LAC 33:III.502.A defines a “major source” as “any stationary source or any group of stationary sources that are located on one or more contiguous or adjacent properties, that are under common control of the same person (or persons under common control),” and that emits or has the potential to emit regulated air pollutants above certain thresholds.
LAC 33:III.504.K (Nonattainment New Source Review) and LAC 33:III.509.B (Prevention of Significant Deterioration) define “building, structure, facility, or installation” in similar fashion, as “all of the pollutant-emitting activities that belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control).”
Therefore, in order to determine if a given facility is a major source for Part 70 and PSD purposes, the Louisiana Department of Environmental Quality (LDEQ) must determine if any other facilities (under common control) are located on contiguous or adjacent properties.
Facilities shall be considered contiguous if they are located on properties that share a common boundary.
On June 3, 2016, the U.S. Environmental Protection Agency promulgated a rule entitled "Source Determination for Certain Emission Units in the Oil and Natural Gas Sector." This rule revised the definitions of “major source” under 40 CFR 70.2 and “building, structure, facility, or installation” under 40 CFR 51.165(a)(1)(ii) and 40 CFR 51.166(b)(6) by including an industry-specific definition for the term “adjacent.”
For facilities in the oil and natural gas sector (i.e., standard industrial classification (SIC) major group 13), LDEQ interprets “adjacent” consistent with the aforementioned rule. Facilities shall be considered adjacent if they are located on the same surface site or if they are located on separate surface sites that are within ¼ mile of one another (measured from the center of the equipment on the site) and they share equipment
Surface sites should not be “daisy chained” for purposes of defining a single stationary source (in situations where, given a grouping of surface sites, the first site is located within ¼ mile of a second site, and one or more additional sites are located within ¼ mile of the second, but greater than ¼ mile from the first). To illustrate this point, consider the following example:
Contents of a Permit Application
Permit applications should include a table and plot or map of all facilities under common control that are located within ¼ mile of the facility addressed in the permit application. All permitted, grandfathered, exempt (under LAC 33:III.501.B.4 or LAC 33:III.501.B.2.d), and unpermitted sites must be included. The table should include the following information for each facility:
The table should also note whether any of the facilities listed share equipment.
The facility’s geographical center of equipment may be considered to define the center of the ¼ mile radius. In the following example, 655.89 km E and 3400.65 km N may be used.
|EPN||Description||km E||km N|
|EQT 001||1000 bbl Oil Storage Tank||655.96||3400.50|
|EQT 002||Glycol Dehydradtion Unit||655.84||3400.82|
|EQT 003||145 hp Compressor Engine||655.88||3400.62|