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Louisiana SIP: LAC 33:III Ch. 5 Section 517 - Permit Applications and Submittal of Information

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

Chapter 5.  Permit Procedures

Section 517. Permit Applications and Submittal of Information
LAC 33:III.517 as submitted to EPA:

LA048.03A - November 15, 1993 (LA048.03A, AQ70) LA-017;
AQ70 §517;LAd51;LA048.03A;AQ70;LR19:1420(11/20/1993), submitted to EPA November 15, 1993.

LA048.04B - November 10, 1994 (LA048.04B, AQ102) LA-018;
AQ102 §517;LAd51;LA048.04B;AQ102;LR20:1375(12/20/1994), submitted to EPA November 10.

LA048.05C - July 25, 1997 (LA048.05C, OS014) LA-043;
OS014 §517;LAd51;LA048.05C;OS014;LR22:0344(5/20/1996), submitted to EPA July 25, 1997.

LA048.06D - June 22, 1998 (LA048.06D, AQ147, AQ161*) LA-048;
AQ147 §517;LAd51;LA048.06D;AQ147;LR23:0405(4/20/1997), submitted to EPA June 22, 1998,
AQ161* §517;LAd51;LA048.06D;AQ161*;LR23:1677(12/20/1997), submitted to EPA June 22, 1998.

LA048.08F - May 5, 2006 (LA048.08F, OS057) LA-083;
OS057 §517;LAd51;LA048.08F;OS057;LR31:2430(10/20/2005), submitted to EPA May 5, 2006.

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

Unless otherwise indicated, text of this SIP-approved compilation of Section 517 is
as adopted in the Louisiana Register November 20, 1993, LR19:1420 (AQ70)
and submitted to EPA November 15, 1993, document EPA-R06-OAR-2014-0821-0003 [LA048.03A].
AQ70 §517;LAd51;LA048.03A;AQ70;LR19:1420(11/20/1993), submitted to EPA November 15, 1993.

   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 Subsection
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.

AQ147 §517.B.3;LAd51;LA048.06D;AQ147;LR23:405(4/20/1997), submitted to EPA June 22, 1998
      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. 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;

AQ161* §517.D.17;LAd51;LA048.06D;AQ161*;LR23:1677(12/20/1997), submitted to EPA June 22, 1998
      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 Subsection E.1 through 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; and
      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.

OS014 §517.F;LAd51;LA048.05C;OS014;LR22:344(5/20/1996), submitted to EPA July 25, 1997
EDITOR’S NOTE: this revision to §517.F supersedes the revision to §517.F.1 submitted
to EPA November 10, 1994 (AQ102).
   F.  Confidential Information. Provisions for confidential
information may be found in LAC 33:I.Chapter 5.

OS057 §517.G;LAd51;LA048.08F;OS057;LR31:2430(10/20/2005), submitted to EPA May 5, 2006
   G.  Change of ownership shall be done in accordance with
LAC 33:I.Chapter 19.