reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 9 - General Regulations on Control of Emissions and Emission Standards › Section III-927 - Notification Required (Unauthorized Discharges)

Current through Register Vol. 50, No. 6, June 20, 2024
A. The unauthorized discharge of any air
				pollutant into the atmosphere shall be reported in accordance with the
				provisions of LAC 33:I.Chapter 39, Notification Regulations and Procedures for
				Unauthorized Discharges. Written reports pursuant to LAC 33:I.3925 must be
				submitted to the department. Timely and appropriate follow-up reports should be
				submitted detailing methods and procedures to be used to prevent similar
				atmospheric releases.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2025(J).
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 9 - General Regulations on Control of Emissions and Emission Standards › Section III-929 - Violation of Emission Regulations Cannot Be Authorized

Current through Register Vol. 50, No. 6, June 20, 2024
A. The standards of ambient air quality
				listed in Tables 1 and 1a define the limits of air contamination by
				particulates and gases. No person or group of persons shall allow particulate
				matter or gases to become airborne in amounts which cause the ambient air
				quality standards to be exceeded. The limits stated include normal background
				levels of particulates and gases.
B. Nothing in any other part or section of
				these regulations shall in any manner be construed as authorizing or legalizing
				emissions in such manner as prohibited by these regulations. For example,
				compliance with ambient air quality standards does not authorize emissions in
				excess of emission limitations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 11 - Control of Emissions of Smoke › Section III-1101 - Control of Air Pollution from Smoke

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose. It is the purpose of this
				regulation to establish emission standards on smoke.
B. Control of Smoke. Except as specified in
				LAC 33:III.1105, the emission of smoke generated by the burning of fuel or
				combustion of waste material in a combustion unit, including the incineration
				of industrial, commercial, institutional and municipal wastes, shall be
				controlled so that the shade or appearance of the emission is not darker than
				20 percent average opacity, except that such emissions may have an average
				opacity in excess of 20 percent for not more than one six-minute period in any
				60 consecutive minutes.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 11 - Control of Emissions of Smoke › Section III-1103 - Impairment of Visibility on Public Roads Prohibited

Current through Register Vol. 50, No. 6, June 20, 2024
A. The emissions of smoke which passes onto
				or across a public road and creates a traffic hazard by impairment of
				visibility as defined in LAC 33:III.111 or intensifies an existing traffic
				hazard condition is prohibited.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 11 - Control of Emissions of Smoke › Section III-1105 - Smoke from Flaring Shall not Exceed 20 Percent Opacity

Current through Register Vol. 50, No. 6, June 20, 2024
A. The emission of smoke from a flare or
				other similar device used for burning in connection with pressure valve
				releases for control over process upsets shall be controlled so that the shade
				or appearance of the emission does not exceed 20 percent opacity (LAC
				33:III.1503.D.4, Table 4) for a combined ttal of 6 hours in any 10 consecutive
				days. If it appears the emergency cannot be controlled in 6 hours, SPOC shall
				be notified by the emitter in accordance with LAC 33:I.3923 as soon as possible
				after the start of the upset period.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 11 - Control of Emissions of Smoke › Section III-1106 - Test Methods and Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Opacity shall be determined using Method 9 of  40 CFR Part 60, Appendix
				A.
B. As an alternative to the
				method set forth in Subsection A of this Section, an owner or operator may
				elect to use a continuous opacity monitoring system (COMS) meeting the
				requirements outlined in
				40 CFR 60.13(c) and
				(d).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 11 - Control of Emissions of Smoke › Section III-1107 - Exemptions

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Reserved.
B. The opacity standards
				set forth in LAC 33:III.1101 do not apply to the following:
1. combustion units when combusting only
				natural gas, carbon monoxide, hydrogen, and/or other gaseous fuels with a
				carbon to hydrogen molecular ratio of less than 0.34 (e.g.,
				CH4 equals 0.25, H2 and CO equal
				zero). For mixtures of gaseous fuels, the molecular ratio shall be computed
				based on the volume percent (at standard conditions) of carbon monoxide,
				hydrogen, and each organic compound in the fuel gas stream;
2. combustion units subject to a federal
				standard promulgated pursuant to
				Section
				111 of the Clean Air Act that
				limits average opacity to less than or equal to 20 percent, except for one
				six-minute period or less per hour;
3. recovery furnaces subject to LAC
				33:III.2301.D.4;
4. biomedical
				waste incinerators subject to LAC 33:III.2511.E.2.f;
5. refuse incinerators subject to LAC
				33:III.2521.F.8.e; and
6.
				crematories subject to LAC 33:III.2531.F.1.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 11 - Control of Emissions of Smoke › Section III-1109 - Control of Air Pollution from Outdoor Burning

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose. It is the purpose of this Section
				to control outdoor burning of waste or other combustible material.
B. Outdoor Burning Prohibited. No person
				shall cause or allow the outdoor burning of waste material or other combustible
				material on any property owned by him or under his control except as provided
				in Subsections C and D of this Section.
C. Statutory Exceptions. The following
				activities are not subject to the prohibition created in Subsection B of this
				Section:
1. the burning of leaves, grass,
				twigs, branches, and vines by a private property owner on his own property for
				noncommercial purposes in parishes with a population of 300,000 or less,
				provided the property owner attends the burning of yard waste at all times.
				This exception shall not apply in the parish of East Baton Rouge;
2. the burning of trees, brush, grass, or
				other vegetable matter in any parish having a population of 90,000 or less,
				provided the location of the burning is not within the territorial limits of a
				city or town or adjacent to a city or town in such proximity that the ambient
				air of the city or town will be affected by smoke from the burning;
3. the burning of trees, branches, limbs, or
				other wood as a bonfire that is specifically authorized by ordinance in the
				parishes of St. James, St. John the Baptist, or St. Charles;
4. the burning of agricultural by-products in
				the fields in connection with the planting, harvesting, or processing of
				agricultural products;
5. the
				controlled burning of cotton gin agricultural wastes in connection with cotton
				gin operations;
6. the controlled
				burning in connection with timber stand management; and
7. the controlled burning of pasture land or
				marshland in connection with trapping or livestock production.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 11 - Control of Emissions of Smoke › Section III-1111 - Exclusion

Current through Register Vol. 50, No. 6, June 20, 2024
Any person claiming exclusion from the application of this
				  Chapter under this provision shall apply to the administrative authority for
				  exclusion in accordance with
				  R.S. 30:2056
				  of the Act. The applicant shall furnish such information as the administrative
				  authority may reasonably require to enable it to make a determination. The
				  administrative authority may make such determination and apply such conditions
				  as may be appropriate to the activity in question. A person granted an
				  exclusion under this provision may be required to furnish the administrative
				  authority with plans satisfactory to the administrative authority for
				  implementing any reasonable control measures which may be developed or which
				  otherwise become available.
A.
				Variance. Emissions of smoke pursuant to and in compliance with the terms of a
				variance granted by the administrative authority.
B. Unpopulated Areas. Emissions of smoke from
				an activity when the following conditions are met.
1. The source of the emissions is in a
				relatively unpopulated area of the state.
2. The administrative authority determines it
				is not technically practicable nor economically reasonable to eliminate the
				emissions.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 13 - Emission Standards for Particulate Matter (Including Standards for Some Specific Facilities) › Subchapter A - General › Section III-1301 - Emission Standards for Particulate Matter

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose. The purpose of this Section shall
				  be to limit the quantity of particulate matter emitted.
B. Scope. This Section applies to any
				  operation, process, or activity from which particulate matter is emitted except
				  the wood pulping industry, the primary aluminum industry (horizontal stud
				  Soderberg and prebake processes), and the burning of fuel for indirect heating
				  in which the products of combustion do not come into direct contact with
				  process materials.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 13 - Emission Standards for Particulate Matter (Including Standards for Some Specific Facilities) › Subchapter A - General › Section III-1303 - Provisions Governing Specific Activities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Toxic Substances. Substances which are by
				  nature toxic to human or animal life or vegetation may be controlled to more
				  restrictive levels than is required for particulate matter in
				  general.
B. Impairment of
				  Visibility. The emissions which pass onto or across a public road and create a
				  traffic hazard by impairment of visibility or intensify an existing traffic
				  hazard condition are prohibited.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 13 - Emission Standards for Particulate Matter (Including Standards for Some Specific Facilities) › Subchapter A - General › Section III-1305 - Control of Fugitive Emissions

Current through Register Vol. 50, No. 6, June 20, 2024
A. All reasonable precautions shall be taken
				  to prevent particulate matter from becoming airborne. These precautions shall
				  include but shall not be limited to the following:
1. use of water or chemicals for control of
				  dust in the demolition of existing buildings or structures, construction
				  operations, the grading of roads, or the clearing of land;
2. application of asphalt, oil, water, or
				  suitable chemicals on dirt roads, materials stockpiles, and other surfaces
				  which can give rise to airborne dusts;
3. installation and use of dust collectors to
				  enclose and vent the handling of dusty materials. Adequate containment methods
				  shall be employed during sandblasting or other similar operations;
4. open-bodied trucks transporting materials
				  likely to give rise to airborne dust shall be covered at all times when in
				  motion;
5. conducting agricultural
				  practices such as tilling of land, application of fertilizers and insecticides
				  in such a manner as to prevent dust from becoming airborne;
6. paving roadways and maintaining the
				  roadways in a clean condition;
7.
				  the prompt removal of earth or other material from paved streets onto which
				  earth or other material has been transported by trucking or earth moving
				  equipment, erosion by water or other means.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 13 - Emission Standards for Particulate Matter (Including Standards for Some Specific Facilities) › Subchapter A - General › Section III-1307 - Degradation of Existing Quality Restricted

Current through Register Vol. 50, No. 6, June 20, 2024
A. Emissions whose quality as of the
				  effective date of these regulations is higher than the standards set forth in
				  LAC 33:III.1321, Table 3 and LAC 33:III.1311.B shall be maintained at the
				  higher quality unless it can be affirmatively demonstrated to the department
				  that a change in quality is justifiable and will not be contrary to the
				  guidelines as set forth by these regulations.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 13 - Emission Standards for Particulate Matter (Including Standards for Some Specific Facilities) › Subchapter A - General › Section III-1309 - Measurement of Concentrations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Method. The methods listed in LAC
				  33:III.1503.D.2, Table 4 or such equivalent methods as may be approved by the
				  department shall be utilized to determine particulate concentrations in stack
				  gases.
B. Calibration Required.
				  Measurement equipment shall be periodically calibrated to comply with minimal
				  American Bureau of Standards Criteria.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 13 - Emission Standards for Particulate Matter (Including Standards for Some Specific Facilities) › Subchapter A - General › Section III-1311 - Emission Limits

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  process weight rate per hour referred to in this Section shall be based upon
				  the normal operation maximum capacity of the equipment and if such normal
				  maximum capacity should be increased by process or equipment changes, the new
				  normal maximum capacity shall be used as the process weight in determining the
				  allowable emissions.
B. No person
				  shall cause, suffer, allow, or permit the emission of particulate matter to the
				  atmosphere from any process or process equipment in excess of the amount shown
				  in LAC 33:III.1321, Table 3 for the process weight rate allocated to such
				  source. The rate of emission shall be the total of all emission points from the
				  source.
C. The emission of
				  particulate matter from any source other than sources covered under Subsection
				  D of this Section shall be controlled so that the shade or appearance of the
				  emission is not denser than 20 percent average opacity (see LAC
				  33:III.1503.D.2, Table 4); except the emissions may have an average opacity in
				  excess of 20 percent for not more than one six-minute period in any 60
				  consecutive minutes.
D. Fluid
				  Catalytic Cracking Units. No owner or operator shall discharge or cause the
				  discharge into the atmosphere from any new or existing fluid catalytic cracking
				  unit catalyst regenerator gases exhibiting greater than 30 percent opacity,
				  except for one six-minute average opacity reading in any one-hour
				  period.
E. Emissions already less
				  than that allowed by the process weight rate limitation (LAC 33:III.1321, Table
				  3) will be considered by the administrative authority for exemption from the
				  above state opacity limitation.
F.
				  When the presence of uncombined water is the only reason for failure of an
				  emission to meet the requirements of this Section, this Section will not
				  apply.
G. Variances. Where upon
				  written application of the responsible person or persons the administrative
				  authority finds that by reason of exceptional circumstances strict conformity
				  with any provisions of these regulations would cause undue hardship, would be
				  unreasonable, impractical or not feasible under the circumstances, the
				  administrative authority may permit a variance from or consider a change in
				  these regulations upon such conditions and with such time limitations as it may
				  prescribe for prevention, control or abatement of air pollution in harmony with
				  the intent of the act. No variance may permit or authorize the maintenance of a
				  nuisance or a danger to public health or safety.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 13 - Emission Standards for Particulate Matter (Including Standards for Some Specific Facilities) › Subchapter C - Fuel Burning Equipment › Section III-1313 - Emissions from Fuel Burning Equipment

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose. The purpose of this Subchapter
				  shall be to limit the quantity of particulate matter emitted from fuel burning
				  equipment.
B. Scope. This
				  Subchapter applies to fuel burning installations utilized for the primary
				  purpose of producing steam, hot water, hot air or other indirect heating of
				  liquids, gases, or solids where the products of combustion do not have direct
				  contact with process materials. Fuel includes coal, coke, lignite, coke breeze,
				  fuel oil, wood, or other fuels. When any products or by-products of a
				  manufacturing process are burned for the same purpose or in conjunction with
				  any fuel, the same maximum emission limitations shall apply.
C. Limitations. No person shall cause,
				  suffer, allow or permit the emission of particulate matter to the atmosphere
				  from any fuel burning equipment in excess of 0.6 pounds per
				  106 Btu of heat input.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 13 - Emission Standards for Particulate Matter (Including Standards for Some Specific Facilities) › Subchapter C - Fuel Burning Equipment › Section III-1315 - More Stringent Requirements May Be Prescribed If Particulates Are Toxic

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  department may prescribe air quality control requirements that are more
				  restrictive and more extensive than provided for in LAC 33:III.1313.C and 1311
				  if the particulate matter emitted is toxic, or a deleterious substance which
				  may affect human health or well-being or which would cause significant damage
				  to animal or plant life.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 13 - Emission Standards for Particulate Matter (Including Standards for Some Specific Facilities) › Subchapter C - Fuel Burning Equipment › Section III-1317 - Exclusions

Current through Register Vol. 50, No. 6, June 20, 2024
A. When Variance Is
				  Granted. The following matters are excluded from the application of this
				  Subchapter: Emissions of particulate matter pursuant to and in compliance with
				  the terms of a variance granted by the administrative authority.
B. Applicant Shall Furnish Required
				  Information to the Department of Environmental Quality. Any person claiming
				  exclusion from the application of this Subchapter under this provision shall
				  apply to the administrative authority for exclusion in accordance with
				  R.S.
				  30:2056. The applicant shall furnish such
				  information as the administrative authority may reasonably require to enable it
				  to make a determination. The administrative authority may make such
				  determination and apply such conditions as may be appropriate to the activity
				  in question. A person granted an exclusion under this provision may be required
				  to furnish the administrative authority with plans satisfactory to the
				  administrative authority for implementing any reasonable control measures which
				  may be developed or which may otherwise become available.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 13 - Emission Standards for Particulate Matter (Including Standards for Some Specific Facilities) › Subchapter E - Leadened Particulate Matter › Section III-1321 - Emission Standards for Leadened Particulate Matter

Current through Register Vol. 50, No. 6, June 20, 2024
A. All regulations outlined in LAC
				  33:III.1301 to 1311 regarding particulate matter also apply to particulate
				  emissions that have any lead component.
Table 3
Allowable Rate of Emissions Based on Process
								Weight Rate
Process Wgt. Rate
Rate of Emissions
Lbs./Hr.
Tons/Hr.
Lbs./Hr.
100
0.05
0.551
200
0.10
0.877
400
0.20
1.40
600
0.30
1.83
800
0.40
2.22
1,000
0.50
2.58
1,500
0.75
3.38
2,000
1.00
4.10
2,500
1.25
4.76
3,000
1.50
5.38
3,500
1.75
5.96
4,000
2.00
6.52
5,000
2.50
7.58
6,000
3.00
8.56
7,000
3.50
9.49
8,000
4.00
10.4
9,000
4.50
11.2
10,000
5.00
12.0
12,000
6.00
13.6
16,000
8.00
16.5
18,000
9.00
17.9
20,000
10.00
19.2
30,000
15.00
25.2
40,000
20.00
30.5
50,000
25.00
35.4
60,000
30.00
40.0
70,000
35.00
41.3
80,000
40.00
42.5
90,000
45.00
43.6
100,000
50.00
44.6
120,000
60.00
46.3
140,000
70.00
47.8
160,000
80.00
49.0
200,000
100.00
51.2
1,000,000
500.00
69.0
2,000,000
1,000.00
77.6
6,000,000
3,000.00
92.7
Interpolation of the data in this table for process weight
					 rates up to 60,000 pounds/hour (lbs/hr) shall be accomplished by use of the
					 equation:
E = 4.10(P) 0.67,
and interpolation and extrapolation of the data for
					 process weight rates in excess of 60,000 pounds/hour (lbs/hr) shall be
					 accomplished by use of the equation:
E = 55.0(P)0.11 - 40
where:
E = rate of emission in pounds/hour (lbs/hr) and P equals
					 process weight rate in tons/hour.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 13 - Emission Standards for Particulate Matter (Including Standards for Some Specific Facilities) › Subchapter F - Abrasive Blasting › Section III-1323 - Emissions from Abrasive Blasting

Current through Register Vol. 50, No. 6, June 20, 2024
A. Purpose. The purpose of this Subchapter is
				  to reduce particulate matter emissions from facilities that engage in abrasive
				  blasting.
B. Scope. This Subchapter
				  applies to any facility or contractor in the state that engages in or contracts
				  to provide on-site abrasive blasting and that is classified under a Standard
				  Industrial Classification (SIC) Code beginning with 34, 35, or 37 or under SIC
				  Code 1622 or 1721.
C. Compliance.
				  Compliance with these regulations does not eliminate the requirement to comply
				  with any other state or federal regulation or any specific condition of a
				  permit granted by the department.
1. Any new
				  facility that is constructed after promulgation of these regulations shall
				  comply with all of the requirements of this Subchapter before operation may
				  commence.
2. Existing affected
				  facilities shall comply with all of the requirements of this Subchapter as soon
				  as practicable, but no later than one year after promulgation of these
				  regulations.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 13 - Emission Standards for Particulate Matter (Including Standards for Some Specific Facilities) › Subchapter F - Abrasive Blasting › Section III-1327 - Blasting Operations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Abrasive Materials and Methods
1. Material
				  derived from hazardous, toxic, medical, and/or municipal waste is prohibited
				  from use as abrasive material.
2.
				  Abrasives shall contain less than 10 percent (by weight) of fines that would
				  pass through a No. 80 sieve as documented by the supplier. If supplier
				  documentation is not provided for weight percent of fines in abrasive material,
				  samples shall be taken according to ASTM standard ASTM D 75-03 before initial
				  use.
3. Abrasives shall not be
				  reused for abrasive blasting unless they meet the requirements of Paragraph A.2
				  of this Section.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 13 - Emission Standards for Particulate Matter (Including Standards for Some Specific Facilities) › Subchapter F - Abrasive Blasting › Section III-1329 - Performance Standard

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Affected facilities shall either:
1. fully
				  enclose the item, or surround the structure, to be blasted; or
2. prepare and implement a best management
				  practices (BMP) plan as described in LAC 33:III.1331.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 13 - Emission Standards for Particulate Matter (Including Standards for Some Specific Facilities) › Subchapter F - Abrasive Blasting › Section III-1331 - Best Management Practices (BMP) Plans

Current through Register Vol. 50, No. 6, June 20, 2024
A. Facilities that decide to use a BMP plan
				  to comply with this Subchapter shall comply with all the requirements of this
				  Section.
B. A complete copy of the
				  BMP plan shall be kept at the facility and be made available to authorized
				  representatives of the department upon request. Plans need not be submitted to
				  the department unless requested by an authorized representative of the
				  department.
C. Each facility shall
				  have a designated person who is accountable for the implementation and
				  effectiveness of the BMP plan.
D.
				  Amendment of BMP Plan
1. After review of the
				  plan, the department may require the owner/operator of the facility to amend
				  the plan if the plan does not prevent nuisances and/or adverse off-site
				  impacts.
2. The plan shall be
				  amended whenever physical or operational modification of the facility renders
				  the existing plan inadequate. The amendment shall be implemented prior to or
				  concurrent with the facility modification.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 13 - Emission Standards for Particulate Matter (Including Standards for Some Specific Facilities) › Subchapter F - Abrasive Blasting › Section III-1333 - Recordkeeping and Reporting

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The facility owner/operator shall maintain the following records on the
				  facility premises at all times, and present them to an authorized
				  representative of the department upon request:
1. permit application approval records and
				  the facility's permit to construct/operate, where applicable;
2. a description of the type of
emission control equipment,
as defined in LAC 33:III.1325,
				  employed at the facility;
3.
				  descriptions and diagrams showing the locations of blasting operations
				  on-site;
4. a monthly record of
				  abrasive material usage, including:
a. for new
				  material, weight percent of fines in abrasive material
per
the
				  manufacturer;
b. if abrasive
				  material is being reused, weight percent of fines as determined by sampling.
				  For the purpose of determining weight percent of fines in abrasive material,
				  samples shall be taken according to ASTM standard ASTM D 75-03;
5. applicable results, and data
				  derived from results, of containment, ventilation, air, soil, fines, and other
				  monitoring activities;
6. records
				  of how spent material is handled, recycled, reused, or disposed of, including
				  the names of, and any manifests or receipts from, any off-site facilities that
				  accept the spent material; and
7.
				  for abrasive blasting that is performed outside of a full enclosure or a blast
				  cabinet, the following:
a. visual
				  observations of particulate matter emissions, recorded at commencement of, and
				  prior to ending of, operations less than four hours in duration, and every four
				  hours for operations greater than four hours in duration;
b. observations of wind direction, recorded
				  simultaneously with the observations required in Subparagraph A.7.a of this
				  Section;
c. a daily record of
				  actual operating times when such blasting is performed, based on a 24-hour
				  clock.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 14 - Conformity › Subchapter A - Determining Conformity of General Federal Actions to State or Federal Implementation Plans › Section III-1401 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				  this Subchapter is to implement  40 CFR Part 51, Subpart W to fulfill
				  requirements of Section 176(c) of the Clean Air Act (CAA), as amended (42 U.S.C.
				  7401 et seq.), with respect to the conformity
				  of general federal actions to the applicable state implementation plan(s)
				  (SIPs). This rule sets forth policy, criteria, and procedures for demonstrating
				  and assuring conformity of such actions to the applicable SIPs.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 14 - Conformity › Subchapter A - Determining Conformity of General Federal Actions to State or Federal Implementation Plans › Section III-1402 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. The conformity
				  provisions of this Subchapter shall apply in all criteria pollutant
				  nonattainment and maintenance areas and shall apply to all federal action as
				  defined and required in this Subchapter.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 14 - Conformity › Subchapter A - Determining Conformity of General Federal Actions to State or Federal Implementation Plans › Section III-1403 - Prohibition

Current through Register Vol. 50, No. 6, June 20, 2024
A. No department,
				  agency, or instrumentality of the federal government shall engage in, support
				  in any way, provide financial assistance for, license, permit, or approve any
				  activity which does not conform to an applicable implementation plan.
B. A federal agency must make a determination
				  that a federal action conforms to the applicable implementation plan in
				  accordance with the requirements of this Subchapter before the action is
				  taken.
C. Subsection B of this
				  Section does not include federal actions where conditions in either Paragraph
				  C.1 or 2 of this Section are met:
1. a
				  National Environmental Policy Act (NEPA) analysis was completed as evidenced by
				  a final environmental assessment (EA), environmental impact statement (EIS), or
				  finding of no significant impact (FONSI) that was prepared prior to January 31,
				  1994; or
2. prior to January 31,
				  1994, an EA was commenced or a contract was awarded to develop the specific
				  environmental analysis; sufficient environmental analysis is completed by March
				  15, 1994, so that the federal agency may determine that the federal action is
				  in conformity with the specific requirements and the purposes of the applicable
				  SIP in accordance with the federal agency's affirmative obligation under
				  Section 176(c) of the CAA; and a written determination of conformity under
				  Section 176(c) of the CAA has been made as of March 15, 1994, by the federal
				  agency responsible for the federal action.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 14 - Conformity › Subchapter A - Determining Conformity of General Federal Actions to State or Federal Implementation Plans › Section III-1405 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. Conformity
				  determinations for federal actions related to transportation plans, programs,
				  and projects developed, funded, or approved under Title 23 U.S.C. or the
				  Federal Transit Act (  49 U.S.C. 1601  et seq.) must meet the procedures and
				  criteria of LAC 33:III.Chapter 14.Subchapter B, in lieu of the procedures set
				  forth in this Subchapter.
B. For
				  federal actions not covered by Subsection A of this Section, a conformity
				  determination under this Subchapter is required for each criteria pollutant
				  where the total of direct and indirect emissions in a nonattainment or
				  maintenance area caused by a federal action would equal or exceed any of the
				  rates in Paragraph B.1 or 2 of this Section. Emissions from federal actions
				  must be determined using methods described in LAC 33:III.1411.
1. The following rates apply in nonattainment
				  areas (NAAs).
Criteria Pollutants
Tons/Year
Ozone (VOCs or NOx)
Serious NAAs
50
Severe NAAs
25
Extreme NAAs
10
Other ozone NAAs outside an ozone transport region
100
Marginal and moderate NAAs inside an ozone
								transport region
VOC
50
NOx
100
Carbon Monoxide
All NAAs
100
SO2 or
								NO2
All NAAs
100
PM10
Moderate NAAs
100
Serious NAAs
70
Pb
All NAAs
25
2.
				  The following rates apply in maintenance areas.
Criteria Pollutants
Tons/Year
Ozone (NOx),
								SO2 or NO2
All Maintenance Areas
100
Ozone (VOCs)
Maintenance areas inside an ozone transport region
50
Maintenance areas outside an ozone transport
								region
100
Carbon Monoxide
All maintenance areas
100
PM10
All maintenance areas
100
Pb
All maintenance areas
25
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 14 - Conformity › Subchapter A - Determining Conformity of General Federal Actions to State or Federal Implementation Plans › Section III-1406 - Conformity Analysis

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				  federal department, agency, or instrumentality of the federal government taking
				  an action subject to this Subchapter must make its own conformity determination
				  consistent with the requirements of this Subchapter. In making its conformity
				  determination, a federal agency must consider comments from any interested
				  parties. Where multiple federal agencies have jurisdiction for various aspects
				  of a project, a federal agency may choose to adopt the analysis of another
				  federal agency (to the extent the proposed action and impacts analyzed are the
				  same as the project for which a conformity determination is required) or
				  develop its own analysis in order to make its conformity determination. Any
				  analysis adopted must include all known facility emissions associated with the
				  action.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 14 - Conformity › Subchapter A - Determining Conformity of General Federal Actions to State or Federal Implementation Plans › Section III-1407 - Reporting Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				  federal agency making a conformity determination under LAC 33:III.1410 must
				  provide to the department, the EPA Region 6 Office, local air quality agencies
				  and, where applicable, affected federal land managers, and the MPO a direct
				  notice 30 days prior to final adoption of the conformity determination, which
				  describes the proposed action and the federal agency's draft conformity
				  determination on the action in sufficient detail to demonstrate that criteria
				  and procedures required in LAC 33:III.1410-1412 are applied.
B. A federal agency must give direct
				  notification to the department, the EPA Region 6 Office, local air quality
				  agencies and, where applicable, affected federal land managers, and the MPO
				  within 30 days after making a final conformity determination under LAC
				  33:III.1410.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 14 - Conformity › Subchapter A - Determining Conformity of General Federal Actions to State or Federal Implementation Plans › Section III-1408 - Public Participation

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Upon request by any person regarding a specific federal action, a federal
				  agency must make available for review its draft conformity determination under
				  LAC 33:III.1410 with supporting materials which describe the analytical
				  methods, assumptions, and conclusions relied upon in making the applicability
				  analysis and draft conformity determination.
B. A federal agency must make public its
				  draft conformity determination under LAC 33:III.1410 by placing a notice by
				  prominent advertisement in the official state journal (daily newspaper so
				  designated) and by providing 30 days for written public comment prior to taking
				  any formal action on the draft determination. This comment period may be
				  concurrent with any other public involvement, such as occurs in the NEPA
				  process.
C. A federal agency must
				  document its response to all the comments received on its draft conformity
				  determination under LAC 33:III.1410 and make the comments and responses
				  available, upon request by any person regarding a specific federal action,
				  within 30 days of the final conformity determination.
D. A federal agency must make public its
				  final conformity determination under LAC 33:III.1410 for a federal action by
				  placing a notice by prominent advertisement in the official state journal (a
				  daily newspaper so designated) within 30 days of the final conformity
				  determination.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 14 - Conformity › Subchapter A - Determining Conformity of General Federal Actions to State or Federal Implementation Plans › Section III-1409 - Frequency of Conformity Determinations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The conformity status of a federal action
				  automatically lapses five years from the date its final conformity
				  determination is reported under LAC 33:III.1407, unless the federal action has
				  been completed or a continuous program has been commenced to implement that
				  federal action within a reasonable time.
B. Ongoing federal activities at a given site
				  showing continuous progress are not new actions and do not require periodic
				  redetermination so long as the emissions associated with such activities are
				  within the scope of the final conformity determination reported under LAC
				  33:III.1407.
C. A new conformity
				  determination is required if, after the conformity determination is made, the
				  federal action is changed so that there is an increase in the total of direct
				  and indirect emissions and the new net emissions are above the levels in LAC
				  33:III.1405.B.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 14 - Conformity › Subchapter A - Determining Conformity of General Federal Actions to State or Federal Implementation Plans › Section III-1411 - Procedures for Conformity Determinations of General Federal Actions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The analyses
				  required under this Subchapter must be based on the latest planning
				  assumptions.
1. All planning assumptions must
				  be derived from the estimates of population, employment, travel, and congestion
				  most recently approved by the MPO or state agency authorized to make such
				  estimates where available.
2. Any
				  revisions to these estimates used as part of the conformity determination,
				  including projected shifts in geographic location or level of population,
				  employment, travel, and congestion, must be approved by the MPO or state agency
				  authorized to make such estimates for the area.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 14 - Conformity › Subchapter A - Determining Conformity of General Federal Actions to State or Federal Implementation Plans › Section III-1413 - Departmental Review

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  When notified by the federal agency of action that would be presumed to conform
				  or when notified of a proposed conformity determination, the department will
				  review documentation, clarify information, and provide written comments as
				  appropriate to ensure accountability of federal actions.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 14 - Conformity › Subchapter A - Determining Conformity of General Federal Actions to State or Federal Implementation Plans › Section III-1414 - Enforcement Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				  person(s) regulated by this Subchapter, including any person(s) who voluntarily
				  commit to mitigate measures for emissions offsets to federal actions and who
				  fail to comply with the requirements of this Subchapter shall be subject to
				  enforcement provisions under
				  R.S.
				  30:2025.
B. Failure to comply with any requirement of
				  this Subchapter shall be subject to enforcement under the provisions of
				  R.S.
				  30:2025.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 14 - Conformity › Subchapter A - Determining Conformity of General Federal Actions to State or Federal Implementation Plans › Section III-1415 - Savings Provision

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				  federal conformity rules under  40 CFR Part 93, Subpart A establish the
				  conformity criteria and procedures necessary to meet the requirements of the
				  CAA, Section 176(c), until such time that this conformity implementation plan
				  revision is approved by EPA. Following EPA approval of this revision to the
				  applicable implementation plan (or a portion thereof), the approved (or
				  approved portion of) state criteria and procedures would govern conformity
				  determinations; and the federal conformity regulations contained in 40 CFR Part
				  93 would apply only for the portion, if any, of the state's conformity
				  provisions that is not approved by EPA.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 14 - Conformity › Subchapter B - Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded, or Approved under Title 23 U.S.C. or the Federal Transit Act › Section III-1431 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				  this regulation is to implement Section 176(c) of the Clean Air Act (CAA), as
				  amended (42 U.S.C.
				  7401 et seq.), the related requirements of
				  23
				  U.S.C. 109(j), and
				  regulations under 40
Code of Federal Regulations
(CFR) Part
				  93, Subpart A with respect to the conformity of transportation plans, programs,
				  and projects that are developed, funded, or approved by the United States
				  Department of Transportation (DOT) and by metropolitan planning organizations
				  (MPOs) or other recipients of funds under Title 23 U.S.C. or the Federal
				  Transit Laws (49 U.S.C Chapter 53). This regulation sets forth policy,
				  criteria, and procedures for demonstrating and assuring conformity of such
				  activities to applicable implementation plans developed according to Section
				  110 and Part D of the CAA.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 14 - Conformity › Subchapter B - Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded, or Approved under Title 23 U.S.C. or the Federal Transit Act › Section III-1432 - Incorporation by Reference

Current through Register Vol. 50, No. 6, June 20, 2024
A.  40
				  CFR Part 93, Subpart A, July 1, 2008, is hereby incorporated by reference with
				  the exclusion of Sections 105, 122(a)(4)(ii), and 125(c).
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 14 - Conformity › Subchapter B - Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded, or Approved under Title 23 U.S.C. or the Federal Transit Act › Section III-1435 - Commitments for Regional Emissions Analysis

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance with
				  40
				  CFR 93.122(a)(4)(ii), prior
				  to making a conformity determination on the transportation plan or TIP, the
				  MPO, where one exists, or the MPO's designee, shall not include emissions
				  reduction credits from any control measures that are not included in the
				  transportation plan or TIP, and that do not require a regulatory action in the
				  regional emissions analysis used in the conformity analysis unless the MPO,
				  where one exists, or the MPO's designee, or the FHWA/FTA obtains written
				  commitments, as defined in
				  40
				  CFR 93.101, from the appropriate entities to
				  implement those control measures. The written commitments to implement those
				  control measures must be fulfilled by the appropriate entities.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 30:2054.