Case-By-Case Insignificant Activities

Notifications of Case-By-Case Insignificant Activities

Louisiana Administrative Code 33:III.501.B.5 - Table D

The Louisiana Department of Environmental Quality is aware that regulated facilities are routinely seeking variances in circumstances where case-by-case insignificant activities are appropriate.  To remedy this situation, the Department is clarifying that facilities may notify the agency of certain insignificant activities.  Such notification will authorize these minor emission increases if all conditions set forth below are satisfied.  Any activity for which a state or federal applicable requirement applies is not insignificant, even if the activity meets the criteria below.

The Notification of Case-By-Case Insignificant Activity form  must be submitted to the Department to authorize the activity.  The owner or operator agrees to attach the notification to its most recent air permit.  The owner or operator further agrees to include the activity as an insignificant activity at the next permit renewal or permit modification, as appropriate.

The facility must submit sufficient calculations of anticipated emissions with the notification.  In submitting the case-by-case insignificant activity notification, the owner or operator certifies that the activity will satisfy all of the following criteria:

A.         The emissions unit emits and has the potential to emit no more than five (5) tons per year of any regulated pollutant (attach calculations);*

B.         The emissions unit emits and has the potential to emit less than the minimum emission rate listed in Table 51.1, LAC 33:III.Chapter 51, for each Louisiana air toxic pollutant;*

C.         The emissions unit 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; and

D.         No enforceable permit conditions are necessary to ensure compliance with any applicable requirement (i.e., no enforceable limits that are taken to stay below the five ton per year threshold).


The Notification of Case-By-Case Insignificant Activity form cannot be used if any federal or state applicable requirement will be triggered, including but not limited to, the New Source Review program.


A certification statement must be signed by a responsible official before the activity will be authorized.  The owner or operator is also required to pay a permit fee (Permit Fee 2010) to the Louisiana Department of Environmental Quality within 30 days of sending the notification.  The Department may object within 30 days of receiving the notification if it disagrees that the activity qualifies as a case-by-case insignificant activity.


The case-by-case insignificant activity notification will not protect a facility from an enforcement action by the Department if all of the criteria set forth above are not satisfied.  In such case, the Department reserves the right to bring an enforcement action for potential noncompliance.


Examples of scenarios that qualify for the case-by-case insignificant activity notification status include, but are not limited to, the following:

A.         Facility has scheduled maintenance which results in emissions from tanks or the bypass of a control device.  Emissions resulting from these activities were inadvertently not included in the permit or not contemplated at the time of permitting.**

                        Examples:

                        tank cleaning with a different solvent or cleaning agent

                        tower cleaning with methanol

                        repair of a vent header

B.         Facility has unscheduled maintenance on its primary control device and a secondary control device, a temporary flare, is not permitted, except for pilot flame emissions.  The secondary control device must meet all applicable regulatory requirements.

C.         Addition of new emission points with insignificant emissions.  Facility intends to use a new additive to make polypropylene.  The project will require the addition of three new emission points with insignificant particulate emissions.  All criteria set forth in LAC 33:III.501.B.5 B Table D will be satisfied.

D.         Facility intends to store a dilute acid solution in a tank for cleaning operations. The tank typically emits less than 50 pounds of HCl emissions per year.

 

*Aggregate emissions from similar activities represented as insignificant cannot exceed 5 tons or an MER on an annual basis.  For example, a facility plans to degas 6 benzene tanks this year. Each degassing event results in 50 pounds of benzene emissions.  These emissions, if not permitted, cannot be covered under LAC 33:III.501.B.5.D because the MER for benzene is 260 lb/yr.


**Emissions resulting from routine maintenance should be classified as General Condition XVII activities to the extent that they meet the established requirements.  If such emissions were inadvertently omitted from an existing permit, use of this form is allowed until such time as the next permit modification/renewal is issued.

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