La. Admin. Code tit. 33, § III-523 - Procedures for Incorporating Test Results
A. Permit Amendments or Modifications. The
owner or operator of any facility permitted under this Chapter shall request a
permit amendment or modification to reflect the results of any testing required
or approved by the permitting authority, if such testing demonstrates that the
terms and conditions of the existing permit are inappropriate or inaccurate.
The request, together with all information necessary to process such request,
shall be submitted within 90 days of obtaining the relevant test results.
1. Administrative Amendments. Changes to
incorporate test results may be incorporated into the permit as an
administrative amendment if all of the following criteria are met:
a. the changes are a result of tests
performed upon start-up of newly constructed, installed, or modified equipment
or operations;
b. increases in
permitted emissions will not exceed 5 tons per year for any criteria or toxic
air pollutant;
c. increases in
permitted emissions of Louisiana toxic air pollutants or of federal hazardous
air pollutants would not constitute a modification under LAC 33:III.Chapter 51
or under Section 112(g) of the Clean Air Act ;
d. changes in emissions would not require new
source review for prevention of significant deterioration or nonattainment, and
would not trigger the applicability of any federally applicable
requirement;
e. changes in
emissions would not qualify as a significant modification ;
f. the request is submitted no later than 12
months after commencing operation; and
g. the permit contains a term which provides
for the incorporation of test results by administrative amendment in accordance
with this Paragraph A.1 of this Section.
2. Permit Modifications. Any change to
incorporate test results which would not meet the criteria established in
Paragraph A.1 of this Section shall be incorporated into the permit in
accordance with the appropriate procedures for minor or significant
modifications.
B.
Temporary Exemption for Testing
1. The
administrative authority may, on behalf of the Department of Environmental
Quality, grant temporary exemptions, not to exceed three months in duration,
from the requirement to revise the permit prior to making a change in emissions
in order to allow tests to determine the effect of the proposed modification on
emission rates. This temporary exemption may be allowed only in cases where
such an exemption is not prohibited under 40 CFR Part 70 or under any federally
applicable requirement and where the effect of the proposed modification cannot
reliably be determined from calculations or from published technical literature
but is not expected to place ambient air standards in jeopardy during the
testing period.
2. Persons
requesting permission to test under these provisions shall submit the
information specified in LAC 33:III.517 (with the exception of the data being
measured in the test ). Tests will be conducted for the minimum duration
consistent with obtaining valid results.
3. At least 30 days prior to performing any
emission test , notification of testing shall be made to the Office of
Environmental Services to afford the department the opportunity to conduct a
pretest conference and to have an observer present.
4. Within 60 days of test completion, the
administrative authority shall be given a report detailing the conditions that
were found to exist. If there is to be no permanent change in emissions from
pretest conditions, that should be stated.
5. If there is to be a permanent change made
that increases emissions, all applicable requirements of this Chapter must be
met. If emissions are to be reduced by the modification , the requirements of
LAC 33:III.511 are applicable.
Notes
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