Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 5 - Permit Procedures › Section III-537 - Louisiana General Conditions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Louisiana general conditions listed in
				the table in this Section (numbered as historically designated in a permit)
				apply to each source that requires an air permit according to LAC 33:III.501
				upon issuance of the initial air permit for the source and shall continue to
				apply until such time as the permit is terminated or rescinded. These Louisiana
				general conditions shall supersede any previous versions of such conditions
				contained in air permits.
Table 1. Louisiana Air Emission Permit General
							 Conditions
I. Permits are issued on the basis of the emissions
							 reported in the application for approval of emissions and in no way guarantee
							 that the design scheme presented will be capable of limiting the emissions to
							 the type and quantities stated. Failure to install, properly operate, and/or
							 maintain all proposed control measures and/or equipment as specified in the
							 application and supplemental information shall be considered a violation of the
							 permit and LAC 33:III.501. If the emissions are determined to be greater than
							 those allowed by the permit (e.g., during the shakedown period for new or
							 modified equipment, during a performance test, or during testing conducted for
							 any other purpose) or if proposed control measures and/or equipment are not
							 installed or do not perform according to design efficiency, an application to
							 modify the permit must be submitted no later than 90 days after the permittee
							 receives the final test results. Discovery of excess emissions does not
							 necessarily compel the permittee to suspend operations of the subject emissions
							 unit(s), provided the excess emissions do not cause an
emergency
							 condition,
as defined in LAC 33:I.3905.A and the permittee reports the
							 excess emissions in accordance with LAC 33:I. Chapter 39, Part 70 General
							 Condition R of LAC 33:III.535, Louisiana General Condition XI of LAC
							 33:III.537, LAC 33:III.919, and LAC 33:III.5107, as applicable. Noncompliance
							 with any term or condition of the permit shall constitute a violation of LAC
							 33:III.501 and shall be grounds for enforcement action. All terms and
							 conditions of the permit shall remain in effect unless and until revised by the
							 permitting authority.
II. The permittee is subject to all applicable
							 provisions of the Louisiana Environmental Quality Act (the EQA,
							 R.S.
							 30:2001 et seq.) and the Louisiana air
							 quality regulations. Violation of any of the terms and conditions of the permit
							 constitutes a violation of the EQA.
III. The Emission Rates for Criteria Pollutants,
							 Emission Rates for TAP/HAP and Other Pollutants, and Specific Requirements
							 sections of the permit establish the emission limitations and are a part of the
							 permit. Any operating limitations are noted in the Specific Requirements of the
							 permit.
IV. A permit issued in advance of commencement of
							 construction shall become invalid, for the sources not constructed, if:
A. construction is not commenced, or binding
							 agreements or contractual obligations to undertake a program of construction of
							 the project are not entered into, within two years (18 months for PSD permits)
							 after issuance of the permit; or
B. construction is discontinued for a period of two
							 years (18 months for PSD permits) or more.
The permitting authority may extend this time period
							 upon a satisfactory showing that an extension is justified.
This provision does not apply to the time period
							 between construction of the approved phases of a phased construction project.
							 However, each phase must commence construction within two years (18 months for
							 PSD permits) of its projected and approved commencement date.
V. Reserved.
VI. The permittee shall notify the Department of
							 Environmental Quality, Office of Environmental Services, of construction
							 completion, within ten calendar days from the date that construction is
							 complete, and provide the estimated date of start-up of operation. The
							 appropriate Regional Office shall also be so notified within the same time
							 frame.
VII. Any emissions testing performed for purposes of
							 demonstrating compliance with the limitations set forth in Louisiana General
							 Condition III shall be conducted in accordance with the methods described in
							 the Specific Requirements of the permit. Any deviation from or modification of
							 the methods used for testing shall have prior approval from the Office of
							 Environmental Services.
VIII. The emission testing described in Louisiana
							 General Condition VII, or established in the Specific Requirements of the
							 permit, shall be conducted within 60 days after achieving normal production
							 rate or after the end of the shakedown period, but in no event later than 180
							 days after initial start-up (or restart-up after modification). The Office of
							 Environmental Services shall be notified at least 30 days prior to testing and
							 shall be given the opportunity to conduct a pretest meeting and observe the
							 emission testing. The test results shall be submitted to the Office of
							 Environmental Services within 60 days after the completion of testing. As
							 required by LAC 33:III.913, the permittee shall provide necessary sampling
							 ports in stacks or ducts and such other safe and proper sampling and testing
							 facilities as are necessary for proper determination of the emission limits.
IX. The permittee shall, within 180 days after
							 start-up and shakedown of each project or unit, report to the Office of
							 Environmental Compliance any significant difference in operating emission rates
							 as compared to those limitations specified in Louisiana General Condition III.
							 This report shall also include, but not be limited to, malfunctions and upsets.
							 A request for permit modification shall be submitted, if necessary, as required
							 in Louisiana General Condition I.
X. The permittee shall retain records of all
							 information resulting from monitoring activities and information indicating
							 operating parameters as specified in the specific conditions of the permit for
							 a minimum of at least five years.
XI. If for any reason the permittee does not comply
							 with, or will not be able to comply with, the emission limitations specified in
							 the permit, the permittee shall provide the Office of Environmental Compliance
							 with a written report as specified below.
A. A written report shall be submitted within seven
							 days of any emission in excess of permit requirements by an amount greater than
							 the reportable quantity established for that pollutant in LAC 33.I.Chapter 39.
B. A written report shall be submitted for any
							 emission in excess of permit emission limitations, regardless of the amount,
							 where such emission occurs over a period of seven days or longer. The report
							 shall be submitted no later than 14 days from the initial occurrence of the
							 release event.
C. A written report shall be submitted semiannually
							 to address all emission limitation exceedances not included in Paragraph A or B
							 of Louisiana General Condition XI. The semiannual report shall be submitted by
							 March 31 for the preceding period encompassing July through December, and by
							 September 30 for the preceding period encompassing January through June.
D. Each report submitted in accordance with this
							 Condition shall contain the following information:
1. a description of noncomplying emissions;
2. the cause of noncompliance;
3. the anticipated time the noncompliance is
							 expected to continue or, if it has been corrected, the duration of the period
							 of noncompliance;
4. the steps taken by the permittee to reduce and
							 eliminate the noncomplying emissions; and
5. the steps taken by the permittee to prevent
							 recurrences of the noncomplying emissions.
E. Any written report submitted in advance of the
							 time frames specified in Paragraphs A-C of Louisiana General Condition XI, in
							 accordance with an applicable regulation, may serve to meet the reporting
							 requirements of this Condition provided all information specified in Paragraph
							 D of Louisiana General Condition XI is included. For Part 70 sources, reports
							 submitted in accordance with Part 70 General Condition R set forth in LAC
							 33:III.535.A shall serve to meet the requirements of this Condition provided
							 all specified information is included. Reporting under this Condition does not
							 relieve the permittee from the reporting requirements of any applicable
							 regulation, including LAC 33.I.Chapter 39, LAC 33.III.Chapter 9, and LAC
							 33.III.5107.
XII. The permittee shall allow the authorized
							 officers and employees of the Department of Environmental Quality, at all
							 reasonable times and upon presentation of identification, to:
A. enter upon the permittee's premises where
							 regulated facilities are located, where regulated activities are conducted, or
							 where records required under the permit are kept;
B. have access to and copy any records that are
							 required to be kept under the terms and conditions of the permit, the Louisiana
							 Environmental Quality Act, or the federal Clean Air Act;
C. inspect any facilities, equipment (including
							 inspections of monitoring methods and operation and maintenance inspections),
							 or operations regulated under the permit; and
D. sample or monitor, for the purpose of assuring
							 compliance with the permit or as otherwise authorized by the Clean Air Act or
							 regulations adopted thereunder, any substances or parameters at any location.
XIII. If samples are taken under Louisiana General
							 Condition XII, the officer or employee obtaining such samples shall give the
							 owner, operator, or agent in charge a receipt describing the samples obtained.
							 If requested to do so prior to leaving the premises, the officer or employee
							 shall give a portion of each sample equal in volume or weight to the portion
							 retained to the owner, operator, or agent in charge. If an analysis is made of
							 such samples, a copy of the analysis shall be furnished promptly to the owner,
							 operator, or agent in charge.
XIV. The permittee shall allow authorized officers
							 and employees of the Department of Environmental Quality, upon presentation of
							 identification, to enter upon the permittee's premises to investigate potential
							 or alleged violations of the Clean Air Act or the regulations adopted
							 thereunder. In such investigations, the permittee shall be notified at the time
							 entrance is requested of the nature of the suspected violation. Inspections
							 under this Condition shall be limited to the aspects of alleged violations.
							 However, this shall not in any way preclude prosecution of all violations
							 found.
XV. Reserved.
XVI. In the event of any change in ownership of the
							 source described in the permit, the permittee and the succeeding owner shall
							 notify the Office of Environmental Services in accordance with LAC 33:I.Chapter
							 19.
XVII. Very small emissions to the air, resulting
							 from routine operations, that are predictable, expected, periodic, and
							 quantifiable and that are submitted by the permitted facility to, and approved
							 by, the Office of Environmental Services are considered authorized discharges.
							 Approved activities are noted in the Louisiana General Condition XVII
							 Activities List of the permit. To be approved as an authorized discharge, such
							 very small releases must:
1. generally be less than 5 TPY of criteria and
							 toxic air pollutants;
2. be less than the minimum emission rate (MER);
3. be regularly scheduled (e.g., daily, weekly,
							 monthly, etc.); or
4. be necessary prior to plant start-up or after
							 shutdown (line or compressor pressuring/depressuring, for example).
This Condition does not authorize the maintenance of
							 a nuisance, or a danger to public health and safety. The permitted facility
							 must comply with all applicable requirements, including release reporting
							 requirements in LAC 33:I.Chapter 39.
XVIII. Provisions of the permit may be appealed to
							 the secretary in writing pursuant to
							 R.S.
							 30:2024(A) and LAC
							 33:I.Chapter 4 within 30 days from notice of the permit action.
XIX. If any Part 70 General Condition conflicts with
							 any Louisiana General Condition, then the Part 70 General Condition controls.
							 If any Part 70 General Condition duplicates any Louisiana General Condition,
							 then the Part 70 and Louisiana provisions shall be enforced as one Condition.
XX. Associated with each Specific Requirement in the
							 permit shall be a citation of a federal or state regulation upon which the
							 authority to include that Specific Requirement is based. In the event of a
							 discrepancy between an applicable federal or state regulation and the
							 corresponding permit Specific Requirement, the federal or state regulation
							 shall prevail. If an applicable federal or state regulation is modified during
							 the term of this permit such that it conflicts with the corresponding permit
							 Specific Requirement, the modified regulation shall prevail, and the permittee
							 shall comply with the modified regulation by any compliance dates established
							 in the modified regulation.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2011, 2023, 2024, and
				  2054.