reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 5 - Permit Procedures › Section III-519 - Permit Issuance Procedures for New Facilities, Initial Permits, Renewals and Significant Modifications

Current through Register Vol. 50, No. 6, June 20, 2024
A. Completeness Review
1. Within 60 days of receipt of a permit
				application, the permitting authority shall review the application for
				completeness and shall:
a. notify the
				applicant in writing that the application is complete; or
b. notify the applicant in writing of any
				deficiencies.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 5 - Permit Procedures › Section III-521 - Administrative Amendments

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Administrative Amendment Criteria. Administrative amendment procedures may be
				used to revise the permit for any change that would not violate any applicable
				requirement or standard and:
1. corrects
				typographical errors or errors in transcribing the proposed permit to the final
				version of the permit;
2. updates
				or corrects identifying information at the source;
3. allows for a change in ownership at the
				source, in accordance with forms and guidance provided by the permitting
				authority and pursuant to LAC 33:I.Chapter 19;
4. identifies as a federal MACT emission
				limit, pursuant to Sections 112(g) (Modifications) (Equivalent Emission
				Limitation by Permit) of the Clean Air Act, terms and conditions which have
				already undergone public notice as MACT for the facility, provided adequate
				opportunity is given for EPA and affected state review and provided compliance
				provisions consistent with LAC 33:III.507.H.1 are included in the
				permit;
5. incorporates changes to
				render preconstruction permit terms and conditions consistent with emissions
				data and operating parameters as determined by start-up testing results,
				provided such changes are determined to meet the criteria of LAC 33:III.523;
				or
6. incorporates state-only
				changes to terms and conditions which are not federally enforceable under  40
				CFR Part 70  and which the permitting authority determines to be similar in
				nature to the changes listed in this Subsection.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 5 - Permit Procedures › Section III-523 - Procedures for Incorporating Test Results

Current through Register Vol. 50, No. 6, June 20, 2024
A. Permit Amendments or Modifications. The
				owner or operator of any facility permitted under this Chapter shall request a
				permit amendment or modification to reflect the results of any testing required
				or approved by the permitting authority, if such testing demonstrates that the
				terms and conditions of the existing permit are inappropriate or inaccurate.
				The request, together with all information necessary to process such request,
				shall be submitted within 90 days of obtaining the relevant test results.
1. Administrative Amendments. Changes to
				incorporate test results may be incorporated into the permit as an
				administrative amendment if all of the following criteria are met:
a. the changes are a result of tests
				performed upon start-up of newly constructed, installed, or modified equipment
				or operations;
b. increases in
				permitted emissions will not exceed 5 tons per year for any criteria or toxic
				air pollutant;
c. increases in
				permitted emissions of Louisiana toxic air pollutants or of federal hazardous
				air pollutants would not constitute a modification under LAC 33:III.Chapter 51
				or under Section 112(g) of the Clean Air Act;
d. changes in emissions would not require new
				source review for prevention of significant deterioration or nonattainment, and
				would not trigger the applicability of any federally applicable
				requirement;
e. changes in
				emissions would not qualify as a significant modification;
f. the request is submitted no later than 12
				months after commencing operation; and
g. the permit contains a term which provides
				for the incorporation of test results by administrative amendment in accordance
				with this Paragraph A.1 of this Section.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 5 - Permit Procedures › Section III-525 - Minor Modifications

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Minor Modification Criteria
1. For any source
				which is not a Part 70 source or for any application for a state-only change at
				a Part 70 source, minor modification procedures may be utilized for any change
				which does not require public notice.
2. For any application at a Part 70 source
				which does not qualify as a state-only change, minor modification procedures
				may be utilized for any change or modification that:
a. would not violate any federally applicable
				requirement or standard or any applicable provisions of LAC 33:III, Air Quality
				Regulations;
b. would not
				constitute a Title I modification;
c. would not involve significant changes to
				existing monitoring, reporting, or recordkeeping requirements;
d. would not seek to establish or alter
				emission limits which incorporate a case-by-case determination of MACT under
				Section 112(g) of the Clean Air Act or an alternative emissions limit under
				Section 112(i)(5) of the Clean Air Act or an equivalency determination of
				RACT;
e. would not seek to
				establish or change a permit term or condition for which there is no underlying
				federally applicable requirement and that the owner or operator has assumed
				solely to avoid a federally applicable requirement;
f. would not seek to establish or exceed an
				enforceable emissions cap assumed to establish minor source status or to avoid
				classification as a Title I modification; and
g. is not otherwise determined by the
				permitting authority to be a significant modification.
3. Notwithstanding Paragraph A.2 of this
				Section, minor permit modification procedures may be used for permit
				modifications incorporating the use of economic incentives, marketable permits,
				emissions trading, and other similar approaches to the extent that such
				procedures are explicitly provided for in the State Implementation Plan or in
				federally applicable requirements.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 5 - Permit Procedures › Section III-527 - Significant Modifications

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Significant Modification Criteria
1.
				Significant modification procedures shall be used for any permit revision
				needed to incorporate a change which does not qualify as an administrative
				amendment and does not qualify as a minor modification.
2. At a minimum, any change which meets the
				following criteria shall require significant modification procedures:
a. the change constitutes a Title I
				modification, as defined in LAC 33:III.502;
b. the change constitutes a significant
				change in existing monitoring terms and conditions; or
c. the change is a relaxation of reporting or
				recordkeeping permit terms and conditions.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 5 - Permit Procedures › Section III-529 - Reopenings for Cause

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				permit issued under this Chapter may be reopened and revised by the permitting
				authority prior to the expiration of the permit if sufficient cause exists to
				warrant the reopening.
1. Sufficient cause
				shall include, but is not limited to:
a. a
				demonstration by any person, to the satisfaction of the permitting authority,
				that the permit contains a material mistake, that inaccurate statements were
				made in establishing the terms or conditions of the permit, or that the permit
				must be revised to assure compliance with any federally applicable requirement
				or any applicable provision of LAC 33:III, Air Quality Regulations;
				or
b. a demonstration by the owner
				or operator, to the satisfaction of the permitting authority, that reopening
				and reissuance of the permit will result in a benefit to the owner or operator
				and will not place an undue burden on the permitting authority.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 5 - Permit Procedures › Section III-531 - Public Notice and Affected State Notice

Current through Register Vol. 50, No. 6, June 20, 2024
A. Public Notice
1. At the discretion of the permitting
				authority, public notice may be provided prior to issuance of any new or
				revised permit under this Chapter.
2. For applications pertaining to a Part 70
				source, public notice shall be published by the permitting authority prior to
				the issuance of any permit which is:
a. the
				initial permit issued in accordance with a federally approved operating permit
				program pursuant to LAC 33:III.507;
b. a permit renewal as required pursuant to
				LAC 33:III.507.E;
c. a permit
				revision to incorporate a significant modification as defined pursuant to LAC
				33:III.527.
3. Each
				public notice provided under Paragraph A.2 of this Section shall meet the
				following requirements.
a. Methods of Notice
i. The notice shall be given by posting the
				notice and the proposed permit on the departments website for the duration of
				the public comment period.
ii. The
				notice shall be given by mail to persons included on the appropriate mailing
				list developed and maintained by the permitting authority. The permitting
				authority may update the mailing list from time to time by requesting written
				indication of continued interest from those listed. The permitting authority
				may delete from the list the name of any person who fails to respond to such a
				request within a reasonable timeframe.
b. Such notice shall identify;
i. the title and address of the permitting
				authority; the name and address of the permittee;
ii. the name and physical location of the
				affected facility;
iii. the
				activities involved in the permit action;
iv. the emissions change involved;
v. the name or title, address, and telephone
				number of an LDEQ employee from whom additional information may be obtained,
				including copies of the proposed permit, the application, and all supporting
				materials, including the Statement of Basis required by Paragraph A.4 of this
				Section;
vi. a brief description of
				the appropriate comment procedures; and
vii. the time and place of any hearing that
				may be held with a statement of procedures to request a hearing.
c. The permitting authority shall
				provide at least 30 days for public comment and shall give notice of any public
				hearing at least 30 days in advance of the hearing.
d. The departments website shall be used to
				provide notice of all permits subject to notice under this Section. Web
				publication may be supplemented by other noticing methods at the discretion of
				the department.
4.
				Statement of Basis. The permitting authority shall provide a statement that
				sets forth the legal and factual basis for the proposed permit conditions of
				any permit issued to a Part 70 source, including references to the applicable
				statutory or regulatory provisions. The permitting authority shall send this
				statement to any person who requests it and to EPA.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 5 - Permit Procedures › Section III-533 - EPA Notice, Review, and Objection

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicability. The provisions of this
				Section apply to any permit application affecting federally applicable
				requirements at a Part 70 source after the effective date of LAC 33:III.507.
				Procedures restricting issuance of a permit under this Section are applicable
				only to the issuance of federal conditions of the permit and do not restrict
				DEQ authority to issue and enforce state conditions in accordance with the
				procedures of this Chapter.
B.
				Transmittal of Information
1. A copy of each
				permit application pertaining to a major Part 70 source (including an
				application for a significant or minor permit modification) shall be provided
				to EPA by the owner or operator at the time the application is submitted to the
				permitting authority.
2. A copy of
				each proposed permit and Statement of Basis (SOB) pertaining to a major Part 70
				source shall be provided to EPA by the permitting authority.
a. If, during the public participation
				process, the permitting authority receives significant comments on the proposed
				permit before a copy of the proposed permit and SOB have been provided to EPA,
				the permitting authority shall provide EPA with a written response to
				significant comments along with the proposed permit and SOB.
b. If, during the public participation
				process, the permitting authority receives significant comments on the proposed
				permit after a copy of the proposed permit and SOB have been provided to EPA,
				the permitting authority shall make any necessary revisions to the permit
				and/or SOB to address such comments and provide EPA with the proposed permit,
				SOB, and written response to significant comments after the public comment
				period has closed. The permit submitted to EPA with the written response to
				significant comments after the public comment period has closed shall be
				considered the proposed permit for purposes of this Paragraph.
3. A copy of each final permit
				issued to a major Part 70 source shall be provided to EPA by the permitting
				authority. If significant comments were received during any required public
				participation process, a copy of the written response to significant comments
				shall also be provided to EPA.
4.
				The permitting authority shall keep for five years such records and submit to
				EPA such information as the administrator may reasonably require to ascertain
				whether the state program complies with the requirements of the Federal CAA and
				 40 CFR Part 70.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 6 - Regulations on Control of Emissions through the Use of Emission Reduction Credits (ERC) Banking › Section III-601 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
				establishes the means of enabling stationary sources to identify and preserve
				or acquire emission reductions for new source review (NSR) offsets.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 6 - Regulations on Control of Emissions through the Use of Emission Reduction Credits (ERC) Banking › Section III-603 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. Major stationary
				sources are subject to the provisions of this Chapter for the purpose of
				utilizing emission reductions as offsets in accordance with LAC 33:III.504.
				Minor stationary sources located in nonattainment areas may submit ERC
				applications for purposes of banking, provided the source was operating under
				an air permit and submitted emissions inventories meeting the reporting
				requirements of LAC 33:III.919 during the baseline period. Sources located in
				EPA-designated attainment areas may not participate in the emissions banking
				program, except as specified in Subsection C of this Section.
B. Notwithstanding Subsection A of this
				Section, sources located in the parishes of Ascension, East Baton Rouge,
				Iberville, Livingston, and West Baton Rouge may participate in the emissions
				banking program for purposes of securing offsets where required by LAC
				33:III.504.M.
C. The owner or
				operator of a stationary source located in an EPA-designated attainment area,
				but which is not in compliance with a new or revised national ambient air
				quality standard, may apply to bank reductions in emissions of the noncompliant
				pollutant(s) realized on or after promulgation of the new or revised standard.
D. Eligible Sources. Sources for
				which emission reduction credits may be created and banked include the
				following source types:
1. stationary point
				sources;
2. on-road mobile sources,
				including cars, trucks, and motorcycles;
3. marine vessels;
4. locomotives; and
5.
nonroad engines
as
				defined in LAC 33:III.502.A.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 6 - Regulations on Control of Emissions through the Use of Emission Reduction Credits (ERC) Banking › Section III-606 - Creation of Emission Reduction Credits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Acceptable Methods of Creation. Methods of
				reducing emissions to receive credit under this Chapter include, but are not
				limited to, the following:
1. installation of
				add-on control equipment;
2. change
				in process(es);
3. change in
				process inputs, formulations, products or product mix, or raw materials (an
				actual emission reduction resulting from more effective operation and
				maintenance of abatement and process equipment if the applicant accepts a
				permit provision specifying a lower level of emission);
4. shutdown of emission units or stationary
				sources;
5. production
				curtailment(s); and
6. reductions
				in operating hours; and
7. other
				methods that may be appropriate for on-road mobile sources, marine vessels,
				locomotives, or nonroad engines as described in LAC 33:III.611.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 6 - Regulations on Control of Emissions through the Use of Emission Reduction Credits (ERC) Banking › Section III-607 - Determination of Creditable Emission Reductions from Stationary Point Sources

Current through Register Vol. 50, No. 6, June 20, 2024
A. Procedures for
				Calculating the Surplus Emission Reduction. The following procedures shall be
				used in calculating the quantity of surplus air emission reductions.
1. Calculate actual emissions during the
				baseline period.
2. Calculate
				adjusted allowable emissions during the baseline period. Allowable emissions
				shall be adjusted to account for all new or revised federal or state
				regulations adopted that will require, or would have required, all or a portion
				of the emission reductions that comprise the ERC application or ERC (in the
				case of a partial use of a previously approved ERC) at the time a permit
				application that relies upon the reductions as offsets is deemed
				administratively complete.
3.
				Quantify Baseline Emissions. Baseline emissions shall be the lower of actual
				emissions or adjusted allowable emissions determined in accordance with
				Paragraph A.2 of this Section.
4.
				Calculate allowable emissions after the reductions occurred.
5. Calculate the surplus emission reduction
				by subtracting the allowable emissions after the reduction occurred from the
				baseline emissions.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 6 - Regulations on Control of Emissions through the Use of Emission Reduction Credits (ERC) Banking › Section III-611 - Determination of Creditable Emission Reductions from Mobile Sources

Current through Register Vol. 50, No. 6, June 20, 2024
A. Eligibility
1. In order to be eligible for ERCs, the
				mobile source must be capable of being used or operated for its intended
				purpose and registered and insured by the owner, if required by applicable
				law.
2. Eligible emission reduction
				strategies include:
a. exhaust control
				technologies in which a pollution control device, such as an oxidation
				catalyst, is installed in or connected to an engines exhaust system;
b. remanufacturing systems or kits, which
				entail the replacement of certain parts of an engine during a rebuild,
				resulting in reduced emissions;
c.
				EPA-verified idle reduction projects which involve the installation of a
				technology or device that reduces unnecessary idling of diesel-fired mobile
				sources and/or is designed to provide services (e.g., heat, air conditioning,
				and/or electricity) to such sources that would otherwise require the operation
				of the main or an auxiliary engine while the mobile source is temporarily
				parked or remains stationary;
d.
				engine repowers in which an existing engine is replaced with a newer or
				remanufactured engine certified to or configured to meet a more stringent set
				of emission standards or otherwise powered with an alternative fuel;
e. vehicle or equipment replacements in which
				an entire vehicle or other eligible source type is replaced with a newer
				vehicle or similar source certified to a more stringent set of emission
				standards, or otherwise powered with an alternative fuel;
f. clean alternative fuel conversions in
				which a mobile source or engine is permanently altered to operate on
				alternative fuels such as propane, natural gas, alcohol, or electricity. The
				conversion system must be certified by EPA in order to ensure that the project
				is exempt from the tampering prohibition in section 203(a) of the Clean Air
				Act.
3. On-road mobile
				sources must be part of a commercial, governmental, or institutional fleet.
				Privately-owned vehicles operated primarily for personal use may not
				participate in the emissions banking program.
4. On-road mobile sources and nonroad engines
				must be no more than 20 years old and marine vessels must be no more than 40
				years old in order to participate in the emissions banking program.
5. Eligible emission reduction projects must
				generate at least 0.5 tons of NOX or VOC ERC.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 6 - Regulations on Control of Emissions through the Use of Emission Reduction Credits (ERC) Banking › Section III-613 - ERC Bank Recordkeeping and Reporting Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Recordkeeping Requirements. All records
				shall be maintained for the life of the ERC and shall be available, upon
				request, for inspection by the department. Amounts should be specified in tons
				per year.
1. For each approved ERC
				certificate or pending ERC application, each ERC owner shall maintain records
				of the following:
a. a complete description
				of all projects that generated or required use of ERCs;
b. ERC deposits applied for, but not yet
				approved (i.e., applications);
c.
				approved ERC deposits;
d. ERCs used
				as offsets;
e. ERCs that have
				expired;
f. ERCs transferred to
				another party;
g. adjustments to
				the ERC balance to account for new emission reduction requirements and netting
				in accordance with LAC 33.III.607;
h. the date of each transaction [for
				applications, the date on which the application was submitted; for deposits,
				the date the ERC Certificate was issued; for ERC used as offsets, the date on
				which the permit was issued that relied upon the ERC as offsets; for transfers,
				the date of sale; for adjustments, the date on which a regulation was
				promulgated that required, or would have required, all or a portion of the
				emission reductions that comprise the ERC or ERC application, or the date on
				which the permit was issued that relied upon a reduction (that was either
				banked as ERC or part of an ERC application) to "net out"]; and
i. the current ERC balance.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 6 - Regulations on Control of Emissions through the Use of Emission Reduction Credits (ERC) Banking › Section III-615 - Schedule for Submitting Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A. All applications for banking emission
				reductions shall be submitted by March 31 following the year in which the
				reductions occurred. ERC applications can be submitted in the form of an ERC
				bank application or as part of a permit application for construction or
				modification that requires offsets. Failure to apply for ERCs by March 31 will
				invalidate the emission reductions as offsets.
B. If a parish is designated as nonattainment
				by the EPA after January 1, 2012, applications for banking ERCs in such parish
				must be submitted by March 31 of the year following the effective date of the
				EPA designation.
C. Applications
				for banking emission reductions that are to be made as part of a project that
				includes an increase in emissions for which the reduction will serve to offset
				the increase may be submitted as part of the permit application for the
				proposed increase. Such reductions will be reviewed for applicability as ERCs
				concurrently with the review of the permit application.
D. The applicant shall speciate VOC according
				to individual compounds when applying to bank VOC reductions. Speciation of
				toxic air pollutants regulated in LAC 33:III.Chapter 51 is required.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 6 - Regulations on Control of Emissions through the Use of Emission Reduction Credits (ERC) Banking › Section III-619 - Emission Reduction Credit Bank

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department shall maintain a banking
				database that shall consist of a record of all information concerning
				applications, deposits, withdrawals, and transactions, as well as pertinent
				date(s) concerning such information. All data in the banking database shall be
				available to the public upon request.
B. ERC Certificates. Certificates shall be
				issued for approved ERCs. A record of each ERC certificate issued shall be
				retained by the department. Each ERC certificate shall, at minimum:
1. bear the date of issuance;
2. be signed by the permitting
				authority;
3. include the owner(s)'
				name(s) and address(es);
4. state
				the name or description of the eligible source from which the emission
				reduction occurred;
5. indicate the
				method of ERC creation;
6. show the
				quantity of the ERC and type of pollutant; and
7. show when the emission reduction
				occurred.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 7 - Ambient Air Quality › Section III-701 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. It is
				hereby declared to be the public policy of the state to achieve and maintain
				such levels of air quality as will protect human health and safety, and to the
				greatest degree practicable prevent injury to plant and animal life and
				property, foster the comfort and convenience of the people, promote the
				economic and social development of this state and facilitate the enjoyment of
				the natural attractions of the state.
B. Particulate Matter. The purpose of this
				Chapter is to maintain concentrations of particulate matter in the ambient air
				at levels which will not cause damage or injury to plant or animal life. In
				addition to health considerations, attainment of the standards will result in
				economic and aesthetic benefits such as increased visibility and reduced
				soiling and corrosion.
C. Sulfur
				Dioxide. It is the purpose of this Subsection to establish ambient air
				standards and regulations for the state for sulfur dioxide.
D. Carbon Monoxide. It is the purpose of this
				Subsection to establish ambient air quality standards for the state for carbon
				monoxide and to enumerate methods for measuring carbon monoxide concentration
				in the ambient air.
E.
				Reserved.
F. Atmospheric Oxidants.
				It is the purpose of this Subsection to establish ambient air quality standards
				for the state for atmospheric oxidants and to enumerate methods for measuring
				oxidant concentrations in the ambient air.
G. Nitrogen Oxides. It is the purpose of this
				Subsection to establish ambient air quality standards for the state for
				nitrogen oxides and to enumerate methods for measuring concentrations of
				nitrogen oxides in the ambient air.
H. Lead. The purpose of this Subsection is to
				maintain concentrations of lead in the ambient air at levels which will protect
				human health and safety, and to the greatest degree practicable, prevent injury
				or damage to plant and animal life and property.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 7 - Ambient Air Quality › Section III-703 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter is
				applicable to all sources of particulate matter, sulfur dioxide, carbon
				monoxide, atmospheric oxidants, nitrogen oxides, and lead.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 7 - Ambient Air Quality › Section III-705 - Standards

Current through Register Vol. 50, No. 6, June 20, 2024
A. The standards of
				ambient air quality listed in LAC 33:III.711.A, Table 1 and 711.B, Table 1a
				define the limits of air contamination by particulates and gases, above which
				limits the ambient air is hereby declared to be unacceptable and requires air
				pollution control measures. Until additional pertinent information becomes
				available through surveillance and research with respect to the effects of the
				air contaminants listed in LAC 33:III.711.A, Table 1 and 711.B, Table 1a, the
				air quality limits listed in LAC 33:III.711.A, Tables 1 and 711.B, Table 1a
				shall apply in Louisiana. The limits stated include normal background levels of
				particulates and gases.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 7 - Ambient Air Quality › Section III-707 - Degradation of Ambient Air Having Higher Quality than Set Forth in These Sections Restricted

Current through Register Vol. 50, No. 6, June 20, 2024
A. As
				of the effective date of these regulations all processes which currently result
				in higher ambient air quality than shown in LAC 33:III.711.A, Table 1 and
				711.B, Table 1a shall be maintained at the higher process quality level or
				better unless it can be affirmatively demonstrated to the administrative
				authority that a change in quality is justifiable.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 7 - Ambient Air Quality › Section III-709 - Measurement of Concentrations-PM10, PM2.5, Sulfur Dioxide, Carbon Monoxide, Atmospheric Oxidants, Nitrogen Oxides, and Lead

Current through Register Vol. 50, No. 6, June 20, 2024
A. PM10,
				PM2.5, sulfur dioxide, carbon monoxide, atmospheric
				oxidants, nitrogen oxides, and lead shall be measured by the methods listed in
				LAC 33:III.711.C, Table 2 or by such other equivalent methods approved by the
				department. The publications or their replacements listed in LAC 33:III.711.C,
				Table 2 are incorporated as part of these regulations by reference.
B. The sampling and analytical procedures
				employed and their numbers, duration and location of samples to be taken to
				measure ambient levels of air contaminants shall be consistent with obtaining
				accurate results which are statistically significant and representative of the
				conditions being evaluated.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 9 - General Regulations on Control of Emissions and Emission Standards › Section III-901 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. It is the
				purpose of these emission standards to set forth levels of air quality for the
				protection of public health and of public welfare from any known or anticipated
				adverse effects of air contaminants. These standards set forth a mechanism of
				achieving cleaner air and are not a permit for unnecessary degradation of air
				quality. Therefore, quality of emissions as of the effective date of these
				standards shall be maintained at the higher degree of quality unless it can be
				affirmatively demonstrated to the administrative authority that a change in
				quality is justifiable and will not be contrary to the purpose of these
				regulations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 9 - General Regulations on Control of Emissions and Emission Standards › Section III-903 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. The emission
				standards as presented below pertain to all sources emitting to the atmosphere
				of the state.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 9 - General Regulations on Control of Emissions and Emission Standards › Section III-905 - Control Facilities to be Installed When Feasible

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except as provided in Subsection B of this
				Section, to aid in controlling the overall levels of air contaminants into the
				atmosphere, air pollution control facilities should be installed whenever
				practically, economically, and technologically feasible. When facilities have
				been installed on a property, they shall be used and diligently maintained in
				proper working order whenever any emissions are being made which can be
				controlled by the facilities, even though the ambient air quality standards in
				affected areas are not exceeded.
B.
				Exemptions
1. The provisions of Subsection A
				of this Section shall not apply when the controls are installed to comply with
				a regulation that explicitly limits the required use of the controls to
				specific circumstances or times.
2
				The administrative authority may grant a written exemption to the owner or
				operator of the air pollution control facility.
a. An exemption may be granted when the air
				pollution control facility has been installed, but not operated solely to
				comply with:
i. a proposed federal or state
				regulation that has not been adopted and promulgated; or
ii. a final federal or state regulation that
				has been vacated and remanded by a court of proper jurisdiction and is no
				longer effective.
b. An
				exemption shall not authorize:
i. the
				noncompliance with any limit, standard, or requirement otherwise provided in a
				permit or other regulation; or
ii.
				a physical change or change in the method of operation of the facility that
				increases emissions.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 9 - General Regulations on Control of Emissions and Emission Standards › Section III-909 - Responsible Person to Have Test Made

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department may require any person
				responsible for the emission of air contaminants to make or have made tests to
				determine the emission of air contaminants from any source, whenever the
				department has reason to believe that an emission in excess of that allowed by
				these regulations is occurring. The department may specify testing methods to
				be used in accordance with good professional practice. The department may
				observe the testing. All tests shall be conducted by reputable, qualified
				personnel. The department shall be given a copy of the test results in writing
				and signed by the person responsible for the tests.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 9 - General Regulations on Control of Emissions and Emission Standards › Section III-911 - Department May Make Tests

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				department may conduct tests of emissions of air contaminants from any source.
				Upon request of the department the persons responsible for the source to be
				tested shall provide necessary sampling ports in stacks or ducts and such other
				safe and proper sampling and testing facilities, exclusive of instruments and
				sensing devices as may be necessary for proper determination of the emission of
				air contaminants.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 9 - General Regulations on Control of Emissions and Emission Standards › Section III-913 - New Sources to Provide Sampling Ports

Current through Register Vol. 50, No. 6, June 20, 2024
A. New sources shall provide necessary
				sampling ports in stacks or ducts and such other safe and proper sampling and
				testing facilities, exclusive of instruments and sensing devices as may be
				necessary for proper determination of the emission of air
				contaminants.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 9 - General Regulations on Control of Emissions and Emission Standards › Section III-915 - Emission Monitoring Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Applicability. Source categories listed in
				Appendix "P" to Title 40, Part 51, of the Code of Federal Regulations ( 40 CFR
				Part 51 ) are to install, calibrate, operate, and maintain all monitoring
				equipment necessary for continuously monitoring the pollutants specified in the
				aforementioned appendix for the applicable source category. Sources affected by
				this Subsection shall complete the installation and performance tests of such
				equipment and begin monitoring and recording within 18 months after the
				effective date of this regulation.
B. Minimum Monitoring System Capability,
				Specifications, Data Reporting, Data Reduction. Affected sources must meet at
				least the minimum requirements as set forth in  40 CFR Part 51, Appendix "P,"
				Paragraphs 2-5, unless such sources qualify for an exemption or alternative
				procedure contained therein.
C.
				Special Consideration. The administrative authority can approve, on a case by
				case basis, alternative monitoring requirements, different from those in LAC
				33:III.915.B above, if the original requirements cannot be implemented by a
				source due to physical plant limitations or extreme economic burden, or if the
				original requirements would not provide for accurate emission determination, or
				if the affected facility is infrequently operated. Such physical limitation or
				economic burden may be determined to exist only if the petitioner receives the
				concurrence from the administrative authority.
D. Exemptions. Exemption from the requirement
				of LAC 33:III.915.A is hereby granted to any source which is subject to a new
				source performance standard promulgated in  40 CFR Part 60  and also to any
				source which is on a firm schedule for retirement within five years of the date
				of application of the monitoring requirement.
E. Circumvention. No person shall cause or
				permit the installation or use of any device or any means which, without
				resulting in reduction in the total amount of air contaminants emitted,
				conceals or dilutes an emission of air contaminants which would otherwise
				violate these regulations.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 9 - General Regulations on Control of Emissions and Emission Standards › Section III-917 - Variances

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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 these
				regulations.
B. 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 9 - General Regulations on Control of Emissions and Emission Standards › Section III-918 - Nonattainment Areas and Adjoining Parishes List

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purposes of the emissions
				inventory requirements set forth in LAC 33:III.919, the parishes located in the
				nonattainment areas as of June 1, 2011, as well as the parishes that adjoin the
				nonattainment areas, are listed in Tables 1-6 in Subsection B of this Section.
				Any parish designated by the EPA as a nonattainment area after June 1, 2011, or
				adjoining a nonattainment area designated by EPA after June 1, 2011, may not be
				listed in Tables 1-6 in Subsection B of this Section, but a facility located in
				that parish is nevertheless subject to the requirements of LAC
				33:III.919.A.1.a. Any facility located in a parish listed as a nonattainment
				area in Tables 1-6 in Subsection B of this Section and is redesignated by EPA
				as an attainment area after June 1, 2011, or adjoins a nonattainment area
				redesignated by EPA as an attainment area after June 1, 2011, shall continue to
				be subject to the requirements of LAC 33:III.919.A.1.a until otherwise directed
				by the department.
B. The following
				tables list all of the parishes located in the nonattainment areas as of June
				1, 2011, as well as those parishes that adjoin the nonattainment areas.
Table 1
Carbon Monoxide (CO) Nonattainment Areas and
							 Adjoining Parishes
Parish Code
Nonattainment Parish(es)
None
Parish Code
Adjoining Parishes to Nonattainment Areas
None
Table 2
Lead (Pb) Nonattainment Areas and Adjoining Parishes
Parish Code
Nonattainment Parish(es)
None
Parish Code
Adjoining Parishes to Nonattainment Areas
None
Table 3
Nitrogen Dioxide (NO2)
							 Nonattainment Areas and Adjoining Parishes
Parish Code
Nonattainment Parish(es)
None
Parish Code
Adjoining Parishes to Nonattainment Areas
None
Table 4
Ozone Nonattainment Areas and Adjoining Parishes
Parish Code
Nonattainment Parish(es)
0180
Ascension
0840
East Baton Rouge
1280
Iberville
1740
Livingston
3120
West Baton Rouge
Parish Code
Adjoining Parishes to Nonattainment Areas
0200
Assumption
0880
East Feliciana
1260
Iberia
2260
Pointe Coupee
2540
Saint Helena
2560
Saint James
2580
Saint John the Baptist
2620
Saint Martin
2840
Tangipahoa
3160
West Feliciana
Table 5
Particulate Matter (PM10 or PM2.5) Nonattainment
							 Areas and Adjoining Parishes
Parish Code
Nonattainment Parish(es)
None
Parish Code
Adjoining Parishes to Nonattainment Areas
None
Table 6
Sulfur Dioxide (SO2)
							 Nonattainment Areas and Adjoining Parishes
Parish Code
Nonattainment Parish(es)
2500
St. Bernard
Parish Code
Adjoining Parishes to Nonattainment Areas
2140, 2240
Orleans and Plaquemines
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 9 - General Regulations on Control of Emissions and Emission Standards › Section III-919 - Emissions Inventory

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Applicability
1. The provisions of this
				Section apply to the owner or operator of any facility located in Louisiana
				that meets any of the following criteria at any time during a reporting year:
a. the facility is located in a nonattainment
				area or an adjoining parish as listed in LAC 33:III.918.B, Tables 1-6, and the
				facility emits, has the
potential to emit,
as defined in LAC
				33:III.502.A, or is permitted to emit a pollutant that meets or exceeds any
				threshold value listed in Tables 1-6, with the corresponding pollutant in the
				table name, of Paragraph A.2 of this Section;
b. the facility is located in an attainment
				parish and the facility emits, has the
potential to emit
as
				defined in LAC 33:III.502.A, or is permitted to emit a pollutant that meets or
				exceeds any threshold value listed in Table 7 in Paragraph A.2 of this
				Section;
c. the facility is defined
				as a major stationary source of hazardous air pollutants in Section 112(a)(1)
				of the federal Clean Air Act (CAA), or a
major source
of toxic
				air pollutants as defined in LAC 33:III.5103;
d. the facility has a  40 CFR Part 70  (Title
				V) operating permit regardless of emissions;
e. the facility has a portable source permit
				in accordance with LAC 33:III.513, operates at any time during a reporting year
				in a nonattainment area or an adjoining parish, and meets the applicability
				criteria of Subparagraph A.1.a of this Section; or
f. the facility is required by rule or permit
				to submit an emissions inventory.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 9 - General Regulations on Control of Emissions and Emission Standards › Section III-923 - Maintenance of Pay

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the case
				of any source which uses a supplemental, or intermittent control for the
				purpose of meeting the requirements of an order under Section 119(d), or
				Section 119 (relating to primary nonferrous smelter orders) of the Federal
				Clean Air Act, the owner or operator of such source may not temporarily reduce
				the pay of any employee by reason of the use of such supplemental or
				intermittent or other dispersion dependent control system.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2054.
Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 9 - General Regulations on Control of Emissions and Emission Standards › Section III-925 - Mass Emission Rate Control Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A. A facility may propose to the
				administrative authority a control plan for any pollutant that sets a mass
				emission rate equal to the sum of all sources within the facility or any
				combination of sources within the facility. The facility may control the
				emissions contained in the proposal any way it deems appropriate as long as the
				proposed mass emission rate is not violated. The facility will set emission
				rates for each proposed source within the facility that when accumulated will
				demonstrate compliance with the mass emission rate.
B. The administrative authority shall approve
				the use of the alternative emission reduction proposal if the facility can
				demonstrate that the proposal will not interfere with the attainment or
				maintenance of the ambient air quality standard for the pollutant for which the
				control plan is proposed.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2054.