La. Admin. Code tit. 33, § III-507 - Part 70 Operating Permits Program
A. Applicability. The effective date of this
Section shall be the date of full or interim approval by the United States
Environmental Protection Agency of the Louisiana Part 70 program consistent
with 40 CFR Part 70 . Notice of the date of EPA approval of the Louisiana Part
70 program shall be published in the next subsequent Louisiana
Register following such approval.
1.
The following sources are designated Part 70 sources and are required to obtain
a permit which will meet the requirements of this Section:
a. any major source as defined in LAC
33:III.502;
b. any nonmajor (area)
source of hazardous air pollutants required to obtain an operating permit
pursuant to regulations promulgated under Section 112 of the federal Clean Air
Act;
c. any nonmajor source
required to obtain an operating permit pursuant to regulations promulgated
under Section 111 of the
federal Clean Air Act;
d. any
affected source, as defined in LAC 33:III.502, pursuant to the acid rain
provisions of Title IV of the federal Clean Air Act; and
e. any solid waste incineration unit required
to obtain a permit pursuant to Section 129(e) of the federal Clean Air
Act.
2. The owner or
operator of any source exempt from the requirements to obtain a permit under
this Section may opt to apply for a permit under this Section.
3. Any permit issued under the requirements
of this Section shall incorporate all federally applicable requirements for
each emissions unit at the source.
B. Obligation to Operate under a Permit
1. Obtaining a permit in accordance with the
requirements of this Section shall fulfill the obligation of the owner and
operator of a Part 70 source to have a permit issued under the requirements of
Title V of the federal Clean Air Act (42 U.S.C. 7401 et seq.) and 40 CFR
Part 70.
2. No part 70 source may
operate after the time that the owner or operator of such source is required to
submit a permit application under Subsection C of this Section, unless an
application has been submitted by the submittal deadline and such application
provides information addressing all applicable sections of the application form
and has been certified as complete in accordance with LAC 33:III.517.B.1. No
part 70 source may operate after the deadline provided for supplying additional
information requested by the permitting authority under LAC 33:III.519, unless
such additional information has been submitted within the time specified by the
permitting authority. Permits issued to the part 70 source under this Section
shall include the elements required by
40 CFR 70.6. The
department hereby adopts and incorporates by reference the provisions of
40 CFR
70.6(a), July 1, 2021. Upon
issuance of the permit, the part 70 source shall be operated in compliance with
all terms and conditions of the permit. Noncompliance with any federally
applicable term or condition of the permit shall constitute a violation of the
Clean Air Act and shall be grounds for enforcement action; for permit
termination, revocation and reissuance, or revision; or for denial of a permit
renewal application.
C.
Initial Permit Applications
1. Existing
Sources. The owner or operator of any Part 70 source for which construction or
operation has begun prior to the effective date of this Section shall submit an
application for an initial Part 70 permit. Permit applications shall be
prepared in accordance with LAC 33:III.517 and with forms and guidance provided
by the permitting authority, and shall be submitted no later than one year
after the effective date of the Louisiana Part 70 program.
a. Owners and operators of Part 70 sources
may be required to submit initial Part 70 permit applications prior to the date
one year from the effective date of the Louisiana Part 70 program upon request
of the permitting authority. Notice of requests for submittal of permit
applications prior to one year from program approval shall be published in the
Louisiana Register and shall allow a reasonable time for
response, which shall be no less than 90 days from the date the request is
published. It is the intent of the permitting authority to take final action on
at least one-third of initial applications submitted for existing Part 70
sources annually over a period not to exceed three years after the effective
date of this Section.
b.
Notwithstanding the time periods for application submittal established in
Paragraph C.1 and Subparagraph C.1.a of this Section, permit applications for
affected Phase II sources under the federal Acid Rain Program shall be
submitted in accordance with the timeframes specified in LAC
33:III.505.D.2.
c. Final action on
any application containing an early reduction demonstration under Section
112(i)(5) of the Clean Air Act shall be taken within nine months of receipt of
the complete application.
2. New Sources. The owner or operator of any
source which will constitute a Part 70 source and for which construction will
commence after the effective date of the Louisiana Part 70 program shall submit
a permit application prior to construction and pursuant to LAC 33:III.517. The
application shall include all information required for applications pertaining
to a Part 70 source. Construction shall not begin prior to approval by the
permitting authority. Such approval may be provided either by authorization to
construct in accordance with LAC 33:III.501.C.3 or by issuance of the permit.
3. Newly Regulated Sources. The
owner or operator of any source that becomes subject to the requirements of
this Section after the effective date of the Louisiana Part 70 program due to
regulations promulgated by the administrator or by the Department of
Environmental Quality shall submit an application to the Office of
Environmental Services in accordance with the requirements established by the
applicable regulation. In no case shall the required application be submitted
later than one year from the date on which the source first becomes subject to
this Section.
D. Permit
Revisions
1. Transition Period. The following
provisions shall apply after the effective date of this Section and prior to
the issuance of the initial permit for a Part 70 source under this Section.
a. The terms and conditions of any permit or
exemption issued to a Part 70 source by the permitting authority prior to the
effective date of this Section shall remain in effect, unless otherwise
inconsistent with the provisions of this Chapter or revised in accordance with
this Chapter, until the initial permit under this Section for such Part 70
source is issued.
b. Any Part 70
source operating under grandfathered status on the effective date of this
Section may maintain such grandfathered status in the transition period
consistent with the provisions of LAC 33:III.501.B.6.
c. The owner or operator of any Part 70
source who intends to make a change at the source after the effective date of
this Section and prior to release of the initial proposed permit under this
Section shall submit any required notification, request, or permit application
in accordance with the provisions of this Chapter. The owner or operator shall
obtain any required permit revision to the existing air quality permit for such
source. If the application for an initial permit under this Section has already
been submitted, the owner or operator shall supplement and amend the pending
application consistent with LAC 33:III.517.C.
d. The permitting authority may revise any
existing permit, or for previously exempt or grandfathered sources may issue a
new permit, prior to issuance of an initial permit under this Section. To limit
duplicative permitting activities, the owner or operator or the permitting
authority may request that the initial permit under this Section be issued
timely with regard to the proposed change at the source.
2. The following provisions shall apply after
the issuance of the initial permit for a Part 70 source under this Section.
a. Revisions to the initial permit shall be
accomplished in accordance with the procedures provided for in LAC 33:III.521,
525, or 527.
b. Applications for
permit revisions for Part 70 sources shall be submitted prior to commencement
of any proposed construction or modification.
c. Prior to commencement of construction or
modification of a Part 70 source, the owner or operator shall obtain from the
permitting authority either written authorization to construct in accordance
with LAC 33:III.501.C.3 or a permit or permit revision.
E. Permit Duration, Expiration and
Renewal
1. Permits issued to any Part 70
source shall be effective for a duration of five years from the effective date
of the permit. Permits are effective on the date of issuance, unless a later
date is specified therein.
2. The
starting date of the five-year permit duration is not altered by any revision
or reopening of the permit which affects only a portion of the permit.
Reopenings or revisions which require DEQ and EPA review as well as affected
state and public notice of an entire permit shall establish the start of a new
five-year permit duration, except in the case of acid rain permits.
3. Unless renewed in accordance with this
Section, permits issued under this Section shall expire at the end of the
effective duration. Permit expiration terminates the owner's and operator's
right to operate the source, consistent with Subsection B of this Section,
unless a timely and complete renewal application has been submitted pursuant to
the following paragraph, or for Phase II repowering extensions, in accordance
with LAC 33:III.505.H.3. Terms and conditions of the existing permit shall
remain in effect until such time as the permitting authority takes final action
on the application for renewal.
4.
Any permit application to renew an existing permit shall be submitted at least
six months prior to the date of permit expiration, or at such earlier time as
may be required by the existing permit or approved by the permitting authority.
In no event shall the application for permit renewal be submitted more than 18
months before the date of permit expiration.
5. Any permit being renewed shall be subject
to the same procedural requirements that apply to initial permit issuance, as
found in LAC 33:III.519.
F. Changes Requiring State-Only Permit
Revisions
1. Any change at a Part 70 source
which is not addressed or prohibited in the federally enforceable terms and
conditions of the permit may be designated as a state-only change, and may be
made without a revision to the federally enforceable terms and conditions
currently existing in the permit, provided that the change:
a. shall meet all applicable standards and
requirements;
b. does not violate
any existing federally enforceable permit term or condition;
c. is not subject to any requirement under
Title IV of the Clean Air Act;
d.
is not a Title I modification; and
e. shall not be protected by a permit shield
under LAC 33:III.507.I.
2. Designation of a change as state-only
affects only the federal requirements for processing of the change under 40 CFR
Part 70, and does not relieve the owner or operator of the source from the
obligation to comply with all applicable state preconstruction review and
permitting requirements. Any change designated as state-only will be treated as
appropriate under state permitting requirements.
3. The owner or operator of a Part 70 source
who plans to initiate a change meeting the criteria established in Paragraph
F.1 of this Section may submit a request to the permitting authority that the
change be designated state-only. Such request shall be accompanied by any
notification or application required pursuant to LAC 33:III.511 or
517.
4. Any submittal pertaining to
a change designated as state-only pursuant to Paragraph F.3 of this Section
shall be submitted by the applicant to EPA and shall be maintained on file by
the applicant in fulfillment of the obligation to provide written notice and to
keep records under
40 CFR
70.4(b)(14).
G . Operational Flexibility
1. Nothing in this Subsection shall be
construed to relieve the owner or operator of a Part 70 source from complying
with all applicable requirements and regulations, including all applicable
state and federal preconstruction review and permitting requirements.
2. Changes which Contravene a Permit Term.
The owner or operator of a Part 70 source may institute a change at the
permitted facility which contravenes an express federally enforceable permit
term or condition without revising the existing federally enforceable permit
terms and conditions, provided:
a. the change
will not violate any applicable requirement;
b. the change will not result in an
exceedance of emissions allowable under the permit, whether expressed therein
as a rate of emissions or in terms of total emissions;
c. the change will not contravene any
testing, monitoring, recordkeeping, reporting, or compliance certification
requirements of the existing permit;
d. the change will not constitute a
Title I Modification, as defined in LAC 33:III.502, and is not
to an acid rain permit term or condition; and
e. at least seven days prior to making the
change, the owner or operator will provide written notice to the administrator
and to the permitting authority which shall include a description of the
change, the date on which the change will occur, any change in emissions, and
any permit term or condition that is no longer applicable as a result of the
change. The source, the permitting authority, and EPA shall each attach the
written notice to their copy of the permit.
3. Terms Allowing for Emissions Trading under
a Cap. Upon request of the owner or operator, the permitting authority shall
include in the federally enforceable terms of the permit provisions allowing
for the trading of emissions increases and decreases in the permitted facility
solely for the purpose of complying with a federally enforceable emissions cap
that is established in the permit independent of otherwise applicable
requirements, provided:
a. the permit
applicant shall include in its application proposed replicable procedures and
permit terms that ensure the emissions trades are quantifiable and
enforceable;
b. the permitting
authority shall include in the emissions trading provisions only those
emissions units for which emissions are verifiable and quantifiable and for
which there are replicable procedures to enforce the emissions
trades;
c. the permit shall require
compliance at all times with all applicable requirements at the source. The
owner or operator shall provide seven-day written notice to the administrator
and to the permitting authority prior to making a trade in emissions. Such
notice shall state when the change will occur and shall describe the changes in
emissions that will occur and how these increases and decreases in emissions
will comply with the terms and conditions of the permit. The source, the
permitting authority, and EPA shall each attach the written notice to their
copy of the permit.
4.
Alternative Emission Limits under the SIP. The owner or operator of a Part 70
source may utilize emissions trading or alternative emission limits to comply
with the State Implementation Plan as follows.
a. In cases where the State Implementation
Plan allows a determination of an alternative emission limit equivalent to that
contained in the plan, the owner or operator may request that such an
alternative emission limit be specified in the permit. Any such request shall
demonstrate, in the permit application, accountable, enforceable, and based on
replicable procedures, and shall propose permit terms and conditions to satisfy
these requirements.
b. In cases
where the State Implementation Plan provides for emission trades without a
permit revision, the owner or operator may trade increases and decreases in
emissions at the permitted facility where the permit does not already allow
such trading, provided a seven-day notice is submitted as prescribed by
40 CFR
70.4(b)(12)(ii). The source,
the permitting authority, and EPA shall each attach the written notice to their
copy of the permit. Within 180 days of implementing the emissions trading,
permit terms and conditions satisfying the requirements of Subparagraph G.4.a
of this Section shall be incorporated into the permit.
5. Alternative Operating Scenarios. The owner
or operator of a Part 70 source may operate such source under any operating
scenario incorporated in the applicable permit. Contemporaneous with making a
change from one operating scenario to another, the owner or operator shall
record in a log at the permitted facility a record of the scenario under which
it is operating. Any reasonably anticipated alternative operating scenarios may
be identified by the owner or operator through a permit application submitted
in accordance with LAC 33:III.517, and included in the permit as approved by
the permitting authority.
H. Compliance Measures and Certifications of
Compliance. Each permit issued to a Part 70 source shall include the following
elements with regard to compliance:
1.
compliance certification, testing, monitoring, reporting, and recordkeeping
requirements sufficient to assure compliance with the terms and conditions of
the permit as required by
40 CFR
70.6(a)(3), including:
a. where an applicable requirement does not
require periodic testing or instrumental or noninstrumental monitoring (which
may consist of recordkeeping designed to serve as monitoring), periodic
monitoring sufficient to yield reliable data from the relevant time period that
are representative of the source's compliance with the permit, as reported
pursuant to
40 CFR
70.6(a)(3)(iii). Such
monitoring requirements shall assure use of terms, test methods, units,
averaging periods, and other statistical conventions consistent with the
applicable requirement. Recordkeeping provisions may be sufficient to meet the
requirements of this Subparagraph;
b. for any document required to be submitted
under this Paragraph, a certification by a responsible
official as defined in LAC 33:III.502 and required by LAC
33:III.517.B.1;
2.
inspection and entry requirements sufficient to allow the permitting authority
or an authorized representative to enter the property where the Part 70 source
is located and to perform inspections of records, facilities, equipment,
practices, or operations regulated or required under the permit and to perform
any other inspection or monitoring activity authorized by the Clean Air Act or
by the Louisiana Environmental Quality Act;
3. a schedule of compliance consistent with
LAC 33:III.517.E.4;
4. a
requirement for progress reports to be submitted to the Office of Environmental
Compliance at least semiannually, or at a more frequent period if specified in
the applicable requirement. Such progress reports shall contain the following:
a. dates for achieving the activities,
milestones, or compliance required in the schedule of compliance and dates when
such activities, milestones, or compliance were achieved; and
b. an explanation of why dates in the
schedule of compliance were not or will not be met, and any preventive or
corrective measures adopted;
5. requirements for compliance certification
with terms and conditions contained in the permit, including emission
limitations, standards, or work practices. Permits shall include each of the
following:
a. the frequency (not less than
annually or such more frequent periods as specified in the applicable
requirement or by the permitting authority) of submissions of compliance
certifications;
b. a means for
monitoring the compliance of the source with its emissions limitations,
standards, and work practices;
c. a
requirement that the compliance certification include the following:
i. the identification of each term or
condition of the permit that is the basis of the certification;
ii. the compliance status;
iii. whether compliance was continuous or
intermittent;
iv. the method(s)
used for determining the compliance status of the source; and
v. such other facts as the permitting
authority may require to determine the compliance status of the
source;
d. a requirement
that all compliance certifications be submitted to the administrator as well as
to the Office of Environmental Compliance; and
e. such additional requirements as may be
specified pursuant to
Sections
504(b) of the
Clean Air Act; and
6.
such other provisions as the permitting authority may require.
I. Permit Shields
1. Requests. The owner or operator of any
Part 70 source may include in the permit application a request that the permit
incorporate a permit shield for explicitly stated federally applicable
requirements provided that the shield shall not affect applicable requirements
of the federal Acid Rain Program and that the request pertains only to one or
more of the following:
a. applicability
determinations of standards and requirements under the following federal
programs:
i. New Source Performance Standards
(NSPS);
ii. Prevention of
Significant Deterioration (PSD);
iii. Nonattainment New Source Review
(NNSR);
iv. Hazardous Air
Pollutants (MACT/NESHAP);
b. interpretations regarding the frequency of
and procedures for monitoring, recordkeeping, and reporting provisions of
federally applicable requirements; and
c. interpretations regarding appropriate
means of compliance when more than one federal requirement applies to the same
emissions unit at a source.
2. Action on Requests
a. The permitting authority shall have full
discretion in determining whether to grant or deny any permit shield request or
any portion thereof.
b. A statement
indicating that a permit shield is incorporated in the proposed permit shall
appear in the public notice provided for under LAC 33:III.531. A permit shield
shall not be granted without prior public notice and shall not extend to any
permit term or condition which has not undergone public notice.
c. A permit that does not expressly state
that a permit shield exists shall be presumed not to provide such a
shield.
3. Effect of the
Permit Shield
a. Any permit shield granted by
the permitting authority shall explicitly state that compliance with specified
permit terms and conditions shall be deemed compliance with specified
corresponding federally applicable requirements. Additionally, for shields
pertaining to applicability determinations, the shield may state that specified
federal requirements are not applicable to the source provided that the permit
shall contain the applicability determination.
b. The issuance of a shield shall not affect
enforcement or compliance determinations or liability for any activity or
violation of applicable requirements prior to or at the time of permit
issuance.
c. The issuance of a
shield shall not affect the provisions of
Section
303 (Emergency Orders) or
Section 114 (Inspections, Monitoring, and Entry) of the Clean Air Act,
including the authority of the administrator under those sections.
d. A permit shield shall not be construed or
utilized to guarantee emission control efficiency of any control equipment or
operating scheme.
4.
Revocation or Revision of the Permit Shield
a.
If any determination or interpretation made pursuant to Paragraph I.1 of this
Section is determined to have been based upon inaccurate data or information
pertaining to the source, the corresponding provision of the permit shield may
be deemed invalid fro m the time of issuance by the permitting authority
without regard to willful or knowing intent of the owner or operator upon
submittal of the inaccurate data.
b. The permitting authority shall have full
discretion to reopen the permit and to terminate or revise the permit shield at
any time under LAC 33:III.529.
J. Upset Provisions
1. For the purposes of this Subsection, an
upset is any situation arising from sudden and reasonably
unforeseeable events beyond the control of the owner or operator, including
acts of God, which situation requires immediate corrective action to restore
normal operation and that causes the source to exceed a technology-based
emissions limitation under the permit due to unavoidable increases in emissions
attributable to the situation. An upset shall not include noncompliance to the
extent caused by improperly designed equipment, lack of preventative
maintenance, careless or improper operation, or operator error.
2. An upset constitutes an affirmative
defense to an action brought for noncompliance with such technology-based
emissions limitations provided the owner or operator demonstrates through
properly signed, contemporaneous operating logs or other relevant evidence
that:
a. an upset occurred and that the owner
or operator can identify the cause(s) of the upset;
b. the permitted facility was at the time
being properly operated;
c. during
the period of the upset the operator took all reasonable steps to minimize
levels of emissions that exceeded the emissions standards and other
requirements in the permit; and
d.
the owner or operator notified the permitting authority in accordance with LAC
33:I.Chapter 39.
3. In
any enforcement proceeding, the owner and operator seeking to establish the
occurrence of an upset has the burden of proof.
4. The provisions of this Subsection are in
addition to any emergency or upset provisions contained in any applicable
requirement.
5. The provisions of
this Subsection do not apply to acid rain emission limitations.
Notes
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