Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part III - Air
Chapter 5 - Permit Procedures
Section III-513 - General Permits, Temporary Sources, and Relocation of Portable Facilities
Universal Citation: LA Admin Code III-513
Current through Register Vol. 50, No. 9, September 20, 2024
A. General Permits
1. The permitting authority
may issue a general permit intended to cover numerous similar sources or
activities. General permits shall be issued in accordance with LAC 33:III.519
and, prior to issuance, shall undergo public notice and, if the general permit
is intended to cover a Part 70 source as defined in LAC
33:III.502, review by affected states and EPA in accordance with LAC 33:III.531
and 533. Each general permit shall incorporate terms and conditions applicable
to sources that would qualify for the general permit. Any general permit shall
identify criteria by which sources may qualify for the general permit, and may
provide for applications which deviate from the requirements of LAC
33:III.517.
2. The owner or
operator of any source that would qualify for the general permit may apply for
authorization to operate under the general permit. The application must include
all information necessary to determine qualification for and to assure
compliance with the general permit. The owner or operator of a Part 70
source as defined in LAC 33:III.502 shall publish a notice of the
application in a newspaper of general circulation in the local area where the
source is or would be located.
3.
The permitting authority may approve an owner or operator's application for
authorization to operate under the general permit without repeating the public
participation procedures. Such an approval shall not be a final permit action
for purposes of judicial review regarding the terms and conditions of the
general permit.
4. Any source which
is issued the general permit shall, notwithstanding a permit shield, be subject
to enforcement action for operation without a permit if the source is later
determined not to qualify for the general permit.
5. General permits shall not be issued for
affected sources under the Acid Rain Program established pursuant to Title IV
of the Clean Air Act.
6. General
permits shall not be issued for new major stationary sources
and major modifications as defined in LAC 33:III.504 or
509.
B. Temporary Sources
1. The permitting authority may issue
a single permit under this Chapter establishing permit terms and conditions
applicable to similar operations by the same source owner or operator at
multiple locations. The operation must be temporary and involve at least one
change of location during the term of the permit.
2. The owner or operator of any source which
would qualify as a temporary source shall submit a complete permit application
in accordance with LAC 33:III.517. The application may request a temporary
source permit.
3. Permits for
temporary sources shall include:
a.
conditions that will assure compliance with all state and federally applicable
requirements at all authorized locations; and
b. requirements that the owner or operator
notify the permitting authority at least 10 days in advance of each change in
location.
4. No affected
source under the Acid Rain Program under Title IV of the Clean Air Act shall be
permitted as a temporary source.
C. Relocation of Portable Facilities
1. The permitting authority may issue, on
behalf of the department, a certificate of approval to relocate an asphalt
plant or other transportable facility that is presently operating under a
certificate of approval from the department provided the facility does not
constitute a Part 70 source and would not constitute a Part 70 source upon
relocation. Prior to issuance of any such certificate, the permitting authority
shall receive adequate assurance from the petitioner that the following
conditions are met:
a. compliance with all
other regulations and zoning criteria at the new location;
b. the continued use of all pollution
abatement devices and measures at the new location;
c. the continued use of fuel of the same
sulfur content or less than that referenced on the approved permit;
and
d. dispersion of emissions from
the relocated source will not cause violation of ambient air standards at the
new location.
2. In
addition, a plot plan should be supplied to affirm that the distances to the
property line at the new location are approximately equal to those reported on
the approved permit application. This will be used to confirm that the
dispersion estimate previously supplied is still valid.
3. Upon review and acceptance of the
aforementioned data, the department will notify the owner or operator
concerning the acceptability of the relocation.
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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