K. Definitions. The terms in this Section are used as defined in LAC 33:III.111 with the exception of those terms specifically defined as follows. Actual Emissions- the actual rate of emissions of a pollutant from an emissions unit as determined in accordance with the following, except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under Subsection J of this Section. Instead, the definitions of projected actual emissions and baseline actual emissions in this Subsection shall apply for those purposes.
a. In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive 24-month period that precedes the particular date and that is representative of normal major stationary source opera tion. A different time period shall be allowed upon a determination by the department that it is more representative of normal major stationary source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.b. The administrative authority may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.c. For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the allowable emissions of the unit. Administrator- the administrator of the USEPA or an authorized representative.
Adverse Impact on Visibility- visibility impairment which interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of the mandatory federal Class I area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency, and time of the visibility impairments and how these factors correlate with:
a. times of visitor use of the mandatory federal Class I area; andb. the frequency and timing of natural conditions that reduce visibility. This term does not include effects on integral vista as defined at 40 CFR 51.301, Definitions.
Allowable Emissions- the emissions rate of a major stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:
a. the applicable standard set forth in 40 CFR Part 60, 61, or 63 ;b. any applicable State Implementation Plan emissions limitation including those with a future compliance date; orc. the emissions rate specified as a federally enforceable permit condition, including those with a future compliance date. Baseline Actual Emissions- the rate of emissions, in tons per year, of a regulated pollutant, determined as follows.
a. For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24 - month period selected by the owner or operator within the five-year period immediately preceding when the owner or operator begins actual construction of the project. The administrative authority shall allow the use of a different time period upon a determination that it is more representative of normal source operation. i. The average rate shall include fugitive emissions to the extent quantifiable, and authorized emissions associated with start-ups, shutdowns, and ma lfunctions.ii. The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period.iii. For a regulated pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated pollutant.iv. The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Clause a.ii of this definition.b. For an existing emissions unit, other than an electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit application is received by the administrative authority for a permit required under this Section, except that the 10-year period shall not include any period earlier than November 15, 1990. i. The average rate shall include fugitive emissions to the extent quantifiable, and authorized emissions associated with start-ups, shutdowns, and malfunctions. ii The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period.iii. The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period. However, if an emission limitation is part of a maximum achievable control technology standard that the administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of Paragraphs F.4 and 5 of this Section.iv. For a regulated pollutant, when a project involves multiple emissions units, only one consecutive 24-month period shall be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period may be used for each regulated pollutant.v. The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by Clauses b.ii-iii of this definition.c. For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero, and thereafter, for all other purposes, shall equal the unit's potential to emit.d. For a PAL for a major stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in Subparagraph a of this definition, for other existing emissions units in accordance with the procedures contained in Subparagraph b of this definition, and for a new emissions unit in accordance with the procedures contained in Subparagraph c of this definition. Begin Actual Construction- initiation of physical on-site construction activities on an emissions unit that are of a permanent nature. Such activities include, but are not limited to, installation of building support and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operating this term refers to those on-site activities other than preparatory activities that mark the initiation of the change.
Best Available Control Technology (BACT)- as defined in LAC 33:III.509.
Building, Structure, Facility, or Installation- all of the pollutant-emitting activities that belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same "Major Group" (i.e., they have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987.
Clean Air Act- the federal Clean Air Act, 42 U.S.C. 7401 - 7671(q).
Commence- as applied to construction of a major stationary source or major modification means that the owner or operator has all necessary preconstruction approvals or permits and either has:
a. begun, or caused to begin, a continuous program of actual on-site construction of the major stationary source, to be completed within a reasonable time; orb. entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the major stationary source to be completed within a reasonable time. Construction- any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) that would result in a change in actual emissions.
Continuous Emissions Monitoring System (CEMS)- all of the equipment that may be required to meet the data acquisition and availability requirements of this Section, to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis.
Continuous Emissions Rate Monitoring System (CERMS)- the total equipment required for the determination and recording of the pollutant mass emissions rate, in terms of mass per unit of time.
Continuous Parameter Monitoring System (CPMS)- all of the equipment necessary to meet the data acquisition and availability requirements of this Section, to monitor process and control device operational parameters (e.g., control device secondary voltages and electric currents) and other information (e.g., gas flow rate, O2 or CO2 concentrations), and to record average operational parameter values on a continuous basis.
Electric Utility Steam Generating Unit- any steam-electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.
Emissions Unit- any part of a major stationary source that emits or would have the potential to emit any regulated pollutant, and includes an electric utility steam generating unit as defined in this Subsection. For purposes of this Section, there are two types of emissions units as described below.
a. A new emissions unit is any emissions unit that is, or will be, newly constructed and that has existed for less than two years from the date such emissions unit first operated.b. An existing emissions unit is any emissions unit that does not meet the requirements in Subparagraph a of this definition. A replacement unit, as defined in this Subsection, is an existing emissions unit. Federal Class I Area- any federal land that is classified or reclassified as a "Class I" area in accordance with the federal Clean Air Act.
Federal Land Manager- with respect to any lands in the United States, the secretary of the department with authority over such lands.
Federally Enforceable- all limitations and conditions which are federally enforceable by the administrator, including those requirements developed in accordance with 40 CFR Parts 60, 61, and 63, requirements within any applicable State Implementation Plan, any permit requirements established in accordance with 40 CFR 52.21 or under regulations approved in accordance with 40 CFR Part 51, Subpart I including 40 CFR 51.165 and 40 CFR 51.166.
Fugitive Emissions- those emissions that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.
Lowest Achievable Emission Rate- for any source, the more stringent rate of emissions based on the following:
a. the most stringent emissions limitation that is contained in the implementation plan of any state for such class or category of major stationary source, unless the owner or operator of the proposed stationary source demonstrates that such limitations are not achievable; orb. the most stringent emissions limitation that is achieved in practice by such class or category of stationary source. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within the stationary source. In no event shall the application of this term permit a proposed new or modified major stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard of performance. Major Modification-
a. Any physical change in or change in the method of operation of a major stationary source that would result in a significant net emissions increase, as listed in Subsection L, Table 1 of this Section, of any regulated pollutant for which the stationary source is already major.b. Any net emissions increase that is considered significant for VOC or NOX shall be considered significant for ozone. VOC and NOx emissions shall not be aggregated for the purpose of determining significant net emissions increases.c. A physical change or change in the method of operation shall not include:i. routine maintenance, repair, and replacement;ii. use of an alternative fuel or raw material by reason of an order under Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan in accordance with the Federal Power Act;iii. use of an alternative fuel by reason of an order or rule under Section 125 of the Clean Air Act;iv. use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;v. use of an alternative fuel or raw material by a stationary source that: (a). the source was capable of accommodating before December 21, 1976, unless such change would be prohibited under any federally enforceable permit condition that was established after December 12, 1976, in accordance with 40 CFR 52.21 or under regulations approved in accordance with 40 CFR Part 51, Subpart I or 40 CFR 51.166; or(b). the source is approved to use under any permit issued under regulations approved in accordance with this Section;vi. an increase in the hours of operation or in the production rate, unless such change is prohibited under any federally enforceable permit condition that was established after December 21, 1976, in accordance with 40 CFR 52.21 or regulations approved in accordance with 40 CFR Part 51, Subpart I or 40 CFR 51.166;vii. any change in ownership at a stationary source.d. This definition shall not apply with respect to a particular regulated pollutant when the major stationary source is complying with the requirements under Subsection J of this Section for a PAL for that pollutant. Instead, the definition at Subparagraph J.2.g of this Section shall apply. Major Stationary Source-
a. any stationary source (including all emission points and units of such source located within a contiguous area and under common control) of air pollutants which emits, or has the potential to emit, any regulated pollutant at or above the threshold values defined in Subsection L, Table 1 of this Section; or b. any physical change that would occur at a stationary source not qualifying under Subparagraph a of this definition as a major stationary source, if the change would constitute a major stationary source by itself;c. a major stationary source that is major for VOC or NOx shall be considered major for ozone. VOC and NOx emissions shall not be aggregated for the purpose of determining major stationary source status;d. a stationary source shall not be a major stationary source due to fugitive emissions, to the extent that they are quantifiable, unless the source belongs to: i. any category in Table A in LAC 33:III.509; orii. any other stationary source category which, as of August 7, 1980, is being regulated under Section 111 of the Clean Air Act;e. a stationary source shall not be a major stationary source due to secondary emissions. Mandatory Federal Class I Area- those federal lands that are international parks, national wilderness areas which exceed 5,000 acres in size, national memorial parks which exceed 5,000 acres in size, and national parks which exceed 6,000 acres in size, and that were in existence on August 7, 1977. These areas may not be redesignated.
Natural Conditions- includes naturally occurring phenomena that reduce visibility as measured in terms of visual range, contrast, or coloration.
Necessary Preconstruction Approvals or Permits- those permits or approvals required under federal air quality control laws and regulations and those air quality control laws and regulations which are part of the applicable State Implementation Plan.
Net Emissions Increase- the amount by which the sum of the following exceeds zero:
a.i. any increase in actual emissions from a particular physical change or change in the method of operation at a stationary source as calculated in accordance with Paragraph A.3 of this Section; and ii. any other creditable increases and decreases in actual emissions at the major stationary source over a period including the calendar year of the proposed increase, up to the date on which the proposed increase will occur, and the preceding four consecutive calendar years. Baseline actual emissions for calculating increases and decreases under this Clause shall be determined as provided in Subsection K.Baseline Actual Emissions of this Section except that Clauses a.iii and b.iv of that definition shall not apply;b. an increase or decrease in actual emissions is creditable only if neither the department nor the administrator has relied on it in issuing a permit for the source under this regulation and, for a decrease, the administrator has not relied on it in issuing a permit under 40 CFR 52.21, which permit is in effect when the increase in actual emissions from the particular change occurs; d. an increase in actual emissions is creditable only to the extent that the new level of allowable emissions exceeds the old level of actual emissions;e. a decrease in actual emissions is creditable only to the extent that:i. the old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of allowable emissions;ii. it is enforceable as a practical matter at and after the time that actual construction of the particular change begins;iii. it has not been relied on by the state in demonstrating attainment or reasonable further progress; andiv. it has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change;f. an increase that results from a physical change at a major stationary source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days;g. Subparagraph K.Actual Emissions.a of this Section shall not apply for determining creditable increases and decreases or after a change. Nonattainment Area- for any air pollutant, an area which is shown by monitored data or which is calculated by air quality modeling (or other methods determined by the administrator to be reliable) to exceed any national ambient air quality standard for such pollutant. Such term includes any area identified under Subparagraphs (A)-(C) of Section 107(d)(1) of the Federal Clean Air Act.
Pollution Prevention- any activity that, through process changes, product reformulation or redesign, or substitution of less polluting raw materials, eliminates or reduces the release of air pollutants, including fugitive emissions, and other pollutants to the environment prior to recycling, treatment, or disposal; it does not mean recycling (other than certain " in -process recycling" practices), energy recovery, treatment, or disposal.
Portable Stationary Source- a source that can be relocated to another operating site with limited dismantling and reassembly.
Potential to Emit- the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a 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 only if the limitation or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source.
Predictive Emissions Monitoring System (PEMS)- all of the equipment necessary to monitor process and control device operational parameters (e.g., control device secondary voltages and electric currents) and other information (e.g., gas flow rate, O2 or CO2 concentrations), and calculate and record the mass emissions rate (e.g., lb/hr) on a continuous basis.
Prevention of Significant Deterioration (PSD) Permit- any permit that is issued under a major source preconstruction permit program that has been approved by the administrator and incorporated into the State Implementation Plan to implement the requirements of 40 CFR 51.166, or under the program in 40 CFR 52.21.
Project- a physical change in, or change in the method of operation of, an existing major stationary source.
Projected Actual Emissions- the ma ximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated pollutant in any one of the five years (12-month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit of that regulated pollutant and full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source. In determining the projected actual emissions before beginning actual construction, the owner or operator of the major stationary source:
a. shall consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, the company's filings with the state or federal regulatory authorities, and compliance plans under the approved State Implementation Plan; andb. shall include fugitive emissions to the extent quantifiable, and authorized emissions associated with startups, shutdowns, and malfunctions; andc. shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions as defined in this Subsection and that are also unrelated to the particular project, including any increased utilization due to product demand growth; ord. in lieu of using the method set out in Subparagraphs a- c of this definition, may elect to use the emissions unit's potential to emit, in tons per year, as defined in this Subsection. Regulated Pollutant-
a. any pollutant for which a national ambient air quality standard has been promulgated or any constituent or precursor for the identified pollutant, provided that such constituent or precursor pollutant is only regulated under NNSR as part of regulation of the primary pollutant. Precursors identified by the administrative authority for purposes of NNSR include the following:i. volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone nonattainment areas;ii. sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment areas;iii. nitrogen oxides are presumed to be precursors to PM25 in all PM25 nonattainment areas, unless the administrative authority demonstrates to the administrator's satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM2.5 concentrations; andiv. volatile organic compounds and ammonia are presumed not to be precursors to PMV in any PM2.5 nonattainment area, unless the administrative authority demonstrates to the administrator's satisfaction or EPA demonstrates that emissions of volatile organic compounds or ammonia from sources in a specific area are a significant contributor to that area's ambient PM2.5 concentrations.b. PM2.5 emissions and PM10 emissions shall include the gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM2.5 and PMio in NNSR permits. Compliance with emissions limitations for PM2.5 and PMio issued prior to this date shall not be based on condensable particulate matter. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of this Section. Replacement Unit- an emissions unit for which all the following criteria are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced.
a. The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(1), or the emissions unit completely takes the place of an existing emissions unit.b. The emissions unit is identical to or functionally equivalent to the replaced emissions unit.c. The emissions unit does not alter the basic design parameters of the process unit.d. The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissbns unit is brought back into operation, it shall constitute a new emissions unit, as defined in this Subsection. Secondary Emissions- emissions which would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of this Section, secondary emissions must be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.
Significant-in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed the lower of any of the following rates or the applicable major modification significant net increase threshold in Subsection L, Table 1 of this Section.
Pollutant | Emission Rate |
Carbon monoxide | 100 tons per year (tpy) |
Nitrogen oxides | 40tpy |
Sul&r dioxide | 40 tpy |
Ozone | 40 tpy of volatile organic compounds or nitrogen oxides |
Lead | 0.6 tpy |
PM10 | 15 tpy |
PM2.5 | 10 tpy of direct PM2.5 emissions, 40 tpy of sulfur dioxide emissions, 40 tpy of nitrogen oxide' |
1Nitrogen oxides are presumed to be precursors to PM2.5 in all PM2.5 nonattainment areas unless the administrative authority demonstrates to the administrator's satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM2.5 concentrations |
Stationary Source- any building, structure, facility, or installation which emits or may emit any regulated pollutant.
Temporary Source- a stationary source that changes its location or ceases to exist within one year from the date of initial start of operations.
Visibility Impairment- any humanly perceptible change in visibility (visual range, contrast, coloration) from that which would have existed under natural conditions.
L. Table 1- Major Stationary Source/Major Modification Emission Thresholds Table 1 Major Stationary Source/Major Modification Emission Thresholds |
Pollutant | Major Stationary Source Threshold Values (tons/year) | Major Modification Significant Net Increase (tons/year) | Offset Ratio Minimum |
Ozone VOC/NOa | | Trigger Values | |
Marginal | 100 | 40(40)2 | 1.10to 1 |
Moderate | 100 | 40(40)2 | 1.15 to 1 |
Serious | 50 | 253(5) 4 | 1.20 to 1 w/LAER or 1.40 to 1 internal w/o LAER |
Severe | 25 | 253(5) 4 | 1.30 to 1 w/LAER or 1.50 to 1 internal w/o LAER |
Extreme | 10 | Any increase | 1.50 to 1 |
CO | | | |
Moderate | 100 | 100 | >1.00 to 1 |
Serious | 50 | 50 | >1.00 to 1 |
SO 2 | 100 | 40 | >1.00 to 1 |
PM101 | | | |
Moderate | 100 | 15 | >1.00 to 1 |
Serious | 70 | 15 | >1.00 to 1 |
PM2.55 | 100 | 10 | >1.00 to 1 |
Lead | 100 | 0.6 | >1.00 to 1 |
1 The requirementsof LAC33:III.504applicabletomajor stationary sources and major modifications of PM10 shall also apply to major stationary sources and major modifications of PM10 precursors, except where the administrator determines that such sources do not contribute significantly to PM10 levels that exceed the PM10 NAAQS in the area.
2 Consideration of the net emissions increase will be triggered for any project that would increase emissions by 40 tons or more per year.
3 For serious and severe ozone nonattainment areas, the increase in emissions of VOC or NOx resulting from any physical change or change in the method of operation of a stationary source shall be considered significant for purposes of determining the applicability of permit requirements, if the net emissions increase from the source equals or exceeds 25 tons per year of VOC or NOx.
4 Consideration of the net emissions increase will be triggered for any project that would increase VOC or NOX emissions by 5 tons or more per year or for any project that would result in a 25 ton or more per year cumulative increase in emissions of VOCor NOX within the contemporaneous period.
5 Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment areas. Nitrogen oxides are presumed to be precursors to PM2.5 in all PM2.5 nonattainment areas unless the administrative authority demonstrates to the administrators satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a signif icant contributor to that areas ambient PM2.5 concentrations. Volatile organic compounds and ammonia are presumed not to be precursors to PM2.5 in any PM2.5 nonattainment area unless the administrative authority demonstrates to the administrators satisfaction or EPA demonstrates that emissions of volatile organic compounds or ammonia from sources in a specific area are a significant contributor to that area's ambient PM2.5 concentrations.
VOC =volatile organic compounds
NOx=oxides of nitrogen
CO =carbon monoxide
SO2=sulfur dioxide
PM10 = particulate matter of less than 10 microns in diameter
PM2.5 = particulate matter of less than 2.5 microns in diameter