification;

f. the request is submitted no later than 12 months after commencing operation; and

g. the permit contains a term which provides for the incorporation of test results by 

administrative amendment in accordance with this Subsection A.1 of this Section.

2. Permit Modifications. Any change to incorporate test results which would not meet 

the criteria established in Subsection A.1 of this Section shall be incorporated into the 

permit in accordance with the appropriate procedures for minor or significant 

modifications.

§523.B. Under Review - Submitted 11/15/1993

B. Temporary Exemption for Testing

Under Review - Rev Submitted 

8/29/2013

Approval. Meets 

51.160(a) for requiring 
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Annotation of LAC 33:III. Chapters 5 and 6 

Docket No. EPA-R06-OAR-2014-0821

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Section Annotations of Submitted Revisions to §523 Comments

1. The administrative authority may, on 

behalf of the Department of 

Environmental Quality, grant temporary 

exemptions, not to exceed three months 

in duration, from the requirement to 

revise the permit prior to making a 

change in emissions in order to allow 

tests to determine the effect of the 

proposed modification on emission rates. 

This temporary exemption may be 

allowed only in cases where such an 

exemption is not prohibited under 40 

CFR Part 70 or under any federally 

applicable requirement and where the 

effect of the proposed modification 

cannot reliably be determined from 

calculations or from published technical 

literature but is not expected to place 

ambient air standards in jeopardy during 

the testing period.

2. Persons requesting permission to test 

under these provisions shall submit the 

information specified in LAC 33:III.517 

(with the exception of the data, being 

measured in the test). Tests will be 

conducted for the minimum duration 

consistent with obtaining valid results.

3. Within 30 days of test completion, the 

administrative authority shall be given a 

report detailing the conditions that were 

found to exist. If there is to be no 

permanent change in emissions from 

pretest conditions, that should be stated.

4. If there is to be a permanent change 

made which increases emissions, all 

applicable requirements of this Chapter 

must be met. If emissions are to be 

reduced by the modification, the 

requirements of LAC 33:III.511 are 

applicable.

B. Temporary Exemption for Testing

1. The administrative authority may, on 

behalf of the Department of 

Environmental Quality, grant temporary 

exemptions, not to exceed three months 

in duration, from the requirement to 

revise the permit prior to making a 

change in emissions in order to allow 

tests to determine the effect of the 

proposed modification on emission 

rates. This temporary exemption may be 

allowed only in cases where such an 

exemption is not prohibited under 40 

CFR Part 70 or under any federally 

applicable requirement and where the 

effect of the proposed modification 

cannot reliably be determined from 

calculations or from published technical 

literature but is not expected to place 

ambient air standards in jeopardy during 

the testing period.

2. Persons requesting permission to test 

under these provisions shall submit the 

information specified in LAC 33:III.517 

(with the exception of the data, being 

measured in the test). Tests will be 

conducted for the minimum duration 

consistent with obtaining valid results.

3. At least 30 days prior to performing 

any emission test, notification of testing 

shall be made to the Office of 

Environmental Assessment to afford the 

department the opportunity to conduct a 

pretest conference and to have an 

observer present.

34. Within 360 days of test completion, 

the administrative authority shall be 

given a report detailing the conditions 

that were found to exist. If there is to be 

no permanent change in emissions from 

pretest conditions, that should be stated.

45. If there is to be a permanent change 

made that increases emissions, all 

applicable requirements of this Chapter 

must be met. If emissions are to be 

reduced by the modification, the 

requirements of LAC 33:III.511 are 

applicable.

LDEQ to establish 

enforceable procedures to 

determine whether 

emissions resulting from 

construction or 

modification result in 

emissions causing a 

violation of applicable 

portions of a control 

strategy or interference 

with attainment or 

maintenance of a national 

standard. This condition 

should be made in 

accordance with the SIP

approved rules Section 

917 on variances on an 

application for exemption

that ensures the emissions 

will not interfere with the 

attainment or maintenance 

of a national standard and 

does not violate any 

federally applicable 

requirements. This 

exemption should be 

consistent with the 

conditions expressed in 

LDEQ’s letter of 6/9/15, 

regarding variances.

3. Additional Comments.

None.
Technical Support Document

Annotation of LAC 33:III. Chapters 5 and 6 

Docket No. EPA-R06-OAR-2014-0821

69

1. Background on LAC 33:III.601. Purpose

A. Current SIP. This section is currently SIP-approved. The current SIP was approved 

September 27, 2002 at 52.970(c)(49) effective May 8, 1989; as promulgated by LDEQ 

December 1987 (LR 13.741).

B. Submitted Revision to LAC 33:III.601 Reviewed in this Action.

• On November 3, 2014, Louisiana submitted revisions.

C. Proposed Action:

• Approval of the LAC 33:III.601.

2. Evaluation Matrix.

Section Annotations of Submitted Revisions to §601 Comments

LAC 33:III.601 – Purpose

§601.A. Current SIP. Approved by EPA on 

September 27, 2002; as promulgated by 

LDEQ February 2002.

A. This Chapter establishes the means of 

enabling stationary sources to identify and 

preserve or acquire emission reductions for 

New Source Review (NSR) offsets. The 

pollutants to which this rule applies are 

nitrogen oxides (NOx) and volatile organic 

compounds (VOC).

Revisions adopted November 20, 2012; 

submitted as a SIP revision on November 3, 

2014 

A. This Chapter establishes the means of 

enabling stationary sources to identify and 

preserve or acquire emission reductions for 

New Source Review (NSR) offsets. The 

pollutants to which this rule applies are 

nitrogen oxides (NOx) and volatile organic 

compounds (VOC).

Approval. The 

revisions were 

adopted on 

November 20, 

2012. These 

revisions remove 

the requirement 

that the LA 

NNSR offset 

bank is only for 

NOX and VOC 

emissions. 

3. Additional Comments.

None.
Technical Support Document

Annotation of LAC 33:III. Chapters 5 and 6 

Docket No. EPA-R06-OAR-2014-0821

70

1. Background on LAC 33:III.603. Applicability

A. Current SIP. This section is currently SIP-approved. The current SIP was approved 

September 27, 2002 at 52.970(c)(49) effective May 8, 1989; as promulgated by LDEQ 

December 1987 (LR 13.741). The revisions submitted on August 14, 2009, were 

proposed for approval on 8/19/2015 (80 FR 50240) and published final on 11/5/2015 at 

(80 FR 68451). On August 14, 2009, Louisiana submitted revisions. The EPA proposed 

approval of these changes on August 19, 2015, and finalized the changes on November 5, 

2015 at (80 FR 68451).

B. Submitted Revision to LAC 33:III.603 Reviewed in this Action.

• On November 3, 2014, Louisiana submitted revisions.

C. Proposed Action:

• Approval of the LAC 33:III.603.

2. Evaluation Matrix.

Section Annotations of Submitted Revisions to §603 Comments

LAC 33:III.603 – Applicability

§603.A. SIP approved 11/5/2015 at (80 FR 68451).

A. Major stationary sources are subject to 

the provisions of this Chapter for the 

purpose of utilizing emission reductions 

as offsets in accordance with LAC 

33:.III.504. Minor stationary sources 

located in ozone nonattainment areas 

may submit ERC applications for 

purposes of banking. Sources located in 

EPA-designated ozone attainment areas 

may not participate in the emissions 

banking program. Any stationary point 

source at an affected facility is eligible to 

participate.

Revisions adopted November 20, 

2012; submitted as a SIP revision 

on November 3, 2014 

Major stationary sources are 

subject to the provisions of this 

Chapter for the purpose of 

utilizing emission reductions as 

offsets in accordance with LAC 

33:.III.504. Minor stationary 

sources located in ozone 

nonattainment areas may submit 

ERC applications for purposes of 

banking. Sources located in EPAdesignated ozone attainment areas 

may not participate in the 

emissions banking program. Any 

stationary point source at an 

affected facility is eligible to 

participate.

Approval. LDEQ adopted 

revisions to LAC 

33:III.603 in November 

2012 at LR 38:2767. 

These 2012 revisions 

were submitted to EPA on

November 3, 2014. These 

revisions make the bank 

generally apply to 

nonattainment areas, 

instead of restricting use 

to ozone nonattainment 

areas. 

Note that the SIP does not contain LAC 33:III.603(B). This section refers to a state only requirement in LAC 

33:III.504(M). The LDEQ requested that EPA not action on 504(M) in a letter dated October 15, 2014.

3. Additional Comments.

None.
Technical Support Document

Annotation of LAC 33:III. Chapters 5 and 6 

Docket No. EPA-R06-OAR-2014-0821

71

1. Background on LAC 33:III.605. Definitions

A. Current SIP. This section is currently SIP-approved. The current SIP was approved 

September 27, 2002 at 52.970(c)(49) effective May 8, 1989; as promulgated by LDEQ 

December 1987 (LR 13.741). The revisions submitted on August 14, 2009, were 

proposed for approval on 8/19/2015 (80 FR 50240) and published final on 11/5/2015 at 

(80 FR 68451). On August 14, 2009, Louisiana submitted revisions. The EPA proposed 

approval of these changes on August 19, 2015, and finalized approval of the changes on 

November 5, 2015 at (80 FR 68451). 

B. Submitted Revision to LAC 33:III.605 Reviewed in this Action.

• On November 3, 2014, Louisiana submitted revisions.

C. Proposed Action:

• Approval of the LAC 33:III.605.

2. Evaluation Matrix.

Section Annotations of Submitted Revisions to §605 Comments

LAC 33:III.605 – Definitions

§605.A. SIP-Approved by EPA on September 27, 2002.

Adopted and effective by state on February 2002 (LR 28:302).

A. The terms used in this Chapter are defined in LAC 33:III.111 with the exception 

of those terms specifically defined as follows:

No revisions proposed. 

Language provided for 

context.

§605.A. SIP-Approved by EPA on September 

27, 2002. Adopted and effective by state 

on February 2002 (LR 28:302).

Bankable Emission Reductions ---

reductions of NOx or VOC that meet the 

provisions of this Chapter at the time of 

review and approval.

Revisions adopted November 20, 2012; 

submitted as a SIP revision on 

November 3, 2014 

Bankable Emission Reductions ---

reductions of a criteria pollutant NOx or 

VOC that meet the provisions of this 

Chapter at the time of review and 

approval.

Approval. This revision 

expands the bank to 

apply to criteria 

pollutants, not just 

ozone.

§605.A. SIP-Approved by EPA on September 

27, 2002.

Adopted and effective by state on 

February 2002 (LR 28:302).

Base Case Inventory --- the aggregate 

point-source emissions inventory for 

either NOx or VOC from the nine 

modeled parishes, as modeled for the 

2005 Attainment Plan and Transport 

Demonstration SIP dated December 

2001, which includes 1997 actual 

emissions from point sources, banked 

ERC and pending ERC applications 

where the emission reduction occurred 

between January 1, 1990 and December 

31, 1997, and adjustments for growth. 

Separate inventories have been 

established for NOx and VOC.

Revisions adopted November 20, 2012; 

submitted as a SIP revision on 

November 3, 2014.

Repealed.

Base Case Inventory --- the aggregate 

point-source emissions inventory for 

either NOx or VOC from the nine 

modeled parishes, as modeled for the 

2005 Attainment Plan and Transport 

Demonstration SIP dated December 

2001, which includes 1997 actual 

emissions from point sources, banked 

ERC and pending ERC applications 

where the emission reduction occurred 

between January 1, 1990 and December 

31, 1997, and adjustments for growth. 

Separate inventories have been 

established for NOx and VOC.

Approval. LDEQ 

adopted revisions to 

LAC 33:III.605 in 

November 2012 at LR 

38:2767. These 2012 

revisions were 

submitted to EPA on 

November 3, 2014. 

The LDEQ repealed 

this definition because 

it is no longer necessary 

in the SIP. This 

definition referred to 

the 2005 Attainment 

Plan and Transportation

Demonstration SIP has 

been superseded by the 

1997 8-hour Moderate 

SIP revision which was 

approved by the EPA. 
Technical Support Document

Annotation of LAC 33:III. Chapters 5 and 6 

Docket No. EPA-R06-OAR-2014-0821

72

Section Annotations of Submitted Revisions to §605 Comments

LAC 33:III.605 – Definitions

Therefore this 

definition referring to 

the 2005 Attainment 

Plan is no longer 

necessary. 

§605.A. SIP-Approved by EPA on September 

27, 2002. Adopted and effective by state 

on February 2002 (LR 28:302).

Base Line Inventory --- the aggregate 

point-source emissions inventory for 

either NOx or VOC from the nine 

modeled parishes associated with the 

2005 Attainment Plan and Transport 

Demonstration SIP dated December 

2001, which accounts for emission 

reductions modeled to demonstrate 

attainment of the 1-hour national 

ambient air quality standard (NAAQS) 

for ozone. Separate inventories have 

been established for NOx and VOC.

Revisions adopted November 20, 2012; 

submitted as a SIP revision on 

November 3, 2014.

Repealed.

Base Line Inventory --- the aggregate 

point-source emissions inventory for 

either NOx or VOC from the nine 

modeled parishes associated with the 

2005 Attainment Plan and Transport 

Demonstration SIP dated December 

2001, which accounts for emission 

reductions modeled to demonstrate 

attainment of the 1-hour national 

ambient air quality standard (NAAQS) 

for ozone. Separate inventories have 

been established for NOx and VOC.

Approval. LDEQ 

adopted revisions to 

LAC 33:III.605 in 

November 2012 at LR 

38:2767. These 2012 

revisions were 

submitted to EPA on 

November 3, 2014. 

This definition referred 

to the 2005 Attainment 

Plan and Transportation 

Demonstration SIP has 

been superseded by the 

1997 8-hour Moderate 

SIP revision which was 

approved by the EPA. 

Therefore this 

definition referring to 

the 2005 Attainment 

Plan is no longer 

necessary. 

§605.A. SIP-Approved by EPA on September 

27, 2002.

Adopted and effective by state on 

February 2002 (LR 28:302).

Current Total Point-Source Emissions 

Inventory --- the aggregate point-source 

emissions inventory for either NOx or 

VOC from the nine modeled parishes 

compiled from Emission Inventory 

System (EIS) records and updated 

annually in accordance with LAC 

33:III.919 plus any banked ERC and 

pending ERC applications originally 

included in the base case inventory that 

have not expired.

Revisions adopted November 20, 2012; 

submitted as a SIP revision on 

November 3, 2014 

Repealed.

Current Total Point-Source Emissions 

Inventory --- the aggregate point-source 

emissions inventory for either NOx or 

VOC from the nine modeled parishes 

compiled from Emission Inventory 

System (EIS) records and updated 

annually in accordance with LAC 

33:III.919 plus any banked ERC and 

pending ERC applications originally 

included in the base case inventory that 

have not expired.

Approval. LDEQ 

adopted revisions to 

LAC 33:III.605 in 

November 2012 at LR 

38:2767. These 2012 

revisions were 

submitted to EPA on 

November 3, 2014. 

This definition referred 

to the 2005 Attainment 

Plan and Transportation 

Demonstration SIP has 

been superseded by the 

1997 8-hour Moderate 

SIP revision which was 

approved by the EPA. 

Therefore this 

definition referring to 

the 2005 Attainment 

Plan is no longer 

necessary. 

§605.A. SIP-Approved by EPA on September 

27, 2002.

Adopted and effective by state on 

February 2002 (LR 28:302).

Modeled Parishes --- the parishes of 

Ascension, East Baton Rouge, East 

Feliciana, Iberville, Livingston, Pointe 

Coupee, St. Helena, West Baton Rouge, 

and West Feliciana.

Revisions adopted November 20, 2012; 

submitted as a SIP revision on 

November 3, 2014 

Repealed.

Modeled Parishes --- the parishes of 

Ascension, East Baton Rouge, East 

Feliciana, Iberville, Livingston, Pointe 

Coupee, St. Helena, West Baton Rouge, 

and West Feliciana.

Approval. LDEQ 

adopted revisions to 

LAC 33:III.605 in 

November 2012 at LR 

38:2767. These 2012 

revisions were 

submitted to EPA on 

November 3, 2014. 
Technical Support Document

Annotation of LAC 33:III. Chapters 5 and 6 

Docket No. EPA-R06-OAR-2014-0821

73

Section Annotations of Submitted Revisions to §605 Comments

LAC 33:III.605 – Definitions

This definition referred 

to the 2005 Attainment 

Plan and Transportation 

Demonstration SIP has 

been superseded by the 

1997 8-hour Moderate 

SIP revision which was 

approved by the EPA. 

Therefore this 

definition referring to 

the 2005 Attainment 

Plan is no longer 

necessary. 

§605.A. Revisions effective October 20, 2007; 

Submitted August 14, 2009 Approved by 

EPA on 11/5/2015 at (80 FR 68451)

Offset --- a legally enforceable reduction, 

approved by the department, in the rate 

of actual emissions from an existing 

stationary point source, which is used to 

compensate for a significant net increase 

in emissions of NOx or VOC from a new 

or modified stationary source in 

accordance with the requirements of 

LAC 33:III.504. To be valid, an offset 

must meet the definition of ERC.

Revisions adopted November 20, 2012; 

submitted as a SIP revision on 

November 3, 2014 

Offset --- a legally enforceable reduction, 

approved by the department, in the rate 

of actual emissions from an existing 

stationary point source, which is used to 

compensate for a significant net increase 

in emissions of NOx or VOC from a new 

or modified stationary source in 

accordance with the requirements of 

LAC 33:III.504. To be valid, an offset 

must meet the definition of ERC.

Approval. These 

revisions remove the 

ozone only restriction 

and allow the NNSR 

offset bank to be used 

for any nonattainment 

area pollutant.

3. Additional Comments.

None.
Technical Support Document

Annotation of LAC 33:III. Chapters 5 and 6 

Docket No. EPA-R06-OAR-2014-0821

74

1. Background on LAC 33:III.607. Determination of Creditable Emission Reductions

A. Current SIP. This section is currently SIP-approved. The current SIP was approved 

September 27, 2002 at 52.970(c)(49) effective May 8, 1989; as promulgated by LDEQ 

December 1987 (LR 13.741). On August 14, 2009, Louisiana submitted revisions. The 

EPA proposed approval of these changes on August 19, 2015, and finalized approval of 

the changes on November 5, 2015 at (80 FR 68451).

B. Submitted Revision to LAC 33:III.607 Reviewed in this Action.

• On November 3, 2014, Louisiana submitted revisions.

C. Proposed Action:

• Approval of the LAC 33:III.607.

2. Evaluation Matrix.

Section Annotations of Submitted Revisions to §607 Comments

LAC 33:III.607 – Determination of Creditable Emission Reductions

§607.C. SIP-Approved by EPA on September 27, 

2002. Adopted and effective by state on 

February 2002 (LR 28:302).

C. Procedures for Calculating the Surplus 

Emission Reduction. The following 

procedures shall be used in calculating

the quantity of surplus air emission 

reductions. When considering NOX 

reductions, only the NOX inventory 

and ERC and pending ERC 

applications for NOX will be 

considered. Conversely, when 

considering VOC reductions, only the 

VOC inventory and ERC and pending 

ERC applications for VOC will be 

considered.

Revisions adopted November 20, 2012; 

submitted as a SIP revision on November 

3, 2014 

C. Procedures for Calculating the Surplus 

Emission Reduction. The following 

procedures shall be used in calculating 

the quantity of surplus air emission 

reductions. When considering NOX 

reductions, only the NOX inventory 

and ERC and pending ERC 

applications for NOX will be 

considered. Conversely, when 

considering VOC reductions, only the 

VOC inventory and ERC and pending 

ERC applications for VOC will be 

considered.

Approval. Revisions 

adopted November 

2012 were submitted 

November 3, 2014. 

These revisions 

remove the ozone 

only restriction from 

the NNSR offset 

bank. 

§607.C. Revisions effective September 20, 2006; 

Submitted November 9, 2007 approved by 

EPA on 11/5/2015 at (80 68451)

1. If the design value for the 

nonattainment area is above the 

national ambient air quality standard 

(NAAQS) for ozone, the department 

shall compare the current total pointsource emissions inventory for the 

modeled parishes to the base case 

inventory except that beginning with 

the 2005 emissions inventory, this 

comparison shall be made to the base 

line inventory.

Revisions adopted November 20, 2012; 

submitted as a SIP revision on November 

3, 2014 

Reserved.

If the design value for the nonattainment 

area is above the 1-hour national ambient 

air quality standard (NAAQS) for ozone, 

the department shall compare the current 

total point-source emissions inventory for 

the modeled parishes to the base case 

inventory except that beginning with the 

2005 emissions inventory, this comparison 

shall be made to the base line inventory.

Approval. LDEQ 

adopted revisions to 

LAC 33:III.607 in 

November 2012 at 

LR 38:2767. These 

2012 revisions were 

submitted to EPA on 

November 3, 2014. 

The revisions to 607 

remove references to 

repealed definitions 

in 605. 

§607.C. Revisions effective October 20, 2007; 

Submitted August 14, 2009. Approved by EPA 

on 11/5/2015 at (80 68451)

4. Quantify baseline emissions as follows: 

Revisions adopted November 20, 

2012; submitted as a SIP revision on 

November 3, 2014 

4. Quantify Baseline Emissions. 

Baseline emissions shall be the 

Approval. The 

revisions to LAC 

33:III.607(C)(4) 

adopted November 

2012 were submitted 
Technical Support Document

Annotation of LAC 33:III. Chapters 5 and 6 

Docket No. EPA-R06-OAR-2014-0821

75

Section Annotations of Submitted Revisions to §607 Comments

LAC 33:III.607 – Determination of Creditable Emission Reductions

a. for stationary sources located in ozone 

nonattainment areas:

i. if the design value for the nonattainment 

area is above the NAAQS for ozone and 

the current total point-source inventory 

for the modeled parishes exceeds the 

base case inventory or base line 

inventory, as appropriate per Paragraph 

C.1 of this Section, baseline emissions 

shall be the lower of actual emissions, 

adjusted allowable emissions determined 

in accordance with Paragraph C.3 of this 

Section, or emissions attributed to the 

stationary point source(s) in question in 

the base case or base line inventory, as 

appropriate; or

ii. if the design value for the nonattainment 

area is not above NAAQS for ozone or 

the current total point-source inventory 

for the modeled parishes does not exceed 

the base case inventory or base line 

inventory, as appropriate per Paragraph 

C.1 of this Section, baseline emissions 

shall be the lower of actual emissions or 

adjusted allowable emissions determined 

in accordance with Paragraph C.3 of this 

Section; and

lower of actual emissions or 

adjusted allowable emissions 

determined in accordance with 

Paragraph C.3 of this Section. 

4. Quantify baseline emissions as 

follows:

a. for stationary sources located in 

ozone nonattainment areas:

i. if the design value for the 

nonattainment area is above 

the 1-hour NAAQS for ozone 

and the current total pointsource inventory for the 

modeled parishes exceeds the 

base case inventory or base 

line inventory, as appropriate 

per Paragraph C.1 of this 

Section, baseline emissions 

shall be the lower of actual 

emissions, adjusted allowable 

emissions determined in 

accordance with Paragraph C.3 

of this Section, or emissions 

attributed to the stationary 

point source(s) in question in 

the base case or base line 

inventory, as appropriate; or

ii. if the design value for the 

nonattainment area is not 

above the 1-hour NAAQS for 

ozone or the current total 

point-source inventory for the 

modeled parishes does not 

exceed the base case inventory 

or base line inventory, as 

appropriate per Paragraph C.1 

of this Section, baseline 

emissions shall be the lower of 

actual emissions or adjusted 

allowable emissions 

determined in accordance with 

Paragraph C.3 of this Section. 

on November 3, 

2014. The deleted 

provision is linked to 

the 2005 Attainment 

Plan and 

Transportation 

Demonstration SIP 

has been superseded 

by the 1997 8-hour 

Moderate SIP 

revision which was 

approved by the 

EPA. Therefore this 

provision is no 

longer necessary. 

3. Additional Comments.

None.
Technical Support Document

Annotation of LAC 33:III. Chapters 5 and 6 

Docket No. EPA-R06-OAR-2014-0821

76

1. Background on LAC 33:III.615. Schedule for Submitting Applications

A. Current SIP. This section is currently SIP-approved. The current SIP was approved 

September 27, 2002 at 52.970(c)(49) effective May 8, 1989; as promulgated by LDEQ 

December 1987 (LR 13.741). On August 14, 2009, Louisiana submitted revisions. The 

EPA proposed approval of these changes on August 19, 2015, and finalized approval of 

the changes on November 5, 2015. 

B. Submitted Revision to LAC 33:III.615 Reviewed in this Action.

• On November 3, 2014, Louisiana submitted revisions.

C. Proposed Action:

• Approval of the LAC 33:III.615.

2. Evaluation Matrix.

Section Annotations of Submittal Revisions to §615 Comments

LAC 33:III.615 – Schedule for Submitting Applications

§615.B. SIP-Approved by EPA on September 27, 

2002. Adopted and effective by state on 

February 2002 (LR 28:302).

B. If a parish is redesignated as ozone 

nonattainment by the EPA, applications 

for banking ERCs in such parish must be 

submitted by March 31 of the year 

following the effective date of the EPA 

designation.

Revisions adopted November 20, 2012; 

submitted as a SIP revision on 

November 3, 2014 B. If a parish is 

redesignated as ozone nonattainment by 

the EPA after January 1, 2012, 

applications for banking ERCs in such 

parish must be submitted by March 31 of 

the year following the effective date of 

the EPA designation.

Approval. LDEQ 

adopted revisions to 

LAC 33:III.615 in 

November 2012 at LR 

38:2767. These 2012 

revisions were 

submitted to EPA on 

November 3, 2014. 

These revisions make 

the bank generally 

apply to nonattainment 

areas, instead of 

restricting use to ozone 

nonattainment areas. 

3. Additional Comments.

None.
Technical Support Document

Annotation of LAC 33:III. Chapters 5 and 6 

Docket No. EPA-R06-OAR-2014-0821

77

1. Background on LAC 33:III.619. Emission Reduction Credit Bank

A. Current SIP. This section is currently SIP-approved. The current SIP was approved 

September 27, 2002 at 52.970(c)(49) effective May 8, 1989; as promulgated by LDEQ 

December 1987 (LR 13.741).

B. Submitted Revision to LAC 33:III.619 Reviewed in this Action.

• On November 3, 2014, Louisiana submitted revisions.

C. Proposed Action:

• Approval of the LAC 33:III.619.

2. Evaluation Matrix.

Section Annotations of Submitted Revisions to §619 Comments

LAC 33:III.619 – Emission Reduction Credit Bank

§619.A. SIP-Approved by EPA on September 27, 

2002 as amended in the Louisiana 

Register at LR 28:301, February 2002

A. The department shall maintain a 

banking database that shall consist of 

a record of all information concerning 

applications, deposits, withdrawals, 

and transactions, as well as pertinent 

date(s) concerning such information. 

The current total point-source 

emissions inventory for both NOx and 

VOC shall also be included. All data 

in the banking database shall be 

available to the public upon request.

Revisions adopted November 20, 2012; 

submitted as a SIP revision on November 

3, 2014 

A. The department shall maintain a 

banking database that shall consist of 

a record of all information concerning 

applications, deposits, withdrawals, 

and transactions, as well as pertinent 

date(s) concerning such information. 

The current total point-source 

emissions inventory for both NOx 

and VOC shall also be included. All 

data in the banking database shall be 

available to the public upon request.

Approval. LDEQ 

adopted revisions to 

LAC 33:III.619 in 

November 2012 at 

LR 38:2767. These 

2012 revisions were 

submitted to EPA on 

November 3, 2014. 

These revisions 

remove restrictions 

on the bank that limit 

the bank to ozone 

only and remove 

references to repealed 

definitions in 605. 

3. Additional Comments.

None.