La. Admin. Code tit. 33 § III-523

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

Section III-523 - Procedures for Incorporating Test Results

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 90 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;

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 Paragraph A.1 of this Section.

2. Permit Modifications. Any change to incorporate test results which would not meet the criteria established in Paragraph 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.

3. At least 30 days prior to performing any emission test, notification of testing shall be made to the Office of Environmental Services 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.

La. Admin. Code tit. 33, § III-523

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 the Secretary, Legal Affairs Division, LR 34:1903 (September 2008), LR 37:1146 (April 2011), amended by the Office of the Secretary, Legal Division, LR 38:2750 (November 2012), Amended by the Office of the Secretary, Legal Affairs and Criminal Investigations Division, LR 451062 (8/1/2019).

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