Notification of Case-By-Case Insignificant Activities
LAC 33:III.501.B.5, Table D
Case-by-case insignificant activity notification procedures may be used to exempt a source or activity that meets the criteria outlined in LAC 33:III.501.B.5, Table D from permitting requirements. The Notification of Case-By-Case Insignificant Activity form should be used to claim the exemption and must be submitted to the Louisiana Department of Environmental Quality (LDEQ) before operations commence.
In submitting the notification form, the applicant shall certify that the source or activity:
a. emits and has the potential to emit no more than five (5) tons per year of any criteria or toxic air pollutant;
b. emits and has the potential to emit less than the minimum emission rate (“MER”) of any toxic air pollutant (TAP) listed in Table 51.1 of LAC 33:III.Chapter 51;
c. emits and has the potential to emit less than the de minimis rate established pursuant to section 112(g) of the federal Clean Air Act for each hazardous air pollutant (note that such standards do not currently exist); and
d. no enforceable conditions are necessary to ensure compliance with any applicable requirement (e.g., no operational restrictions are needed to stay below the five ton per year threshold).
The applicant shall also attach calculations demonstrating that potential emissions from the source or activity are less than the aforementioned thresholds.
Upon submittal, the applicant shall attach the notification form to the currently effective air permit for the facility or process unit in which the source or activity will be located.
Per LAC 33:III.501.B.5, any source or activity subject to a federal requirement is not insignificant. Therefore, case-by-case insignificant activity notification procedures cannot be used if the source or activity is subject to a federal requirement, including recordkeeping provisions.
Toxic Air Pollutants
If the source or activity does not exceed an MER, but causes facility-wide emissions of one or more TAPs to exceed an MER, case-by-case insignificant activity notification procedures cannot be used. If facility-wide emissions of one or more TAPs already exceed an MER, case-by-case insignificant activity notification procedures can still be used as long TAP emissions from the source or activity do not exceed an MER.
Similar activities must qualify on an aggregate basis (i.e., aggregate emissions from similar activities represented as insignificant cannot exceed five tons or an MER on an annual basis). For example, a facility may intend to degas six benzene tanks in a calendar year, and each degassing event will result in 50 pounds of benzene emissions. These emissions, if not permitted, cannot be covered under LAC 33:III.501.B.5, Table D because the MER for benzene (260 lb/yr) would be exceeded. In this example, the form could be used to degas five benzene tanks in a calendar year, assuming the other criteria are satisfied.
LDEQ may object within 30 days of receiving the notification form if it disagrees that the source or activity meets the requirements of LAC 33:III.501.B.5, Table D. Submittal of the notification form shall not protect the applicant from enforcement action if the requisite criteria are not met.
A fee (fee no. 2010) must be remitted to LDEQ within 30 days of submittal of the notification form, even if LDEQ later objects to its use.
Other Conditions for Permanent Activities
The applicant shall address permanent sources or activities in the next application for a permit renewal or permit modification, whichever is earlier.