Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 5 - Permit Procedures › Section III-551 - Hazardous Air Pollutant (HAP) Control Technology Requirements for New Sources

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicability.
				The provisions of this Section apply to any owner or operator who constructs or
				reconstructs a major source of hazardous air pollutants after June 29, 1998.
				The provisions of this Section do not apply to major sources specifically
				regulated or exempted from regulation under a standard issued in accordance
				with Section 112(d), 112(h), or 112(j) of the Clean Air Act and incorporated in
				 40 CFR Part 63  or to major sources for which the owner or operator has received
				all necessary air quality permits for construction or reconstruction prior to
				June 29, 1998.
B. Definitions. The
				terms used in this Section have the meaning given to them in LAC 33:III.111 and
				5103, the Clean Air Act, and 40 CFR Part 63, Subpart A except for those terms
				defined herein as follows.
Affected Source
- the stationary source or
				  group of stationary sources that, when fabricated (on-site), erected, or
				  installed, meets the definition of
construct a major source
or
				  the definition of
reconstruct a major source
contained in this
				  Section.
Available Information
- for the purposes of
				  identifying control technology options for the affected source, information
				  contained in the following information sources as of the date of approval of
				  the MACT determination by the department:
a. a relevant proposed regulation, including
				all supporting information;
b.
				background information documents for a draft or proposed regulation;
c. data and information available for the
				Control Technology Center developed in accordance with Section 113 of the Clean
				Air Act;
d. data and information
				contained in the Aerometric Information Retrieval System, including information
				in the MACT database;
e. any
				additional information that can be expeditiously provided by the administrator;
				and
f. for the purpose of
				determinations by the department, any additional information provided by the
				applicant or others and any additional information considered available by the
				department.
Construct a Major Source
-
a. to fabricate, erect, or install at any
				greenfield site a stationary source or group of stationary sources that is
				located within a contiguous area and under common control and that emits, or
				has the potential to emit, 10 tons per year of any HAP or 25 tons per year of
				any combination of HAPs; or
b. to
				fabricate, erect, or install at any developed site a new process or production
				unit that in and of itself emits, or has the potential to emit, 10 tons per
				year of any HAP or 25 tons per year of any combination of HAPs, unless the
				process or production unit satisfies the following criteria:
i. all HAPs emitted by the process or
				production unit that would otherwise be controlled under the requirements of
				this Section are controlled by emission control equipment that was previously
				installed at the same site as the process or production unit;
ii. the department determines:
(a). within a period of five years prior to
				the fabrication, erection, or installation of the process or production unit,
				that the existing emission control equipment represents the best available
				control technology (BACT), lowest achievable emission rate (LAER) under  40 CFR
				Part 51 or 52, toxics-best available control technology (T-BACT), or MACT based
				on state air toxics rules for the category of pollutants that includes those
				HAPs to be emitted by the process or production unit; or
(b). that the control of HAP emissions
				provided by the existing equipment will be equivalent to that level of control
				currently achieved by other well-controlled similar sources (i.e., equivalent
				to the level of control that would be provided by a current BACT, LAER, T-BACT,
				or state air toxic rule MACT determination);
iii. the department determines that the
				percent control efficiency for emissions of HAP from all sources to be
				controlled by the existing control equipment will be equivalent to the percent
				control efficiency provided by the control equipment prior to the inclusion of
				the new process or production unit;
iv. the department provides notice and an
				opportunity for public comment concerning its determination that criteria in
				Clauses i-iii of Subparagraph b of this definition apply and concerning the
				continued adequacy of any prior BACT, LAER, T-BACT, or state air toxic rule
				MACT determination;
v. if any
				commentor has asserted that a prior BACT, LAER, T-BACT, or state air toxic rule
				MACT determination is no longer adequate, the department shall determine that
				the level of control required by that prior determination remains adequate;
				and
vi. any emission limitations,
				work practice requirements, or other terms and conditions upon which the above
				determinations by the department are applicable requirements under Section
				504(a) of the Clean Air Act either have been incorporated into any existing
				Title V permit for the affected facility or will be incorporated into such
				permit upon issuance.
Control Technology
- measures, processes,
				  methods, systems, or techniques to limit the emissions of HAPs through process
				  changes, substitution of materials, or other modifications which:
a. reduce the quantity of, or eliminate
				emissions of, such pollutant through process changes, substitution of
				materials, or other modifications;
b. enclose systems or processes to eliminate
				emissions;
c. collect, capture, or
				treat such pollutants when released from a process, stack, storage, or fugitive
				emissions point;
d. are design,
				equipment, work practice, or operational standards (including requirements for
				operator training or certification) as provided in
				42 U.S.C.
				7412(h); or
e. are the combination of Subparagraphs a-d
				of this definition.
Electric Utility Steam Generating Units
-
				  any fossil fuel-fired combustion unit, of more than 25 megawatts, that serves a
				  generator that produces electricity and supplies more than one-third of its
				  potential electrical output capacity and more than 25 megawatts electrical
				  output to any utility power distribution system for sale.
Greenfield Site
- a contiguous area under
				  common control that is an undeveloped site.
Hazardous Air Pollutants
- any air
				  pollutants listed in or pursuant to Section 112(b) of the Clean Air Act.
Maximum Achievable Control Technology (MACT)
				  Emission Limitation for New Sources
- the emission limitation that is
				  not less stringent that the emission limitation achieved in practice by the
				  best controlled similar source and that reflects the maximum degree of
				  reduction in emissions that the department, taking into consideration the cost
				  of achieving such emission reduction and any non-air quality health and
				  environmental impacts and energy requirements, determines is achievable by the
				  constructed or reconstructed major source.
Process or Production Unit
- any collection
				  of structures and/or equipment that processes, assembles, applies, or otherwise
				  uses material inputs to produce or store an intermediate or final product. A
				  single facility may contain more than one process or production unit.
Reconstruct a Major Source
- the replacement
				  of components at an existing process or production unit that in and of itself
				  emits, or has that potential to emit, 10 tons per year of any HAP or 25 tons
				  per year of any combination of HAPs whenever:
a. the fixed capital cost of the new
				components exceeds 50 percent of the fixed capital cost that would be required
				to construct a comparable process or production unit; and
b. it is technically and economically
				feasible for the reconstructed major source to meet the applicable maximum
				achievable control technology emission limitation for new sources established
				under this Subsection.