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Louisiana SIP: LAC 33:III Ch. 5 Section 523 - Procedures for Incorporating Test Results

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

Chapter 5.  Permit Procedures

Section 523. Procedures for Incorporating Test Results.
LAC 33:III.523 as submitted to EPA:

LA048.03A - November 15, 1993 (LA048.03A, AQ70) LA-017;
AQ70 §523;LAd51;LA048.03A;AQ70;LR19:1420(11/20/1993), submitted to EPA November 15, 1993.

LA048.11I - August 29, 2013 (LA048.11I, AQ294) LA-129;
AQ294 §523;LAd51;LA048.10H;AQ294;LR34:1903(9/20/2008), submitted to EPA August 29, 2013.

LA048.12J - November 3, 2014 (LA048.12J, AQ315) LA-133;
AQ315 §503,523;LAd51;LA048.12J;AQ315;LR37:1146(4/20/2011), submitted to EPA November 3, 2014.

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 in this SIP-approved compilation of Section 523 is
as adopted in the Louisiana Register November 20, 1993, LR19:1420 (AQ70)
and submitted to EPA November 15, 1993 LA-017, document EPA-R06-OAR-2014-0821-0003 [LA048.03A].
AQ70 §523;LAd51;LA048.03A;AQ70;LR19:1420(11/20/1993), submitted to EPA November 15, 1993.

   A. Permit Amendments or Modifications. The owner or operator
of any facility permitted under this Chapter shall request a
permit amendment or modification to reflect the results of any
testing required or approved by the permitting authority, if such
testing demonstrates that the terms and conditions of the
existing permit are inappropriate or inaccurate. The request,
together with all information necessary to process such request,
shall be submitted within 45 days of obtaining the relevant test results.
      1. Administrative Amendments. Changes to incorporate test
results may be incorporated into the permit as an administrative
amendment if all of the following criteria are met:
         a. the changes are a result of tests performed upon
start-up of newly constructed, installed, or modified equipment
or operations;

AQ315 §523.A.1.b;LAd51;LA048.12J;AQ315;LR37:1146(4/20/2011), submitted to EPA November 3, 2014
         b. increases in permitted emissions will not exceed
5 tons per year for any criteria or toxic air pollutant;

         c. increases in permitted emissions of Louisiana toxic
air pollutants or of federal hazardous air pollutants would not
constitute a modification under LAC 33:III.Chapter 51 or under
Section 112(g) of the Clean Air Act;
         d. changes in emissions would not require new source
review for prevention of significant deterioration or
nonattainment, and would not trigger the applicability of any
federally applicable requirement;
         e. changes in emissions would not qualify as a
significant modification;
         f. the request is submitted no later than 12 months
after commencing operation; and
         g. the permit contains a term which provides for the
incorporation of test results by administrative amendment in
accordance with this Subsection A.1 of this Section.
      2. Permit Modifications. Any change to incorporate test
results which would not meet the criteria established in
Subsection A.1 of this Section shall be incorporated into the
permit in accordance with the appropriate procedures for minor or
significant modifications.
   B. Temporary Exemption for Testing
      1. The administrative authority may, on behalf of the
Department of Environmental Quality, grant temporary exemptions,
not to exceed three months in duration, from the requirement to
revise the permit prior to making a change in emissions in order
to allow tests to determine the effect of the proposed
modification on emission rates. This temporary exemption may be
allowed only in cases where such an exemption is not prohibited
under 40 CFR Part 70 or under any federally applicable
requirement and where the effect of the proposed modification
cannot reliably be determined from calculations or from
published technical literature but is not expected to place ambient air
standards in jeopardy during the testing period.
      2. Persons requesting permission to test under these
provisions shall submit the information specified in LAC
33:III.517 (with the exception of the data being measured in the
test). Tests will be conducted for the minimum duration
consistent with obtaining valid results.

AQ294 §523.B.3,4,5;LAd51;LA048.10H;AQ294;LR34:1903(9/20/2008), submitted to EPA August 29, 2013
      3. At least 30 days prior to performing any emission
test, notification of testing shall be made to the Office of
Environmental Assessment to afford the department the
opportunity to conduct a pretest conference and to have an
observer present.
      4. Within 60 days of test completion, the
administrative authority shall be given a report detailing the
conditions that were found to exist. If there is to be no
permanent change in emissions from pretest conditions, that
should be stated.
      5. If there is to be a permanent change made
that increases emissions, all applicable requirements of this
Chapter must be met. If emissions are to be reduced by the
modification, the requirements of LAC 33:III.511 are applicable.