Regulatory Text:
Louisiana Administrative Code, Title 33 ENVIRONMENTAL QUALITY, Part III Air (LAC 33:III)

Chapter 5.  Permit Procedures

Section 502. Definitions
LAC 33:III.502 as submitted to EPA:

LA048.03A - November 15, 1993 (LA048.03A, AQ70) LA-017;
AQ70 §502;LAd51;LA048.03A;AQ70;LR19:1420(11/20/1993), submitted to EPA November 15, 1993.

LA048.12J - November 3, 2014 (LA048.12J, AQ317) LA-018;
AQ317 §502;LAd51;LA048.12J;AQ317;LR37:1391(5/20/2011), submitted to EPA November 3, 2014.

Approved by EPA August 4, 2016 (81 FR 51341) effective September 6, 2016 (LAd51),
Regulations.gov docket EPA-R06-OAR-2014-0821 [LA048].

Unless otherwise indicated, definitions in this compilation of SIP-approved Section 502
are as adopted in the Louisiana Register November 20, 1993, LR19:1420 (AQ70)
and submitted to EPA November 15, 1993,
Regulations.gov document EPA-R06-OAR-2014-0821-0003 [LA048.03A].
AQ70 §502;LAd51;LA048.03A;AQ70;LR19:1420(11/20/1993), submitted to EPA November 15, 1993.


   Except where specifically provided in another Section herein,
the following definitions apply to terms used in this Chapter.
Except as provided in this Chapter, terms used in this Chapter
retain the definition provided them in LAC 33:III.111 or the
Louisiana Air Quality regulations. Wherever provisions related
to the Acid Rain Program are concerned, the definitions provided
in 40 CFR Part 72 shall apply.

   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.

   DEQ -- the Louisiana Department of Environmental Quality, its
secretary or the secretary’s designee.

   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.

   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), and that are described in Subparagraph a, b, c, or
d of this definition:
      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
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
regulated by a standard promulgated under Section 111 (NSPS) or
112 (Hazardous Air Pollutants) of the Clean Air Act, but only
with regard to those air pollutants that have been regulated for
that category
      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.G [LAC 33:III.504.K in May 2012 Louisiana Environmental Regulatory Code];

AQ317 Definition of “Nonroad Engine”;LAd51;LA048.12J;AQ317;LR37:1391(5/20/2011), submitted to EPA November 3, 2014
   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.]

   Oil and Gas Well and Pipeline -- for the purposes of permitting
requirements under LAC 33:III.507 and 40 CFR Part 70, any oil and
gas well or pipeline as defined herein shall be an insignificant
emission unit pursuant to 40 CFR 70.5(c). For the purposes of
determining the applicability of R.S. 30:2022(C)(1), these terms
are used as follows.
      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.

   Part 70 Source -- any source which is required to obtain a
federally enforceable operating permit in accordance with 40 CFR
Part 70, including the following:
      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 Louisiana Department of
Environmental Quality, its secretary, or the secretary’s designee.

   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 DEQ Air Quality
Division, when the potential to emit is being considered with
regard to state applicable requirements.

   Proposed Permit -- the version of a permit for which the
permitting authority (DEQ) offers public participation, affected
state review, or EPA review.

   Regulated Air Pollutant -- for the purposes of this Chapter,
any of the following:
      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 Tables 51.1 or 51.3
of LAC 33:III.Chapter 51.

   Responsible Official -- one of the following:
      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 DEQ authority 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 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 program for the Prevention of Significant
Deterioration, as defined in LAC 33:III.509.
      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.