La. Admin. Code tit. 33 § III-525

Current through Register Vol. 50, No. 5, May 20, 2024

Section III-525 - Minor Modifications

A. Minor Modification Criteria

1. For any source which is not a Part 70 source or for any application for a state-only change at a Part 70 source, minor modification procedures may be utilized for any change which does not require public notice.

2. For any application at a Part 70 source which does not qualify as a state-only change, minor modification procedures may be utilized for any change or modification that:

a. would not violate any federally applicable requirement or standard or any applicable provisions of LAC 33:III, Air Quality Regulations;

b. would not constitute a Title I modification;

c. would not involve significant changes to existing monitoring, reporting, or recordkeeping requirements;

d. would not seek to establish or alter emission limits which incorporate a case-by-case determination of MACT under Section 112(g) of the Clean Air Act or an alternative emissions limit under Section 112(i)(5) of the Clean Air Act or an equivalency determination of RACT;

e. would not seek to establish or change a permit term or condition for which there is no underlying federally applicable requirement and that the owner or operator has assumed solely to avoid a federally applicable requirement;

f. would not seek to establish or exceed an enforceable emissions cap assumed to establish minor source status or to avoid classification as a Title I modification; and

g. is not otherwise determined by the permitting authority to be a significant modification.

3. Notwithstanding Paragraph A.2 of this Section, minor permit modification procedures may be used for permit modifications incorporating the use of economic incentives, marketable permits, emissions trading, and other similar approaches to the extent that such procedures are explicitly provided for in the State Implementation Plan or in federally applicable requirements.

B. Minor Modification Procedures

1. Any application requesting a minor modification shall be submitted prior to making the proposed change at the source. The change shall not be made prior to approval by the permitting authority.

2. The application shall include those elements listed in LAC 33:III.517 and shall also include:

a. a listing of any new applicable requirements that will apply as a result of the change;

b. certification by a responsible official that the proposed modification meets the criteria listed in Subsection A of this Section and a request that minor modification procedures be used; and

c. for Part 70 sources, the owner or operator's suggested draft permit and completed forms for the permitting authority to use to notify affected states.

3. For any applications pertaining to a major Part 70 source, the owner or operator shall submit a copy of the application to the permitting authority and to the administrator concurrently.

4. For any applications pertaining to major Part 70 sources, the permitting authority shall notify any affected state within five working days of receipt of a complete minor modification application.

5. Within 90 days of receipt of a complete application under this Section pertaining to a Part 70 source, the permitting authority shall perform a technical review and shall do one of the following:

a. issue the revised permit incorporating the modification as drafted by the owner or operator of a Part 70 source;

b. write or revise the draft permit modification as appropriate and issue the revised permit (For Part 70 sources, the permitting authority shall submit a copy of the revised permit to the administrator.);

c. notify the applicant that the request does not qualify as a minor modification and must be processed as a significant modification; or

d. notify the applicant that the request is denied.

6. For any minor modification pertaining to a change which affects federally enforceable permit terms and conditions at a Part 70 source, the terms of the permit revision shall not be federally enforceable pursuant to 40 CFR Part 70 until after the required EPA 45-day review period has expired or until EPA has notified the permitting authority that EPA will not object to final issuance of the permit modification, whichever is first. If the permitting authority has issued approval of the modification prior to such time, the terms of the permit revision shall be enforceable upon approval by the permitting authority and consistent with the approved State Implementation Plan.

7. If at any time after approval by the permitting authority of a revised permit pertaining to a Part 70 source in accordance with minor modification procedures the administrator objects to the issuance of the permit revision, the objection shall be considered cause for reopening the permit in accordance with LAC 33:III.529.

8. The permit shield provisions of LAC 33:III.507.I shall not extend to minor permit modifications.

La. Admin. Code tit. 33, § III-525

Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 19:1420 (November 1993).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2022 and 2054.