La. Admin. Code tit. 33 § III-517

Current through Register Vol. 50, No. 8, August 20, 2024

Section III-517 - Permit Applications and Submittal of Information

A. Timely Submittal

1. Any permit application pertaining to a new or modified source shall be submitted prior to commencement of construction, reconstruction, or modification of the source. Construction, reconstruction, or modification of any source required to be permitted under this Chapter shall not commence prior to approval by the permitting authority.

2. For Part 70 sources, permit applications for an initial permit issued in accordance with LAC 33:III.507 shall be submitted by the date established for submittal in accordance with LAC 33:III.507.C. A copy of each permit application pertaining to a major Part 70 source shall be provided to EPA by the owner or operator at the time the application is submitted to the permitting authority.

3. For any source for which grandfathered status has expired due to a change in ownership, the permit application shall be submitted by a date specified by the permitting authority, which shall allow at least 90 days from the date of notification of the change in ownership pursuant to Subsection G of this Section.

B. Certification

1. Any application form, report, or compliance certification submitted under this Chapter shall contain certification by a responsible official of truth, accuracy, and completeness. The certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information contained in the application are true, accurate, and complete.

2. Any application pertaining to a Part 70 source shall include a compliance certification and provisions for future compliance certifications as follows:

a. a certification of compliance with all applicable requirements by a responsible official consistent with Paragraph B.1 of this Section and Section 114(a)(3) of the Clean Air Act;

b. a statement of methods used for determining compliance, including a description of monitoring, recordkeeping, and reporting requirements and test methods;

c. a schedule for submission of compliance certifications during the permit duration, to be submitted at least annually or more frequently if specified by the underlying federally applicable requirement or by the permitting authority; and

d. a statement indicating the source's compliance status with any applicable enhanced monitoring and compliance certification requirements of the Clean Air Act.

3. Any permit application for a major source, including Part 70 applications, shall be prepared by or under the supervision of a person properly qualified to perform engineering work as provided in the Louisiana Professional Engineers and Land Surveyors Registration Act. The application shall be certified by a professional engineer, as defined in the above named act, or by a responsible person authorized to act on behalf of the professional engineer. All other permit applications shall be certified by a responsible facility official or his/her designee.

C. Duty to Supplement or Correct. Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit application shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant shall provide additional information as necessary to address any requirements that become applicable to the source after the date it filed a complete application but prior to release of a proposed permit.

D. Contents of Application. Applications for permits shall be submitted in accordance with forms and guidance provided by the permitting authority. In addition, forms can be obtained through the department's website. At a minimum, each permit application submitted under this Chapter shall contain the following:

1. identifying information, including company name, physical address and mailing address, facility name and address if different from the company, a map showing the location of the facility, owner's and operator's names and agent, and telephone number and name of plant manager or contact;

2. a description of the source's processes and products, including standard industrial classification code, and EPA source category of hazardous air pollutants if applicable;

3. information regarding emissions from the source of all regulated air pollutants, including:

a. the identity and location of each point of emissions;

b. the size and height of the outlets of such emissions;

c. the temperature of the emissions;

d. the rate of emissions of each pollutant, in tons per year and in such terms as are necessary to establish compliance consistent with applicable test methods;

e. the composition and description of the air pollutants being emitted from each point; and

f. the composition and description of fugitive emissions, including equipment leaks and nonpoint source emissions, as determined from test results or best available technical data;

4. identification and description of compliance monitoring devices or activities;

5. if the application pertains to a permit revision and/or a modification at the facility, a description of the proposed change and any resulting changes in emissions;

6. identification and description of pollution control equipment utilized or proposed to be utilized and any other methods which will be taken to minimize emissions of air pollutants, including the estimated efficiency of such equipment and methods;

7. information regarding fuels, fuel use, raw materials, production rates, and operating schedules;

8. information regarding any limitations on source operation or any applicable work practice standards;

9. calculations on which the information in the application is based, provided in sufficient detail to allow a determination of the appropriateness and accuracy of such calculations;

10. citation and description of all applicable Louisiana and federal air quality requirements and standards;

11. description of or reference to any applicable test methods for determining compliance with each applicable requirement or standard;

12. for any application pertaining to a major source of toxic air pollutants, information regarding the compliance history of sources owned or operated by the applicant, in accordance with LAC 33:III.5111;

13. for any application pertaining to a major source of toxic air pollutants, a demonstration that the source meets all applicable maximum achievable control technology (MACT) and ambient air standard requirements;

14. information regarding the ambient air impact of criteria pollutants as required for the source impact analysis pursuant to LAC 33:III.509.K, L, and M;

15. at the request of the permitting authority, a detailed analysis of ambient air impacts shall be provided. Any dispersion modeling performed to evaluate compliance with ambient air standards shall be conducted according to protocols approved by the permitting authority;

16. other information which is required by any applicable federal or Louisiana regulations, or which may be necessary to implement and enforce applicable requirements of the federal Clean Air Act or federal or Louisiana regulations, or which may be necessary to determine the applicability of such requirements;

17. any information needed to assess and collect permit application and annual maintenance fees owed in accordance with LAC 33:III.Chapter 2; and

18. such other data as may be necessary for a thorough evaluation of the source and existing or proposed activities.

E. Additional Application Requirements for Part 70 Sources. In addition to those elements listed under Subsection D of this Section, each application pertaining to a Part 70 source shall include the following:

1. a description of the compliance status of the source with all applicable requirements;

2. for applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements;

3. for applicable requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis;

4. for applicable requirements with which the source is not in compliance at the time of permit application submittal, a narrative description of how the source will achieve compliance and a compliance schedule. The compliance schedule shall include an enforceable sequence of dates by which specific actions will occur at the source, leading to compliance with all applicable requirements. The compliance schedule shall include dates for submittal of certified progress reports no less frequently than every six months. The schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order or compliance order to which the source is subject. The schedule shall be supplemental to and shall not sanction noncompliance with the applicable requirements on which it is based;

5. for affected sources under the federal Acid Rain Program, the requirements of Paragraphs E.1-4 of this Section shall apply and be included in the acid rain portion of the compliance plan, except as specifically superseded by regulations promulgated under Title IV of the Clean Air Act with regard to the schedule and methods the source will use to achieve compliance with the acid rain emissions limitations;

6. a listing and explanation of any proposed exemptions from otherwise applicable requirements;

7. if a permit shield is requested in accordance with LAC 33:III.507.I, an explicit request for the shield, listing those federally applicable requirements for which the shield is requested and the corresponding draft permit terms and conditions by which the owner or operator proposes to maintain compliance. A narrative summary of any applicability determinations pertaining to the shield, together with any relevant data or calculations, shall be included in the request; and

8. identification of any reasonably anticipated alternative operating scenarios for which the applicant is applying. Such identification shall include sufficient information to develop permit terms and conditions for each scenario, including source process and emissions data.

F. Confidential Information. Provisions for confidential information may be found in LAC 33:I.Chapter 5.

G. Change of ownership shall be done in accordance with LAC 33:I.Chapter 19.

H. Additional requirements for permits and transfer of ownership of permits are provided in LAC 33:I.1701. Requirements of LAC 33:I.1701 are not applicable to permit modifications, unless such modifications include or are limited to a change of ownership.

La. Admin. Code tit. 33, § III-517

Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 19:1420 (November 1993), amended LR 20:1375 (December 1994), amended by the Office of the Secretary, LR 22:344 (May 1996), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 23:405 (April 1997), LR 23:1677 (December 1997), amended by the Office of the Secretary, LR 25:661 (April 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2448 (November 2000), amended by the Office of Environmental Assessment, LR 30:2021 (September 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2430 (October 2005).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054.