La. Admin. Code tit. 33 § III-513

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

Section III-513 - General Permits, Temporary Sources, and Relocation of Portable Facilities

A. General Permits

1. The permitting authority may issue a general permit intended to cover numerous similar sources or activities. General permits shall be issued in accordance with LAC 33:III.519 and, prior to issuance, shall undergo public notice and, if the general permit is intended to cover a Part 70 source as defined in LAC 33:III.502, review by affected states and EPA in accordance with LAC 33:III.531 and 533. Each general permit shall incorporate terms and conditions applicable to sources that would qualify for the general permit. Any general permit shall identify criteria by which sources may qualify for the general permit, and may provide for applications which deviate from the requirements of LAC 33:III.517.

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.

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.

La. Admin. Code tit. 33, § III-513

Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 19:1420 (November 1993), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2448 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 32:1855 (October 2006).

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