of Air Pollutants from Part 70 Sources Instructions
The Louisiana Application for Approval of Emissions of Air Pollutants from Part 70 Sources provides information to the Louisiana Department of Environmental Quality (DEQ) Air Permits Division. This information is used to assess air pollution from a proposed facility or modification and the measures that will be used to control air pollution and to meet applicable laws and regulations. Authority to request this information is contained in the Louisiana Administrative Code, Title 33. Copies of this regulation are available from the Rules and Regulations Section of the Legal Affairs and Regulation Development Division, or on the LDEQ website at:
The Louisiana Application for Approval of Emissions for Part 70 Sources form is intended to apply to a single geographical location of a plant or facility. Treat facilities in geographically dispersed locations separately for the purpose of determining when to submit an application. Submit separate application for each facility whenever an application is necessary. The Louisiana Guidance for Air Permitting Actions is a useful guide in completing the forms. The current version can be found on the Internet at: http://www.deq.louisiana.gov.
When to Submit an Application for Approval of Emissions
Applications are submitted primarily for one of three reasons: (1) to obtain a permit for a new facility or a modification of an existing facility, (2) to reconcile actual or potential emissions to previously permitted emission levels when they are found to differ, or (3) to obtain a permit for an existing facility that is without a permit but is now being made subject to regulations. This latter condition may exist because (a) the facility was in existence prior to June 19, 1969, a condition known as "grandfathered," (b) the facility was previously specifically exempted because of its small size, or (c) the facility, because of its small size, was never considered by the Air Permits Division for either a permit or an exemption.
To avoid unnecessary delays, applications should be submitted as far in advance as possible of construction of the facility or modification. Some construction projects require prior approval of DEQ Divisions other than the Air Permits Division. Exact review times vary with the complexity of the application, the completeness of the application, and the current workload of the Air Permits Division. The permit or other approval must be obtained before construction commences. Note: All major sources of air pollutants are required to obtain an operating permit by Title 40, Part 70, of the Code of Federal Regulations. There are no "grandfathered" major sources. Consult LAC 33:III.Chapter 5 for more information on permitting requirements.
What Should be Submitted and What Should be Kept
Route the original application and attachments and two photocopies of the original application and attachments to the attention of the current Assistant Secretary of the Office of Environmental Services, Air Permit Division at the following address:
Louisiana Department of Environmental Quality
Office of Environmental Services
Air Permits Division
P.O. Box 4313
Baton Rouge, LA 70821-4313
Attach a check for the appropriate air permit application fee to the original application. Do NOT attach copies of this check to the two photocopies of the original application. Do not send cash.
Keep a photocopy of the application and attachments for your records. For all Part 70 applications, a copy with attachments should be submitted directly to EPA's Dallas office -- EPA Region 6 (6PD-R), 1445 Ross Avenue, Ste. 1200, Dallas, TX 75202-2733.
Basis for Reported Emissions
All emission estimates must be supported by calculation or other bases (test results, similar facilities, etc). Emission calculations, and any other supporting information that forms the basis for the estimate, must be submitted with the application per LAC 33:III.517.D.9. Fugitive emission estimates require the same type of documentation as stationary point sources. Calculations should include information necessary to determine and regulate emissions such as capacity or operating rates. See the Louisiana Guidance for Air Permitting Actions for guidance regarding the preparation of emissions calculations.
If certain questions or fields in the application, including any EIQ sheet, are not applicable, indicate "none" or "not applicable" (N/A). Terms such as "not significant," "nil," "trace," etc. are not appropriate. The use of absolute zero or 100% control efficiency is not acceptable for emission generating sources. Please attach additional sheets if more space is needed to completely convey the requested information.
The applicant must submit all known information at the time the air permit application is submitted. If insufficient or undefined information is submitted, it may be impossible for LDEQ to issue an air permit based on the air permit application.
If you have any questions about the level of information required to be submitted in an air permit application, contact the Air Permits Division at (225) 219-3181.
Professional Engineer Required
A Louisiana Registered Professional Engineer must certify the application for a major source, including Part 70 sources.
In accordance with LAC 33:III.Chapter 14, any project that receives federal funds and is located in a nonattainment area must receive a conformity determination from LDEQ prior to initiating the project.
Federal Land Manager (FLM) If LDEQ receives a PSD permit application for a source that may affect a Class I area, it notifies the Federal Land Manager (FLM) charged with direct responsibility for managing the Class I area in question. LDEQ may direct the applicant to contact the FLM directly to avoid unnecessary delays.
The meaning of the term “may affect” is interpreted by EPA policy to include all major sources or major modifications (see LAC 33:III.504 and 509) which propose to locate within 100 kilometers of a Class I area. However, if a major source proposing to locate at a distance greater than 100 km is of such size that LDEQ or the FLM is concerned about potential impacts on a Class I area, LDEQ can ask the applicant to perform an analysis of the source’s potential emissions impacts on the Class I area. This is because certain meteorological conditions, or the quantity or type of air emissions from large sources located further than 100 km, may cause adverse impacts on a Class I area. This determination will be made on a case by case basis.
The FLM is responsible for evaluating a source’s projected impact on the Air Quality Related Values (AQRV) and recommending that LDEQ either approve or disapprove the source’s permit application based on anticipated impacts. The FLM also may suggest changes or conditions on a permit. However, LDEQ makes the final decision on permit issuance. The FLM also advises reviewing agencies and permit applicants about other FLM concerns, identifies AQRV and assessment parameters for permit applicants, and makes ambient monitoring recommendations.
A pre-application meeting between the applicant, the FLM, and LDEQ is recommended, though not required by regulation. The FLM can advise the applicant of any data and analyses that may be required to shown no adverse impact. The address for the FLM for Breton National Wildlife Refuge is:
U.S. Fish & Wildlife Services
Do not write information in the top or left side margin of this form. File folder bindings may cover the information.
Do not alter the formatting of the items in this application form. Do not alter this form in any way, except as directed by the instructions for the Louisiana Application for Approval of Emissions of Air Pollutants from Part 70 Sources.
Please consult the Louisiana Guidance for Air Permitting Actions for a discussion regarding contiguity of facilities that fall under common ownership or control.
Emission tests performed in support of emission estimates must be done by an LDEQ accredited laboratory per LAC 33:I, Subpart 3, Laboratory Accreditation. Any laboratory other than one operated by the company seeking the permit that performs analyses or tests and provides chemical analyses, analytical results, or other test data to the department must be an accredited laboratory by LDEQ. The department will not accept laboratory data generated by any such laboratories that have not received accreditation for the test or analysis that was performed to obtain this data.
As used in these instructions, these terms have the following meanings:
Agency Interest Number (A.I. Number) - The Agency Interest Number is a unique identifier assigned to each facility by LDEQ. Existing facilities in the state have AI numbers assigned to them. New facilities will be assigned an A.I. Number after LDEQ receives the application.
Facility – A collection of emission sources that are collocated at a common site and operate as one in order to produce, process, transport, or otherwise handle materials for industrial uses.
Emission Point ID No. – A number assigned to an emission point or emission source by the permit applicant that is used to uniquely identify an emission point or emission source.
Stack – Any point in a source designed to emit solids, liquids, or gases into the air via a pipe, duct, or other similar orifice.
TEMPO - An acronym standing for Tools for Environmental Management and Protection Organizations. This is the main computer database program used by LDEQ to store data and generate permits on all facilities and units.
Process Unit – A portion of a larger facility that is completely described by one Standard Industrial Classification Code (SICC). A facility may choose to permit each such process unit at their facility separately.
Facility Name or Process Unit Name (if any) – Enter the name by which the facility or process unit (for process unit-specific permits) is commonly known. Use the check boxes provided to indicate that the application seeks to permit all process units as a facility or only a specific process unit (commonly known as a process unit-specific permit application).
Agency Interest Number (A.I. Number) - Enter the Agency Interest Number, if known. Otherwise, enter “unknown” into this field. If this facility or process unit has an A.I. Number and it is not provided, it may delay the processing of the permit application. Currently Effective Permit Number(s) – Enter the permit number for each air quality permit that is currently effective for the facility or process unit including any Acid Rain permits, PSD permits, CAIR permits, etc.
Company – Name of Owner – Enter the name of the company that owns the facility or process unit.
Company – Name of Operator (if different from Company – Name of Owner) – Enter the name of the company that operates the facility or process unit, if this company is different from the one listed in the Company – Name of Owner field. Otherwise, leave this field blank.
Parent Company (if Company – Name of Owner given above is a division) – Enter the name of the parent company of the company listed in the Company – Name of Owner field, if one exists. Otherwise, leave this field blank.
Ownership - Check the box that describes the type of entity that owns the facility.
Physical Location and Process Description
Answer the two questions provided. For the first question, give a brief summary of the modifications or changes that are proposed by the application. For the second question, give a one-sentence description of what the facility produces, processes, or fabricates in order to accomplish its primary business function. It is preferred that this list appear as a bulleted list.
Nearest town (in the same parish as the facility) – Enter the closest town in the same parish as the facility (even if the facility is more commonly associated with a town in another parish).
Parish(es) where facility is located – Enter the parish(es) in which the facility is located.
Enter in the spaces provided the shortest radial distance in miles from the facility to Texas, Arkansas, Mississippi, and Alabama.
Enter in the spaces provided the Latitude and Longitude (in degrees, minutes, seconds, and hundredths) of the facility Front Gate. This should be the location of the main gate through which facility staff enter and exit. If no gate exists, then give the location of the main entrance through which facility staff enter and exit.
Enter in the space provided the distance, in kilometers, between the facility represented in this application and the nearest Class I Area.
Provide the physical address and location description in the blanks provided. Ensure that the address provided is accurate and up-to-date. Provide driving directions if no physical address exists. These directions should originate from the nearest intersection of highways. An example of an acceptable set of driving directions is as follows:
“From the intersection of US Hwy 165 & LA Hwy 10 in Oakdale, LA, travel E on Hwy 10 (Oakdale Road) for 2 miles. Turn S onto Kings Rd (Parish Road 1025). Travel approx. 3.5 miles to the facility.”
If the facility is not accessible by automobile, list the following:
The name of the body of water in which it is located
The name of the nearest town located in the same parish. This should be the same town as the one listed in the “Nearest town (in the same parish as the facility)” above
The distance and direction from the referenced town.
Check the boxes provided to indicate that the required map and required descriptions were included with the application. If a map, a description of the facility’s processes and products, and a description of the proposed project are not included with the application, the application will not be considered technically complete.
The map should indicate the location of the facility and its relation to nearby cities, towns, and named roadways. The scale of the map should be large enough to show the nearest town located in the same parish as the facility and the nearest named roadway and should display the name of each of these landmarks. LDEQ maintains aerial photography of the entire State of Louisiana which can be accessed at the following web site: http://map.deq.state.la.us. Maps generated from this web site are acceptable, provided that they possess the level of detail indicated above.
The description of the facility’s processes and products should include a discussion of how each emissions source operates, with emphasis given to the methods by which each emissions source releases pollutants to the atmosphere. This discussion should also clearly detail how the facility processes raw materials into finished products, noting all major steps in the process. If appropriate the storage of raw materials and/or product should be part of the discussion. The description should be placed behind the Louisiana Application for Approval of Air Pollutants. This description should also be accompanied by a Process Flow Diagram (PFD) that illustrates the information conveyed in the description referenced above.
The description of the proposed project should be attached to the permit application. It should describe, in detail, exactly what changes to the facility will occur, as well as the associated emissions changes. The description should be placed behind the Louisiana Application for Approval of Air Pollutants.
Check the box provided to indicate if confidentiality is requested for any information. Emissions data cannot be held confidential. If “yes,” remove all sections of the permit application for which confidentiality is requested and submit them separately from the rest of the permit application to the address below. Written justification to substantiate the confidentiality request must accompany the request. All data and information provided on this form and attachments, other than air pollution emission rates, will be held in confidence upon determination by the Secretary that such data and information, if made public, would divulge methods or processes entitled to protection as trade secrets. Information for which confidentiality is requested should not be submitted in the permit application submitted to the LDEQ Air Permits Division. Confidential information must be submitted separately to the Office of the Secretary as noted below.
Requests for confidentiality should be sent directly to the following address:
Office of the Secretary
Louisiana Department of Environmental Quality
P.O. Box 4301
Baton Rouge, LA. 70821-4301
In the blanks provided, enter the name(s) of the section(s) of the permit application that have been removed and submitted separately to the above address.
Type of Application
Check one of the two boxes in the first row to indicate the type of permit requested. Only the choices in the column below the type of permit chosen are available for that type of permit.
Check the box in the second row if this application is a renewal.
In the third row, select only one of the appropriate boxes, if applicable, to further describe the application.
Select “Entirely New Facility” if the facility or process unit has not yet been constructed.
Select “Significant modification or expansion of existing facility” if the application seeks permission to modify or expand the facility in accordance with LAC 33:III.527. In order to choose this type of modification, it must not qualify as a Minor Modification as defined in LAC 33:III.525 or an Administrative Amendment as defined in LAC 33:III.521. This box should also be selected if the facility is existing, but has not been previously issued a permit.
A modification request that meets any of the following criteria may be considered a Significant Modification [LAC 33:III.527.A]:
The change constitutes a significant change in existing monitoring terms and conditions.
The change is a relaxation of reporting or recordkeeping permit terms and conditions.
The change does not qualify as an administrative amendment or a Minor Modification.
Select “Minor modification or expansion of existing facility” if the application seeks permission to modify or expand the facility in accordance with LAC 33:III.525. In order to choose this type of modification, it must not qualify as a Significant Modification as defined in LAC 33:III.527.
In general, Minor Modifications are granted for changes at facilities operating under State Operating Permits. However, Part 70 sources may be granted a Minor Modification if the changes will be considered State-Only and do not require a public participation timeframe.
A modification request for a Part 70 source that meets all of the following criteria may also be considered a Minor Modification [LAC 33:III.525.A]:
The modification would not violate any federally applicable requirement or standard or any applicable provisions of LAC 33:III, Air Quality Regulations.
The modification would not constitute a Title I Modification. An example of a Title I Modification is the modification of an existing boiler that as a result of the modification becomes subject to 40 CFR 60, Subpart Db. See the definition of Title I Modification in LAC 33:III.502 for more information.
The modification would not involve significant changes to existing monitoring, reporting, or recordkeeping requirements. An example of this would be significant alterations to a CAM Plan. This determination is made on a case-by-case basis.
The modification would not seek to establish or alter emission limits which incorporate a case-by-case determination of MACT under Section 112(g) or 112(j) of the Clean Air Act or an alternative emissions limit under Section 112(i)(5) of the Clean Air Act or an equivalency determination of RACT.
The modification would not seek to establish or change a permit term or condition for which there is no underlying federally applicable requirement and that the owner or operator has assumed solely to avoid a federally applicable requirement. An example of this concept would be when a facility decides to limit heat input to a boiler to avoid applicability of 40 CFR 60, Subpart Db. The establishment of this type of limitation will not be considered a minor modification.
The modification would not seek to establish or exceed an enforceable emissions cap in order to establish minor source status or to avoid classification as a Title I modification. An example of this concept would be when a facility decides to establish an emissions cap in order to allow the facility to be considered a minor source of TAPs. The establishment of this type of emissions cap is not considered a Minor Modification. Once an emissions cap of this nature is established and the facility seeks to exceed this emissions cap and establish a new one at a higher limit, that change will also not be considered a Minor Modification.
The modification is not otherwise determined by the permitting authority to be a significant modification.
A Minor Modification may also be granted to a Part 70 source that, as a result of the modification, is no longer a Part 70 source, provided that all of the above conditions are met.
A modification may also be considered a Minor Modification if it is used to incorporate the use of economic incentives, marketable permits, emissions trading, and other similar approaches to the extent that such procedures are explicitly provided for in the State Implementation Plan (SIP) or in federally applicable requirements.
Select “Reconciliation only” if the application seeks to update emissions based on test data, updated emission factors, or any other numerical basis that does not involve the modification of any portion of the facility or process unit. The “Reconciliation only” box may also be selected if a facility becomes subject to a newly promulgated regulation without modifying the facility.
For Part 70 General Only (in Column 1): Check the “Individual emissions unit(s) addition” box to indicate that application is made to permit a single emissions unit under a Part 70 General Permit. Please consult the Air Permits Division before selecting this box.
For Column 2, “Part 70 Regular” only: Select “PSD” or “NNSR”, if applicable, to indicate that the activities proposed in this application trigger review for one or more NSR programs. If either box is checked, all Tables in Section 22 of the application must be completed as directed in the instructions for Section 22. Any permit review process that involves NSR cannot be issued a State (minor source) or Part 70 General permit.
In the space provided, indicate if this application will update or completely replace an air permit application currently under review. If yes, enter the date that the previous application was submitted.
If the application updates a previously submitted application, then the new application in addition to the previously submitted application will be reviewed. If the application completely replaces a previously submitted application, the previously submitted application will be not be reviewed or considered for the purposes of generating an air permit. Only the newly submitted application will be considered the current application. If a sufficient application fee was submitted with the previously submitted air permit application, it may not be necessary to submit an additional fee. See the guidance for Section 5 for more details.
For a previously unpermitted existing facility, select the appropriate box in the space provided to best describe why the existing facility is unpermitted. If unsure about the “grandfathered” or “exempt status,” select “previously unpermitted.”