La. Admin. Code tit. 33 § III-1111

Current through Register Vol. 50, No. 9, September 20, 2024

Section III-1111 - Exclusion

Any person claiming exclusion from the application of this Chapter under this provision shall apply to the administrative authority for exclusion in accordance with R.S. 30:2056 of the Act. The applicant shall furnish such information as the administrative authority may reasonably require to enable it to make a determination. The administrative authority may make such determination and apply such conditions as may be appropriate to the activity in question. A person granted an exclusion under this provision may be required to furnish the administrative authority with plans satisfactory to the administrative authority for implementing any reasonable control measures which may be developed or which otherwise become available.

A. Variance. Emissions of smoke pursuant to and in compliance with the terms of a variance granted by the administrative authority.

B. Unpopulated Areas. Emissions of smoke from an activity when the following conditions are met.

1. The source of the emissions is in a relatively unpopulated area of the state.

2. The administrative authority determines it is not technically practicable nor economically reasonable to eliminate the emissions.

C. Water Vapor. Where the presence of uncombined water is the only reason for failure of an emission to meet the requirements of LAC 33:III.1101.B of this regulation, LAC 33:III.1101.B will not apply. In addition, emissions already less than that allowed by LAC 33:III.1313.C of these regulations shall be considered by the administrative authority for exemption from the above stated opacity limitation.

La. Admin. Code tit. 33, § III-1111

Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended by the Office of the Secretary, Legal Affairs Division, LR 37:1144 (April 2011).

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