Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 5 - Permit Procedures › Section III-535 - Part 70 General Conditions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Part 70 General Conditions listed in
				the table in this Section (numbered as historically designated in a permit)
				apply to each
Part 70 source
as defined in LAC 33:III.502 upon
				issuance of the initial Part 70 permit for the source and shall continue to
				apply until such time as the Part 70 permit is terminated, rescinded, or
				replaced in its entirety by a state (minor source) permit issued pursuant to
				LAC 33:III.501. These Part 70 General Conditions shall supersede any previous
				versions of such conditions contained in Part 70 permits.
40 CFR Part 70   General Conditions
A. The term of the permit shall be five years from
							 date of issuance unless otherwise specified. Unless a timely and complete
							 renewal application has been submitted pursuant to LAC 33:III.507, the permit
							 shall expire at the end of the effective duration. Permit expiration terminates
							 the owner's and operator's right to operate the source pursuant to
							 40 CFR
							 70.7(c)(ii). Any permit
							 application to renew an existing permit shall be submitted at least six months
							 prior to the date of permit expiration, or at such earlier time as may be
							 required by the existing permit or approved by the permitting authority. In no
							 event shall the application for permit renewal be submitted more than 18 months
							 before the date of permit expiration. Operation may continue under the
							 conditions of the permit during the period of the review of the application for
							 renewal.
B. The conditions of the permit are severable; and
							 if any provision of the permit or the application of any provision of the
							 permit to any circumstance is held invalid, the application of that provision
							 to other circumstances, and the remainder of the permit, shall not be affected
							 thereby.
C. The permittee shall comply with all conditions of
							 the 40 CFR Part 70 permit. Any permit noncompliance constitutes a violation of
							 the Clean Air Act and is grounds for enforcement action; for permit
							 termination, revocation and reissuance, or modification; or for denial of a
							 permit renewal application. The permit may be modified, revoked, reopened and
							 reissued, or terminated for cause. The filing of a request by the permittee for
							 a permit modification, revocation and reissuance, or termination, or of a
							 notification of planned changes or anticipated noncompliance does not stay any
							 permit condition.
D. It shall not be a defense for a permittee in an
							 enforcement action that it would have been necessary to halt or reduce the
							 permitted activity in order to maintain compliance with the conditions of the
							 permit.
E. The permit does not convey any property right of
							 any sort, or an exclusive privilege.
F. The permittee shall furnish to the permitting
							 authority, within a reasonable time, any information that the permitting
							 authority may request in writing to determine whether cause exists for
							 modifying, revoking and reissuing, or terminating the permit or to determine
							 compliance with the permit. Upon request, the permittee shall also furnish to
							 the permitting authority copies of records required to be kept by the permit
							 or, for information claimed to be confidential, the permittee may furnish such
							 records directly to the administrator along with a claim of confidentiality. A
							 claim of confidentiality does not relieve the permittee of the requirement to
							 provide the information.
G. The permittee shall pay fees in accordance with
							 LAC 33:III.Chapter 2 and
							 40 CFR
							 70.6(a)(7).
H. Upon presentation of such credentials and other
							 documents as may be required by law, the permittee shall allow the permitting
							 authority or authorized representative to:
1. enter upon the permittee's premises where a  40
							 CFR Part 70  source is located or emission-related activity is conducted, or
							 where records must be kept under the conditions of the permit;
2. have access to and copy, at reasonable times, any
							 records that must be kept under the conditions of the permit;
3. inspect at reasonable times any facilities,
							 equipment (including monitoring and air pollution control equipment),
							 practices, or operations regulated or required under the permit; and
4. as authorized by the Clean Air Act, sample or
							 monitor at reasonable times substances or parameters for the purpose of
							 assuring compliance with the permit or applicable requirements.
I. All required monitoring data and supporting
							 information shall be kept available for inspection at the facility or alternate
							 location approved by the agency for a period of at least five years from the
							 date of the monitoring sample, measurement, report, or application. Supporting
							 information includes calibration and maintenance records and all original
							 strip-chart recordings from continuous monitoring instrumentation, and all
							 reports required by the permit.
J. Records of required monitoring shall include the
							 following:
1. the date, place as defined in the permit, and
							 time of sampling or measurements;
2. the dates analyses were performed;
3. the company or entity that performed the
							 analyses;
4. the analytical techniques or methods used;
5. the results of such analyses; and
6. the operating conditions that existed at the time
							 of sampling or measurement.
K. The permittee shall submit, at least
							 semiannually, a report of any required monitoring, clearly identifying all
							 instances of deviations from permitted monitoring requirements. For
							 previously-reported deviations, in lieu of attaching the individual deviation
							 reports, the semiannual report may clearly reference the communications or
							 correspondences constituting the prior report, including the date the prior
							 report was submitted. The semiannual report shall be certified by a responsible
							 official and submitted to the Office of Environmental Compliance by March 31
							 for the preceding period encompassing July through December, and by September
							 30 for the preceding period encompassing January through June. The semiannual
							 report shall be submitted for each reporting period after the permit has been
							 issued, including during any construction phase and regardless of whether the
							 facility or unit was in operation. The semiannual report may include any
							 semiannual deviation report required to be submitted by March 31 or September
							 30 in accordance with Part 70 General Condition R as long as the report clearly
							 indicates this, and all required information is included and clearly delineated
							 in the consolidated report.
L. The permittee shall submit at least semiannual
							 reports on the status of compliance pursuant to
							 40 CFR
							 70.5(c)(8) and a progress
							 report on any applicable schedule of compliance pursuant to
							 40 CFR
							 70.6(c)(4).
M. Compliance certifications required by LAC
							 33:III.507.H.5 shall be submitted to the administrator as well as the
							 permitting authority. For previously-reported compliance deviations, in lieu of
							 attaching the individual deviation reports, the annual report may clearly
							 reference the communications or correspondences constituting the prior report,
							 including the date the prior report was submitted. The compliance
							 certifications shall be submitted to the Office of Environmental Compliance by
							 March 31 for the preceding calendar year. The compliance certification shall be
							 submitted for each reporting period after the permit has been issued, including
							 during any construction phase and regardless of whether the facility or unit
							 was in operation.
N. If the permittee seeks to reserve a claim of an
							 affirmative defense as provided in LAC 33:III.507.J.2, the permittee shall, in
							 addition to complying with any emergency or upset provisions in any applicable
							 regulation, notify the permitting authority within two working days of the time
							 when emission limitations were exceeded due to the occurrence of an
upset
, as defined in LAC 33:III.507.J.1. In the event of such
							 an upset, which results in excess emissions, the permittee shall demonstrate
							 through properly signed, contemporaneous operating logs, or other relevant
							 evidence that:
1. an upset occurred and the cause was identified;
2. the permitted facility was being operated
							 properly at the time;
3. during the period of the upset, the permittee
							 took all reasonable steps to minimize levels of emissions that exceeded the
							 emission standard or requirement of the permit; and
4. the permittee notified the permitting authority
							 in accordance with LAC 33:I.Chapter 39.
O. The permittee shall maintain emissions at a level
							 less than or equal to that provided for under the allowances that the  40 CFR
							 Part 70  source lawfully holds in accordance with Title IV of the Clean Air Act
							 or the regulations promulgated thereunder. No permit revision shall be required
							 for increases in emissions that are authorized by allowances acquired in
							 accordance with the federal acid rain program (40 CFR Parts 72-78), provided
							 that such increases do not require a permit revision under any other applicable
							 requirement. No limit shall be placed on the number of allowances held by the
							 source. The source may not, however, use allowances as a defense to
							 noncompliance with any other applicable requirement. Any such allowance shall
							 be accounted for according to the procedures established in regulations
							 promulgated under Title IV of the Clean Air Act.
P. Any permit issued in accordance with 40 CFR Part
							 70 may be subject to reopening prior to the expiration of the permit for any of
							 the conditions specified in
							 40 CFR
							 70.7(f) or LAC 33:III.529.
Q. The permittee may request an administrative
							 amendment to the permit to incorporate test results from compliance testing if
							 the criteria in LAC 33:III.523.A.1.a-f are met.
R. The permittee shall submit prompt reports of all
							 permit deviations as specified below to the Office of Environmental Compliance.
							 All such reports shall be certified by a
responsible official
as defined in LAC 33:III.502.A.
1. A written report shall be submitted within seven
							 days of any emission in excess of permit requirements by an amount greater than
							 the reportable quantity established for that pollutant in LAC 33.I.Chapter 39.
2. A written report shall be submitted for any
							 emission in excess of permit emission limitations, regardless of the amount,
							 where such emission occurs over a period of seven days or longer. The report
							 shall be submitted no later than 14 days from the initial occurrence of the
							 release event.
3. A written report shall be submitted semiannually
							 to address all permit deviations not included in Paragraph 1 or 2 of Part 70
							 General Condition R. Unless required by an applicable reporting requirement, a
							 written report is not required during periods in which there is no deviation.
							 The semiannual deviation reports may be consolidated with the semiannual
							 reports required by Part 70 General Condition K as long as the report clearly
							 indicates this, and all required information is included and clearly delineated
							 in the consolidated report. For previously-reported permit deviations (not
							 reported in accordance with Paragraph 1 or 2 of Part 70 General Condition R),
							 in lieu of attaching the individual deviation reports, the semiannual report
							 may clearly reference the communications or correspondences constituting the
							 prior report, including the date the prior report was submitted. The semiannual
							 report shall be submitted by March 31, for the preceding period encompassing
							 July through December, and by September 30, for the preceding period
							 encompassing January through June.
4. Any written report submitted in advance of the
							 time frames specified in Paragraphs 1-3 of Part 70 General Condition R, in
							 accordance with an applicable regulation, may serve to meet the reporting
							 requirements of this Condition provided the report is certified in accordance
							 with
							 40 CFR
							 70.5(d) and contains all
							 information relevant to the permit deviation. Reporting under this Condition
							 does not relieve the permittee from the reporting requirements of any
							 applicable regulation, including LAC 33.I.Chapter 39, LAC 33.III.Chapter 9, and
							 LAC 33.III.5107.
S. The p ermittee shall continue to comply with
							 applicable requirements on a timely basis, and shall meet on a timely basis
							 applicable requirements that become effective during the permit term.
T. The permittee shall comply with the standards for
							 recycling and emissions reduction in  40 CFR Part 82, Subpart F, except as
							 provided for Motor Vehicle Air Conditioners (MVACs) in Subpart B.
1. Persons opening appliances for maintenance,
							 service, repair, or disposal must comply with the practices required in
							 40 CFR
							 82.156.
2. Equipment used during the maintenance, service,
							 repair, or disposal of appliances must comply with the standards for recycling
							 and recovery equipment in
							 40 CFR
							 82.158.
3. Persons maintaining, servicing, repairing, or
							 disposing of appliances must be certified by an approved technician
							 certification program in accordance with
							 40 CFR
							 82.161.
4. Persons disposing of small appliances and MVACs,
							 and MVAC-like appliances as defined in
							 40
							 CFR 82.152, must comply with recordkeeping
							 requirements in
							 40 CFR
							 82.166.
5. Persons owning commercial or industrial process
							 refrigeration equipment must comply with the leak repair requirements in
							 40 CFR
							 82.156.
6. Owners/operators of appliances normally
							 containing 50 or more pounds of refrigerant must keep records of refrigerant
							 purchased and added to such appliances in accordance with
							 40 CFR
							 82.166.
U. If the permittee performs a service on motor
							 vehicles that involves an ozone-depleting substance refrigerant (or a regulated
							 substitute substance) in the motor vehicle air conditioner (MVAC), the
							 permittee is subject to all the applicable requirements specified in  40 CFR
							 Part 82, Subpart B, Servicing of Motor Vehicle Air Conditioners. The term
							 "motor vehicle" as used in Subpart B does not include a vehicle whose final
							 assembly has not been completed. The term "MVAC" as used in Subpart B does not
							 include an air-tight sealed refrigeration system used for refrigerated cargo,
							 or a system used on passenger buses that uses HCFC-22 refrigerant.
V. Data Availability for Continuous Monitoring, or
							 Monitoring to Collect Data at Specific Intervals. Except for monitoring
							 malfunctions, associated repairs, and required quality assurance or control
							 activities (including calibration checks and required zero and span
							 adjustments), the permittee shall conduct all monitoring in continuous
							 operation (or shall collect data at all required intervals) at all times that
							 the emissions unit is operating. For purposes of reporting monitoring
							 deviations under Part 70 General Conditions K and R, and unless otherwise
							 provided for in the permit or an applicable federal or state regulation, the
							 minimum degree of data availability shall be at least 90 percent (based on a
							 monthly average) of the operating time of the emissions unit or activity being
							 monitored. This Condition does not apply to leak detection and repair (LDAR)
							 programs for fugitive emissions (e.g.,  40 CFR 60  Subpart VV,  40 CFR 63  Subpart
							 H).
W. Associated with each Specific Requirement in the
							 permit shall be a citation of a federal or state regulation upon which the
							 authority to include that Specific Requirement is based. In the event of a
							 discrepancy between an applicable federal or state regulation and the
							 corresponding permit Specific Requirement, the federal or state regulation
							 shall prevail. If an applicable federal or state regulation is modified during
							 the term of this permit such that it conflicts with the corresponding permit
							 Specific Requirement, the modified regulation shall prevail, and the permittee
							 shall comply with the modified regulation by any compliance dates established
							 in the modified regulation. This Condition shall not be construed as a "permit
							 shield" as described in
							 40 CFR
							 70.6(f) and LAC
							 33:III.507.I.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2011, 2023, 2024, and
				  2054.