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
Universal Citation: LA Admin Code III-504
Current through Register Vol. 50, No. 9, September 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.
B. Source Obligation
1. The requirements of this Section shall
apply as though construction had not yet commenced at the time that a source or
modification becomes a major source or major modification solely due to a
relaxation in any enforceable limitation established after August 7,
1980.
2. The issuance of a permit
by the department shall not relieve any owner or operator of the responsibility
to comply with the provisions of the Louisiana Air Control Law, any applicable
regulations of the department, and any other requirements under local, state,
or federal law.
3. Approval to
construct shall become invalid if construction is not commenced within 18
months after receipt of such approval, if construction is discontinued for a
period of 18 months or more, or if construction is not completed within a
reasonable time. For a phased construction project, each phase must commence
construction within 18 months of the projected and approved commencement date.
The administrative authority may extend the 18-month period upon a satisfactory
showing that an extension is justified.
4. For phased construction projects, the
determination of the lowest achievable emission rate (LAER) shall be reviewed
and modified as appropriate at the latest reasonable time but no later than 18
months prior to commencement of construction of each independent phase of the
project. At such time, the owner or operator of the applicable stationary
source may be required to demonstrate the adequacy of any previous
determination of the LAER.
5. If
the owner or operator, who previously had been issued a permit under this
regulation, applies for an extension as provided for under Paragraph B.3 of
this Section, and the new proposed date of construction is greater than 18
months from the date that the permit would become invalid, the determination of
the LAER shall be reviewed and modified as appropriate before such an extension
is granted. At such time, the owner or operator may be required to demonstrate
the adequacy of any previous determination of the LAER. shall be reviewed and
modified as appropriate before such an extension is granted. At such time, the
owner or operator may be required to demonstrate the adequacy of any previous
determination of the LAER.
C. Source Information. The owner or operator of a proposed major stationary source or major modification shall submit all information necessary to the Office of Environmental Services in order to perform any analysis or make any determination required under this regulation. Information shall include, but is not limited to:
1. a description of the nature, location,
design capacity, and typical operating schedule of the major stationary source
or major modification, including specifications and drawings showing the design
and plant layout;
2. a detailed
schedule for construction of the major stationary source or major modification;
and
3. a detailed description of
the planned system of emission controls to be implemented, emission estimates,
and other information necessary to demonstrate that the LAER or any other
applicable limitation will be maintained.
D. Nonattainment New Source Review Source Requirements. Prior to constructing any new major stationary source or major modification a permit shall be obtained from the Louisiana Department of Environmental Quality in accordance with the requirements of this Section. In order for a permit to be granted, all of the following conditions shall be met.
1. All existing major stationary sources
owned or operated by the applicant (or any entity controlling, controlled by,
or under common control with the applicant) in this state shall be in
compliance with all applicable state and federal emission limitations and
standards, the Federal Clean Air Act, and all conditions in a state or
federally enforceable permit, or be on schedules for compliance. For purposes
of meeting this condition, the applicant shall provide a list of all major
sources it owns and operates within the state and certify that all such sources
are in compliance with all applicable state and federal emission limitations
and standards, the Federal Clean Air Act, and all conditions in a state or
federally enforceable permit, or are on schedules for compliance.
2. The major stationary source or major
modification shall be designed such that the LAER will be met and maintained
for each pollutant emitted which is subject to this regulation. The LAER must
be applied to each new emissions unit and to each existing emissions unit at
which an emissions increase will occur as the result of the proposed
modification.
3. Notwithstanding
Paragraph D.2 of this Section, in the case of any major stationary source
located in an area classified as serious or severe, if the owner or operator of
the source elects to offset the emissions increase by a reduction in emissions
of VOC or NOx, as specified in Paragraph F.1 of this Section, from other
operations, units, or activities within the source at an internal offset ratio
of at least 1.40 to 1 (if reviewed under requirements for serious areas) or
1.50 to 1 (if reviewed under requirements for severe areas), then the
requirements for LAER shall not apply.
4. For any new major stationary source or
major modification in accordance with this Section, it shall be assured that
the total tonnage of the emissions increase that would result from the proposed
construction or modification shall be offset by an equal or greater reduction
as applicable, in the actual emissions of the regulated pollutant from the same
or other sources in accordance with Paragraph F.9 of this Section. The total
tonnage of increased emissions, in tons per year, shall be determined by
summing the difference between the allowable emissions after the modification
and the actual emissions before the modification for each emissions unit. A
higher level of offset reduction may be required in order to demonstrate that a
net air quality benefit will occur.
5. Emission offsets shall provide net air
quality benefit, in accordance with offset ratios listed in Subsection L, Table
1 of this Section, in the area where the NAAQS for that pollutant is
violated.
6. The proposed major
stationary source or major modification will meet all applicable emission
requirements in the Louisiana State Implementation Plan (SIP), any applicable
new source performance standard in 40 CFR Part 60, and any national emission
standard for hazardous air pollutants in 40 CFR Part 61 or Part 63.
7. As a condition for issuing a permit to
construct a major stationary source or major modification in a nonattainment
area, the public record must contain an analysis, provided by the applicant, of
alternate sites, sizes, production processes, and environmental control
techniques and demonstrate that the benefits of locating the source in a
nonattainment area significantly outweigh the environmental and social costs
imposed.
8. The administrative
authority shall allow a source to offset, by alternative or innovative means,
emission increases from rocket engine and motor firing, and cleaning related to
such firing, at an existing or modified major source that tests rocket engines
or motors under the following conditions.
a.
Any modification proposed is solely for the purpose of expanding the testing of
rocket engines or motors at an existing source that is permitted to test such
engines on the date of enactment of this Subsection.
b. The source demonstrates to the
satisfaction of the administrative authority that it has used all reasonable
means to obtain and utilize offsets, as determined on an annual basis, for the
emissions increases beyond allowable levels, that all available offsets are
being used, and that sufficient offsets are not available to the source.
c. The source has obtained a
written finding from the Department of Defense, Department of Transportation,
National Aeronautics and Space Administration, or other appropriate federal
agency, that the testing of rocket motors or engines at the facility is
required for a program essential to the national security.
d. The source will comply with an alternative
measure, imposed by the administrative authority, designed to offset any
emission increases beyond permitted levels not directly offset by the source.
In lieu of imposing any alternative offset measures, the administrative
authority may impose an emissions fee to be paid to such authority of a state
which shall be an amount no greater than 1.5 times the average cost of
stationary source control measures adopted in that area during the previous
three years. The administrative authority shall utilize the fees in a manner
that maximizes the emission reductions in that area.
9. For existing emissions units at a major
stationary source, other than projects at a source with a PAL, in circumstances
where there is a reasonable possibility that a project that is not a part of a
major modification may result in a significant emissions increase and the owner
or operator elects to use, for the purpose of calculating projected actual
emissions, the method specified in Subparagraphs K.Projected Actual
Emissions.a-c of this Section, the following shall apply.
a. Before beginning actual construction of
the project, the owner or operator shall document and maintain a record of the
following information:
i. a description of the
project;
ii. identification of the
emissions units whose emissions of a regulated pollutant could be affected by
the project; and
iii. a description
of the applicability test used to determine that the project is not a major
modification for any regulated pollutant, including the baseline actual
emissions, the projected actual emissions, the amount of emissions excluded
under Subparagraph K.Projected Actual Emissions.c of this
Section (i.e., demand growth) and an explanation for why such amount was
excluded, and any netting calculations, if applicable.
b. If the emissions unit is an existing
electric utility steam generating unit, before beginning actual construction,
the owner or operator shall provide a copy of the information set out in
Subparagraph D.9.a of this Section to the administrative authority.
c. The owner or operator shall monitor the
emissions of any regulated pollutant that could increase as a result of the
project and that is emitted by any emissions unit identified in Clause D.9.a.ii
of this Section, and calculate and maintain a record of the annual emissions,
in tons per year on a calendar year basis, for a period of five years following
resumption of regular operations after the change, or for a period of 10 years
following resumption of regular operations after the change if the project
increases the design capacity or potential to emit of that regulated pollutant
at such emissions unit.
d. If the
unit is an existing electric utility steam generating unit, the owner or
operator shall submit a report to the administrative authority within 60 days
after the end of each year during which records must be generated under
Subparagraph D.9.c of this Section setting out the unit's annual emissions
during the year that preceded submission of the report.
e. If the unit is an existing unit other than
an electric utility steam generating unit, the owner or operator shall submit a
report to the administrative authority if the annual emissions, in tons per
year, from the project identified in Subparagraph D.9.a of this Section, exceed
the baseline actual emissions, as documented and maintained in accordance with
Clause D.9.a.iii of this Section, by a significant amount, as
defined in Subsection K of this Section, for that regulated pollutant, and if
such emissions differ from the preconstruction projection as documented and
maintained in accordance with Clause D.9.a.iii of this Section. Such report
shall be submitted to the administrative authority within 60 days after the end
of such year. The report shall contain the following:
i. the name, address, and telephone number of
the major stationary source;
ii.
the annual emissions as calculated in accordance with Subparagraph D.9.c of
this Section; and
iii. any other
information that the owner or operator wishes to include in the report (e.g.,
an explanation as to why the emissions differ from the preconstruction
projection).
10. The owner or operator of the source shall
make the information required to be documented and maintained in accordance
with Paragraph D.9 of this Section available for review upon a request for
inspection by the administrative authority or the general public in accordance
with the requirements contained in
40 CFR
70.4(b)(3)(viii).
11. For a project originally determined not
to result in a significant net emissions increase, if an owner or operator
subsequently reevaluates projected actual emissions and determines that the
project has resulted or will now result in a significant net emis sions
increase, the owner or operator must either:
a. request that the administrative authority
limit the potential to emit of the affected emissions units (including those
used in netting) as appropriate via federally enforceable conditions such that
a significant net emissions increase will no longer result; or
b. submit a revised permit application within
180 days requesting that the original project be deemed a major
modification.
E. Additional Requirements for Sources Impacting Mandatory Federal Class I Areas
1.
The department shall transmit to the administrator and any affected federal
land manager a copy of each permit application and any information relevant to
any proposed major stationary source or major modification which may have an
impact on vis ibility in any mandatory federal Class I area. Relevant
information will include an analysis of the proposed source's anticipated
impacts on visibility in the federal Class I area. The application shall be
transmitted within 30 days of receipt by the department and at least 60 days
prior to any public hearing on the application. Additionally, the department
shall notify any affected federal land manager within 30 days from the date the
department receives a request for a pre-application meeting from a proposed
source subject to this regulation. The department shall consult with the
affected federal land manager prior to making a determination of completeness
for any such permit application. The department shall also provide the federal
land manager and the administrator with a copy of the preliminary determination
on the permit application and shall make available to them any materials used
in making that determination.
2.
The owner or operator of any proposed major stationary source or major
modification which may have an impact on visibility in a mandatory federal
Class I area shall include in the permit application an analysis of the
anticipated impacts on visibility in such areas.
3. The department may require monitoring of
visibility in any mandatory federal Class I area where the department
determines an adverse impact on visibility may occur due to the operations of
the proposed new major stationary source or major modification. Such monitoring
shall be conducted following procedures approved by the department and subject
to the following conditions:
a. visibility
monitoring methods specified by the department shall be reasonably available
and not require any research and development; and
b. both preconstruction and post-construction
visibility monitoring may be required. In each case, the duration of such
monitoring shall not exceed one year.
4. The department shall consider any analysis
with respect to visibility impacts provided by the federal land manager if it
is received within 30 days from the date a complete application is given to the
federal land manager. In any case where the department disagrees with the
federal land managers analysis, the department shall either explain its
decision to the federal land manager or give notice as to where the explanation
can be obtained. In the case where the department disagrees with the federal
land managers analysis, the department will also explain its decision or give
notice to the public by means of a notice published on the departments website
as to where the decision can be obtained.
5. In making its determination as to whether
or not to issue a permit, the department shall ensure that the source's
emissions will be consistent with making progress toward the national
visibility goal of preventing any future impairment of visibility in mandatory
federal Class I areas. The department may take into account the costs of
compliance, the time necessary for compliance, the energy and non-air-quality
environmental impacts of compliance, and the useful life of the source.
F. Emission Offsets. All emission offsets approved by the department shall be surplus, permanent, quantifiable, and enforceable in accordance with LAC 33:III.Chapter 6 and shall meet the following criteria.
1. Offsets shall
be required at the ratio specified in Subsection L, Table 1 of this Section
unless a higher ratio is required to justify substitution of a precursor
pollutant as described in Subparagraphs F.2.a and b of this Section.
2. All emission reductions claimed as offset
credit shall be from decreases of the same regulated pollutant or pollutant
class (e.g., VOC) for which the offset is required, except that:
a. direct PM2.5 emissions or emissions of
PM2.5 precursors may be offset by reductions in direct PM2.5 emissions or
emissions of any PM2.5 precursor, if such offsets comply with the
interprecursor trading hierarchy and ratio established in the approved SIP for
a particular nonattainment area; and
b. one ozone precursor (NOx and VOC) may be
substituted for another at the ratio dictated by photochemical modeling,
subject to approval of the department and the U.S. Environmental Protection
Agency. This ratio shall be no less stringent than as specified in Subsection
L, Table 1 of this Section.
3. All emission reductions claimed as offset
credit shall be federally enforceable prior to commencement of construction of
the proposed new source or major modification. All emission reductions claimed
as offset credit shall occur prior to or concurrent with the start of operation
of the proposed major stationary source.
4. Emission reductions claimed as offset
credit shall be sufficient to ensure Reasonable Further Progress (RFP), as
determined by the administrative authority.
5. Offset credit for any emission reduction
can be claimed only to the extent that the department or the United States
Environmental Protection Agency (USEPA) has not relied on it in previously
issuing any permit or in demonstrating attainment or reasonable further
progress.
6. The emission limit for
determining emission offset credit involving an existing fuel combustion source
shall be the most stringent emission standard which is allowable under the
applicable regulation for this major stationary source for the type of fuel
being burned at the time the permit application is filed. If the existing
source commits to switch to a cleaner fuel, emission offset credit based on the
difference between the allowable NOx or VOC emissions of the fuels involved
shall be acceptable only if an alternative control measure, which would achieve
the same degree of emission reductions should the source switch back to a fuel
which produces more pollution, is specified in a permit issued by the
department.
7. The owner or
operator desiring to utilize emission reductions as an offset shall submit to
the Office of Environmental Services the following information:
a. a detailed description of the process to
be controlled and the control technology to be used;
b. emission calculations showing the types
and amounts of actual emissions to be reduced; and
c. the effective date of the
reduction.
8. Emissions
reductions achieved by shutting down an existing emissions unit or curtailing
production or operating hours below baseline levels may be generally credited
if such reductions are surplus, permanent, quantifiable, and federally
enforceable, and if:
a. the shutdown or
curtailment occurred after the last day of the base year for the SIP planning
process. For purposes of this Subparagraph, the administrative authority may
choose to consider a prior shutdown or curtailment to have occurred after the
last day of the base year if the projected emissions inventory used to develop
the attainment demonstration explicitly includes the emissions from such
previously shutdown or curtailed emissions unit (However, in no event may
credit be given for shutdowns that occurred before August 7, 1977.);
b. the shutdown or curtailment occurred on or
after the date the permit application or application for emis sion reduction
credits (ERCs) was filed; or
c. the
applicant can establish that the proposed new emissions unit is a replacement
for the shutdown or curtailed emissions unit.
9. Emission offsets shall be obtained from
the same source in the case of internal offsets provided in accordance with
Paragraph D.3 of this Section. In all other cases emission offsets shall be
obtained from the same source or other sources in the same nonattainment area,
except that such emission reductions may be obtained from a source in another
nonattainment area if:
a. the other area has
an equal or higher nonattainment classification than the area in which the
major stationary source is located; and
b. emissions from such other area contribute
to a violation of the national ambient air quality standard in the
nonattainment area in which the proposed new or modified major stationary
source would construct.
10. Emission reductions otherwise required by
the Federal Clean Air Act or by state regulations shall not be credited for
purposes of satisfying the offset requirement. Incidental emission reductions
which are not otherwise required by the act or by state regulations may be
creditable as offsets.
G . Reserved.
H. Reserved.
I. Reserved.
J. Actuals PALs
1.Applicability
a. The administrative authority may approve
the use of an actuals PAL for any existing major stationary source, except as
provided in Subparagraph J.1.b of this Section, if the PAL meets the
requirements of this Subsection. The term "PAL" shall mean "actuals PAL"
throughout this Subsection.
b. The
administrative authority shall not allow an actuals PAL for VOC or NOX for any
major stationary source located in an extreme ozone nonattainment
area.
c. Any physical change in or
change in the method of operation of a major stationary source that maintains
its total source-wide emissions below the PAL level, meets the requirements of
this Subsection, and complies with the PAL permit:
i. is not a major modification for the PAL
pollutant;
ii. does not have to be
approved through this Section; and
iii. is not subject to the provisions in
Paragraph B.1 of this Section (restrictions on relaxing enforceable emission
limitations that the major stationary source used to avoid applicability of the
nonattainment major NSR program).
d. Except as provided under Clause J.1.c.iii
of this Section, a major stationary source shall continue to comply with all
applicable federal or state requirements, emission limitations, and work
practice requirements that were established prior to the effective date of the
PAL.
2. Definitions. For
purposes of this Subsection, the terms below shall have the meaning herein as
follows. When a term is not defined in this Paragraph, it shall have the
meaning given in Subsection K of this Section or in the Clean Air Act.
a.
Actuals PAL- a PAL based
on the baseline actual emissions, as defined in Subsection K
of this Section, of all emissions units, as defined in
Subsection K of this Section, at the source that emit or have the potential to
emit the PAL pollutant.
b.
Allowable Emissions- as defined in Subsection K of this
Section, except with the following modifications.
i. The allowable emissions for any emissions
unit shall be calculated considering any emission limitations that are
enforceable as a practical matter on the emissions unit's potential to
emit.
ii. An emissions unit's
potential to emit shall be determined using the definition in Subsection K of
this Section, except that the words "or enforceable as a practical matter"
should be added after "federally enforceable."
c.
Major Emissions Unit-
i. any emissions unit that emits or has the
potential to emit 100 tons per year or more of the PAL pollutant in an
attainment area; or
ii. any
emissions unit that emits or has the potential to emit the PAL pollutant in an
amount that is equal to or greater than the appropriate major stationary source
threshold value listed in Subsection L, Table 1 of this Section for the PAL
pollutant.
d.
Plantwide Applicability Limitation (PAL)- an emission
limitation expressed in tons per year, for a pollutant at a major stationary
source, that is enforceable as a practical matter and established source-wide
in accordance with this Subsection.
e.
PAL Effective Date-
generally the date of issuance of the PAL permit. However, the PAL effective
date for an increased PAL is the date any emissions unit that is part of the
PAL major modification becomes operational and begins to emit the PAL
pollutant.
f.
PAL Effective
Period- the period beginning with the PAL effective date and ending 10
years later.
g.
PAL Major
Modification- notwithstanding the definitions for major
modification and net emissions increase in Subsection
K of this Section, any physical change in or change in the method of operation
of the PAL source that causes it to emit the PAL pollutant at a level equal to
or greater than the PAL.
h.
PAL Permit-the major NSR permit, the minor NSR permit, or the
state operating permit under a program that is approved into the State
Implementation Plan or the Title V permit issued by the administrative
authority that establishes a PAL for a major stationary source.
i.
PAL Pollutant-the
pollutant for which a PAL is established at a major stationary
source.
j.
Significant
Emissions Unit-an emissions unit that emits or has the potential to
emit a PAL pollutant in an amount that is equal to or greater than the
significant level, as defined in Subsection K of this Section
or in the Clean Air Act, whichever is lower, for that PAL pollutant, but less
than the amount that would qualify the unit as a major emissions
unit as defined in Subparagraph J.2.c of this Section.
k.
Small Emissions Unit- an
emissions unit that emits or has the potential to emit the PAL pollutant in an
amount less than the significant level for that PAL pollutant,
as defined in Subsection K of this Section or in the Clean Air Act, whichever
is lower.
3. Permit
Application Requirements. As part of a permit application requesting a PAL, the
owner or operator of a major stationary source shall submit the following
information to the administrative authority for approval:
a. a list of all emissions units at the
source designated as small, significant, or major based on their potential to
emit. In addition, the owner or operator of the source shall indicate which, if
any, federal or state applicable requirements, emission limitations, or work
practices apply to each unit;
b.
calculations of the baseline actual emissions with supporting documentation.
Baseline actual emissions are to include emissions associated not only with
operation of the unit, but also authorized emissions associated with start -up,
shutdown, and malfunction;
c. the
calculation procedures that the major stationary source owner or operator
proposes to use to convert the monitoring system data to monthly emissions and
annual emissions based on a 12-month rolling total for each month as required
by Subparagraph J.13.a of this Section.
4. General Requirements for Establishing PALs
a. The administrative authority may establish
a PAL at a major stationary source, provided that at a minimum, the following
requirements are met.
i. The PAL shall impose
an annual emission limitation in tons per year, that is enforceable as a
practical matter, for the entire major stationary source. For each month during
the PAL effective period after the first 12 months of establishing a PAL, the
major stationary source owner or operator shall show that the sum of the
monthly emissions from each emissions unit under the PAL for the previous 12
consecutive months is less than the PAL (a 12-month average, rolled monthly).
For each month during the first 11 months from the PAL effective date, the
major stationary source owner or operator shall show that the sum of the
preceding monthly emissions from the PAL effective date for each emissions unit
under the PAL is less than the PAL.
ii. The PAL shall be established in a PAL
permit that meets the public participation requirements in Paragraph J.5 of
this Section.
iii. The PAL permit
shall contain all the requirements of Paragraph J.7 of this Section.
iv. The PAL shall include fugitive emissions,
to the extent quantifiable, from all emissions units that emit or have the
potential to emit the PAL pollutant at the major stationary source.
v. Each PAL shall regulate emissions of only
one pollutant.
vi. Each PAL shall
have a PAL effective period of 10 years.
vii. The owner or operator of the major
stationary source with a PAL shall comply with the monitoring, recordkeeping,
and reporting requirements provided in Paragraphs J.12-14 of this Section for
each emissions unit under the PAL through the PAL effective period.
b. At no time during or after the
PAL effective period are emissions reductions of a PAL pollutant, which occur
during the PAL effective period, creditable as decreases for purposes of
offsets under Subsection F of this Section unless the level of the PAL is
reduced by the amount of such emissions reductions and such reductions would be
creditable in the absence of the PAL.
5. Public Participation Requirement for PALs.
Procedures to establish, renew, or increase PALs for existing major stationary
sources shall be consistent with
40 CFR
51.160 and
51.161.
These include the requirement that the administrative authority provide the
public with notice of the proposed approval of a PAL permit and at least a
30-day period for submittal of public comments. The administrative authority
shall address all material comments before taking final action on the permit.
6. Setting the 10-Year Actuals PAL
Level
a. Except as provided in Subparagraph
J.6.b of this Section, the actuals PAL level for a major stationary source
shall be established as the sum of the baseline actual
emissions, as defined in Subsection K of this Section, of the PAL
pollutant for each emissions unit at the source, plus an amount equal to the
applicable significant level for the PAL pollutant, as defined
in Subsection K of this Section or in the Clean Air Act, whichever is lower.
When establishing the actuals PAL level for a PAL pollutant, only one
consecutive 24-month period must be used to determine the baseline actual
emissions for all existing emissions units. However, a different consecutive
24-month period may be used for each different PAL pollutant. Emissions
associated with units that were permanently shut down after this 24-month
period must be subtracted from the PAL level. The administrative authority
shall specify a reduced PAL level (in tons/yr) in the PAL permit to become
effective on the future compliance date of any applicable federal or state
regulatory requirement that the administrative authority is aware of prior to
issuance of the PAL permit. For instance, if the source owner or operator will
be required to reduce emissions from industrial boilers in half from baseline
emissions of 60 ppm NOX to a new rule limit of 30 ppm, then the permit shall
contain a future effective PAL level that is equal to the current PAL level
reduced by half of the original baseline emissions of such unit.
b. For newly-constructed units, which do not
include modifications to existing units, on which actual construction began
after the 24-month period, in lieu of adding the baseline actual emissions as
specified in Subparagraph J.6.a of this Section, the emissions must be added to
the PAL level in an amount equal to the potential to emit of the
units.
7. Contents of
the PAL Permit. The PAL permit shall contain, at a minimum, the following
information:
a. the PAL pollutant and the
applicable source-wide emission limitation in tons per year;
b. the PAL permit effective date and the
expiration date of the PAL (PAL effective period);
c. specification that if a major stationary
source owner or operator applies to renew a PAL in accordance with Paragraph
J.10 of this Section before the end of the PAL effective period, then the PAL
shall not expire at the end of the PAL effective period, but shall remain in
effect until a revised PAL permit is issued by the administrative
authority;
d. a requirement that
emission calculations for compliance purposes include emissions associated with
start-up, shutdown, and malfunction;
e. a requirement that, once the PAL expires,
the major stationary source is subject to the requirements of Paragraph J.9 of
this Section;
f. the calculation
procedures that the major stationary source owner or operator shall use to
convert the monitoring system data to monthly emis sions and annual emissions
based on a 12-month rolling total for each month as required by Subparagraph
J.13.a of this Section;
g. a
requirement that the major stationary source owner or operator monitor all
emissions units in accordance with the provisions under Paragraph J.12 of this
Section;
h. a requirement to retain
the records required under Paragraph J.13 of this Section on site. Such records
may be retained in an electronic format;
i. a requirement to submit the reports
required under Paragraph J.14 of this Section by the required
deadlines;
j. any other
requirements that the administrative authority deems necessary to implement and
enforce the PAL.
8. PAL
Effective Period and Reopening of the PAL Permit
a. PAL Effective Period. The administrative
authority shall specify a PAL effective period of 10 years.
b. Reopening of the PAL Permit
i. During the PAL effective period, the
administrative authority shall reopen the PAL permit to:
(a). correct typographical/calculation errors
made in setting the PAL or reflect a more accurate determination of emissions
used to establish the PAL;
(b).
reduce the PAL if the owner or operator of the major stationary source creates
creditable emissions reductions for use as offsets under Subsection F of this
Section;
(c). revise the PAL to
reflect an increase in the PAL as provided under Paragraph J.11 of this
Section.
ii. The
administrative authority has the discretion to reopen the PAL permit in order
to:
(a). reduce the PAL to reflect newly
applicable federal requirements [e.g., New Source Performance Standards (NSPS)]
with compliance dates after the PAL effective date;
(b). reduce the PAL consistent with any other
requirement that is enforceable as a practical matter, and that the state may
impose on the major stationary source;
(c). reduce the PAL if the administrative
authority determines that a reduction is necessary to avoid causing or
contributing to a national ambient air quality standard (NAAQS) or PSD
increment violation, or to an adverse impact on an air quality-related value
that has been identified for a federal Class I area by a federal land manager
and for which information is available to the general public.
iii. Except for the permit
reopening in Subclause J.8.b.i. (a) of this Section for the correction of
typographical/calculation errors that do not increase the PAL level, all other
reopenings shall be carried out in accordance with the public participation
requirements of Paragraph J.5 of this Section.
9. Expiration of a PAL. Any PAL that is not
renewed in accordance with the procedures in Paragraph J.10 of this Section
shall expire at the end of the PAL effective period, and the following
requirements shall apply.
a. Each emissions
unit, or each group of emissions units, that existed under the PAL shall comply
with an allowable emission limitation under a revised permit established
according to the following procedures.
i.
Within the time frame specified for PAL renewals in Subparagraph J.10.b of this
Section, the major stationary source shall submit a proposed allowable emission
limitation for each emissions unit, or each group of emissions units, if such a
distribution is more appropriate as decided by the administrative authority, by
distributing the PAL allowable emissions for the major stationary sou rce among
each of the emissions units that existed under the PAL. If the PAL had not yet
been adjusted for an applicable requirement that became effective during the
PAL effective period, as required under Subparagraph J.10.e of this Section,
such distribution shall be made as if the PAL had been adjusted.
ii. The administrative authority shall decide
whether and how the PAL allowable emissions will be distributed and issue a
revised permit incorporating allowable limits for each emissions unit, or each
group of emissions units, as the administrative authority determines is
appropriate.
b. Each
emissions unit shall comply with the allowable emission limitation on a
12-month rolling basis. The administrative authority may approve the use of
monitoring systems (source testing, emission factors, etc.) other than
continuous emissions monitoring systems (CEMS), continuous emissions rate
monitoring systems (CERMS), predictive emissions monitoring systems (PEMS), or
continuous parameter monitoring systems (CPMS) to demonstrate compliance with
the allowable emission limitation.
c. Until the administrative authority issues
the revised permit incorporating allowable limits for each emissions unit, or
each group of emissions units, as required under Clause J.9.a.i of this
Section, the source shall continue to comply with a source-wide, multi-unit
emissions cap equivalent to the level of the PAL emission limitation.
d. Any physical change or change in the
method of operation at the major stationary source will be subject to the
nonattainment major NSR requirements if such change meets the definition of
major modification in Subsection K of this Section.
e. The major stationary source owner or
operator shall continue to comply with any state or federal applicable
requireme nts (BACT, RACT, NSPS, etc.) that may have applied either during the
PAL effective period or prior to the PAL effective period, except for those
emission limitations that had been established in accordance with Paragraph B.1
of this Section, but were eliminated by the PAL in accordance with the
provisions in Clause J.1.c.iii of this Section.
10. Renewal of a PAL
a. The administrative authority shall follow
the procedures specified in Paragraph J.5 of this Section in approving any
request to renew a PAL for a major stationary source, and shall provide both
the proposed PAL level and a written rationale for the proposed PAL level to
the public for review and comment. During such public review, any person may
propose a PAL level for the source for consideration by the administrative
authority.
b. Application Deadline.
A major stationary source owner or operator shall submit a timely application
to the administrative authority to request renewal of a PAL. A timely
application is one that is submitted at least six months prior to, but not
earlier than 18 months from, the date of permit expiration. This deadline for
application submittal is to ensure that the permit will not expire before the
permit is renewed. If the owner or operator of a major stationary source
submits a complete application to renew the PAL within this time period, then
the PAL shall continue to be effective until the revised permit with the
renewed PAL is issued.
c.
Application Requirements. The application to renew a PAL permit shall contain
the following information:
i. the information
required in Subparagraphs J.3.a-c of this Section;
ii. a proposed PAL level;
iii. the sum of the potential to emit of all
emissions units under the PAL, with supporting documentation;
iv. any other information the owner or
operator wishes the administrative authority to consider in determining the
appropriate level for renewing the PAL.
d. PAL Adjustment. In determining whether and
how to adjust the PAL, the administrative authority shall consider the options
outlined in Clauses J.10.d.i-ii of this Section. However, in no case may any
such adjustment fail to comply with Clause J.10.d.iii of this Section.
i. If the emissions level calculated in
accordance with Paragraph J.6 of this Section is equal to or greater than 80
percent of the PAL level, the administrative authority may renew the PAL at the
same level without considering the factors set forth in Clause J.10.d.ii of
this Section.
ii. The
administrative authority may set the PAL at a level that he or she determines
to be more representative of the source's baseline actual emissions, or that he
or she determines to be appropriate considering air quality needs, advances in
control technology, anticipated economic growth in the area, desire to reward
or encourage the source's voluntary emissions reductions, or other factors as
specifically identified by the administrative authority in his or her written
rationale.
iii. Notwithstanding
Clauses J.10.d.i-ii of this Section:
(a). if
the potential to emit of the major stationary source is less than the PAL, the
administrative authority shall adjust the PAL to a level no greater than the
potential to emit of the source; and
(b). the administrative authority shall not
approve a renewed PAL level higher than the current PAL, unless the major
stationary source has complied with the provisions of Paragraph J.11 of this
Section regarding increasing a PAL.
e. If the compliance date for a state or
federal requirement that applies to the PAL source occurs during the PAL
effective period, and if the administrative authority has not already adjusted
for such requirement, the PAL shall be adjusted at the time of PAL permit
renewal or Title V permit renewal, whichever occurs first.
11. Increasing a PAL during the PAL Effective
Period
a. The administrative authority may
increase a PAL emission limitation only if the major stationary source complies
with the following provisions.
i. The owner or
operator of the major stationary source shall submit a complete application to
request an increase in the PAL limit for a PAL major modification. Such
application shall identify the emissions units contributing to the increase in
emissions so as to cause the major stationary source's emissions to equal or
exceed its PAL.
ii. As part of this
application, the major stationary source owner or operator shall demonstrate
that the sum of the baseline actual emissions of the small emissions units,
plus the sum of the baseline actual emissions of the significant and major
emissions units assuming application of BACT equivalent controls, plus the sum
of the allowable emissions of the new or modified emissions units, exceeds the
PAL. The level of control that would result from BACT equivalent controls on
each significant or major emissions unit shall be determined by conducting a
new BACT analysis at the time the application is submitted, unless the
emissions unit is currently required to comply with a BACT or LAER requirement
that was established within the preceding 10 years. In such a case, the assumed
control level for that emissions unit shall be equal to the level of BACT or
LAER with which that emissions unit must currently comply.
iii. The owner or operator shall obtain a
major NSR permit for all emissions units identified in Clause J.11.a.i of this
Section, regardless of the magnitude of the emissions increase resulting from
them (i.e., no significant levels apply). These emissions units shall comply
with any emissions requirements resulting from the nonattainment major NSR
program process (e.g., LAER), even though they have also become subject to the
PAL or continue to be subject to the PAL.
iv. The PAL permit shall require that the
increased PAL level shall be effective on the day any emissions unit that is
part of the PAL major modification becomes operational and begins to emit the
PAL pollutant.
b. The
administrative authority shall calculate the new PAL as the sum of the
allowable emissions for each modified or new emissions unit, plus the sum of
the baseline actual emissions of the significant and major emissions units
assuming application of BACT equivalent controls as determined in accordance
with Clause J.11.a.ii of this Section, plus the sum of the baseline actual
emissions of the small emissions units.
c. The PAL permit shall be revised to reflect
the increased PAL level in accordance with the public notice requirements of
Paragraph J.5 of this Section.
12. Monitoring Requirements for PALs
a. General Requirements
i. Each PAL permit must contain enforceable
requirements for the monitoring system that accurately determines plantwide
emissions of the PAL pollutant in terms of mass per unit of time. Any
monitoring system authorized for use in the PAL permit must be based on sound
science and meet generally acceptable scientific procedures for data quality
and manipulation. Additionally, the information generated by such system must
meet minimum legal requirements for admissibility in a judicial proceeding to
enforce the PAL permit.
ii. The PAL
monitoring system must employ one or more of the four general monitoring
approaches meeting the minimum requirements set forth in Clauses J.12.b.i-iv of
this Section and must be approved by the administrative authority.
iii. Notwithstanding Clause J.12.a.ii of this
Section, an owner or operator may also employ an alternative monitoring
approach that meets the requirements of Clause J.12.a.i of this Section if
approved by the administrative authority.
iv. Failure to use a monitoring system that
meets the requirements of this Paragraph renders the PAL invalid.
b. Minimum Performance
Requirements for Approved Monitoring Approaches. The following are acceptable
general monitoring approaches when conducted in accordance with the minimum
requirements in Subparagraphs J.12.c-i of this Section:
i. mass balance calculations for activities
using coatings or solvents;
ii.
CEMS;
iii. CPMS or PEMS;
and
iv. emission factors.
c. Mass Balance Calculations. An
owner or operator using mass balance calculations to monitor PAL pollutant
emissions from activities using coating or solvents shall meet the following
requirements:
i. provide a demonstrated means
of validating the published content of the PAL pollutant that is contained in
or created by all materials used in or at the emissions unit;
ii. assume that the emissions unit emits all
of the PAL pollutant that is contained in or created by any raw material or
fuel used in or at the emissions unit, if it cannot otherwise be accounted for
in the process; and
iii. where the
vendor of a material or fuel, which is used in or at the emissions unit,
publishes a range of pollutant content from such material, the owner or
operator shall use the highest value of the range to calculate the PAL
pollutant emissions unless the administrative authority determines there is
site-specific data or a site-specific monitoring program to support another
content within the range.
d. CEMS. An owner or operator using CEMS to
monitor PAL pollutant emissions shall meet the following requirements:
i. CEMS must comply with applicable
performance specifications found in 40 CFR Part 60, Appendix B; and
ii. CEMS must sample, analyze, and record
data at least every 15 minutes while the emissions unit is operating.
e. CPMS or PEMS. An owner or
operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the
following requirements:
i. the CPMS or the
PEMS must be based on current site-specific data demonstrating a correlation
between the monitored parameters and the PAL pollutant emissions across the
range of operation of the emissions unit; and
ii. each CPMS or PEMS must sample, analyze,
and record data at least every 15 minutes, or at another less frequent interval
approved by the administrative authority, while the emissions unit is
operating.
f. Emission
Factors. An owner or operator using emission factors to monitor PAL pollutant
emissions shall meet the following requirements:
i. all emission factors shall be adjusted, if
appropriate, to account for the degree of uncertainty or limitations in the
factors' development;
ii. the
emissions unit shall operate within the designated range of use for the
emission factor, if applicable; and
iii. if technically practicable, the owner or
operator of a significant emissions unit that relies on an emission factor to
calculate PAL pollutant emissions shall conduct validation testing to determine
a site-specific emission factor within six months of PAL permit issuance,
unless the administrative authority determines that testing is not required.
g. A source owner or
operator must record and report maximum potential emissions without considering
enforceable emission limitations or operational restrictions for an emissions
unit during any period of time that there is no monitoring data, unless another
method for determining emissions during such periods is specified in the PAL
permit.
h. Notwithstanding the
requirements in Subparagraphs J.12.c-d of this Section, where an owner or
operator of an emissions unit cannot demonstrate a correlation between the
monitored parameters and the PAL pollutant emis sions rate at all operating
points of the emissions unit, the administrative authority shall, at the time
of permit issuance:
i. establish default
values for determining compliance with the PAL based on the highest potential
emissions reasonably estimated at such operating points; or
ii. determine that operation of the emissions
unit during operating conditions when there is no correlation between monitored
parameters and the PAL pollutant emissions is a violation of the PAL.
i. Revalidation. All data used to
establish the PAL pollutant must be revalidated through performance testing or
other scientifically valid means approved by the administrative authority. Such
testing must occur at least once every five years after issuance of the
PAL.
13. Recordkeeping
Requirements
a. The PAL permit shall require
an owner or operator to retain a copy of all records necessary to determine
compliance with any requirement of this Subsection and of the PAL, including a
determination of each emissions unit's 12- month rolling total emissions, for
five years from the date of such record.
b. The PAL permit shall require an owner or
operator to retain a copy of the following records for the duration of the PAL
effective period plus five years:
i. a copy of
the PAL permit application and any applications for revisions to the PAL;
and
ii. each annual certification
of compliance in accordance with Title V and the data relied on in certifying
the compliance.
14. Reporting and Notification Requirements.
The owner or operator shall submit semiannual monitoring reports and prompt
deviation reports to the administrative authority in accordance with the
applicable Title V operating permit program. The reports shall meet the
following requirements.
a. Semiannual Report.
The semiannual report shall be submitted to the administrative authority within
30 days of the end of each reporting period. This report shall contain the
following information:
i. the identification
of the owner or operator and the permit number;
ii. total annual emissions (tons/year) based
on a 12-month rolling total for each month in the reporting period recorded in
accordance with Subparagraph J.13.a of this Section;
iii. all data relied upon, including but not
limited to, any quality assurance or quality control data, in calculating the
monthly and annual PAL pollutant emissions;
iv. a list of any emissions units modified or
added to the major stationary source during the preceding 6-month
period;
v. the number, duration,
and cause of any deviations or monitoring malfunctions, other than the time
associated with zero and span calibration checks, and any corrective action
taken;
vi. a notification of a
shutdown of any monitoring system, whether the shutdown was permanent or
temporary, the reason for the shutdown, the anticipated date that the
monitoring system will be fully operational or replaced with another monitoring
system, and whether the emissions unit monitored by the monitoring system
continued to operate, and the calculation of the emissions of the pollutant or
the number determined by method included in the permit, as provided by
Subparagraph J.12.g of this Section;
vii. a signed statement by the responsible
official, as defined by the applicable Title V operating permit program,
certifying the truth, accuracy, and completeness of the information provided in
the report.
b. Deviation
Report. The major stationary source owner or operator shall promptly submit
reports of any deviations or exceedance of the PAL requirements, including
periods where no monitoring is available. A report submitted in accordance with
40 CFR
70.6(a)(3)(iii)(B) shall
satisfy this reporting requirement. The deviation reports shall be submitted
within the time limits prescribed by the applicable program implementing
40 CFR
70.6(a)(3)(iii)(B). The
reports shall contain the following information:
i. the identification of the owner or
operator and the permit number;
ii.
the PAL requirement that experienced the deviation or that was
exceeded;
iii. emissions resulting
from the deviation or the exceedance; and
iv. a signed statement by the responsible
official, as defined by the applicable Title V operating permit program,
certifying the truth, accuracy, and completeness of the information provided in
the report.
c.
Revalidation Results. The owner or operator shall submit to the administrative
authority the results of any revalidation test or method within three months
after completion of such test or method.
15. Transition Requirements
a. No administrative authority may issue a
PAL that does not comply with the requirements of this Subsection after the
administrator has approved regulations incorporating these requirements into
the State Implementation Plan.
b.
The administrative authority may supersede any PAL that was established prior
to the date of approval of the State Implementation Plan by the administrator
with a PAL that complies with the requirements of this Subsection.
K. Definitions. The terms in this Section are used as defined in LAC 33:III.111 with the exception of those terms specifically defined as follows.
Actual Emissions- the actual rate of emissions of a pollutant from an emissions unit as determined in accordance with the following, except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under Subsection J of this Section. Instead, the definitions of projected actual emissions and baseline actual emissions in this Subsection shall apply for those purposes.
a. In general, actual
emissions as of a particular date shall equal the average rate, in
tons per year, at which the unit actually emitted the pollutant during a
consecutive 24-month period that precedes the particular date and that is
representative of normal major stationary source opera tion. A different time
period shall be allowed upon a determination by the department that it is more
representative of normal major stationary source operation. Actual emissions
shall be calculated using the unit's actual operating hours, production rates,
and types of materials processed, stored, or combusted during the selected time
period.
b. The administrative
authority may presume that source-specific allowable emissions for the unit are
equivalent to the actual emissions of the unit.
c. For any emissions unit that has not begun
normal operations on the particular date, actual emissions shall equal the
allowable emissions of the unit.
Administrator- the administrator of the USEPA or an authorized representative.
Adverse Impact on Visibility- visibility impairment which interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of the mandatory federal Class I area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency, and time of the visibility impairments and how these factors correlate with:
a. times of visitor use of the mandatory
federal Class I area; and
b. the
frequency and timing of natural conditions that reduce visibility.
This term does not include effects on integral vista as defined at 40 CFR 51.301, Definitions.
Allowable Emissions- the emissions rate of a major stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:
a. the applicable standard set forth in 40
CFR Part 60, 61, or 63 ;
b. any
applicable State Implementation Plan emissions limitation including those with
a future compliance date; or
c. the
emissions rate specified as a federally enforceable permit condition, including
those with a future compliance date.
Baseline Actual Emissions- the rate of emissions, in tons per year, of a regulated pollutant, determined as follows.
a. For any existing
electric utility steam generating unit, baseline actual
emissions means the average rate, in tons per year, at which the unit
actually emitted the pollutant during any consecutive 24 - month period
selected by the owner or operator within the five-year period immediately
preceding when the owner or operator begins actual construction of the project.
The administrative authority shall allow the use of a different time period
upon a determination that it is more representative of normal source operation.
i. The average rate shall include fugitive
emissions to the extent quantifiable, and authorized emissions associated with
start-ups, shutdowns, and ma lfunctions.
ii. The average rate shall be adjusted
downward to exclude any non-compliant emissions that occurred while the source
was operating above any emission limitation that was legally enforceable during
the consecutive 24-month period.
iii. For a regulated pollutant, when a
project involves multiple emissions units, only one consecutive 24-month period
must be used to determine the baseline actual emissions for the emissions units
being changed. A different consecutive 24-month period can be used for each
regulated pollutant.
iv. The
average rate shall not be based on any consecutive 24-month period for which
there is inadequate information for determining annual emissions, in tons per
year, and for adjusting this amount if required by Clause a.ii of this
definition.
b. For an
existing emissions unit, other than an electric utility steam generating unit,
baseline actual emissions means the average rate, in tons per
year, at which the emissions unit actually emitted the pollutant during any
consecutive 24-month period selected by the owner or operator within the
10-year period immediately preceding either the date the owner or operator
begins actual construction of the project, or the date a complete permit
application is received by the administrative authority for a permit required
under this Section, except that the 10-year period shall not include any period
earlier than November 15, 1990.
i. The
average rate shall include fugitive emissions to the extent quantifiable, and
authorized emissions associated with start-ups, shutdowns, and malfunctions.
ii The average rate shall be
adjusted downward to exclude any non-compliant emissions that occurred while
the source was operating above an emission limitation that was legally
enforceable during the consecutive 24-month period.
iii. The average rate shall be adjusted
downward to exclude any emissions that would have exceeded an emission
limitation with which the major stationary source must currently comply, had
such major stationary source been required to comply with such limitations
during the consecutive 24-month period. However, if an emission limitation is
part of a maximum achievable control technology standard that the administrator
proposed or promulgated under 40 CFR Part 63, the baseline actual emissions
need only be adjusted if the state has taken credit for such emissions
reductions in an attainment demonstration or maintenance plan consistent with
the requirements of Paragraphs F.4 and 5 of this Section.
iv. For a regulated pollutant, when a project
involves multiple emissions units, only one consecutive 24-month period shall
be used to determine the baseline actual emissions for the emissions units
being changed. A different consecutive 24-month period may be used for each
regulated pollutant.
v. The average
rate shall not be based on any consecutive 24-month period for which there is
inadequate information for determining annual emissions, in tons per year, and
for adjusting this amount if required by Clauses b.ii-iii of this
definition.
c. For a new
emissions unit, the baseline actual emissions for purposes of determining the
emissions increase that will result from the initial construction and operation
of such unit shall equal zero, and thereafter, for all other purposes, shall
equal the unit's potential to emit.
d. For a PAL for a major stationary source,
the baseline actual emissions shall be calculated for existing electric utility
steam generating units in accordance with the procedures contained in
Subparagraph a of this definition, for other existing emissions units in
accordance with the procedures contained in Subparagraph b of this definition,
and for a new emissions unit in accordance with the procedures contained in
Subparagraph c of this definition.
Begin Actual Construction- initiation of physical on-site construction activities on an emissions unit that are of a permanent nature. Such activities include, but are not limited to, installation of building support and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operating this term refers to those on-site activities other than preparatory activities that mark the initiation of the change.
Best Available Control Technology (BACT)- as defined in LAC 33:III.509.
Building, Structure, Facility, or Installation- all of the pollutant-emitting activities that belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same "Major Group" (i.e., they have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987.
Clean Air Act- the federal Clean Air Act, 42 U.S.C. 7401 - 7671(q).
Commence- as applied to construction of a major stationary source or major modification means that the owner or operator has all necessary preconstruction approvals or permits and either has:
a. begun, or caused to begin, a
continuous program of actual on-site construction of the major stationary
source, to be completed within a reasonable time; or
b. entered into binding agreements or
contractual obligations, which cannot be canceled or modified without
substantial loss to the owner or operator, to undertake a program of actual
construction of the major stationary source to be completed within a reasonable
time.
Construction- any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) that would result in a change in actual emissions.
Continuous Emissions Monitoring System (CEMS)- all of the equipment that may be required to meet the data acquisition and availability requirements of this Section, to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis.
Continuous Emissions Rate Monitoring System (CERMS)- the total equipment required for the determination and recording of the pollutant mass emissions rate, in terms of mass per unit of time.
Continuous Parameter Monitoring System (CPMS)- all of the equipment necessary to meet the data acquisition and availability requirements of this Section, to monitor process and control device operational parameters (e.g., control device secondary voltages and electric currents) and other information (e.g., gas flow rate, O2 or CO2 concentrations), and to record average operational parameter values on a continuous basis.
Electric Utility Steam Generating Unit- any steam-electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.
Emissions Unit- any part of a major stationary source that emits or would have the potential to emit any regulated pollutant, and includes an electric utility steam generating unit as defined in this Subsection. For purposes of this Section, there are two types of emissions units as described below.
a. A new
emissions unit is any emissions unit that is, or will be, newly
constructed and that has existed for less than two years from the date such
emissions unit first operated.
b.
An existing emissions unit is any emissions unit that does not
meet the requirements in Subparagraph a of this definition. A
replacement unit, as defined in this Subsection, is an
existing emissions unit.
Federal Class I Area- any federal land that is classified or reclassified as a "Class I" area in accordance with the federal Clean Air Act.
Federal Land Manager- with respect to any lands in the United States, the secretary of the department with authority over such lands.
Federally Enforceable- all limitations and conditions which are federally enforceable by the administrator, including those requirements developed in accordance with 40 CFR Parts 60, 61, and 63, requirements within any applicable State Implementation Plan, any permit requirements established in accordance with 40 CFR 52.21 or under regulations approved in accordance with 40 CFR Part 51, Subpart I including 40 CFR 51.165 and 40 CFR 51.166.
Fugitive Emissions- those emissions that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.
Lowest Achievable Emission Rate- for any source, the more stringent rate of emissions based on the following:
a. the most stringent emissions
limitation that is contained in the implementation plan of any state for such
class or category of major stationary source, unless the owner or operator of
the proposed stationary source demonstrates that such limitations are not
achievable; or
b. the most
stringent emissions limitation that is achieved in practice by such class or
category of stationary source. This limitation, when applied to a modification,
means the lowest achievable emissions rate for the new or modified emissions
units within the stationary source. In no event shall the application of this
term permit a proposed new or modified major stationary source to emit any
pollutant in excess of the amount allowable under an applicable new source
standard of performance.
Major Modification-
a. Any physical change in or change in the
method of operation of a major stationary source that would result in a
significant net emissions increase, as listed in Subsection L, Table 1 of this
Section, of any regulated pollutant for which the stationary source is already
major.
b. Any net emissions
increase that is considered significant for VOC or NOX shall be considered
significant for ozone. VOC and NOx emissions shall not be aggregated for the
purpose of determining significant net emissions increases.
c. A physical change or change in the method
of operation shall not include:
i. routine
maintenance, repair, and replacement;
ii. use of an alternative fuel or raw
material by reason of an order under Sections 2(a) and (b) of the Energy Supply
and Environmental Coordination Act of 1974 (or any superseding legislation) or
by reason of a natural gas curtailment plan in accordance with the Federal
Power Act;
iii. use of an
alternative fuel by reason of an order or rule under Section 125 of the Clean
Air Act;
iv. use of an alternative
fuel at a steam generating unit to the extent that the fuel is generated from
municipal solid waste;
v. use of an
alternative fuel or raw material by a stationary source that:
(a). the source was capable of accommodating
before December 21, 1976, unless such change would be prohibited under any
federally enforceable permit condition that was established after December 12,
1976, in accordance with
40 CFR
52.21 or under regulations approved in
accordance with 40 CFR Part 51, Subpart I or
40 CFR
51.166; or
(b). the source is approved to use under any
permit issued under regulations approved in accordance with this
Section;
vi. an increase
in the hours of operation or in the production rate, unless such change is
prohibited under any federally enforceable permit condition that was
established after December 21, 1976, in accordance with
40 CFR
52.21 or regulations approved in accordance
with 40 CFR Part 51, Subpart I or
40 CFR
51.166;
vii. any change in ownership at a stationary
source.
d. This
definition shall not apply with respect to a particular regulated pollutant
when the major stationary source is complying with the requirements under
Subsection J of this Section for a PAL for that pollutant. Instead, the
definition at Subparagraph J.2.g of this Section shall apply.
Major Stationary Source-
a. any stationary source (including all
emission points and units of such source located within a contiguous area and
under common control) of air pollutants which emits, or has the potential to
emit, any regulated pollutant at or above the threshold values defined in
Subsection L, Table 1 of this Section; or
b. any physical change that would occur at a
stationary source not qualifying under Subparagraph a of this definition as a
major stationary source, if the change would constitute a
major stationary source by itself;
c. a major stationary source that is major
for VOC or NOx shall be considered major for ozone. VOC and NOx emissions shall
not be aggregated for the purpose of determining major stationary source
status;
d. a stationary source
shall not be a major stationary source due to fugitive emissions, to the extent
that they are quantifiable, unless the source belongs to:
i. any category in Table A in LAC 33:III.509;
or
ii. any other stationary source
category which, as of August 7, 1980, is being regulated under
Section
111 of the Clean Air
Act;
e. a stationary
source shall not be a major stationary source due to secondary emissions.
Mandatory Federal Class I Area- those federal lands that are international parks, national wilderness areas which exceed 5,000 acres in size, national memorial parks which exceed 5,000 acres in size, and national parks which exceed 6,000 acres in size, and that were in existence on August 7, 1977. These areas may not be redesignated.
Natural Conditions- includes naturally occurring phenomena that reduce visibility as measured in terms of visual range, contrast, or coloration.
Necessary Preconstruction Approvals or Permits- those permits or approvals required under federal air quality control laws and regulations and those air quality control laws and regulations which are part of the applicable State Implementation Plan.
Net Emissions Increase- the amount by which the sum of the following exceeds zero:
a.
i. any
increase in actual emissions from a particular physical change or change in the
method of operation at a stationary source as calculated in accordance with
Paragraph A.3 of this Section; and
ii. any other creditable increases and
decreases in actual emissions at the major stationary source over a period
including the calendar year of the proposed increase, up to the date on which
the proposed increase will occur, and the preceding four consecutive calendar
years. Baseline actual emissions for calculating increases and decreases under
this Clause shall be determined as provided in Subsection K.Baseline
Actual Emissions of this Section except that Clauses a.iii and b.iv of
that definition shall not apply;
b. an increase or decrease in actual
emissions is creditable only if neither the department nor the administrator
has relied on it in issuing a permit for the source under this regulation and,
for a decrease, the administrator has not relied on it in issuing a permit
under
40 CFR
52.21, which permit is in effect when the
increase in actual emissions from the particular change occurs;
c. Reserved;
d. an increase in actual emissions is
creditable only to the extent that the new level of allowable emissions exceeds
the old level of actual emissions;
e. a decrease in actual emissions is
creditable only to the extent that:
i. the old
level of actual emissions or the old level of allowable emissions, whichever is
lower, exceeds the new level of allowable emissions;
ii. it is enforceable as a practical matter
at and after the time that actual construction of the particular change
begins;
iii. it has not been relied
on by the state in demonstrating attainment or reasonable further progress;
and
iv. it has approximately the
same qualitative significance for public health and welfare as that attributed
to the increase from the particular change;
f. an increase that results from a physical
change at a major stationary source occurs when the emissions unit on which
construction occurred becomes operational and begins to emit a particular
pollutant. Any replacement unit that requires shakedown becomes operational
only after a reasonable shakedown period, not to exceed 180 days;
g. Subparagraph K.Actual
Emissions.a of this Section shall not apply for determining creditable
increases and decreases or after a change.
Nonattainment Area- for any air pollutant, an area which is shown by monitored data or which is calculated by air quality modeling (or other methods determined by the administrator to be reliable) to exceed any national ambient air quality standard for such pollutant. Such term includes any area identified under Subparagraphs (A)-(C) of Section 107(d)(1) of the Federal Clean Air Act.
Pollution Prevention- any activity that, through process changes, product reformulation or redesign, or substitution of less polluting raw materials, eliminates or reduces the release of air pollutants, including fugitive emissions, and other pollutants to the environment prior to recycling, treatment, or disposal; it does not mean recycling (other than certain " in -process recycling" practices), energy recovery, treatment, or disposal.
Portable Stationary Source- a source that can be relocated to another operating site with limited dismantling and reassembly.
Potential to Emit- the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source.
Predictive Emissions Monitoring System (PEMS)- all of the equipment necessary to monitor process and control device operational parameters (e.g., control device secondary voltages and electric currents) and other information (e.g., gas flow rate, O2 or CO2 concentrations), and calculate and record the mass emissions rate (e.g., lb/hr) on a continuous basis.
Prevention of Significant Deterioration (PSD) Permit- any permit that is issued under a major source preconstruction permit program that has been approved by the administrator and incorporated into the State Implementation Plan to implement the requirements of 40 CFR 51.166, or under the program in 40 CFR 52.21.
Project- a physical change in, or change in the method of operation of, an existing major stationary source.
Projected Actual Emissions- the ma ximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated pollutant in any one of the five years (12-month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit of that regulated pollutant and full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source. In determining the projected actual emissions before beginning actual construction, the owner or operator of the major stationary source:
a. shall consider all relevant information,
including but not limited to, historical operational data, the company's own
representations, the company's expected business activity and the company's
highest projections of business activity, the company's filings with the state
or federal regulatory authorities, and compliance plans under the approved
State Implementation Plan; and
b.
shall include fugitive emissions to the extent quantifiable, and authorized
emissions associated with startups, shutdowns, and malfunctions; and
c. shall exclude, in calculating any increase
in emissions that results from the particular project, that portion of the
unit's emissions following the project that an existing unit could have
accommodated during the consecutive 24-month period used to establish the
baseline actual emissions as defined in this Subsection and
that are also unrelated to the particular project, including any increased
utilization due to product demand growth; or
d. in lieu of using the method set out in
Subparagraphs a- c of this definition, may elect to use the emissions unit's
potential to emit, in tons per year, as defined in this
Subsection.
Regulated Pollutant-
a. any pollutant for which a national ambient
air quality standard has been promulgated or any constituent or precursor for
the identified pollutant, provided that such constituent or precursor pollutant
is only regulated under NNSR as part of regulation of the primary pollutant.
Precursors identified by the administrative authority for purposes of NNSR
include the following:
i. volatile organic
compounds and nitrogen oxides are precursors to ozone in all ozone
nonattainment areas;
ii. sulfur
dioxide is a precursor to PM2.5 in all PM2.5
nonattainment areas;
iii. nitrogen
oxides are presumed to be precursors to PM25 in all PM25 nonattainment areas,
unless the administrative authority demonstrates to the administrator's
satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources
in a specific area are not a significant contributor to that area's ambient
PM2.5 concentrations; and
iv. volatile organic compounds and ammonia
are presumed not to be precursors to PMV in any PM2.5
nonattainment area, unless the administrative authority demonstrates to the
administrator's satisfaction or EPA demonstrates that emissions of volatile
organic compounds or ammonia from sources in a specific area are a significant
contributor to that area's ambient PM2.5
concentrations.
b.
PM2.5 emissions and PM10
emissions shall include the gaseous emissions from a source or activity which
condense to form particulate matter at ambient temperatures. On or after
January 1, 2011, such condensable particulate matter shall be accounted for in
applicability determinations and in establishing emissions limitations for
PM2.5 and PMio in NNSR permits. Compliance with
emissions limitations for PM2.5 and PMio issued prior to
this date shall not be based on condensable particulate matter. Applicability
determinations made prior to this date without accounting for condensable
particulate matter shall not be considered in violation of this Section.
Replacement Unit- an emissions unit for which all the following criteria are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced.
a. The emissions
unit is a reconstructed unit within the meaning of
40 CFR
60.15(b)(1), or the
emissions unit completely takes the place of an existing emissions
unit.
b. The emissions unit is
identical to or functionally equivalent to the replaced emissions
unit.
c. The emissions unit does
not alter the basic design parameters of the process unit.
d. The replaced emissions unit is permanently
removed from the major stationary source, otherwise permanently disabled, or
permanently barred from operation by a permit that is enforceable as a
practical matter. If the replaced emissbns unit is brought back into operation,
it shall constitute a new emissions unit, as defined in this
Subsection.
Secondary Emissions- emissions which would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of this Section, secondary emissions must be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.
Significant-in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed the lower of any of the following rates or the applicable major modification significant net increase threshold in Subsection L, Table 1 of this Section.
|
Pollutant |
Emission Rate |
|
Carbon monoxide |
100 tons per year (tpy) |
|
Nitrogen oxides |
40tpy |
|
Sul&r dioxide |
40 tpy |
|
Ozone |
40 tpy of volatile organic compounds or nitrogen oxides |
|
Lead |
0.6 tpy |
|
PM10 |
15 tpy |
|
PM2.5 |
10 tpy of direct PM2.5 emissions, 40 tpy of sulfur dioxide emissions, 40 tpy of nitrogen oxide' |
|
1Nitrogen oxides are presumed to be precursors to PM2.5 in all PM2.5 nonattainment areas unless the administrative authority demonstrates to the administrator's satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM2.5 concentrations |
|
Stationary Source- any building, structure, facility, or installation which emits or may emit any regulated pollutant.
Temporary Source- a stationary source that changes its location or ceases to exist within one year from the date of initial start of operations.
Visibility Impairment- any humanly perceptible change in visibility (visual range, contrast, coloration) from that which would have existed under natural conditions.
L. Table 1- Major Stationary Source/Major Modification Emission Thresholds
|
Table 1 Major Stationary Source/Major Modification Emission Thresholds |
|||
|
Pollutant |
Major Stationary Source Threshold Values (tons/year) |
Major Modification Significant Net Increase (tons/year) |
Offset Ratio Minimum |
|
Ozone VOC/NOa |
Trigger Values |
||
|
Marginal |
100 |
40(40)2 |
1.10to 1 |
|
Moderate |
100 |
40(40)2 |
1.15 to 1 |
|
Serious |
50 |
253(5) 4 |
1.20 to 1 w/LAER or 1.40 to 1 internal w/o LAER |
|
Severe |
25 |
253(5) 4 |
1.30 to 1 w/LAER or 1.50 to 1 internal w/o LAER |
|
Extreme |
10 |
Any increase |
1.50 to 1 |
|
CO |
|||
|
Moderate |
100 |
100 |
>1.00 to 1 |
|
Serious |
50 |
50 |
>1.00 to 1 |
|
SO 2 |
100 |
40 |
>1.00 to 1 |
|
PM101 |
|||
|
Moderate |
100 |
15 |
>1.00 to 1 |
|
Serious |
70 |
15 |
>1.00 to 1 |
|
PM2.55 |
100 |
10 |
>1.00 to 1 |
|
Lead |
100 |
0.6 |
>1.00 to 1 |
1 The requirementsof LAC33:III.504applicabletomajor stationary sources and major modifications of PM10 shall also apply to major stationary sources and major modifications of PM10 precursors, except where the administrator determines that such sources do not contribute significantly to PM10 levels that exceed the PM10 NAAQS in the area.
2 Consideration of the net emissions increase will be triggered for any project that would increase emissions by 40 tons or more per year.
3 For serious and severe ozone nonattainment areas, the increase in emissions of VOC or NOx resulting from any physical change or change in the method of operation of a stationary source shall be considered significant for purposes of determining the applicability of permit requirements, if the net emissions increase from the source equals or exceeds 25 tons per year of VOC or NOx.
4 Consideration of the net emissions increase will be triggered for any project that would increase VOC or NOX emissions by 5 tons or more per year or for any project that would result in a 25 ton or more per year cumulative increase in emissions of VOCor NOX within the contemporaneous period.
5 Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment areas. Nitrogen oxides are presumed to be precursors to PM2.5 in all PM2.5 nonattainment areas unless the administrative authority demonstrates to the administrators satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a signif icant contributor to that areas ambient PM2.5 concentrations. Volatile organic compounds and ammonia are presumed not to be precursors to PM2.5 in any PM2.5 nonattainment area unless the administrative authority demonstrates to the administrators satisfaction or EPA demonstrates that emissions of volatile organic compounds or ammonia from sources in a specific area are a significant contributor to that area's ambient PM2.5 concentrations.
VOC =volatile organic compounds
NOx=oxides of nitrogen
CO =carbon monoxide
SO2=sulfur dioxide
PM10 = particulate matter of less than 10 microns in diameter
PM2.5 = particulate matter of less than 2.5 microns in diameter
M. Offset Requirements in Specified Parishes. Except as provided in Paragraph M.4 of this Section, the provisions of this Subsection shall apply to stationary sources located in the parishes of Ascension, East Baton Rouge, Iberville, and West Baton Rouge if the parish's designation with respect to the 8-hour national ambient air quality standard (NAAQS) for ozone is attainment, marginal nonattainment, or moderate nonattainment.
1. New Stationary Sources. The
owner or operator of a new stationary source shall provide offsets for
potential VOC and NOx emissions in excess of 50 tons per year.
2. Existing Stationary Sources
a. Consideration of the net emissions
increase shall be triggered for any physical change or change in the method of
operation that would increase emissions of VOC or NOX by 40 tons per year or
more.
b. The owner or operator of
an existing stationary source with a potential to emit 50 tons per year or more
of VOC shall provide VOC offsets for each physical change or change in the
method of operation that would result in a net emissions increase of 40 tons
per year or more of VOC.
c. The
owner or operator of an existing stationary source with a potential to emit 50
tons per year or more of NOx shall provide NOx offsets for each physical change
or change in the method of operation that would result in a net emissions
increase of 40 tons per year or more of NOx.
3. Offsets shall be required at a
ratio of 1.0 to 1.
4. The
provisions of this Subsection shall not apply to any new major stationary
source or major modification as defined in Subsection K of this
Section.
5. The provisions of this
Subsection shall not apply to any increase in NOx or VOC emissions that is a
direct result of and incidental to the:
a.
installation of abatement equipment or implementation of a control technique
required to comply with another state or federal regulation, consent decree, or
other enforcement action; or
b.
voluntary installation of a pollution control project on an existing emissions
unit that reduces emissions of air pollutants from such unit.
6. Creditable emission reductions
from sources located in Livingston Parish achieved prior to the removal of
Livingston Parish from the list of affected parishes in LAC 33:III.504.M (and
for which an ERC application has been submitted in accordance with LAC
33:III.615) shall remain eligible for use as offsets. However, emission
reductions from sources located in Livingston Parish realized after Livingston
Parish has been removed from the aforementioned list of affected parishes shall
no longer be eligible for use as offsets for purposes of LAC
33:III.504.M.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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