Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 5 - Permit Procedures › Section III-502 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except where
				specifically provided in another Section herein, the following definitions
				apply to terms used in this Chapter. Except as provided in this Chapter, terms
				used in this Chapter retain the definition provided them in LAC 33:III.111 or
				the Louisiana air quality regulations. Wherever provisions related to the Acid
				Rain Program are concerned, the definitions provided in   40 CFR Part 72   shall
				apply.
Affected Source
- a source that includes one
				  or more affected units regulated by the federal Acid Rain Program established
				  pursuant to Title IV of the federal Clean Air Act.
Affected State
- any state contiguous to
				  Louisiana whose air quality may be affected or any state which is within 50
				  miles of the source for which a Part 70 permit, permit revision, or permit
				  renewal is being proposed.
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.
Clean Air Act-
the federal Clean Air Act, as
				  amended,
				  42 U.S.C
				  7401 et seq.
CO
2
Equivalent Emissions (CO
2e)
				  -
the emitted amount of
greenhouse gases (GHGs)
computed by multiplying the mass amount of emissions for each of the six
GHGs
by its associated global warming potential, published in
				  Table A-1 to Subpart A of  40 CFR Part 98 -Global Warming Potentials, and summing
				  the resultant value for each (see
greenhouse gases
				  (GHGs
)).
DEQ
- the Department of Environmental
				  Quality.
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.
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.
EPA
- the United States Environmental
				  Protection Agency, its administrator or the administrator's designee.
Federally Applicable Requirement
- all of
				  the following (including requirements which have been promulgated or approved
				  by EPA through rulemaking at the time of permit issuance but which have future
				  effective dates) as they apply to a source regulated under this Chapter:
a. any standard or other requirement provided for in the
				  Louisiana State Implementation Plan approved or promulgated by EPA through
				  rulemaking under Title I of the Clean Air Act that implements the relevant
				  requirements of the Clean Air Act, including any revisions to that plan
				  promulgated in  40 CFR Part 52, Subpart T;
b. any term or condition of any preconstruction permits
				  issued pursuant to regulations approved or promulgated through rulemaking under
				  Title I of the Clean Air Act, including Part C (Prevention of Significant
				  Deterioration) or D (Nonattainment);
c. any standard or other requirement under
				  Section
				  111 (New Source Performance
				  Standards) of the Clean Air Act, including Section 111(d) (Existing Source
				  Performance Standards);
d. any standard or other requirement under Section 112
				  (Hazardous Air Pollutants) of the Clean Air Act, including any requirement
				  concerning accident prevention under Section 112(r)(7) of the Clean Air
				  Act;
e. any standard or other requirement of the Acid Rain Program
				  under Title IV of the Clean Air Act or of the regulations promulgated
				  thereunder;
f. any requirements established pursuant to Section 504(b) (Monitoring and Analysis) or Section 114(a)(3) (Enhanced Monitoring and
				  Compliance Certification) of the Clean Air Act;
g. any standard or other requirement governing solid waste
				  incineration under Section 129 (Solid Waste Combustion) of the Clean Air
				  Act;
h. any standard or other requirement for consumer and
				  commercial products under Section 183(e) (Control of Emissions, Federal Ozone
				  Measures) of the Clean Air Act;
i. any standard or other requirement for tank vessels under
				  Section 183(f) (Tank Vessel Standards) of the Clean Air Act;
j. any standard or other requirement of the regulations
				  promulgated to protect stratospheric ozone under Title VI of the Clean Air Act,
				  unless the administrator has determined that such requirements need not be
				  contained in a Title V permit; and
k. any national ambient air quality standard or increment or
				  visibility requirement under Part C of Title I of the Clean Air Act, but only
				  as it would apply to temporary sources permitted pursuant to Section 504(e) of
				  the Clean Air Act.
Final Permit
- the version of a permit which
				  is issued by the permitting authority after all required public notice and
				  affected state and EPA review procedures have been completed in accordance with
				  the requirements of LAC 33:III.531 and 533.
Fugitive Emissions
- those emissions which
				  do not reasonably pass through a stack, chimney, vent, or other functionally
				  equivalent opening.
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.
Greenhouse Gases (GHGs)
-an air pollutant
				  defined as the aggregate group of six greenhouse gases: carbon dioxide, nitrous
				  oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur
				  hexafluoride
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 under common control of the
				  same person (or persons under common control) that belong to a single major
				  industrial grouping, and that are described in Subparagraph a, b, or c of this
				  definition. For the purposes of defining
major source
, a
				  stationary source or group of stationary sources shall be considered part of a
				  single industrial grouping if all of the pollutant emitting activities at such
				  source or group of sources on contiguous or adjacent properties belong to the
				  same major group (i.e
.,
all have the same two-digit code), as
				  described in the
Standard Industrial Classification
(SIC)
Manual
, 1987. For onshore activities belonging to SIC major
				  group 13: oil and gas extraction, pollutant emitting activities shall be
				  considered adjacent if they are located on the same surface site as defined in
				  40
				  CFR 63.761, or if they are located on surface
				  sites that are located within 0.25 miles of one another (measured from the
				  center of the equipment on the surface site) and they share equipment. Shared
				  equipment includes, but is not limited to, produced fluids storage tanks, phase
				  separators, natural gas dehydrators, or emissions control devices.
a. a major source under Section 112 of the Clean Air Act,
				  which is defined as:
i. for pollutants other than radionuclides, any stationary
				  source or group of stationary sources located within a contiguous area and
				  under common control that emits or has the potential to emit, in the aggregate,
				  10 tons per year (tpy) or more of any hazardous air pollutant which has been
				  listed pursuant to Section 112 of the Clean Air Act, 25 tpy or more of any
				  combination of such hazardous air pollutants, or such lesser quantity as the
				  administrator may establish by rule. Notwithstanding the preceding sentence,
				  hazardous air pollutant emissions from any oil or gas exploration or production
				  well (with its associated equipment) and emissions from any pipeline compressor
				  or pump station shall not be aggregated with emissions from other similar
				  units, whether or not such units are in a contiguous area or under common
				  control, to determine whether such units or stations are major sources under
				  this Subparagraph; or
ii. for radionuclides,
major source
shall
				  have the meaning specified by the administrator by rule;
b. any stationary source that directly emits or has the
				  potential to emit 100 tpy or more of any regulated air pollutant (except for
				  GHGs) excluding any air pollutant regulated solely under Section 112(r) of the
				  Clean Air Act. Fugitive emissions of a stationary source shall be considered in
				  determining whether it is a major source under this Subparagraph:
i. for those source categories listed in Table A of LAC
				  33:III.509; and
ii. for all other stationary source categories, which as of
				  August 7, 1980, are being regulated by a standard promulgated under Section
				  111(NSPS) (Hazardous Air Pollutants) of the Clean Air Act;
c. any major stationary source as defined in part D
				  (nonattainment) of title I of the Clean Air Act, including any source defined
				  as a major stationary source under LAC 33:III.504.K.
d. Repealed.
Nonroad Engine
-
a. Except as discussed in Subparagraph b of this definition,
				  a nonroad engine is any internal combustion engine:
i. used in or on a piece of equipment that is self-propelled
				  or serves a dual purpose by both propelling itself and performing another
				  function (such as garden tractors, off-highway mobile cranes, and
				  bulldozers);
ii. used in or on a piece of equipment that is intended to be
				  propelled while performing its function (such as lawnmowers and string
				  trimmers); or
iii. that, by itself or in or on a piece of equipment, is
				  portable or transportable, meaning designed to be and capable of being carried
				  or moved from one location to another. Indications of transportability include,
				  but are not limited to, wheels, skids, carrying handles, dolly, trailer, or
				  platform.
b. An internal combustion engine is not a nonroad engine
				  if:
i. the engine is used to propel a motor vehicle, an aircraft,
				  or equipment used solely for competition;
ii. the engine is regulated by a federal New Source
				  Performance Standard promulgated under
				  section
				  111 of the Act (42 U.S.C.
				  7411); or
iii. the engine otherwise included in Clause a.iii of this
				  definition remains or will remain at a location for more than 12 consecutive
				  months or a shorter period of time for an engine located at a seasonal source.
				  A location is any single site at a building, structure, facility, or
				  installation. Any engine (or engines) that replaces an engine at a location and
				  that is intended to perform the same or similar function as the engine replaced
				  will be included in calculating the consecutive time period. An engine located
				  at a seasonal source is an engine that remains at a seasonal source during the
				  full annual operating period of the seasonal source. A seasonal source is a
				  stationary source that remains in a single location on a permanent basis (i.e.,
				  at least two years) and that operates at that single location for approximately
				  three months (or more) each year. [Note: Clause b.iii of this definition does
				  not apply to an engine after it is removed from the location.]
a.
Well
- an orifice in the ground, including
				  the wellhead, from which crude oil, condensate, or natural gas is produced. The
				  wellhead shall include the assembly of valves, pipes, and fittings used to
				  control the flow of oil, condensate, or natural gas.
b.
Pipeline
- all parts 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, or
				  treatment of such substances, or facilities used to impart the energy to
				  transport such substances from one point to another, or any equipment or pipe
				  located at the stationary source which is receiving such substances.
a. any major source as defined in this Section;
b. any nonmajor (area) source of hazardous air pollutants
				  required to obtain an operating permit pursuant to regulations promulgated
				  under Section 112 of the federal Clean Air Act;
c. any nonmajor source required to obtain an operating permit
				  pursuant to regulations promulgated under Section 111(NSPS) of the federal
				  Clean Air Act;
d. any affected source, as defined in this Section, pursuant
				  to the acid rain provisions of Title IV of the federal Clean Air Act;
				  and
e. any solid waste incineration unit required to obtain a
				  permit pursuant to Section 129(e) of the federal Clean Air Act.
Permit Modification
- any permit revision
				  which incorporates a minor modification or significant modification pursuant to
				  LAC 33:III.525 or 527.
Permit Renewal (or Renewal)
- the reissuance
				  of a permit at the end of its duration in accordance with LAC
				  33:III.507.E.
Permit Revision (or Revision)
- any
				  administrative amendment, minor modification, or significant modification to a
				  permit.
Permitting Authority
- the secretary, or
				  designee, of the Department of Environmental Quality.
Potential to Emit
- the maximum capacity of
				  a stationary source to emit any air pollutant under its physical and
				  operational design. Any physical or operational limitation on the capacity of a
				  source to emit an air pollutant, including air pollution control equipment and
				  restrictions on hours of operation or on the type or amount of material
				  combusted, stored, or processed, shall be treated as part of its design
				  if:
a. the limitation is enforceable by the administrator, when
				  the potential to emit is being considered with regard to federally applicable
				  requirements; or
b. the limitation is enforceable by the department when the
				  potential to emit is being considered with regard to state applicable
				  requirements.
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;
e. any Class I or II substance subject to a standard
				  promulgated under or established by Title VI (Stratospheric Ozone Protection)
				  of the Clean Air Act;
f. any pollutant regulated pursuant to Section 112 (Hazardous
				  Air Pollutants) of the Clean Air Act;
g. any pollutant subject to review under Prevention of
				  Significant Deterioration, LAC 33:III.509, including hydrogen sulfide, sulfuric
				  acid mist, total reduced sulfur, and reduced sulfur compounds;
h. for the purposes of permitting requirements pursuant to
				  LAC 33:III.Chapter 51, regulated air pollutants shall include all Louisiana
				  toxic air pollutants listed in LAC 33:III.5112, Table 51.1 or 51.3.
a. for a corporation: a president, secretary, treasurer, or
				  vice-president of the corporation in charge of a principal business function,
				  or any other person who performs similar policy or decision-making functions
				  for the corporation, or a duly authorized representative of such person if the
				  representative is responsible for the overall operation of one or more
				  manufacturing, production, or operating facilities applying for or subject to a
				  permit and either:
i. the facilities employ more than 250 persons or have gross
				  annual sales or expenditures exceeding $25 million (in second quarter 1980
				  dollars); or
ii. the delegation of authority to such representatives is
				  approved by the permitting authority prior to submittal of any certification by
				  such person;
b. for a partnership or sole proprietorship: a general
				  partner or the proprietor, respectively. If a general partner is a corporation,
				  the provisions of Subparagraph a of this definition apply;
c. for a municipality, state, federal, or other public
				  agency: either a principal executive officer or ranking elected official. For
				  the purposes of this definition, a principal executive officer of a federal
				  agency includes the chief executive officer having a responsibility for the
				  overall operations of a principal geographic unit of the agency; or
d. for affected sources:
i. the designated representative in so far as actions,
				  standards, requirements, or prohibitions under Title IV of the Clean Air Act or
				  40 CFR Parts 72 and 75 are concerned; and
ii. the designated representative for any other purposes
				  under 40 CFR Part 70 or LAC 33:III.507.
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 the department under this
				  Chapter.
Stationary Source
- any building, structure,
				  facility, or installation which emits or may emit any air pollutant subject to
				  regulation under this Chapter.
Title I Modification-
any physical change or
				  change in the method of operation of a stationary source which increases the
				  amount of any regulated air pollutant emitted or which results in the emission
				  of any regulated air pollutant not previously emitted and which meets one or
				  more of the following descriptions.
a. The change will constitute a modification as described in
				  40
				  CFR 60.14 and therefore 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
prevention of significant deterioration (PSD)
				  program
, as defined in LAC 33:III.509.B.
c. The change will result in a significant net emissions
				  increase under the program for nonattainment new source review, as defined in
				  LAC 33:III.504.
d. The change will result in the applicability of a maximum
				  achievable control technology (MACT) determination pursuant to regulations
				  promulgated under section 112(g) (modifications, hazardous air pollutants) of
				  the Clean Air Act.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2054.