La. Admin. Code tit. 33 § III-502
Affected Source- a source that includes one or more affected units regulated by the federal Acid Rain Program established pursuant to Title IV of the federal Clean Air Act.
Affected State- any state contiguous to Louisiana whose air quality may be affected or any state which is within 50 miles of the source for which a Part 70 permit, permit revision, or permit renewal is being proposed.
Affected Unit- a unit that is subject to any acid rain emissions reduction requirement or acid rain emissions limitation pursuant to Title IV of the Clean Air Act.
Clean Air Act-the federal Clean Air Act, as amended, 42 U.S.C 7401 et seq.
CO2Equivalent Emissions (CO2e) - the emitted amount of greenhouse gases (GHGs) computed by multiplying the mass amount of emissions for each of the six GHGs by its associated global warming potential, published in Table A-1 to Subpart A of 40 CFR Part 98-Global Warming Potentials, and summing the resultant value for each (see greenhouse gases (GHGs)).
DEQ- the Department of Environmental Quality.
Designated Representative- a responsible natural person authorized by the owners and operators of an affected source and of all affected units at the source, as evidenced by a certificate of representation submitted in accordance with Subpart B of 40 CFR Part 72, to represent and legally bind each owner and operator, as a matter of federal law, in matters pertaining to the Acid Rain Program. Whenever the term responsible official is used in 40 CFR Part 70 or in any other regulations implementing Title V of the Act, it shall be deemed to refer to the designated representative with regard to all matters under the Acid Rain Program.
Emissions Unit- any part or activity of a stationary source that emits or has the potential to emit any regulated air pollutant or any hazardous air pollutant listed under Section 112(b) of the Clean Air Act. With regard to equipment leaks, all components from which such emissions may occur may be considered in the aggregate to be a single emissions unit. This term is not meant to alter or affect the definition of the term unit for the purposes of Title IV of the Clean Air Act.
EPA- the United States Environmental Protection Agency, its administrator or the administrator's designee.
Federally Applicable Requirement- all of the following (including requirements which have been promulgated or approved by EPA through rulemaking at the time of permit issuance but which have future effective dates) as they apply to a source regulated under this Chapter:
a. any standard or other requirement provided for in the Louisiana State Implementation Plan approved or promulgated by EPA through rulemaking under Title I of the Clean Air Act that implements the relevant requirements of the Clean Air Act, including any revisions to that plan promulgated in 40 CFR Part 52, Subpart T;
b. any term or condition of any preconstruction permits issued pursuant to regulations approved or promulgated through rulemaking under Title I of the Clean Air Act, including Part C (Prevention of Significant Deterioration) or D (Nonattainment);
c. any standard or other requirement under Section 111 (New Source Performance Standards) of the Clean Air Act, including Section 111(d) (Existing Source Performance Standards);
d. any standard or other requirement under Section 112 (Hazardous Air Pollutants) of the Clean Air Act, including any requirement concerning accident prevention under Section 112(r)(7) of the Clean Air Act;
e. any standard or other requirement of the Acid Rain Program under Title IV of the Clean Air Act or of the regulations promulgated thereunder;
f. any requirements established pursuant to Section 504(b) (Monitoring and Analysis) or Section 114(a)(3) (Enhanced Monitoring and Compliance Certification) of the Clean Air Act;
g. any standard or other requirement governing solid waste incineration under Section 129 (Solid Waste Combustion) of the Clean Air Act;
h. any standard or other requirement for consumer and commercial products under Section 183(e) (Control of Emissions, Federal Ozone Measures) of the Clean Air Act;
i. any standard or other requirement for tank vessels under Section 183(f) (Tank Vessel Standards) of the Clean Air Act;
j. any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Clean Air Act, unless the administrator has determined that such requirements need not be contained in a Title V permit; and
k. any national ambient air quality standard or increment or visibility requirement under Part C of Title I of the Clean Air Act, but only as it would apply to temporary sources permitted pursuant to Section 504(e) of the Clean Air Act.
Final Permit- the version of a permit which is issued by the permitting authority after all required public notice and affected state and EPA review procedures have been completed in accordance with the requirements of LAC 33:III.531 and 533.
Fugitive Emissions- those emissions which do not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.
General Permit- a single permit, intended to cover numerous similar sources or activities at different locations, which is issued according to the requirements of LAC 33:III.513.A.
Greenhouse Gases (GHGs)-an air pollutant defined as the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride
Major Source-for the purposes of determining the applicability of 40 CFR part 70 or of LAC 33:III.507, any stationary source or any group of stationary sources that are located on one or more contiguous or adjacent properties, that are under common control of the same person (or persons under common control) that belong to a single major industrial grouping, and that are described in Subparagraph a, b, or c of this definition. For the purposes of defining major source, a stationary source or group of stationary sources shall be considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same major group (i.e., all have the same two-digit code), as described in the Standard Industrial Classification (SIC) Manual, 1987. For onshore activities belonging to SIC major group 13: oil and gas extraction, pollutant emitting activities shall be considered adjacent if they are located on the same surface site as defined in 40 CFR 63.761, or if they are located on surface sites that are located within 0.25 miles of one another (measured from the center of the equipment on the surface site) and they share equipment. Shared equipment includes, but is not limited to, produced fluids storage tanks, phase separators, natural gas dehydrators, or emissions control devices.
a. a major source under Section 112 of the Clean Air Act, which is defined as:
i. for pollutants other than radionuclides, any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, 10 tons per year (tpy) or more of any hazardous air pollutant which has been listed pursuant to Section 112 of the Clean Air Act, 25 tpy or more of any combination of such hazardous air pollutants, or such lesser quantity as the administrator may establish by rule. Notwithstanding the preceding sentence, hazardous air pollutant emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources under this Subparagraph; or
ii. for radionuclides, major source shall have the meaning specified by the administrator by rule;
b. any stationary source that directly emits or has the potential to emit 100 tpy or more of any regulated air pollutant (except for GHGs) excluding any air pollutant regulated solely under Section 112(r) of the Clean Air Act. Fugitive emissions of a stationary source shall be considered in determining whether it is a major source under this Subparagraph:
i. for those source categories listed in Table A of LAC 33:III.509; and
ii. for all other stationary source categories, which as of August 7, 1980, are being regulated by a standard promulgated under Section 111(NSPS) (Hazardous Air Pollutants) of the Clean Air Act;
c. any major stationary source as defined in part D (nonattainment) of title I of the Clean Air Act, including any source defined as a major stationary source under LAC 33:III.504.K.
d. Repealed.
Nonroad Engine-
a. Except as discussed in Subparagraph b of this definition, a nonroad engine is any internal combustion engine:
i. used in or on a piece of equipment that is self-propelled or serves a dual purpose by both propelling itself and performing another function (such as garden tractors, off-highway mobile cranes, and bulldozers);
ii. used in or on a piece of equipment that is intended to be propelled while performing its function (such as lawnmowers and string trimmers); or
iii. that, by itself or in or on a piece of equipment, is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Indications of transportability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform.
b. An internal combustion engine is not a nonroad engine if:
i. the engine is used to propel a motor vehicle, an aircraft, or equipment used solely for competition;
ii. the engine is regulated by a federal New Source Performance Standard promulgated under section 111 of the Act ( 42 U.S.C. 7411 ); or
iii. the engine otherwise included in Clause a.iii of this definition remains or will remain at a location for more than 12 consecutive months or a shorter period of time for an engine located at a seasonal source. A location is any single site at a building, structure, facility, or installation. Any engine (or engines) that replaces an engine at a location and that is intended to perform the same or similar function as the engine replaced will be included in calculating the consecutive time period. An engine located at a seasonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. A seasonal source is a stationary source that remains in a single location on a permanent basis (i.e., at least two years) and that operates at that single location for approximately three months (or more) each year. [Note: Clause b.iii of this definition does not apply to an engine after it is removed from the location.]
a.Well- an orifice in the ground, including the wellhead, from which crude oil, condensate, or natural gas is produced. The wellhead shall include the assembly of valves, pipes, and fittings used to control the flow of oil, condensate, or natural gas.
b.Pipeline- all parts of those facilities, including pipe, connectors, valves, and other appurtenance attached to pipe, through which crude oil, condensate, natural gas, or refined petroleum products move in transport from one stationary source to another. Pipeline shall not include those facilities directly associated with storage, refinement, or treatment of such substances, or facilities used to impart the energy to transport such substances from one point to another, or any equipment or pipe located at the stationary source which is receiving such substances.
a. any major source as defined in this Section;
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(NSPS) of the federal Clean Air Act;
d. any affected source, as defined in this Section, 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.
Permit Modification- any permit revision which incorporates a minor modification or significant modification pursuant to LAC 33:III.525 or 527.
Permit Renewal (or Renewal)- the reissuance of a permit at the end of its duration in accordance with LAC 33:III.507.E.
Permit Revision (or Revision)- any administrative amendment, minor modification, or significant modification to a permit.
Permitting Authority- the secretary, or designee, of the Department of Environmental Quality.
Potential to Emit- the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air 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 if:
a. the limitation is enforceable by the administrator, when the potential to emit is being considered with regard to federally applicable requirements; or
b. the limitation is enforceable by the department when the potential to emit is being considered with regard to state applicable requirements.
a. nitrogen oxides;
b. volatile organic compounds;
c. any pollutant for which a National Ambient Air Quality Standard has been promulgated;
d. any pollutant subject to a standard under Section 111(NSPS) of the Clean Air Act;
e. any Class I or II substance subject to a standard promulgated under or established by Title VI (Stratospheric Ozone Protection) of the Clean Air Act;
f. any pollutant regulated pursuant to Section 112 (Hazardous Air Pollutants) of the Clean Air Act;
g. any pollutant subject to review under Prevention of Significant Deterioration, LAC 33:III.509, including hydrogen sulfide, sulfuric acid mist, total reduced sulfur, and reduced sulfur compounds;
h. for the purposes of permitting requirements pursuant to LAC 33:III.Chapter 51, regulated air pollutants shall include all Louisiana toxic air pollutants listed in LAC 33:III.5112, Table 51.1 or 51.3.
a. for a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either:
i. the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or
ii. the delegation of authority to such representatives is approved by the permitting authority prior to submittal of any certification by such person;
b. for a partnership or sole proprietorship: a general partner or the proprietor, respectively. If a general partner is a corporation, the provisions of Subparagraph a of this definition apply;
c. for a municipality, state, federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this definition, a principal executive officer of a federal agency includes the chief executive officer having a responsibility for the overall operations of a principal geographic unit of the agency; or
d. for affected sources:
i. the designated representative in so far as actions, standards, requirements, or prohibitions under Title IV of the Clean Air Act or 40 CFR Parts 72 and 75 are concerned; and
ii. the designated representative for any other purposes under 40 CFR Part 70 or LAC 33:III.507.
State-Only Change- any change that is not addressed or prohibited under the federally enforceable terms and conditions of the permit, and for which a permit revision is not required under 40 CFR Part 70, but for which a permit revision is required by the department under this Chapter.
Stationary Source- any building, structure, facility, or installation which emits or may emit any air pollutant subject to regulation under this Chapter.
Title I Modification-any physical change or change in the method of operation of a stationary source which increases the amount of any regulated air pollutant emitted or which results in the emission of any regulated air pollutant not previously emitted and which meets one or more of the following descriptions.
a. The change will constitute a modification as described in 40 CFR 60.14 and therefore result in the applicability of a standard of performance for new stationary sources promulgated pursuant to section 111 of the Clean Air Act.
b. The change will result in a significant net emissions increase under the prevention of significant deterioration (PSD) program, as defined in LAC 33:III.509.B.
c. The change will result in a significant net emissions increase under the program for nonattainment new source review, as defined in LAC 33:III.504.
d. The change will result in the applicability of a maximum achievable control technology (MACT) determination pursuant to regulations promulgated under section 112(g) (modifications, hazardous air pollutants) of the Clean Air Act.
La. Admin. Code tit. 33, § III-502