La. Admin. Code tit. 33, § III-5111 - Permit Requirements , Application , and Review
A. Major Source Permit Requirements. Before
commencement of the construction of any new source or any modification that
will result in an increase in emissions of any toxic air pollutant or will
create a new point source that emits a toxic air pollutant, the owner or
operator of such source shall obtain a Louisiana air permit in accordance with
LAC 33:III.501 and Subsection B of this Section and in accordance with LAC
33:I.1701.
B. Contents of
Application for a Louisiana Air Permit
1. An
owner or operator may submit to the Office of Environmental Services, by
certified mail, a written request for a determination of whether actions
intended to be taken by the owner or operator constitute construction or
modification, or the commencement thereof, of a stationary source. The
administrative authority will notify the owner or operator of the determination
within 30 days after receiving sufficient information to evaluate the
request.
2. Each application for a
permit to construct a new major source shall include the following:
a. the name and address of the
applicant;
b. the location or
proposed location of the source;
c.
technical information describing the proposed nature, size, design, operating
design capacity, and method of operation of the source, including a description
of intended controls and monitoring procedures. Such technical information
shall include estimation of emissions prior to and after installation of
emission control equipment or adoption of control measures, calculations of
emission estimates in sufficient detail to allow assessment of the validity of
the calculations, and documentation of methods or sources of information used
in these determinations. Emissions of toxic air pollutants shall be speciated
to identify each toxic air pollutant emitted from each emission point at the
source and to identify fugitive emissions of toxic air pollutants.
3. Each application for a permit
to modify an existing major source facility shall include, in addition to the
information required in Paragraph B.2 of this Section, the following
information:
a. the precise nature of the
proposed changes;
b. the productive
capacity of the source before and after the changes are complete;
c. calculations of estimates of emissions
before and after the changes are completed, in sufficient detail to allow
assessment of the validity of the calculations;
d. for sources that have been operating in
Louisiana for a period of at least five years, a listing of all violations of
Louisiana air quality laws or regulations for which the owner or operator is
responsible, including all violations for which a compliance schedule has been
established and which have been cited in administrative enforcement actions by
the department, and for which all rights of review and appeal have been
exhausted. Applicants under a compliance schedule shall also demonstrate that
they have made satisfactory progress in meeting the conditions of the
compliance schedule. Applicants shall also provide a listing of all
administrative or judicial actions taken against the owner or operator within
the last five years under Louisiana environmental laws or regulations,
including emergency cease and desist orders, notices of violation, compliance
orders, penalty notices, or other administrative orders and any administrative
or judicial proceedings that could result in such actions, and any other
compliance history information requested by the administrative
authority;
e. for sources that have
not been operating in Louisiana for at least five years, a listing of all
enforcement actions taken against the owner or operator for violations of
United States federal or state environmental laws or regulations, and any other
compliance history information requested by the administrative
authority.
4. Any
application corresponding to a major source that emits or is permitted to emit
any Class I or Class II toxic air pollutant shall include a description of all
federal standards (i.e., any standards promulgated by the US EPA in 40 CFR Part
63) and compliance methods applicable to units being permitted.
5. The department may request a dispersion
modeling report demonstrating compliance with the ambient air standard
developed by the owner or operator in accordance with the department's air
toxics modeling procedures.
6. The
owner or operator shall provide such other pertinent information as may be
necessary for a complete understanding of the application that is being
reviewed.
Notes
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