## TE CHNICAL SUPPORT DOCUMENT

Amendment s to the Louisiana New Source R eview State Implementation Plan

Air Permit Procedure Revisions Program

LAC 33 : II I. 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 2 2 , 2016

Amendment s 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 (6PD

R), 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

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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

I II

. 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 R equirements?
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 A nnotation and Evaluation of the Regulations.

IV. Conclusion

## Technical Support Document
Annotation of LAC 33:III. Chapters 5 and 6
Docket No. EPA

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## I. Introducti o n

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 relat ing to the minor and Nonattainment New Source Review ( NSR ) Program

.

Throughout this docu m ent, the following ter m s and abbreviations have the following meanings e x cept where ot herwise s t ated:

• “EPA,” “we,” “us,” and “our” m eans the En v i ro n m ental Protection Agency;

• “Act” and “CAA” m ean the Federal Clean Air Act;

• “NSR” m eans New Source Review;

• “PSD” m eans Preventi o n of Significant Review;

• “NNSR” m e ans Nonattain m ent Area New Source Review;

• “LAC” means Louisiana Administrative Code

• “ LDEQ ” and “ Louisiana ” m ea n s the Louisiana Department of Environmental Quality ;

• “NAAQS” m eans National A m bient 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 determine d that the amendments are consistent with the requirements of the C AA 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 A ffected by This Action

Title of SIP submittal Date submitted to
EPA Date of State

adoption Regulations affected

## Technical Support Document
Annotation of LAC 33:III. Chapters 5 and 6
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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 Section s 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 50 1, 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 50 1

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 t itle IV acid rain
and t itle V operating permit program, the EPA notified the LDEQ in its letter s 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, 5 23 , 5 3 1, and 533

– due
to their association with acid rain
and t itle V operating permit

r equirements as well as §112(g)
of the CAA were returned to LDEQ on 8/4/2015.
Section s 513.A.1. and 519.C. 1. (which both reference Section 531) and Section 531 are severed
due to d eficiencies 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

## Technical Support Document
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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 t itle 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 we re 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 o n 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 we re 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 p ortion of 513 was returned to LDEQ on February 16, 2016, due
to association with t itle V permits

program. Air Permit Procedure
Revisions August 14, 2009 2007 EPA is not acting on Section s 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

## Technical Support Document
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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 t itle V operating permit program and section 112(g) of the
CAA. Al l 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 t h at rel a te to Air Permit Procedure Revisions for minor NSR permitting and nonattainment NSR permitting were evaluated to deter m ine whether they co m ply w i th the applicable require m ents of CAA §110 and §1 73 and with 40 CFR part s 51

– Req u ire m ents f or Prep a rati o n, Adopti o n, and Su b m ittal of I m pl e m entation 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 s ub m itted f or review and a line

- by

- li n e evaluation of each provi si on 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 revisio ns 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. Th e EPA is proposing to

## Technical Support Document
Annotation of LAC 33:III. Chapters 5 and 6
Docket No. EPA

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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 a nd 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 L DEQ 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 , 51 7, and 521

. The EPA is proposing action on Sections 50 1 , 5 1 7, and 5 2 1. The EPA already approved section s 5 0 4 and 509 on November 5, 2015 (80 FR 68451). The EPA returned to LDEQ section s 505 and 507 .C.3.
due to their association with the title V operati ng permit program requirements on August 4, 2015. The
EPA return ed to LDEQ section s 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 Secti on 531) and Section 531 regarding public notice. Those specific sections will be addressed in a separate action.

H. August 14, 2009, Submittal

## Technical Support Document
Annotation of LAC 33:III. Chapters 5 and 6
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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 sect ions 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 return ed 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 return ed 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

- 2 010 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 inco rporated 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, 5 23, 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. T he EPA is not taki ng action on Section 537 (AQ286) and revised citation 501.B.2.d.i.(a) (AQ270) because the original 200 8

- 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

## Technical Support Document
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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 t itle 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

## Technical Support Document
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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

## Technical Support Document
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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

## Technical Support Document
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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.



## I II

. 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 o f 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 Revisi ons.

– 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. §1 73 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/text

idx?c=ecfr&sid=07e214c52bbfc82a2781e3e14c7616 ca&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

-

## Technical Support Document
Annotation of LAC 33:III. Chapters 5 and 6
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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 a t Electronic Code of Federal Regulations: http://ecfr.gpoaccess.gov/cgi/t/text/text

idx?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 applica ble 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/cg i

bin/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 submittal s 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 submittal s

.

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: Ap pendix 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 th is 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 ap pendix 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 s ubmittal 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 bas ic criteria included under 2.1 and 2.2 of Appendix V that will be used for reviewing the ten SIP Submittal s as discu ss ed 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 revision s were submitted by letter s 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 tha t 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 m ade 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 d ate of the regulation document shall, whenever possible, be
indicated in the document itself.

The individual cover letter s accompanying each submittal request s 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 package s included a certification demonstrating the SI P submittal s 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.

A ll the submittals contained a copy of the public notice of the applicable public hearings
associated with the individual rulemaking s

.

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

The SIP submittal package s include d 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 submittal s 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 lo cations 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 c hanges 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 source s 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 ch anges 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 t he 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 e ither the same regulatory language, or are consistent with the requirements found in the federal rules. F urther, the A dditional C omments 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 m inor source air permitting activities or major nonattainment source air permitting activities . However both s ource programs must be protective of the NAAQS and the increments. Should construction activities resul t 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 th e 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 require s facilities to meet minimum minor NSR and major nonattainment
NSR requirements found in the CAA as identified in LAC Chapter s 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 e mission limits, as well as monitoring, recordkeeping, and report ing, 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 determi ned on a permit

- by

permit 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 expla nation 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 submittal s identified in the cover letter s identified above , (Rule Project No. EPA

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- 0821 ) meets the completeness criteria by operation o f law as established in 40 CFR P art 51, Appendix V.

B

. D o the State’s Submittals M eet the Applicable Federal R equirements?

We are proposing to approve the Louisiana Air Per m its State Progra m , as sub m itted by Louisiana in
3 3 .III L AC Chapter 5

– Control of Air Pollution by Per m its for New Construction or Modificati o n and 33.III LAC Chapter 6

– Regulations on Control of Emissions through the Use of Emission Reduction Credits (ERC) Banking because it meets provi s i ons 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, includin g 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 te x t of each
submi tted 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

r elated 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 nonat tainment 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 tho se 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 S IP. 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

. Backgr ound 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 Revision s to LAC 33:III.50 1 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 submitte d 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, 201 4 , 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 pow er 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 co ntaminant 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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20 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 permitt ing 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

t itle 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 constit ute 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 a pplication 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 applicabl e 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 by

products. However, should this type of burning activity
result in a non

attainment event, LDEQ could not
define it as an “exceptional event” because LDEQ does

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21 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 PM 2.5 non

attainment 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

. ” ; a nd 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

waste s; 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
conside red that LDEQ would not normally use their
minor source

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products. However, should this type of burning activity
result in a non

attainment 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 non

attainment 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 200 8

- 2010”)
on their web site is “pending”. EPA will
take no action on this
citation at this time.

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- 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 C lean 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

e d . regulati ons 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 enfo rceable 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. Und er 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 poll utant; 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
constitu te 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 exempti on 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 establi shed pursuant to Subsection
C of this Section. minimum emission
rate listed in Table 51.1, LAC 33:III.Chapter 51, for ea ch Louisiana toxic air pollutant; ”,
in italics

, is not part of the SIP
submission because it pertains to the t itle 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 o r 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 significant ly 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 th ereunder.

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 a uthority exempts certain sources or types of sources from the requirement to obtain a permit under this Chapter unless it is determined by the permitting authority on a site

specific basis that any such exemption is not appropriate. The listing of any acti vity 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 be low. For the purpose of permitting requirements under LAC 33:III.507, no exemption listed Approval. Meets 51.160(e)

. State agencies are p rovided
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 effec tive until approved by the
administrator in
accordance with 40
CFR Part 70” is
related to t itle V operating permit

program exclusively
and is therefore not part of the SIP

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administrator in accordance with 40 CFR
Part 70. For purposes of the insignificant
activities list ed 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 w as 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 l ess 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 poll utant 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. E e xternal 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 les s 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. 5112 Chapter 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
obtai ning 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 su ch 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 a nalysis 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.Ch apter 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, glyc erin, 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 s S ection 112(g) of the federal Clean Air Act. 4. emissions of any in organic 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 d esign 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 s uch equipment vents considered 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 s S ection 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, grea ses, 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 establi shed 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.Chap ter 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 agg regate 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 establ ished 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. 5112 Chapter 51 , Table 51.1, and do not exceed any hazardous air pollutant de minimis rate established
in accordance with s S ection 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. 5112 Chapter 51 , Table 51.1, and do not exceed any hazardous air pollutant de minimis rate established
in accordance with s S ection 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 no t exceed any minimum emission rule
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

s S ection 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. a ctivities 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 p ainting 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 a ctivity specifically does not include any facility whose primary business activity is surface

- coating or includes surface

coating 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,
mi scellaneous solvent use 1 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

- r oad and nonroad mobile sources unless required to obtain a permit under t itle V of the Clean Air Act. This exemption does not include any transportable emissions units such as temporary compressors or boilers, unless regulated by t itle 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, gra ders, 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 t itle V of the Clean
Air Act . This exemption does not include any transportable emissions units such as temporary compressors or boilers, unless regulated by t itle 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 r egulations 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. emissi ons 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, an d 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 s toves, 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 lim e mud from lime mud mix tanks, l ime 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 ope rating 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 der ived 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 exam ple, 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 follo wing 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. nitrogen hydrogen.

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 em issions 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 limitation s Under Review Submitted
11/3/2014 D. Exemptions Based on
Emissions Levels The owner or operator of any source may apply f

or 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 ne xt 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 sentence s 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 polluta nt.” are related to the MACT program and are therefore not part of
the SIP submission.
The sentence s w ere 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 a re 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 provide d 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 applicati on, 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

n ever 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 E PA to act
on it. LDEQ
confirmed this

assessment.

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- 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 w ith 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. Pe rmit 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

est ablishing 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 hea lth 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 p ermit, 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 enforce ment 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, esta blished 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 wit h 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 contro ls 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, amendmen ts, revisions, and renewals shall be issued in accordance with the procedures established in this Chapter. Approval. The provision as
submitted on
11/15/93 m eets 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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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 perm i ts may be issued each of which may address one or more processes at the site. related to t itle 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 s ources 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

- accepte d 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 regulatio ns. 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 t itle 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 emi ssion 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 emi ssions 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) be fore use.

Annual instructions

## Technical Support Document
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34 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 re

consideration. 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 t itle V Annual Certification, the underlying permit

limits may be

established in t itle I NSR permit actions and therefore, changes may be necessary to fulfill

CAA t itle I NSR SIP requirements. The premise of Section
501.C.13. is that it is important to document any changes made regarding emission
calculations wit h

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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 t he 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 a rea 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 bas ed in part on the historic look back trends of ambient air quality for the NAAQS pollutants, including ozone and sulfur dioxide (SO 2 

## ), since those pollutants have caused past air quality issues. 2 

## The EPA took into consideration the following factors when m aking 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 downwa rd 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/AmbientAirMonitoringProgra m/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 SO 2 

## stand ard has improved significantly state

- wide with SO 2 

## pollutant concentrations trending downward with an average 55% decrease in SO 2 

## since the mid 2000’s. This average value represents the Louisiana air monitoring locations of Baton Rouge, Lake Charles, Chalm ette, Port Allen, Shreveport, and Meraux. SO 2 

## trends are listed in the table
below:

LA Cities SO 2 

## (ppb)
2007 SO 2 

## (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%

• T he EPA determined the St. Bernard 2010 SO 2 

## NAAQS nonattainment area was caused primarily by one large source of SO 2 

## emissions, the Rain CII Carbon LLC

– Chalmette Coke Plant. The LDEQ is currently preparing a proposed SIP attainment dem onstration, “ St. Bernard
Parish SO 2 

## 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 SO 2 

## nonattainment area has documented SO 2 

## pollutant concentrations decreasing from a 331 ppm SO 2 

## design value in 2009 down to a 159 ppm SO 2 

## design value in
2014.

• Compliance with the Partic ulate Matter (PM 10 

## ) standard is maintained and is below regulatory NAAQS levels. PM 10 

## emission concentrations have trended downward an average 25% statewide since the mid 2000’s. The average statewide 24

- hour PM 10 

## concentration is 28 ug/m 3



## which is 19% of the NAAQS level for PM 10 

## . The average value represents the Louisiana air monitoring locations of Baton Rouge, New Orleans, Chalmette, Shreveport, and Lafayette.

• Compliance with the average statewide annual PM 2.5 

## standards is maintained with an average annual maximum concentration of 10.8 ug/m 3 

## , which is below the average annual primary
standard for PM 2.5 

## of 12 ug/m 3



## .

• The Baton Rouge Capitol air monitor is the only monitor collecting samples and analyzing for
Carb on 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 historicall y 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 leve l 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 sin ce 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 a pplicable 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

- appro ved.

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

• On November 15 , 1993, Louisiana submitted revisions

.

• On November 3, 201 4 , 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 Loui siana 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 violatio ns or interference with
attainment.

The last sentence of Sections
502.A. in italics is related to
Acid Rain t itle 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

t itle 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 whic h 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

t itle 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

t itle 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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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

t itle V exclusively and is therefore not part of the SIP
submission. The de finition 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 portion s of the definition in italics, “ or any hazardous air pollutant listed under section 112(b)”

a nd “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 po rtions of
the sentence w ere 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 req u i re ments 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 rul emaking 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 pursuan t 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

t itle 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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d. any standard or other requirement under section 112 (Hazardous Air Pollutants) of the Clean Air Act, including any requirement concerning accide nt prevention under section 112(r) (7) of the Clean Air Act;

e. any standard or other requirement of the Acid Rain Program under t itle 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 pro t ect stratospheric ozone under title VI of the Clean Air Act, unless the administrator has determined that such requirements need not be contained i n 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 proced u res 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. N o 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

p erson (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 expl oration 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 contro l, 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

t itle 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 t his 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,
bu t 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
3 3: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 perfor ming 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 transpo rtability 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 co mpetition; 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 opera ting 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. [No te: 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 shal l 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

t itle 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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or treatment of such substances, or facilities us ed 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 defi ned 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

t itle 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

t itle 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

contro l 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

c onsidered 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 5 2.21(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 Pollutan t

– 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 Protectio n) 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 S ignificant Deterioration, LAC 33.III.509, including hydrogen sulfide, sulfuric acid mist, total redu ced sulfur, and reduced sulfur compounds;
h. for the purposes of permitting require ments pursuant to LAC 33:III.Ch apter 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, Sect ions 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; ) a nd ( h. for the purposes of permitting requirements pursuant to LAC 33:III.Chapter 51, regula ted 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

t itle V I program and the MACT program

, respectively, and are therefore not part of the SIP
submis sion. 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

- m aking 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 pr ior 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 CF R Parts 72 and 75 are concerned; and Approval

. Consistent with
40 CFR 51.16 0(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 t itle
IV and t itle 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

rep resentative for any other purposes under 40 CFR

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ii. the designated representative for any other pur poses 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

t itle 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 Part s 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 previous ly 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 Revie w, 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 p romulgated
under t itle 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

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45 

## 1. Background on LAC 33:III.5 03

. 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.

• O n November 3, 2014, Louisiana submitted revisions.

C. Proposed Action:

• Approval of the LAC 33:III.503.

2. Evaluation Matrix.

Section Annotation s of Submitted Revisions to §503 Comments §5 03 Minor Source Permit Requirements §5 03 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 signif

icantly 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 op erate 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 follo wing 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 crite ria in LAC
33:III.501.B.4 are met.
2. Smal l Source Permit. The owner or operator of a stationary source which is Approval. Meets §51.160 f or 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.

## Technical Support Document
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Docket No. EPA

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46 Section Annotation s 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 an y 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 Comm ents.

None.

## Technical Support Document
Annotation of LAC 33:III. Chapters 5 and 6
Docket No. EPA

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47 

## 1. Background on LAC 33:III.5 04

. Nonattainment New Source Review (NNSR) Procedures

A. Current SIP.

B. Submitted Revision to LAC 33:III.50 4 Reviewed in this Action.

 On J uly 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 r evisions , 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, 2 007, 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.50 4

.

2. Evaluation Matrix.

Section Annotations of Submitted Revisions to §504 Comments §504 Nonattainment New Source Review (NNSR)
Procedures §5 04 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 speci fied 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, t T he 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 d etermine whether the source is major.
A. 3. Except as specified in Subsection M of this Section, t T he emis sions 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

ove r 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).

T he changes meet the requirements of 40 CFR 51.165(a)(1)( x )
which defines significant net
emission increases.

A.4 the changes meet the requirement s and
is a non

- substantive

## Technical Support Document
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48 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 t he 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. Ta ble 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 betwee n 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

- P otential 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 P rojects 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, t T he 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, e 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. Appr oval. 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 )

.

## Technical Support Document
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49 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 PM 2.5 emissions or emissions of PM 2.5 precursors may be offset by reductions in
direct PM 2.5 emissions or emissions of any PM 2.5 precursor, if such offs ets 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, offset s 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 re quired, except that direct PM 2.5 emissions or
emissions of PM 2.5 precursors may be offset by reductions in direct PM 2.5 emissions or emissions of any PM 2.5 precursor, if such offsets comply with the interprecursor trading hierarchy and ratio
established in the approved SIP for a particular nonattainment area. Approva l . The
reference to
Subsection M has been
deleted b ecause 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
locat e d 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 Sta tionary 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 f or 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 emi t 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 i n 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.

## Technical Support Document
Annotation of LAC 33:III. Chapters 5 and 6
Docket No. EPA

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50 

## 1. Background on LAC 33:III.51 1

. 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 Annotation s of Submitted Revisions to §511 Comments §51 1 Emission Reductions

§51 1 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 temperatu re of the emissions, the identi t y 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 r equirements 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 fo r 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.

## Technical Support Document
Annotation of LAC 33:III. Chapters 5 and 6
Docket No. EPA

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51 

## 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 Revision s to LAC 33:III.5 13 Reviewed in this Action.

 

## On November 15, 1993, Louisiana submitted the rul e 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 i ncorporate 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 requir ements 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 s hall 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
5 13 .A.1. ( if the general permit is
intended to cover a
Part 70 source as defined in LAC 33:III:502) since it pertain s to the t itle V operating permit program and is therefore not part of
the SIP submission. It
were returned to LDEQ on 2/2/16

.

## Technical Support Document
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52 Section Annotations of Submitted Revisions to §513 Comments

Under Review

- S ubmitted 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

comp liance 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. Meet s 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
5 13 .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 th e source is or would be located )
since it pertain s to th e
t itle 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 so urce 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 p ermits 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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53 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 sourc e 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 a pplication. 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 relocat ion. 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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54 

## 1. Background on LAC 33:III.5 15

. Oil and Gas Wells and Pipeli n e s Permitting Provisions

A. Current SIP. This section is not SIP

- approved.

B. Submitted Revision to LAC 33:III.5 15 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 Annotation s of Submitted Revisions to §515 Comments §5 15 Oil and Gas Wells and Pipelines Permitting Provisions §5 15 Und

er 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 writte n 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 pr ominently 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 o f 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) fo r 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 applicat ion.

## Technical Support Document
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55 

## 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 r ules

.

 On November 10, 1994 , Louisiana submitted r ules

.

 On July 25, 1997, Louisiana submitted r ules

.

 On June 22, 1998, Louisiana submitted r ules

.

 May 5, 2006, Louisiana submitted r ules

.

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

- S ubmitted 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 pe rmitting 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 perm it 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
establish ing applica tion
submission requirements for a NSR permit

program.

Section 5 17.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

ac cordance 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

## Technical Support Document
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56 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 t itle V permitting program. The rule
citation was returned to LDEQ

on 2/2/16

. §517.B Under Review

- S ubmitted 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 state ments 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 certificati on 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

mon itoring, 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 applica ble 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 5 17.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 statemen t of methods used for determining compliance, including a description of monitoring,

## Technical Support Document
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57 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

re quirements of the
Clean Air Act

. ”, in italics, is not part of the SIP
submission because it pertains
to the t itle V permitting program. The rule
citation was returned to LDEQ

on 2/2/16

. Under Review

- S ubmitted 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 S ubmitted 6/22/1998
B. Certification 3. Any permit application for a major

source, including Part 70 application s , 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 Engi neers 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 majo r PSD,
NNSR and NSR

sources.

## Technical Support Document
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58 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 application s , ” in italics, is not part
of the SIP
submission because it pertains
to the t itle V permitting program. The rule
citation was returned to LDEQ

on 2/2/16

. §517 .C Under Review

- S ubmitted 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, pro mptly 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 m inor 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 a nd 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 pro cesses 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 lo cation 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 consist ent 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 nonpoin t source emissions, as determined f rom 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 ch ange and any resulting changes in emissions; 6. identification and description of pollution control equipment utilized or prop o sed to be
utilized and m any other methods which will be taken to minimize emissions of air

p o llutants, including the estimated ef ficiency 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. calculati ons 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 requ irements and standards; Approval. Meets
51. 16 0 ( c ) for
submission of
information necessary to regulate emissions
from construction
or modification
that could potentially cause a violat ion of a control strategy or maintenance plan

.

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59 Section Annotations of Submitted Revisions to §517 Comments

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 regard ing 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 achieva ble 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 auth ority, 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 w hich 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 enf orce 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

m aintenance 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 regulate s emissions for

m inor 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 regulat e 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 appli cable 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

state ment 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 sub mittal 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 sub ject. EPA returned
Sections 5 17.E. 1.

- 8. since the
citations pertain to
the t itle V operating permit program and are
therefore not part of the SIP submission. They
were returned to LDEQ on 2/2/16

.

## Technical Support Document
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60 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 Secti on 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 complian ce 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, list ing 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 p ertaining 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

- S ubmitted 11/15/1993

F. Confidential Information Under Review

- Rev S ubmitted 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

m inor sources. §517.F .1 Under Review

- S ubmitted 11/15/1993

1. Non

- disclosure Must be Requested. All
information obt ained 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 shal l 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 S ubmitted 11/10/1994
1. N on

- 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 regula tions; 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 c laims 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

- S ubmitted 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 empl oyees 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 administrat ive 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 A ct 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 labe led “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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61 Section Annotations of Submitted Revisions to §517 Comments

4. Provision for Denial. If the administrative authority determ ines 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

- c onfidential 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 la beled “CONFIDENTIAL,” with access appropriately controlled. 6. Persons Who Must Sign Access Log. Whenever a person authorized under Subs ection F.2 of this Section gains access to a confidential file, he shall sign an access log which
indicates his unders tanding 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 b e 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 p urposes 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

- S ubmitted 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 au thorized 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 suf

ficient 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 permi t application be submitted in
accordance with LAC 33:III.501.B.6 and
517.A.3. Under Review

- Rev S ubmitted 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 au thorized 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
suf ficient 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 permi t 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

m ino r sources.

## Technical Support Document
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62 

## 3. Additional Comments.

None.

## Technical Support Document
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63 

## 1. Background on LAC 33:III.5 19

. 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.5 19 Reviewed in this Action.

 On November 15, 1993 , Louisiana submitted r ules

.

C. Proposed Action:

 Approval of the LAC 33:III.5 19

. A. and 519.B.

2. Evaluation Matrix.

Section Annotations of Submitted Revisions to §5 19 Comments §5 19 Permit Issuance Procedures for New Facilities, Initial Permits, Renewals and Significant Modifications §5 19 .A Under Review

- S ubmitted 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, fo r 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 completenes s 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)

.

§5 19.B Under Review

- S ubmitted 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)

.

§5 19.C Under Review

- S ubmitted 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 sev ered from
this SIP action.

EPA returned to LDEQ the portion in italics, of
Section s 5 19.C.2. and
519.C.3

. ( 2. Prior to taking

## Technical Support Document
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64 Section Annotations of Submitted Revisions to §5 19 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.Chap ter 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 st andard, 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 p ermitting 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 rai n permits under LAC
33:III.505. ) since it pertain s to the t itle V operating permit program and is therefore not part of the SIP
submiss ion. 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

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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 r ules

.

 On November 10, 1994, Louisiana submitted rules.

 On May 5, 2006, Louisiana submitted r ules

.

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 ve rsion 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 S ubmitted
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 purs uant to LAC 33 e: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 wi th 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. inc orporates changes to render preconstruction 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 EPA r eturned Sections
501.A. 4. it pe rtain s 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 modific ations 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

.

## Technical Support Document
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66 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 f ollowing: 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
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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 r ules

 On A ugust 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

- S ubmitted 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 chang es 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 return ed §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

- S ubmitted 11/15/1993 b. increases in permitted emissions will not exceed five tons per year for any regulated pollutant; Under Review

- S ubmitted 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

- S ubmitted 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 signifi cant 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 commenc ing 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

- S ubmitted 11/15/1993

B. Temporary Exemption for Testing Under Review

- Rev S ubmitted
8/29 /2013 Approval. Meets
51.16 0 ( a ) for requiring

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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 chang e 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 appli cable 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 res ults. 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 the re 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 makin g 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 federa lly 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 pres ent. 3 4 . Within 3 6 0 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 5 . If t here 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
maintenanc e 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 standa rd 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

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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 Ac tion.

• O n 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

compo unds (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

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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.

• O n 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 §60 3 Comments
LAC 33:III.603

– Applicability §60 3 .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 st ationary 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 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. 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

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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.

• O n 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 pollu tant 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 f

or 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
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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 SI P 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 demonst rate 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 i nventory 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 t he 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. App roval. 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 long er
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.
Model ed 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 20 12
revisions were
submitted to EPA on November 3, 2014.

## Technical Support Document
Annotation of LAC 33:III. Chapters 5 and 6
Docket No. EPA

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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
de finition 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 station ary 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,

appr oved 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 requirem ents 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

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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
Dec ember 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.

• O n 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 §60 7.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 i nventory 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 f

or 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

remov e the ozone only restriction from
the NNSR offset
bank.

§60 7.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 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 ma de 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. LD EQ 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.

§60 7.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
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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

a djusted 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 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 act ual 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 f or 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, baselin e 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 d eleted 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 Com ments.

None.

## Technical Support Document
Annotation of LAC 33:III. Chapters 5 and 6
Docket No. EPA

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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.

• O n 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 C omments
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 nona ttainment 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 L R
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

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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. Submi tted Revision to LAC 33:III. 619 Reviewed in this Action.

• O n 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 a s 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 con cerning 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 appl ications, depos its, 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 restr ictions
on the bank that limit
the bank to ozone only and remove
references t o repealed
definitions in 605.



## 3. Additional Comments.

None.