Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 51 - Comprehensive Toxic Air Pollutant Emission Control Program › Subchapter A - Applicability, Definitions, and General Provisions › Section III-5111 - Permit Requirements, Application, and Review

Current through Register Vol. 50, No. 6, June 20, 2024
A. Major Source Permit Requirements. Before
				  commencement of the construction of any new source or any modification that
				  will result in an increase in emissions of any toxic air pollutant or will
				  create a new point source that emits a toxic air pollutant, the owner or
				  operator of such source shall obtain a Louisiana air permit in accordance with
				  LAC 33:III.501 and Subsection B of this Section and in accordance with LAC
				  33:I.1701.
B. Contents of
				  Application for a Louisiana Air Permit
1. An
				  owner or operator may submit to the Office of Environmental Services, by
				  certified mail, a written request for a determination of whether actions
				  intended to be taken by the owner or operator constitute construction or
				  modification, or the commencement thereof, of a stationary source. The
				  administrative authority will notify the owner or operator of the determination
				  within 30 days after receiving sufficient information to evaluate the
				  request.
2. Each application for a
				  permit to construct a new major source shall include the following:
a. the name and address of the
				  applicant;
b. the location or
				  proposed location of the source;
c.
				  technical information describing the proposed nature, size, design, operating
				  design capacity, and method of operation of the source, including a description
				  of intended controls and monitoring procedures. Such technical information
				  shall include estimation of emissions prior to and after installation of
				  emission control equipment or adoption of control measures, calculations of
				  emission estimates in sufficient detail to allow assessment of the validity of
				  the calculations, and documentation of methods or sources of information used
				  in these determinations. Emissions of toxic air pollutants shall be speciated
				  to identify each toxic air pollutant emitted from each emission point at the
				  source and to identify fugitive emissions of toxic air pollutants.
3. Each application for a permit
				  to modify an existing major source facility shall include, in addition to the
				  information required in Paragraph B.2 of this Section, the following
				  information:
a. the precise nature of the
				  proposed changes;
b. the productive
				  capacity of the source before and after the changes are complete;
c. calculations of estimates of emissions
				  before and after the changes are completed, in sufficient detail to allow
				  assessment of the validity of the calculations;
d. for sources that have been operating in
				  Louisiana for a period of at least five years, a listing of all violations of
				  Louisiana air quality laws or regulations for which the owner or operator is
				  responsible, including all violations for which a compliance schedule has been
				  established and which have been cited in administrative enforcement actions by
				  the department, and for which all rights of review and appeal have been
				  exhausted. Applicants under a compliance schedule shall also demonstrate that
				  they have made satisfactory progress in meeting the conditions of the
				  compliance schedule. Applicants shall also provide a listing of all
				  administrative or judicial actions taken against the owner or operator within
				  the last five years under Louisiana environmental laws or regulations,
				  including emergency cease and desist orders, notices of violation, compliance
				  orders, penalty notices, or other administrative orders and any administrative
				  or judicial proceedings that could result in such actions, and any other
				  compliance history information requested by the administrative
				  authority;
e. for sources that have
				  not been operating in Louisiana for at least five years, a listing of all
				  enforcement actions taken against the owner or operator for violations of
				  United States federal or state environmental laws or regulations, and any other
				  compliance history information requested by the administrative
				  authority.
4. Any
				  application corresponding to a major source that emits or is permitted to emit
				  any Class I or Class II toxic air pollutant shall include a description of all
				  federal standards (i.e., any standards promulgated by the US EPA in 40 CFR Part
				  63) and compliance methods applicable to units being permitted.
5. The department may request a dispersion
				  modeling report demonstrating compliance with the ambient air standard
				  developed by the owner or operator in accordance with the department's air
				  toxics modeling procedures.
6. The
				  owner or operator shall provide such other pertinent information as may be
				  necessary for a complete understanding of the application that is being
				  reviewed.