Louisiana Administrative Code › Title 33 - ENVIRONMENTAL QUALITY › Part III - Air › Chapter 5 - Permit Procedures › Section III-504 - Nonattainment New Source Review (NNSR) Procedures and Offset Requirements in Specified Parishes

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Applicability. The provisions of this Section apply to the construction of any
				new
major stationary source
or to any
major
				modification
at a major stationary source, as defined herein, provided
				such source or modification will be located within a nonattainment area so
				designated in accordance with
				Section
				107 of the federal Clean Air
				Act, and will emit a regulated pollutant for which it is major and for which
				the area is designated nonattainment. If any provision of this Section, or the
				application of such provision to any person or circumstance, is held invalid,
				the remainder of this Section, or the application of such provision to persons
				or circumstances other than those as to which it is held invalid, shall not be
				affected thereby.
1. For an area that is
				designated nonattainment for the ozone national ambient air quality standard
				(NAAQS), VOC and NOx are the regulated pollutants under this Section. VOC and
				NO x emissions shall not be aggregated for purposes of determining major
				stationary source status and significant net emissions increases.
2. The potential to emit of a stationary
				source shall be compared to the major stationary source threshold values listed
				in Subsection L, Table 1 of this Section to determine whether the source is
				major.
3. The emissions increase
				that would result from a proposed modification shall be compared to the trigger
				values listed in Subsection L, Table 1 of this Section to determine whether a
				calculation of the net emissions increase over the contemporaneous period must
				be performed.
a.Actual-to-Projected-Actual
				Applicability Test for Projects That Only Involve Existing Emissions Units. The
				emissions increase of a regulated pollutant shall be calculated by summing the
				difference between the
projected actual emissions
, as defined
				in Subsection K of this Section, and the
baseline actual
				emissions
, as defined in Subsection K of this Section, specifically
				Subparagraphs a and b of the definition, for each existing emissions
				unit.
b. Actual-to-Potential Test
				for Projects That Only Involve Construction of New Emissions Units. The
				emissions increase of a regulated pollutant shall be calculated by summing the
				difference between the
potential to emit
, as defined in
				Subsection K of this Section, from each new emissions unit following completion
				of the project and the
baseline actual emissions
, as defined
				in Subsection K of this Section, specifically Subparagraph c of the definition,
				of these units before the project.
c. Reserved.
d. Hybrid Test for Projects That Involve
				Multiple Types of Emissions Units. The emissions increase of a regulated
				pollutant shall be calculated using the methods specified in Subparagraphs
				A.3.a-b of this Section, as applicable, with respect to each emissions unit,
				for each type of emissions unit.
4. The net emissions increase shall be
				compared to the significant net emissions increase values listed in Subsection
				L, Table 1 of this Section to determine whether a nonattainment new source
				review must be performed.
5.
				Reserved.
6. For any major
				stationary source with a plantwide applicability limit (PAL) for a regulated
				pollutant, the owner or operator shall comply with Subsection J of this
				Section.
7. For applications deemed
				administratively complete in accordance with LAC 33:III.519.A prior to December
				20, 2001, the requirements of this Section shall not apply to NOX increases;
				furthermore, the 1.40 to 1 VOC internal offset ratio for serious ozone
				nonattainment areas shall not apply. In such situations, a 1.30 to 1 internal
				offset ratio shall apply to VOC if lowest achievable emission rate (LAER) is
				not utilized.
8. For applications
				deemed administratively complete in accordance with LAC 33:III.519.A on or
				after December 20, 2001 and prior to June 23, 2003, and for which the
				nonattainment new source review (NNSR) permit was issued in accordance with
				Subsection D of this Section on or before June 14, 2005, the provisions of this
				Section governing serious ozone nonattainment areas applied to VOC and NOx
				increases. For applications deemed administratively complete in accordance with
				LAC 33:III.519.A on or after June 23, 2003, and for which the NNSR permit was
				issued in accordance with Subsection D of this Section on or before June 14,
				2005, the provisions of this Section governing severe ozone nonattainment areas
				applied to VOC and NOx increases.