Louisiana Revisions to LAC 33:III.504 submitted to EPA 

June 15, 2005 (LA-76B) with the Baton Rouge Severe 

Area Rule Update 

This document contains only the Louisiana Revisions to 

LAC 33:III.504 submitted to EPA June 15, 2005 (LA-76B), 

with the Baton Rouge Severe Area Rule Update. The 

entire submittal is available at: 

LA021.10 Louisiana Baton Rouge Severe Area Rule Update, Revisions to LAC 33:III, Chapters 

5, 21, 22; Submitted to EPA June 15, 2005 (LA-76B). 93 pages 5.6 MB r35

Document ID: EPA-R06-OAR-2007-0924-0010 
State of Louisiana

Department of Environmental Quality

KATHLEEN BABINEAUX BLANCO

GOVERNOR

June 15,2005

Mayor Richard E. Greene

Administrator (6RA)

US EPA Region 6

1445 Ross Avenue, Suite 1200

Dallas, TX 75202-2733

RE: State Implementation Plan (SIP) Revision

Baton Rouge Severe Area Rule Update

Dear Mayor Greene:

MIKE D. McDANIEL, Ph.D.

SECRETARY

G

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The State of Louisiana has approved and is submitting the Baton Rouge Severe Area Rule

Update SIP revision for Baton Rouge as required by Section 182(d) ofthe Clean Air Act.

Please contact the Environmental Planning staff through Teri F. Lanoue at (225) 219-3550 if

you have questions.

Best wishes and warm personal regards.

Mike D. McDaniel, Ph.D

Secretary

c: Mr. Thomas H. Diggs, Section Chief

Enclosure

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Office of the Secretary P. O. Box 4301 Baton Rouge. LA 70821-4301

Telephone: (225) 219-3950 Fax: (225) 219-3970

An Equal Opportunity Employer

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REVISION TO THE STATE I~fPLENrENTATIONPLAN (SIP)

FOR THE CON'TROL OF OZONE AIR POLLUTION

Baton Rouge Severe Area Rule Update
Purpose:

Baton Rouge Severe Area Nonattainment Rules Update to the

Louisiana State Implementation Plan (SIP)

In response to the reclassification ofthe Baton Rouge area from "serious"

to "severe" by the Environmental Protection Agency (EPA) effective June 23, 2003, (68

FR 20077) the Louisiana Department of Environmental Quality (LDEQ) promulgated

revisions to the air quality regulations in the Louisiana Administrative Code (LAC). This

SIP submittal includes revisions ofChapter 5, Permit Procedures; Chapter 21, Control of

Emission of Organic Compounds; and Chapter 22, Control of Emissions of Nitrogen

Oxides (NOx). LDEQ is incorporating these rule revisions into the SIP to fulfill the

requirements ofthe "severe" classification mandated by the Clean Air Act Amendments

(CAAA) of 1990.

Authority: Revisions to or adoptions ofthe Air Quality rules and regulations are

made in accordance with Louisiana RS 30:2019. This SIP revision is submitted in

accordance with 40 CFR Part 51 Appendix V and policy established by Region 6.

Chapter 5 - Permit Procedures (Appendix A): Section 182(d) ofthe CAAA required

the Baton Rouge area to lower the major stationary source threshold for VOC and NOx

emissions from 50 tons per year (tpy) to 25 tpy. As a result, additional sources have

become subject to the Title V operating permits program. The affected sources are those

with a potential to emit at least 25 tpy of either VOC or NOx, or both VOC and NOx, as

well as any new major stationary source. All facilities that were impacted by this

requirement had an application deadline ofJune 23, 2004, according to LAC

Baton Rouge Severe Nonattainrnent Area Rule Update

June 2005

1
33:lII.507.C.3. This rule revision also includes a clarification ofthe internal offset ratio

that facilities must meet dependent upon the date that a permit application is deemed

administratively complete.

Chapter 21 - Control of Emission of Organic Compounds (Appendix B): LDEQ

revised LAC 33:III Chapter 21 to establish requirements in the 5-parish Baton Rouge

area for smaller VOC sources - equal to or greater than twenty-five tons per year and less

than fifty tons per year. LDEQ estimates that 16 facilities will be affected by the

proposed revision.

The following sections ofChapter 21 have been revised:

21 04 - Crude Oil and Condensate

2108 - Marine Recovery

2115 - Waste Gas Disposal

2123 - Organic Solvents

2125 - Vapor Degreasers

2143 - Graphic Arts

2147 - Limiting VOC Emissions from SOCMI Reactor Processes and Distillation

Operations

2149 - Limiting VOC Emissions from Batch Processing

2151 - Limiting VOC Emissions from Cleanup Solvent Processing

2153 - Limiting VOC Emissions from Industrial Wastewater

Chapter 22 - Control of Emissions of Nitrogen Oxide (Appendix C): LDEQ revised

LAC 33 :III Chapter 22 to establish requirements in the 5-parish Baton Rouge area for

smaller NOx sources - equal to or greater than twenty-five tons per year and less than

fifty tons per year. All other provisions ofChapter 22 remain the same.

Baton Rouge Severe Nonattainment Area Rule Update

June 2005

2
The rule establishes the following emission limits for small sources:

• Electric Power Generating System Boilers

Coal-fired 0.50 Ib/MNIBtu

Number 6 Fuel Oil-fired 0.30 Ib/MMBtu

All others (gaseous or liquid) 0.20 Ib/MMBtu

Industrial Boilers 0.20 Ib/MMBtu

• Process Heaters/Furnaces

Ammonia Reformers 0.30 Ib/MMBtu

All Others 0.18 Ib/MMBtu

• Stationary Gas Turbines

Peaking Service, Fuel Oil-fired 0.37 Ib/MMBtu

Peaking Service, Gas-fired 27 Ib/MMBtu

All Others 0.24 Ib/MMBtu

• Stationary Internal Combustion Engines

Lean-burn 10 g/Hp-hour

Rich-burn 2 g/Hp-hour

Baton Rouge Severe Nonattainment Area Rule Update

June 2005 3
Appendix A:

Chapter 5: Permit Procedures

§504. Nonattainment New Source Review Procedures
RULE

4#025

James H. Brent, Ph.D.

Assistant Secretary

002), LR 29:700 (May 2003), LR 29:1467 (August 2003

mulgated LR 30:232 (February 2004), amended LR 30' 2

(Apri 04).

Part XV. Radiation Protection

Chapter 15. Transportation of Radioactiv. Material

§1517. Incorpor ion by Reference

A. The departmen incorporates b reference 10 CFR

Part 71, Appendix A, Janu 1,20

AUTHORITY NOTE: Prom ed in accordance with R.S.

30:2104 and 2113.

HISTORICAL NOTE: P ulgated the Department of

EnVIronmental Quality, ffice of Enviro ental Assessment,

Environmental Plan g Division, LR 26: I (June 2000),

amended LR 27:2 3 (December 2001), LR 28:99 fay 2002),

LR 29:701 (M 2003), LR 30:752 (April 2004).

Under the authority of the Environmental Quality Act,

R.S. 30:200 I et seq., and in accordance with the provisions

of the Administrative Procedure Act, R.S. 49:950 et seq., the

secretary has amended the Air regulations, LAC 33:III.504

(Log#AQ235).

The purpose of the Rule change is to clarify the internal

offset ratio that facilities must meet in serious and severe

ozone nonattainment areas. The Baton Rouge Nonattainment

Area has been reclassified from serious to severe as a result

of failure to reach ozone attainment levels as mandated by

the Clean Air Act. This action has been mandated by the US

EPA. The basis and rationale for this Rule are to comply

with the provisions ofthe Clean Air Act Amendments.

This Rule meets an exception listed in R.S. 30:2019(D)(2)

and R.S. 49:953(G)(3); therefore, no report regarding

environmentallhealth benefits and social/economic costs is

required. This proposed Rule has no known impact on

family formation, stability, and autonomy as described in

R.S. 49:972.

Department of Environmental Quality

Office of Environmental Assessment

Environmental Planning Division

Nonattainment New Source Review Procedures

(LAC 33:III.504)(AQ235)

Title 33

ENVIRONMENTAL QUALITY

Part III. Air

Chapte r 5. Permit Procedures

§504. Nonattainment New Source Review Procedures

A. -A.5.

6. For applications deemed administratively complete

in accordance with LAC 33:Ill.519.A on or after December

20, 2001 and prior to June 23, 2003, the provisions of this

Section governing serious ozone nonattainment areas shall

apply to VOC and NOx increases. For applications deemed

administratively complete m accordance with LAC

33:III.519.A on or after June 23, 2003, the provisions of this

Section governing severe ozone nonattainment areas shall

apply to VOC and NOx increases.

B - D.2.

ppendix L. Mercury-Bearing Wastes That May Be

Processed in Exempt Mercury Recovery Units

. 40 CFR 266, Appendix XlII, July I, 2003, is her y

rporated by reference, except that in regulafons

orated thereby, 40 CFR 261, Appendix VIII hall

mea LAC 33:V.3105.Table l.

AU HORlTY NOTE: Promulgated in accordance wit

30:218 et seq.

HIST RICAL NOTE: Promulgated by the Depa ent of

Environ ntal Quality, Office of Solid and Hazardo s Waste,

Hazardous Waste Division, LR 22:827 (September 199 ,amended

by the 0 fice of Environmental Assessment, E ironmental

Planning 'vlsion, LR 27:300 (March 2001), R 27:2231

(December 2 01), LR 28:996 (May 2002), LR 29:70 (May 2003),

LR 30:751 (A riI2004).

Part IX. Water Quality

Subpart . The Louisiana Pollutant

Elimi atioD System (LPDES) Pr; gram

Chapter 23. efinitions and General DES Program

R quirements

§2301. General onditions

A - E. ...

F. All reference to the Code oJi Federal Regulations

(CFR) contained in this Chapter shall refer to those

regulations published in the July I, 2003 CFR, unless

otherwise noted.

AUTHORITY NOTE: romulgate in accordance with R.S.

30:2001 et seq., and in partie lar 2074 B)(3) and (4).

HISTORICAL NOTE: Pr mulga ed by the Department of

Environmental Quality, Offic of ater Resources, LR 2I :945

(September 1995), amended R 23: 199 (February 1997), LR

23 :722 (June 1997), amended the Office of Environmental

Assessment, Environmental P nning Division, LR 25: 1467

(August 1999), LR 26: 1609 (Au u t 2000), LR 27:2231 (December

2001), LR 28:996 (May 2002), R 9:700 (May 2003), LR 30:752

(April 2004).

Chapter 49. Incorpor tion b Reference

§4901. 40 CFR Part 1 6

A. 40 CFR Part 36, Guide ines Establishing Test

Procedures for the An ysis of PoUut nts, July 1, 2003, in its

entirety, and amendm ts to Part 136 68 FR 43271-43283,

July 21, 2003, and FR 54934, Sep ember 19, 2003, are

hereby incorporated y reference.

AUTHORITY NO E: Promulgated in a: cordance with R.S.

30:2001 et seq., andn particular 2074(B)(3) a d (4).

HISTORICAL N TE: Promulgated by t e Department of

Environmental Q ality, Office of Water Res urces, LR 21 :945

(September 1995 , amended LR 23:958 (Augus 1997), amended

by the Office of Environmental Assessment Environmental

Planning Divi on, LR 25:1467 (August 1999 LR 26:1609

(August 2000 , LR 27:2231 (December 200 I), L 28:996 (May

2002), LR 9:700 (May 2003), repromulgated LR 30:232

(February 2 4), amended LR 30:752 (April 2004).

§4903. 4 CFR Chapter I, Subchapter N

A. 40 CFR Chapter I, Subchapter N, Effluent uidelines

and Sta dards, Parts 401 and 405-471, July 1, 2 03, are

hereby ncorporated by reference.

AU ORITY NOTE: Promulgated in accordance wi

30:20 I et seq., and in particular Section 2074(B)(3) and (4).

HI TORICAL NOTE: Promulgated by the Departme t of

Env' onmental Quality, Office of Water Resources, LR 21 945

(S tember 1995), amended LR 23:958 (August 1997), amen ed

b the Office of Environmental Assessment, Environmen al

Panning Division, LR 25: 1467 (August 1999), LR 26: 16

ugust 2000), LR 27:2232 (December 200 I), LR 28:996 (Ma

Louisiana Register Vol. 30, No. 4 April 20, 2004 752
financial assistance; to provide for technical and manageri

a istance; to provide for a business mentor-prote Ie

pr ram; to recognize achievements for small and emerg' g

bus esses; and to facilitate access to state age cy

proc rement.

AU HORITY NOTE: Promulgated in accordance with R.S.

51:942.

HIST RICAL NOTE: Promulgated by the Depa ent of

Economi Development, Office of the Secretary, Di sion of

Economic lly Disadvantaged Business Development, 23 :49

(January 997), amended by the Department of conomic

Developme t, Office of Business Development, LR 29 542 (April

2003), LR 3 '753 (April 2004).

§103. Pu

A. The pose and intent of this Chapter 's to provide

the maximum pportunity for small and emerg'ng businesses

to become c mpetitive in a non-prefer ntial modem

economy. This rpose shall be accomplishe by providing a

program of assist nce and promotion.

AUTHORITY N TE: Promulgated in ac rdance with R.S.

51 :942.

HISTORICAL NO E: Promulgated

Economic Developm t, Office of the ecretary, Division of

Economically Disadva taged Business D velopment, LR 23:50

(January 1997), amen ed by the De artment of Economic

Development, Office of usiness Devel ment, LR 29:542 (April

2003), LR 30:753 (April 2 04).

§10S. Definitions

A. When used in thes regula ons, the following terms

shall have meanings as set orth bow.

Assistant Secretary" t e ssistant secretary of the

Department of Economic D we pment.

Certification" the dete . ation that a business qualifies

for designation as a small an merging business.

Designee" the person d si nated by the director to act

in his absence.

Director" the directo of he Small and Emerging

Business Development P gram signated by the secretary

of the Department of Ec omic De elopment.

Firm" a business t at has bee certified as small and

emerging.

Full-Time" worki g in the firm t least 35 hours per

week.

Program" the Business

Development Pro the Economic

Development.

RFP" reque for proposal.

Secretary" e secretary ofthe Depart

Development.

Small an Emerging Business (SEB)" a small business

organized fo profit and performing a comm rcially useful

function wh ch is at least 60 percent owned a d controlled

by one or ore small and emerging business ersons and

which ha its principal place of business in L uisiana. A

nonprofit organization is not a small and emergi business

for purp ses ofthis Chapter.

S II and Emerging Business Person" a citize or legal

reside t of the United States who has resided in L uisiana

for at east one year and whose ability to compete in t e free

ente rise system has been impaired due to dimi ished

cap tal and credit opportunities as compared to others i the

sa e or similar line cf business, and whose dimini ed

o portunities have precluded, or are likely to preclude, s ch

dividual from successfully competing in the open marke

753 Louisiana Register Vol. 30, NO.4 April 20, 2004

erging Business Development Pr gram

LAC 19:II.Chapters 1-13)

epartment of Economic Development

Office of Business Development

3. Notwithstanding Paragraph 0.2 of this Section, in

the case of any major stationary source located in an area

classified as serious or severe, if the owner or operator ofthe

source elects to offset the emissions increase by a reduction

in emissions of VOC or NO.., as specified in Paragraph F.I

of this Section, from other operations, units, or activities

within the source at an internal offset ratio of at least 1.40 to

I (if reviewed under requirements for serious areas) or 1.50

to 1 (if reviewed under requirements for severe areas), then

the requirements for LAER shall not apply.

0.4. - Table I. "PM lO".

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Radiation

Protection, Air Quality Division, LR 19: 176 (February 1993),

repromulgated LR 19:486 (April 1993), amended LR 19: 1420

(November 1993), LR 21:1332 (December 1995), LR 23:197

(February 1997), amended by the Office of Environmental

Assessment, EnVironmental Planning Division, LR 26:2445

(November 2000), LR 27:2225 (December 2001), LR 30:752

(April 2004).

RULE

0404#0 5

James H. Brent, Ph.D.

Assistant Secretary

Title 19

CORP RATIONS AND BUS ESS

Part I . Small and Emerging Bu ness

Development Program

General Provisions

St ement of Policy

cordance with the provisions of R.S.

ovisions of the Administrative Procedure ct, R.S.

49:95 70 as amended, the Department of Ec nomic

Deve opment's Small and Emerging Business Develo ent

Pro am administers these regulations which are intend to

pr scribe the procedures for qualifying and certifying s II

d emerging businesses; to provide for bonding and oth

The Department of Economic Developm nt, Office of

Business Developme t, as authorized by an pursuant to the

provisions of the Adm! istrative Procedure \<\ct, R.S. 49:950,

has adopted the follow! g amendments the Rules of the

Small and Emerging B iness Devel pment Program, in

order to amend LAC 19:II. hapters 1 3,5,7,9, 11, and 13.

The Department of Econo ic De elopment has found a

need to open the program t "Ie al residents," as well as

"citizens;" to provide additio a definitions; to allow the

director's "designee" to act in t absence of the director; to

achieve flexibility regardin t e Louisiana Contractors

Accreditation Institute (LC I) bo ding program when no

state funding is available for such raining; to permit the

limitation of the number fbond guar ntees outstanding at a

given time; and to co ectly reflect th name of the office

adopting the Rules.
NOTICE OF INTENT

Nonattainment New Source Review Procedures

(LAC 33:II1.504)(AQ235)

secretary gives notice that rulemaking procedures have been

initiated to amend the Air regulations, LAC 33:III.504 (Log

#AQ235).

The purpose of the Rule change is to clarify the internal

offset ratio that facilities must meet in serious and severe

ozone nonattainment areas. The Baton Rouge Nonattainment

Area is being reclassified from serious to severe as a result

of failure to reach ozone attainment levels as mandated by

the Clean Air Act. This action is being mandated by the US

EPA. The basis and rationale for this Rule are to comply

with the provisions of the Clean Air Act Amendments.

This proposed Rule meets an exception listed in R.S.

30:20l9(D)(2) and R.S. 49:953(G)(3); therefore, no report

regarding environmentallhealth benefits and social/economic

costs is required. This proposed Rule has no known impact

on family formation, stability, and autonomy as described in

R.S. 49:972.Title 33

ENVIRONMENTAL QUALITY

Part III. Air

Chapter 5. Permit Procedures

§504. Nonattainment New Source Review Procedures

A. - A.5.

6. For applications deemed administratively complete

in accordance with LAC 33:IlI.519.A on or after December

20, 2001 and prior to June 23, 2003, the provisions of this

Section governing serious ozone nonattainment areas shall

apply to VOC and NO, increases. For applications deemed

administratively complete in accordance with LAC

33 :II1.519.A on or after June 23, 2003, the provisions ofthis

Section governing severe ozone nonattainment areas shall

apply to VOC and NO, increases.

B -D.2.

3. Notwithstanding Paragraph D.2 of this Section, in

the case of any major stationary source located in an area

classified as serious or severe, if the owner or operator of the

source elects to offset the emissions increase by a reduction

in emissions of VOC or NO" as specified in Paragraph F.I

of this Section, from other operations, units, or activities

within the source at an internal offset ratio of at least lAO to

I (if reviewed under requirements for serious areas) or 1.50

to I (if reviewed under requirements for severe areas), then

the requirements for LAER shall not apply.

D.4. - Table 1."PM10'"

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Radiation

Protection, Air Quality Division, LR 19: 176 (February 1993),

repromulgated LR 19:486 (April 1993), amended LR 19: 1420

(November 1993), LR 21:1332 (December 1995), LR 23:197

(February 1997), amended by the Office of Environmental

Assessment, Environmental Planning Division, LR 26:2445

(November 2000), LR 27:2225 (December 2001), LR 29:

A public hearing will be held on September 24, 2003, at

1:30 p.m. in the Galvez Building, Room ClIl, 602 N. Fifth

Street, Baton Rouge, LA 70802. The hearing will also be for

the revision to the State Implementation Plan (SIP) to

incorporate this proposed Rule. Interested persons are

invited to attend and submit oral comments on the proposed

amendments. Should individuals with a disability need an

accommodation in order to participate, contact Lynn

Wilbanks at the address given below or at (225) 219-3550.

Free parking is available across the street in the Galvez

CT STATEMENT

RULES

, Toxies Emissions

ethodology

Robert E. Hosse

General Government Section Director

Legislative Fiscal Office

Department of Environmental Quality

Office of Environmental Assessment

Environmental Planning Division

parking arage when the parking ticket is

departmen personnel at the hearing.

All inte sted persons are invited to submit

comments 0 the proposed regulation. Persons co

should refere ce this proposed regulation by AQ2 . Such

comments mu be received no later than October 1 2003, at

4:30 p.m., and hould be sent to Lynn Wilbanks Office of

Environmental Assessment, Regulation D velopment

Section, Box 431 ,Baton Rouge, LA 70821-4 14 or to fax

(225) 219-3582 0 by e-mail to lynnw@ldeq. rg. Copies of

this proposed Regu tion can be purchased b contacting the

DEQ Public Recor Center at (225) 219 168. Check or

money order is requir d in advance for eac copy of AQ220.

This proposed Regu tion is available fi r inspection at the

following DEQ office 1 cations from 8 .m. until 4:30 p.m.:

602 North Fifth Street Baton Rou , LA 70802; 1823

Highway 546, West moe, LA 1292; State Office

Building, 1525 Fairfield venue, eveport, LA 71101;

1301 Gadwall Street, Lake CharIe LA 70615; 201 Evans

Road, Building 4, Suite 42 New Orleans, LA 70123; III

New Center Drive, Lafayette, A 0508; 104 Lococo Drive,

Raceland, LA 70394 0 on the Internet at

http://www.deq.state.la.us/plan·ng/regs/index.htm.

James H. Brent, Ph.D.

Assistant Secretary

0308#066

I. ESTIMATED TO

STATEORLOC

There will e no costs or savings 0 state or local

govemmentalt its as a result ofthis Rule.

II. ESTIMATED cr ON REVENUE COLLE

ORLOCAL VERNMENTAL UNITS (S.nrrm",n.\)

No effi cts on revenue collections of or local

govemme al units are anticipated.

III. ESTIMA COSTS AND/OR ECONOMIC B TO

DIRE Y AFFECTED PERSONS OR NONGO AL

GRO (SummaI)')

N costs to directly affected persons or non-go

grou s are expected.

IV. ES TED EFFEcr ON COMPEITTION AND EMPLO~Al~l'T"

(S )

No effect on competition or employment is anticipate .

Under the authority of the Environmental Quality Act,

R.S. 30:2001 et seq., and in accordance with the provisions

of the Administrative Procedure Act, R.S. 49:950 et seq., the

1685 Louisiana Register Vol. 29, No. 08 August 20, 2003
NOTICE OF INTENT

Waste Tire Regulations

(LAC 33:VII.l0505, 10519. 10525.

10527, and 10533)(SW034)

Department of Environmental Quality

Office of Environmental Assessment

Environmental Planning Division

* * * 'djustment Tire a tire that becomes unusa

reas n within the manufacturer's control and is turned to

the ealer under a tire warranty by the tire manufac

a ustments are initiated by the consumer.

* * *

Under the uthority of the Environmenta Quality Act,

R.S. 30:200 I e seq., and in accordance wit the provisions

of the Administ tive Procedure Act. R.S. 4 .950 et seq., the

secretary gives n tice that rulemaking proc dures have been

initiated to arne d the Solid Waste egulations, LAC

33:VII.l0505, 10 19, 10525, 10527, and 10533 (Log

#SW034).

The Rule clarifi and adds defi tions and reporting

requirements for c llection cente , adds recall and

adjustment tires to th fee system, hanges the number of

unmanifested tires tha can be dL pped off at collection

centers from 20 to 5 per day er customer, and adds

requirements for genera rs othe than new tire dealers to

maintain purchase recei ts, in entory records, and sales

invoices for three years. W te tires are coming from

out-of-state into the waste tI e rogram. There is currently no

fee collected on these ti s, but tbey are processed,

marketed, and paid for thr gh the Louisiana Waste Tire

Program. The basis and rat' n Ie for this Rule are to protect

the Waste Tire Managem t md from being depleted by

paying for ineligible out- f-state tires.

This proposed Rule eets a exception listed in R.S.

30:2019(D)(2) and R.. 49:953( )(3); therefore, no report

regarding environrnen lIhealth be fits and sociaVeconomic

costs is. required. Th' proposed Rl e bas no known impact

on family formatio stability, and a~ tonomy as described in

R.S.49:972.

Title 33

IRONMENTAL Q LITY

Part VII. Solid Was e

Subpart 2. Recyclin

Chapter 105. Waste Tires

§10S0S. D mitions

A. The ollowing words, terms, and p

in conjunc Ion with the Solid Waste Rules d Regulations,

shall hav the meanings ascribed to them i

except here the context clearly indicate

meanin .

Robert E. Hosse

General Government Section Director

Legislative Fiscal Office

Thomas C. Bickham, III

Undersecretary

0308#063

FISCAL AND ECONOMIC IMPACT STATEMENT

FOR ADMINISTRATIVE RULES

RULE TITLE: Nonattainment New Source

Review Procedures

James H. Brent, Ph.D.

Assistant Secretary

1. ESTIMATED J1V[PLEMENTATION COSTS (SAVINGS) TO

STATE ORLOCAL GOVERNMENT UNITS (Summary)

There are no known implementation costs or savings to

state or local governmental units.

n. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE

ORLOCAL GOVERNMENTAL UNITS (Summary)

There is no known effect on revenue collections of state or

local governmental units.

III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO

DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL

GROUPS (Summary)

There are no known estimated costs and/or economic

benefits to directly affected persons or non-governmental

groups.

N. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMEl'.'T

(Summary)

There is no known effect on competition and employment.

parking garage when the parking ticket IS validated by

department personnel at the hearing.

All interested persons are invited to submit written

comments on the proposed regulation. Persons commenting

should reference this proposed regulation by AQ235. Such

comments must be received no later than October I 2003 at

4:30 p.m., and should be sent to Lynn Wilbanks, Office' of

Environmental Assessment, Regulation Development

Section, Box 4314, Baton Rouge, LA 70821-4314 or to fax

(225) 219-3582 or bye-mail to lynnw@ldeq.org. Copies of

this proposed regulation can be purchased by contacting the

DEQ Public Records Center at (225) 219-3168. Check or

money order is required in advance for each copy of AQ235.

This proposed regulation is available for inspection at the

following DEQ office locations from 8 a.m. until 4:30 p.m.:

602 N. Fifth Street, Baton Rouge, LA 70802; 1823 Highway

546, West Monroe, LA 71292; State Office Building, 1525

Fairfield Avenue, Shreveport, LA 71101; 1301 Gadwall

Street, Lake Charles, LA 70615; 201 Evans Road, Building

4, Suite 420, New Orleans, LA 70123; III New Center

Drive, Lafayette, LA 70508; 104 Lococo Drive, Raceland,

LA 70394 or on the Internet at http://www.deq.state.la.us/

·planning/regs/index.htm.

Louisiana Register Vol. 29. No. 08 August 20, 2~03 1686
Page 1 of 1

AQ235 Summary

October 20, 2003

Comment Summary Response & Concise Statement - AQ235

Amendments to the Air Quality Regulations

Nonattainment New Source Review Procedures

LAC 33:111.504

Concise Statement arguments:

FOR: rr-he reason supporting WHY the suggestion in the comment should be adopted by DEQ.

Usually this is the commentor's perspective.]

AGAINST:

COMMENT 1:

[The reason WHY the department feels the suggestion should NOT be adopted.]

§504.A.6 - The proposed provisions of Subsection 504.A.6.

provide both the Department and the regulated community with a

"bright-line" date for the treatment of permit applications during the

transition between the ozone "serious" and "severe" provisions.

The selection of the "administratively complete" step in the permit

process is the appropriate date. Facilities which submitted

applications in good faith under the "serious" requirements should

be protected from the costs of reapplication if a "complete"

application was submitted. Failure to select an appropriate "bright

line" date imposes on both the Department and the regulated

community unnecessary administrative burden and delays.

No arguments necessary; comment does not suggest amendment or change.

RESPONSE 1:

COMMENT 2:

- The department appreciates the support.

§504.D.3 - The commentor supports retention of the "in lieu of

LAER" provisions. These provisions provide the regulated

community flexibility in determining new control requirements

required by NSR permitting and results via greater emission

reductions than those achieved by a "LAER only" provision. This

option is authorized by the Clean Air Act and should be retained.

No arguments necessary; comment does not suggest amendment or change.

RESPONSE 2: - The department appreciates the support.
Page 1 of 1

AQ235 Key

October 20, 2003

Comment Summary Response & Concise Statement Key - AQ235

Amendments to the Air Quality Regulations

Nonattainment New Source Review Procedures

LAC 33:111.504

COMMENT #

1 - 2

SUGGESTED BY

Richard Metcalf / LMOGA
LOUISIANA MID-CONTINENT

OIL AND GAS ASSOCIATION

801 NORTH BOULEYARD, SUITE 201, BATON ROUGE, LA 70802-5727

TELEPHONE (225) 387-3205 FAX (225) 344-5502

E-MAIL lmoga@lmoga.com

September 29, 2003

Ms. Lynn Wilbanks

Regulation Development Section

Department of Environmental Quality

Post Office Box 4314

Baton Rouge, Louisiana 70821-4314

Re: Proposed NSR Amendments

Log #AQ-235

Dear Mrs. Wilbanks:

The Louisiana Mid-Continent Oil and Gas Association appreciates the opportunity to submit the following

comments on the proposed amendments to the amendments to the New Source Review (NSR) Permit

requirements (Log #AQ-235) which appeared in the August 20, 2003 Louisiana Register. Mid-Continent is an

industry trade association which represents individuals and companies who together produce, transport, refine

and market crude oil, natural gas, petroleum products and electric power in Louisiana. Several Mid-Continent

members in the Baton Rouge area are subject to the NSR permitting rules.

Mid-Continent supports the proposed amendments to the NSR rules. The proposed provisions of Subsection

504.A.6. provide both the Department and the regulated community with a "bright-line" date for the treatment

of permit applications during the transition between the ozone "serious" and "severe" provisions. The selection

of the "administratively complete" step in the permit process is the appropriate date. Facilities which submitted

applications in good faith under the "serious" requirements should be protected from the costs of reapplication

if a "complete" application was submitted. Failure to select an appropriate "bright line" date imposes on both

the Department and the regulated community unnecessary administrative burden and delays. Once again, MidContinent supports the proposed subsection.

In addition, Mid-Continent supports retention of the "in lieu of LAER" provisions of Subsection 504.D.3.

These provisions provide the regulated community flexibility in determining new control requirements required

by NSR permitting and results via greater emission reductions than those achieved by a "LAER only" provision.

This option is authorized by the Clean Air Act and should be retained.

Once again, Mid-Continent appreciates the opportunity to submit these comments.

Sincerely,

Richard T. Metcalf

Health, Safety and Environmental

Affairs Coordinator
AUG 19 2003

DEQ/0EA/EPP

RfGlIL\TION DEVEI.OI'MENT SITTI()"

70821-4313

TELEPHONE ( 04) 826-2Rtf?CEl VED'

P.O. BOX 4314

BA.1DN roUGE, LA.

Sworn to and subscribed before me this

----'-=- 13c:....th day of"_---J!':-~~ ~___.-~ ----r--

/

RE:NOTICE OF INTENT DEPARTMENT OF ENVIroNMENTAL QUALITY

OFFICE OF ENVIroNMENTAL ASSESSMENT ENVIRONMENTAL PLANNINC

DIVISION NONATTAINMENT NEW SOURCE REVIEW PfOJEDURE.S

LAC 33: III •504) (A0235) . Advertisement ot DEPT. OF ENVIroNMENTAL QUALITY

Was published in__THE==-.....oT~I=-=ME=S.....:P:....:I::.::CA=YUNE=::::.- _

on the following dates__A_U_GU_ST_1_3_,_20_0_3 _

LEGAL rvTICE

State of Louisiana

Parish of Orleans

City of New Orleans

Personally appeared before me, a Notary in and for the

parish of Orleans, Robert J. Chiasson who deposes and

says that he is the Accounts Receivable Manager, of

The Times-Picayune Publishing Corporation, a Louisiana

Corporation, Publishers of The Times-Picayune, Daily

and Sunday, of general circulation; doing business in the

City of New Orleans and the State of Louisiana, and that

the attached

3800 HOWARO'AVE. NEW ORLEANS, LA 70125-1429

;~ERTIFiED COP

FOAM I,%·N
CERTIFIED COpy

rl;1 3 /!-t<.)

AFFIDAVIT OF PUBLICATIOl\

RECEiVED

AUG 19 2003

K!:\jLlLHION DEIIEI.Of'NIENT SECTIO:--;

( A Correct Copy of Publication)

'j

'.j.

~.;!

I, Linda V. Ward, Call Center Supervisor

of THE TO'YVN TALK, published at Alexandria,

Louisiana do solemnly swear that the

Public Notice

advertisement, as per clipping attached, was

published in the regular and entire issue ofsaid

newspaper, and not in any supplement thereof

for one insertions commencing with the issue

dated August 13,2003 and ending with the

issue dated August 13,2003.

Subscribed and sworn to before me

this day of August, 2003

~ifV1(mc:LQ Notary Public
3800 HOWARD AVE. NEW ORLEANS, LA 70125-1429 TELEPHONtr:-t:rt:74t-t:J"Zi:T-"t:tZ:tfu-----_=;_~

RECEIVED

AUG 1 4 2003

DEQ/OEA/f'I'O

REGl11.,\TION DEVEI.OI'MENT SEeTIO:"

My commission expires at my death.

Sworn to and subscribed before me this

12th day of

on the following dates__A_U_GU_S_T_1_1_,_2_0_0_3 _

Was published in__T_HE_T_IMES P_ICA_·_·YUNE _

BATON ROUGE, LA. 70821-4314

P.O. BJX 4314

RE : NOTICE OF INIENr DEPT'. OF ENVIRONMENTAL· ASSESSMENT

ENVIroNMENTAL PLANNING DIVISION OONA.TIAINMENT NEW SOURCE

REVIEW PROCEDURES (LAC 33:111.504) (AQ235)

Advertisement of DEn. OF ENVIroNMENTAL GUAL'ITY

LEGAL NJTICE

State of Louisiana

City of New Orleans

Parish of Orleans

Personally appeared before me, a Notary in and for the

parish of Orleans, Robert J. Chiasson who deposes and

says that he is the Accounts Receivable Manager, of

The Times-Picayune Publishing Corporation, a Louisiana

Corporation, Publishers of The Times-Picayune, Daily

and Sunday, of general circulation; doing business in the

City of New Orleans and the State of Louisiana, and that

the attached

FOm.4 1&t·N
DEQ/O~:A!U'l)

REGl.Il..\T10N DEVI'I.OI'1',tENT SH"TIO;-":

lIIl:gal/public NoticlIl:s RlIl:prlll:slll:ntativlIl:

l~t~:~t;·~~~·

at·:'the

afiiiti's'

;,'662

";"!,,A,

',W.est:

l"te'O,'I"e " " .. , .,.. ,lq::A.Y.~f!\,\,jft-( porJ··',l,A'z. . ····13°-l'J3ad' alrStreElI). ta~"""pha(I~5:',lA' 70615:,.2Q1;Sv""SRoact,:Buildiiig·

1.4.'" Su.ltEJ::·4.~9~. ~:N!JIi/';Or,le,a~'s;~ l,A i, 7~12;3~ :'(l·(l,j.:·.~ew .;:Cer~er .... qrl,,:e.;·

. L·"'ayett"; I:;A.7,Q5\lE\;.10:4 ,Loc:oc:o .

:. Dri"e:,'Ra·c.e·l~nd.,:~.']Q.39.4.-oion'_~:

the,;-Inren'~f.: ~t ,~~tp).1WwW,:(;t8q.:

state:)aiLJ1:1i1 plcinf1!nglr.egs/.fr'i~~e·x· .

•h'I:~;~~':e~~ziJh~",i;:: {' ..' '. 2673349.-au,.g·"~J~ II ;:"'-- .:.""

"".1'''' •

CERTIFIED COpy

RECEIVED

AUG 26 2003

CIT Y PRE I I

LA 70811-4314

Publ ish¢r of

THE ADVOCATE

Notary Publ

My Commission lxpirlll:s: Inddini

Baton Rouge, Louisiana

Sworn and subscriblll:d bdorlll: mill: by thlll:

plll:rson wboSIIl: signaturlll: a pplll:ars abOV1Il:1

PROOF OF PUBLICATION

08/13/03

Thill: hlll:rlll:to attachlll:d noticlIl: was

publishlll:d in THl ADVOCATE,

a daily n~spaplll:r of genlll:ral circu lation

published in Baton Rouglll:, Louisian a,

and thlll: Official Journal

of the Statlll: of Louisiana,

the City of Baton Rouglll:,

and thlll: Parish of last Baton Rouglll:,

in thlll: following iSSUIll:SI

DlQ - RlGULATJOH

PO BOX 4314

BATON ROUGE

CAPITAL

2673349
, DEQiOEAlEI'D;'

R[(,l.lI..\TION DEVE!.OI'MEN'i:';

AUG I 9

personally known to me,

t ~otary)

.- " .

QrhrQ[imt£l

Altheas Critton,

PROOF OF PUBLICATIO

CERTIFIED Copy

NOTICE OF INTENT Department of Environmental Quality Office

ofEnvironmental Assessment Environmental Planning Division

Nonattainment New Source Review Procedures (LAC 33:III.504)

(AQ235)

As per copy of advertisement hereto aImexed, was published in

The Times on the following dates to wit:

(Signed)

August 13, 2003

Before me, the undersigned authority, personally came and appeared

%0 being duly sworn, deposes and says that she is the Assistant to the

Classified Advertising ManagerofThe Times, and that the attached

Advertisement entitled:

STATE OF LOUISIANA

PARISH OF CADDO

Sworn to and subscribed before me this 13th day of August 2003.

rjtG7~M&::~'1

Departrrientof Environ- W'

1\ O~i~t:l~fU;,~I~i;~~~, ~k;;,;i,r Assessment " " .,,,·1 Envlronmen~al' p,I~r;ning!

DIvISion

Nonattainment ,."New : Source '.Re,vlew

Procedures' '.':'/" , (LAC 33:111.504) JAQ235),'

Under the authority of,

ihe Environment,at Quali- ,

ry Act, R,S, 30:2001 et,

seq., and in, accordance

witt1 the provisions 01 the

Administrative Procedure Act, R,S. 49:950 et iseg., the secretary gives

InotIce that, rUlema~lng

procedures have been Initialed to amend the Air

regulations, 'LAC

33:111.504 (Log #AQ235),

"The live-parish Batofl ' Rouge' ozone'

nonaltainmenl area, has

\

been ,reclassified trom

"seriou,s" to "se,v,ere",e.f,- ' lective June 23, 2003,

This proposed luie cianilies that serious area 1nonaltainment . requireilments apply to volatlle,or- ' ganic compounds, (VOG)

and nitrogen OXides

(NOX) increases in per-

'mit appllcartons deemed

Iadministratively' com~ plete prlor to June 23,

2003, and thaI severe

area nonaltainmenl, requirements apply: to

VOC and NOx Increases

in permit applicatioris

deemed administratively

complete on or·. after

June 23, 2003, .·It, also,

tully Incorporatel! the provisions at· Section.

182(c)(8) at the Clean,

Air Act (CAA),inl(l' the I

Nonattairimenl ,'O:'N~W'1

Source Review'lNNSR);l

proceduresloi.(i$~Yllre;

ozone': : nonaltalqment(

Iareas:bY,alloYiIQ9<<l,11{r;n8<

liar SOlJiCeS!O .aVOIO ,~he~ I requirements" o,f',lowesl; lachie~ableefnls6lon ratEl" I(ViER};lf Internal.ott!l~ts~

I~~~~t~~::~:1::;j:.:;;:']I!,;;~~~

!

.. on"AP.d.J.",24t,2OQ3.,':tM,':' Eiwlroomentel"'\,l'r'9teC.'i: , ~on 'AgencYr!lCI~~~Jtle<l\

'or "bUmPed, up' byoperaij'

lion 01 ,thelilwlhe Balon

Rouge :.~,<~ ..~" •(n9!1e,;

nonanaln'ment area frpm' a': etasiilfiCa!lori' ;,{:,,(>I'

"serious'" to '"s~vere~;._et-.:

tecllveJupe '23,'; 2003

.(68 FR 20077)_Ttie,fIV~-i

parish, ::'Bator:1' .',Ro\ige::

ozon!i 'nonaltalnment~

area Inetudes the parlsh":1 es at Ascension,.EastJ

Balo,;' Rouge," It,>&rvil1e, i:

Livingston, i;lndi""'!ls~B~t::i on Ro~ge,Under::S!lC-!

lion ..1820)._ oct,he,,.,,:.: 19,',9,O. Clean AIr' Act-Amend-,

'menla;. ': s'erici~~".',O;!:o,n!l:

nonaltalnmerib.areas,·, [(I".:

etasslfiedto sevele .are:

requlredlci submiIS!ete,i

Implemenlatl9f' PiaI') rltvl;~ sionsaddresslnglhe'~'

"vere area-, requ1rem"!.r;ltS!

torthe::one-hoUupzone

NaoonaL>'.'Arriblenl ... Air· Quallrysi~naiird.' ", One',

of, theserequlremenls Is . the loweriri'gollhe major

. staUQnarysource thresh,

old;'lor"VOC ,and' NOx,

:emisSICJ,ns from. 50)ons' . .;PEl(Ly.ear'-:4Q"'?<?'~.l . '. ,'. y.ear! -:1il1lli',r.lJ1~1

'Ing prpp6~fuJ"'as

:~~J~'i;\9:'!']~.:
dr, ",

Thi' n -isP""~'M;~f\1t;': .av._alt~tile.:~.: f~,r._· :In~ -~ . :i:'~~'·'-"·: -'

-

pectloh', at':\h.

e,t.91Io",:,m9

" ~.

,EQ·•..olffce.·. IElCatIOf1~ ..:,,~.

q~':i~.f&62,~~tll.~i~~:;~\':'

irre-~t,.BaIOnRouge, LA {:

0602; '1823 Highway "-,,~., 46 west' Monroe, LA'.;":,

1292; Slate ONice Build·I"(-

'ng, 1525 Fairfield Ave-\'"

ue, Shreveport, LA1101; 1301 Gadwall.

Street, Lake Charles"LA

70615; 201 Evans Road,.

Building 4,

. Suite' 420;

New Orleans;' LA 70123;

1t 1 New Center' 0ri"e,

~;, Lafayelle, LA ',70508;.

~k; 104 Lococo: '.Dnve,

!1

1

: Raceland' LA 70394"'or ~~?,; on ,the' \'lliteniiiF'c at

}.('; hllp://www.deq.state.la.u :;";' s'-', '. I .'

'.,':: planninglregsl1ndex.htm.

'\1 .A:;:'bt~l:i ::i~~,:ta~t~~~~~;:~O' environmental/health' \The Times: .,

benefits' '.', ,and'· VluQU.~_1l3,' 2,003._ '.' ,_ social/eConomic costs is I'. _ requiied..This proposed.

rUle. has' no ·1ihown.i.m-.

'PilC\OfJ I~rnily \6hpatlon" 'stabilitY, "'311Q;\autonomy.:

i.as:'descf.jbEia'. in) R;S.

.:~':~i;'~;:~,·';:;_"{,r,(':;~it~~;:~·;r:~· ~"~.:....,.-~ .A PUbllc.·h.ean.~ng will be.

heIcLon,.September 24,.

2003, at'1:30;p..;m, in the'

Galvez:;Builolrig; Room,

C1,j i,",.. 60~\.N. fl~h.

Street, Balon -Rouge,:,liA:

70602. The hearing'Yilll

also be fQ.l. ';the revislon

to the ~lat\i'i1mplel'[lenlation:~ \@:~,1P;il,n~orpo:,

''"'lte!~ .'?fl9!!l1d rule,I

'ItT.le rsoris are In·I ~vlted.,to aMnd and sLJ.bmrt oral. ments ,·on

the PiP'c"" eQd:I

ments':":tS. Ivldu·:

als witl'j'(·a·disabl.. need!

a~.e~cimQi6datldriiinor.~1 ,der.-';,!o;,,;pai't!clpale; con.';

,tact", Lynn Wilbanks·

i at;"

the' address giyen below

J

or lat''''(~?}'"Jl.9'3550,;1 Free pal:Rlhg I$avat!able;i

across the street In the"

9alvez p~r8lng garage;'

when the'\parklng ticket'

is.· validat,ed.,' by depart- .'_~,.

ment personnel al ,the', ---.J-'.. :;'.' .•••

'~~i~;k\f";:"~.".i'

..Alllhtai'eSted persons'·

are invited t";S.9b.mrt writ-'

lencommeri!~.:~trthe pro- posed regulahon, Per.

sons commenting shoUld;

relerencethls propoSed.

regulation by AQ235•

.Such c()mmer.lts must be :"

received '''00': Illter than

ctoCltlr:1, '2003,at 4:30f

p:m., and.,shduld· be sent

10 Lynn Wilbanks, .Otlice ofEn,,:~,:' . Assess-'

. mentili,f1 eveld opm~n~:' .. Box:-' i.. 4314," Batoh, Rouge, LA

'. 70821-4314 or. 10 FAX

(225) 219"3582 oi by "I;

mail to Iynnw@\deq.org;

~ClRle,s--,!Llhis pro '.',' .. ·eglJlatlon.•,C<\q, hi :chasea'bY'conla' . ':';:: DEQ' .Public '.Records,

" ," Center at (225(2.1fl· ,:,.,., 3168.. Check' or mone~

,::i>""" order is' required: rn',ad;'

.,5f~~1~~1,·;'"i~~i,~~.;.:~.'.i·.: ..ii,~,'.:.,'.:...',-.•!'¥,..;.~~~; '.,."/"',:;;,·~'}, ",'" --...

..

"r::,:,;~ '. ,~,

...:.:..~.·..:,?;'~'i.. ':'';:,~'' ': ';1,<

_,.,. :l(!,> 'I'<;;k'('(!;j~;'i!"rf?<, ..'~';

..,..~'~.,'!::~~\(~'; .',: ,'.'::;:: ::.-;.:;.",":: c~"' ',' :'1'.:,:, '.:"i':;:'~':-i
19 aJ03

RECEIVED

AUG

DEQ/Ol:AlEPD

EGUL\TION DEVELOPMENT SECTION

personally known to me,

CERTIFIED COpy

" I

DIANA W. BARB~R, ,~OTARY PUBLIC

CADDO PARISH, LOUISIANA

My' COMMISSION IS FOR LIFE

<1fhr QLimt5

(Signed)

PROOF OF PUBLICATIO

Altheas Critton,

Before me, the undersigned authority, personally came and appeared

STATE OF LOUISIANA

PARISH OF CADDO

Who being duly sworn, deposes and says that she is the Assistant to the

Classified Advertising Manager of The Times, and that the attached

Advertisement entitled:

New

Review

..Under the authority 01 '

the Environmental Quall-,

ty Act, R.S, 30:2001et

seq.: and in accordence

wrth the provisions otthe

Administrative Proce·

dureAcl, R.S. 49:950 et·

..

eq" the sec.re.tarygives .olice that rulemaklng'

rocedures have been in-:

Itiated 10 amend,Jbll. Air reglJlations, . .' LAl,;.

tl3:111.504 (Log #AQ235). I .

lrlle purpose ot the rule

tl1ange iSIO clarity the in·

emal oHset ratio that fa·

ilities must meet in serio

us and severe owne

nonatta/nmenl areas..

The Baton Rouge

Nonattaif,Jment· Area is.'

being'; reciassifiEl~:·lr6m I

seriOus.to severe as' a' reo'

sut!· of iailure":tO'reach 'I :ozone attainment 'levels i as mandated bY tile I

Clean Air Act. This' ac·

tion is being lTialidated r by the US EPA. ~"he ba·,

sis and rationale 'lor this',

Irule are to comply .....ith,

:~I~a,frovisiO;I~ 01. ~~i All "I't' . t d" .,.,. AMENDED NOTICE OF INTENT Department of Environmental I, Amendments. .. n eres e persons' . .

are inVited tosubmll writ- Quality Office ofEnvironmental Assessment Environmental Planning Th' d rUl len comments on the pro·

;;'ee't~ agr~~g:~hon Ii~~ posed, .r,eglJlalio,n~.:. Per·: Division Nonattainment New Source Review Procedures

R 5 [J)~) sons.commentlng.ShoUld·1 ed in .. 30:2019 ·2 rel.eience .•.. th.iS.PropoSed (LAC 33:IIL504) (AQ235) and R,5. 49:953( )( ); r I t b AQ2~~ therefore .. no report .'re- egu a Ion y ..,.,..'

g a. r':d . I n·;g,:. Such comments must be .

nvir nmental/health',j receIved no,laler than • • •

~enefi~s and October r, 2003, at4:30 As per copy of advertIsement hereto annexed, was publIshed In . II '0 t i p.m., and should be sent . '. . socia economic cs s s to Lynn Wilbanks, Office The TImes on the followmg dates to WIt:

reqUired. ThiS. proposed 01 Environmental Assess- ,

rule has no kn,?wn 1m· ment, Regulation Develpact,.on lam~ formation, opment . Section,' Box I

stability, an autonomy 4314, Baton Rouge, LA I August 13, 2003 as descnbed ,n R.5. 70821.4314 or to FAX'

49:972, (225) 219·3582 or bY' e·

. . mail to Iynnw@\deq.org. ..A public heanng WIll be Copies of this proposed

held on September 24,', regulalion can be pur'

2003, al 1.30.p.m. ,n the' chased. by contacting the

Galvez BUlldmg, RO?m IDEO Public Records

C111, . 602 N. FIttt1 Center' at (225) 219.

Street, Baton R0l!ge, LA 3168. Check or money

70802. The heanng. will order is required in ad- .

also be lor the reVISion vance tor each copy 01

\0 the Stale Implementa· AQ235 !

tion Plan (SIPlIO incorpo- .

rate this proposed rule. ..This proposed regula· worn to and subscribed before me this 13th day of August 2003_ Interested persons are in· lion is available for in.

vited 10 attend and sub- spectlon at the following

mit oral comments on DEO oHice locanons

the proposed amend· t 8 . til 4 30 menIS. Should individu. rom a.m.. un . : . h d' b'llty' d p.m.: 602 N. Fittt1, als WIt a Isa I nee Street, Balon Rouge, LA . ,

der an accommodation to "articlnate, incan·' or· 70802;18~~ .

H'n" I".,way I~' • t . ~" 546,Wasf;·Monrcie, .LA CLL' . 0---

,lact Lynn Wilbanks at 7129:;!;$.tate;0tflceBulld·; "" . ,J l ~, /l 7'11\ .l_' ~Y";." •. IL I the address given below irig,i:525faltfjeld (live· . . "" _ -,J/~ _ _,~ or at (225).219-3550. null., ·:.',Shrevepor'!;· LA .------

Free parlo;ing is available 71101;" 13U1-_. Gadwall. (Notary) across the s.lreel ,n the Street, Lake Charles, LA

Galvez parkm~ garage 70615;'.201,Evans.Aoad, i

when .the parlo;lng ocket I BUildlng,4,;L5uir~~::;l20, ; IS validated by depart·: New Orleans;lA7(')j23; . ment personnel at the 111 New ~nter DriVe,

heanng. .' Lafayette, .. LA 70508;

..1104 LocoCo· 'Drive,

, Raceland,' LA 70394 or

on the Ihtemel at

http://www.deq.state.la.u

\

.s . I. . ptanrilnglregslindex,htm.

I ".,.'

... James H. Brent. Ph.D.

: ..Assistant Secretary

OF I~ITENT

Tho Times:

:fugust 13, 2003

• Department 01

I

·Environmental Quality .

Office' at EnVironmental

I

Assessment

Environmental Planntng

I GI~i~i,ol'\i- •.

I Nonaii£i~ment : Source

\ Procedures

I (LAC 33111.504}(AQ235)
RECEIVED

AUG 2 8 2003

DEQIOl:A/EI'D

. II.EGUl.,\TION DEvf:l.OI'IvlENT Sl:CTIO~

221 JEFFERSON STREET

Lafayette. LA 70501

CERTIFl'D COpy

Acadiana I s Daily Newspaper P:3 /-u/

THE ADVERTISER

PHONE: (337) 289-6300

FAX: (337) 289-6466

AFFIDAVIT OF PUBLICATION

Lynn Wilbanks

Department of Environmental Quality

Regulation Development Section

P. O. Box 4314

Baton Rouge/ LA 70821-4314

Account No.: L-DEQRDS

Ad Number: 07525570

Ad Total: $75.00

Ad Inches: 12

**IN ORDER to insure proper credit

please refer to your account number andl

or ad number when making payment.

I, ROSE PENFOLD, do solemnly swear that I am the LEGAL CLERK of THE ADVERTISER,

a newspaper printed and published at Lafayette, in the Parish of Lafayette, State of Louisiana, and

that from my personal knowledge and reference to the files of said publication, the advertisement of

NOTICE OF INTENT

Department of Environmental Quality

Office of Environmental Assessment

Environmental Planning Division

Nonattainment New Source Review Procedures

(AQ235)

was pUblished in THE ADVERTISER on the following dates:

-P-":?l1'*TH U RSDAY/ AUGUST 14/ 2003

Sworn to and subscribed before me this 2fe,di-cday of August, 2003.

(/12< ~~NOTARY PUBLIC ~/
. ~.

-

-

..

•

•

•
A daily newspaper of general circulation.

The person whose signature appears above in 1vlonroe, LA on this

THE NEWS-STAR

MONROE, LOUISIANA

PROOF OF PUBLICATION

LEGAL AD DEPT.

==== ======='i\

-CEltTlFIED COpy

t: J- b -"j ublisher of

Published in Monroe, Louisiana.

Parish of Ouachita in the issues of:

!J;tt~f;~

was published in the NEWS-STAR.

The hereto attached advertisement

Sworn and subscribed before me by

RECEIVED

AUG 28 2003

DEQ/OEA/fPD

Il.EGlIl.,\TION DEVI:I.OP~\\:N" SF.CTfO~

;;. ,.._,:•.NO]")P~ qr;:I?!J'ENi.;* ", Department otten""'fronmenta~

. office of~:~:%nm..nbl');i~( A..ssessment . ...'-.:._

Env;TOn'a~7:r~;I~~!~'~~~~!\.: I Nonattainment New Sourc~~:,

Review Procedures :;..~:

(LAC 33.:11I.504)(AQ235r.~.· Under Ihe aulhonty·of.the·En. vironmental - Quality Act, RSi

30:2001 at :seq., and i!". ~~~

cordance with the provl5lon~

of ,the ..Administrative ,Pro~1

dure Acl'" R.S. '49:950. el. 9<><1<; the' secretary gives notl~~

that rulemaklng:' procedu~8_

have been· initiated to amen.d the' Air. regulations, L:l\C

33:111,504 ((.og #AQ23.5). .•. ::: The;'" .pul1>Ose. ofth..· ·,rtll

". change is to· clarify ~he \n~~ . nal 'oftsetratio -that' faciii~~~~ must: meet in &&riOU3 an~ .~~

vere .. oz.one nonatt3inm'~lJj

areaS. The Bilton Rouge N~,

albinment Area Is being ,;~

classified from ',eriou5. tc;» , ver9 as a' result of faltu"r,~~ reach ozone attainment kty,:tl~,

a8 milndated by the Clean .~!r

Act. This action IS be'I'19 mandat.ed by tn.. US EPA."T~~ basis .and· rationa)e:. for·':,U"'o.~

. rule are to .comply .with.~'tf:1~ . provi~ion9 of :tne. Clean' ~~~;

Act Amendments. : .' . :~, !,'J~~1

Thi5 proposed' rule ~eet,5 a~

exception listed 'n ... R.so 30:20.19(0,\21 . and' R.S,:

49:95,3(G}(3,;. therefore, no ~'.

port regarOtng' enYlronmert

tal/heal.th" ·benefits and',. SO:~ \

cial/economiC, coste i3'e:' ,re;

quired.~..:This proposed -' nJl~

has no known.: impact on t31111:-

Iyformatlon. S1abllilli, 'and au" tonomy 'as described ,In;R.5' 49:972. .... ..'. .,.'lfi A public h""ring willben..ld on .,·September . 24, .2003, a~

1:30p.m, in .the Galv... Build" ing,'F\oom C111. 602 N,Flttl\.

Street,.· Baton, Rouge~'

.70802..The hearing, will'also be" for. the revision. toc: the State Implementation .Plan (SIP) to incorporate this' p......

~=a.::~~lt..:r~r~~~nd submit oral comments on the

. proposed. . a(l1'enaments.

Shou&d Individuals with a. dial' abUitY""need' 'an a~~".'~oda:t tion., In:, orner to.par1..iclpate~

.contact Lynn Wilbanks a~ Ihe address ',given below 0:(' at (2251'219-3550; ·Fr.... · parking

is availabl..·.across the st......t in tt1.e ·.Ga~ve:z parking garage when .the parking ticket is validated'by d..partm"nt pe':S"n-

'",el at't,n~.,nearin9·" ,:.,:',. ',' All· inte~st~ person, are In· vited ,to'··..subn'ut writter1 com"

ments on: tile" proposQd ~u,

lation'.. :.P.8.tsons eomme'rrt;lng

should', r'ef...ren.ce ,this 'pro- posed _reg"Jation..by,AQ235, Such c:o",~enta must· be ceived. no,' later than October.

1, 200J,i. ' i1.1;..4:3.OP'.m.,:,.; a.nd._ 9hould·: i' b,e",s.ent;'.,to. ,ly~n,

i~~~~.:~~t>~~'Jt~.; r.tSl;~"Peve'opment':Saction1

'· Box 43.14, ,.Baton)·.Rouge/:., L." . 70621431 4"arto . FAX ,f251

- ~~~-;~1J":;~~iv~Y·. ~~r~s ~~ this '. prop03'&d:. regulation, can

rh'e b€'t~~c ':r:~~~~~ ter i1t (2251':l19.3168. Check or money. ord'er is required in ... :ldvance . for .each copy of

~Q2J5.·

rhis .proposed regUlation is :tvaHab'e .for inspect\on at the lollQwing OEQ gHice locations Tom ·,8 a~m. until 4:30 p.m.: ;02 N. Fifth. Str....t, Baton _ loug~ LA 70802; 1823 Hi!jh."

yay 0'46,. West Monroe. LA '1292;. stat& Office Building, 152' . Fairf,e'd . Avenue ihr..vepOrt,~ 71101; 1301 iadwaliStreel, 'Lake Charles, .A 70615; 201 Evans Road,

luilding 4, .Su'tte 420, New

Irt"i1ns, LA 70123: 111 Hew ~nte'" Drive. Lafayette. LA 0508;, 104 Lococo Drive,

laceland, LA 70394 or on the

lternet at _ tlp:/Iwww.deq.state.la.usl

lanning/regslindex.htm. .James H. Brent, Ph.D. """,I"tant Sec....tary

lonroe, LA. ugust18,2003
STATE OF LOUISIANA

DEPARTMENT OF ENVIRONMENTAL QUALITY

IN RE:

NONATTAINMENT NEW SOURCE ~EVIEW PROCEDURES

LOG #: AQ235

PUBLIC HEARING

The Public Hearing held by the Louisiana

Department of Environmental Quality, Regula~ion

Development Section, at the Galvez Building,

Roo m C 1 1 1, 6 0 2 N. F i f t h S t r e e t, Ba- ton R0 U9 e ,

Louisiana, beginning at 1:45 p.m., on September

24,2003.

BEFORE: Lori B. Overland

Certified Court Reporter

In and For the State of

Louisiana

ASSOCIATED REPORTE S, I~CEIVED

(225) 216-203

OCT 6 2003

[) I' Q. 0 I:!\'FI' [)

Rr:Ci\11..\T10N DE\' EI.O 1'~11;. "'~~( -110"
DEPARTMENT OF ENVIRONMENTAL QUALITY

A P PEA RAN C E S

FOR THE LOUISIANA DEPARTMENT OF ENVIRONMENTAL

QUALITY:

Cheryl Flory

Hearing Officer

Department of Environmental Quality

OEA/Regulation Development, 6th Floor

P.O. Box 4314

Baton Rouge, Louisiana 70821-4314

* * * * *

2

ASSOCIATED REPORTERS, INC. (225) 216-2036
DEPARTMENT OF ENVIRONNIENTAL QUALITY

I N D E X

EXAMINATION:

None.

EXHIBITS:

None

REPORTER'S PAGE

REPORTER'S CERTIFICATE

* * * * *

ASSOCIATED REPORTERS, INC.

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PAGE(S)

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(225) 216~2036
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DEPARTMENT OF ENVIRONMENTAL QUALITY

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MS. CHERYL FLORY:

Good afternoon, ladies and gentlemen.

My name lS Cheryl Flory. I'm employed with

the Louisiana Department of Environmental

Quality. I'll be serving as hearing officer

this afternoon to receive comments regarding

proposed amendments to t.he Air and Solid

Waste regulations, and to the State

Implementation Plan for Air Quality.

The comment period for these

amendments began on August 20, 2003, when

the notice of intent was published in the

Louisiana Register. The comment period will

close at 4:30p.m., October 1,2003. It

would be helpful to us if all oral comments

received today were followed up in writing.

This public hearing provides a

forum for all interested parties to

present comments on the proposed

changes. I'll ask that each person

commenting come up and sit at the front

table and begin by stating his or her

name and affiliation for the record.

The next amendment is designated by

4

ASSOCIATED REPORTERS, INC. (225) 216-2036
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DEPARTMENT OF ENVIRONMENTAL QUALITY

the Log Number AQ235.

The purpose of the rule change lS to

clarify the internal offset ratio that

facilities must meet in serious and severe

ozone nonattainment areas. The Baton Rouge

Nonattainment Area is being reclassified

fr~m serious to severe as a result of the

failure to reach ozone attainment levels as

mandated by the Clean Air Act. This action

is being mandated by the US EPA. This rule

is also being proposed as a revision to the

Louisiana State Implementation Plan for air

quality.

Does anyone care to comment on this

regulation?

(No response.

MS. CHERYL FLORY:

If not, the hearing on AQ235 is

closed.

lId like to thank you for your

attention and participation. This

hearing is closed.

THE HEARING WAS CONCLUDED AT 1:46 P.M.

* * * * *

5

ASSOCIATED REPORTERS, INC. (225) 216-2036
1

DEPARTMENT OF ENVIRONMENTAL QUALITY

REP 0 R T E R s P AGE

6

2 1/ Lori B. Overland/ Certified Court

3 Reporter/ in and for the State of Louisiana/ the

4 officer/ as defined in Rule 28 of the Federal

5 Rules of Civil Procedure and/or Article 1434(b)

6 of the Louisiana code of Civil Procedure/ before

7 whom this sworn testimony was taken/ do hereby

8 state on the Record

9 That due to the interaction in the

10 spontaneous discourse of this proceeding/ dashes

11 (- -) have been used to indicate pauses / changes

12 in thought/ and/or talk overSj that same is the

13 proper method for a Court Reporters's

14 transcription of proceeding/ and that the dashes

15 (--) do not indicated that words or phrases have

16 been left out of this transcriptj

17 That any words and/or names which could not

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be verified

denoted with

through reference material have been

the phraseJiJ~~fJ;J~_-

Lori Overland/ C.C.R.

# 97083

ASSOCIATED REPORTERS, INC. . (225) 216-2036
1

2

DEPARTMENT OF ENVIRONMENTAL QUALITY

C E R T I FIe A T ION

I, the undersigned reporter, do hereby

7

3 certify that the above and foregoing is a true

4 and correct transcription of the stenomask tape

5 of the proceedings had herein, taken down by me

6 and transcribed under my supervision, to the

7 best of my ability and understanding, at the

8 time and place hereinbefore noted, in the above

9 entitled cause.

10 I further certify that the witness was duly

11 sworn by me in my capacity as a Certified Court

12 Reporter pursuant to the provisions of R.S.

13 37:2551 et seq. in and for the state of

14 Louisiana; that I am not of counsel nor related

15 to any of the counsel of any of the parties, nor

16 in the employ of any of the parties, and that I

17 have no interest in the outcome of this action.

18 I further certify that my license is in good

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standing

state of

as a court reporter in and for?Jh

Lou i s ian a_.e:--==='"::::=:::::::,;=::;::;:::::.~ ~~' [)

----------------------

Lori Overland, C.C.R.

ASSOCIATED REPORTERS, INC. (225) 216-2036
NOTICE OF INTENT

Department of Environmental Quality

Office of Environmental Assessment

Environmental Planning Division

Repeal of Interpollutant Trading

(LAC 33:111.504) (AQ242)

Under the authority of the Environmental Quality Act, R.S. 30:2001 et seq., and in

accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., the

secretary gives notice that rulemaking procedures have been initiated to amend the Air regulations,

LAC 33:III.504 (Log #AQ242).

This rule revision proposes to disallow interpollutant trading and repeals the option of using

creditable nitrogen oxide (NOx) reductions to offset significant increases of volatile organic

compounds (VOC). The Baton Rouge ozone nonattainment area has not attained the one-hour ozone

air quality standard. Some exceedances in the area characterized by rapid ozone formation may have

been caused by releases of highly reactive VOc. The rule revision is proposed to prevent possible

increases in these types of occurrences. The basis and rationale of this proposed rule revision is to

provide more protection for air quality in the Baton Rouge ozone nonattainment area.

This proposed rule meets an exception listed in R.S. 30:2019(0)(2) and R.S. 49:953(G)(3);

therefore, no report regarding environmental/health benefits and social/economic costs is required.

This proposed rule has no known impact on family formation, stability, and autonomy as described

in R.S. 49:972.

A public hearing will be held on June 24, 2004, at 1:30 p.m. in the Galvez Building, Oliver

Pollock Conference Room Clll, 602 N. Fifth Street, Baton Rouge, LA 70802. Interested persons

are invited to attend and submit oral comments on the proposed amendments. Should individuals

with a disability need an accommodation in order to participate, contact Judith A. Schuerman, Ph.D.,

at the address given below or at (225) 219-3550. Free parking is available across the street in the

Galvez parking garage when the parking ticket is validated by department personnel at the hearing.

All interested persons are invited to submit written comments on the proposed regulation.

Persons commenting should reference this proposed regulation by AQ242. Such comments must be

received no later than July 1,2004, at 4:30 p.m., and should be sent to Judith A. Schuerman, Ph.D.,

Office of Environmental Assessment, Environmental Planning Division, Regulation Development

Section, Box 4314, Baton Rouge, LA 70821-4314 or to FAX (225) 219.3582 or bye-mail to

judith.schuerman@la.gov. Copies of this proposed regulation can be purchased by contacting the

DEQ Public Records Center at (225) 219-3168. Check or money order is required in advance for

each copy of AQ242.

This proposed regulation is available for inspection at the following DEQ office locations

from 8 a.m. until 4:30 p.m.: 602 N. Fifth Street, Baton Rouge, LA 70802; 1823 Highway 546, West

Monroe, LA 71292; State Office Building, 1525 Fairfield Avenue, Shreveport, LA 71101; 1301

Gadwall Street, Lake Charles, LA 70615; 201 Evans Road, Building 4, Suite 420, New Orleans, LA

70123; 111 New Center Drive, Lafayette, LA 70508; 104 Lococo Drive, Raceland, LA 70394 or on

the Internet at http://www.deq.louisiana.gov/planning/regs/index.htm.

James H. Brent, Ph.D.

Assistant Secretary
FISCAL OFFICE DRAFT/APRIL 20, 2004

Title 33

ENVIRONMENTAL QUALITY

Part III. Air

Chapter 5. Permit Procedures

§504. Nonattainment New Source Review Procedures

A - E.5....

AQ242

F. Emission Offsets. All emission offsets approved by the department shall be

surplus, permanent, quantifiable, and enforceable in accordance with LAC 33.m.Chapter 6 and

shall meet the following criteria-=-.:.

1. All emission reductions claimed as offset credit for significant net NO*

increases shall be from decreases of NO*. All emission reductions claimed as offset credit for

significant net 'lac increases shall be from decreases of either NO;><-or 'laC, or any combination

thereof, provided that if NO* decreases are used, the permit for which the offsets are required

shall have been issued on or before November 15,2005. All emission reductions claimed as

offset credit shall be from decreases of the same pollutant or pollutant class (e.g., VOC) for

which the offset is required. Interpollutant trading, for example using a N0.o. credit to offset a

VOC emission increase, is not allowed. Offsets shall be required at the ratio specified in Table 1

of this Section.

F.2. - G.Table l.Note "PMIO"....

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

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office

ofAir Quality and Radiation Protection, Air Quality Division, LR 19:176 (February 1993),

repromulgated LR 19:486 (April 1993), amended LR 19: 1420 (November 1993), LR 21 :1332

(December 1995), LR 23: 197 (February 1997), amended by the Office of Environmental

Assessment, Environmental Planning Division, LR 26:2445 (November 2000), LR 27:2225

(December 2001), LR 30:

1