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Louisiana SIP: LAC 33:III Ch. 5 Section 513 - General Permits, Temporary Sources, and Relocation of Portable Facilities

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

Chapter 5.  Permit Procedures

Section 513. General Permits, Temporary Sources, and Relocation of Portable Facilities
LAC 33:III.513 as submitted to EPA:

LA048.03A - November 15, 1993 (LA048.03A, AQ70) LA-017;
AQ70 §513;LAd51;LA048.03A;AQ70;LR19:1420(11/20/1993), submitted to EPA November 15, 1993.

LA048.09G - November 9, 2007 (LA048.09G, AQ267) LA-093;
AQ267 §513;LAd51;LA048.09G;AQ267;LR32:1855(10/20/2006), submitted to EPA November 9, 2007.

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

NOT IN SIP:  LAC 33:III.513.A.1

Unless otherwise indicated, text in this compilation of SIP-approved Section 513 is
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 §513;LAd51;LA048.03A;AQ70;LR19:1420(11/20/1993), submitted to EPA November 15, 1993.


   A. General Permits
      1. NOT IN SIP

AQ267 §513.A.2;LAd51;LA048.09G;AQ267;LR32:1855(10/20/2006), submitted to EPA November 9, 2007
      2. The owner or operator of any source that would
qualify for the general permit may apply for authorization to
operate under the general permit. The application must
include all information necessary to determine qualification
for and to assure compliance with the general permit. The
owner or operator of a Part 70 source as defined in LAC
33:III.502 shall publish a notice of the application in a
newspaper of general circulation in the local area where the
source is or would be located.

      3. The permitting authority may approve an owner or
operator's application for authorization to operate under the
general permit without repeating the public participation
procedures. Such an approval shall not be a final permit action
for purposes of judicial review regarding the terms and
conditions of the general permit.
      4. Any source which is issued the general permit shall,
notwithstanding a permit shield, be subject to enforcement action
for operation without a permit if the source is later determined
not to qualify for the general permit.
      5. General permits shall not be issued for affected sources
under the Acid Rain Program established pursuant to Title IV of
the Clean Air Act.

AQ267 §513.A.6;LAd51;LA048.09G;AQ267;LR32:1855(10/20/2006), submitted to EPA November 9, 2007
      6. General permits shall not be issued for new major
stationary sources and major modifications as defined in
LAC 33:III.504 or 509.

   B. Temporary Sources
      1. The permitting authority may issue a single permit
under this Chapter establishing permit terms and conditions applicable
to similar operations by the same source owner or operator at
multiple locations. The operation must be temporary and involve
at least one change of location during the term of the permit.
      2. The owner or operator of any source which would qualify
as a temporary source shall submit a complete permit application
in accordance with LAC 33:III.517. The application may request a
temporary source permit.
      3. Permits for temporary sources shall include:
         a.  conditions that will assure compliance with all
state and federally applicable requirements at all authorized
locations; and
         b.  requirements that the owner or operator notify the
permitting authority at least 10 days in advance of each change
in location.
      4. No affected source under the Acid Rain Program under
Title IV of the Clean Air Act shall be permitted as a temporary source.

   C. Relocation of Portable Facilities
      1. The permitting authority may issue, on behalf of the
department, a certificate of approval to relocate an asphalt
plant or other transportable facility that is presently operating
under a certificate of approval from the department provided the
facility does not constitute a Part 70 source and would not
constitute a Part 70 source upon relocation. Prior to issuance
of any such certificate, the permitting authority shall
receive adequate assurance from the petitioner that the following
conditions are met:
         a. compliance with all other regulations and zoning
criteria at the new location;
         b. the continued use of all pollution abatement devices
and measures at the new location;
         c. the continued use of fuel of the same sulfur content
or less than that referenced on the approved permit; and
         d. dispersion of emissions from the relocated source
will not cause violation of ambient air standards at the new location.
      2. In addition, a plot plan should be supplied to affirm
that the distances to the property line at the new location are
approximately equal to those reported on the approved permit
application. This will be used to confirm that the dispersion
estimate previously supplied is still valid.
      3.  Upon review and acceptance of the aforementioned data,
the department will notify the owner or operator concerning the
acceptability of the relocation.