# Louisiana Revisions to LAC 33:III.501, 504, 505, 506, 507,

551, 603, 605, 607, 613, and 615 submitted to EPA August 14, 2009 (LA-106) with the Louisiana 2007 General Rules Update This document contains only the Louisiana Revisions to LAC 33:III.501, 504, 505, 506, 507, 551, 603, 605, 607, 613, and 615 submitted to EPA August 14, 2009 (LA-106) with the Louisiana 2007 General Rules Update.

### BOBBY 

## JINDAL GOVERNOR 

# State of Xouigiana DEPARTMENT OFENVIRONMENTAL QUALITY 

## OFFICE OF THE SECRETARY

August 14,2009

Mr. Larry Starfield Administrator, 6RA US EPA, Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 HAROLD LEGGETT, PH.D. SECRETARY



## RE: 2007 General Revisions to the State Implementation Plan
Dear Mr. Starfield: The State of Louisiana has approved and is submitting the 2007 General Revisions to the State Implementation Plan (SIP). This SIP submittal incorporates revisions to the Louisiana Administrative Code (LAC) during the year 2007. Please contact the planning staff through Vivian Aucoin, at (225) 219-3509 if you have any questions. Best wishes and warm personal regards. Sincerely, 

# d4&

Secretary Enclosure

Post Office Box 4301 Baton Rouge, Louisiana 70821-4301 Phone 225-219-3953 Fax 225-210-3971 www.deq.iouisiana.gov

## RECEIVED - 

## 6;3Ei 

# AIR PiAtIHiFiG 

## SEi:



# Louisiana State Implementation Plan Revision

2007 GENERAL REVISION TO THE

STATE IMPLEMENTATION PLAN

Submitted to: EPA Region 

### 6 1445 Ross Avenue, Suite 1200 

## Dallas, TX 75202-2733 

### Final August 2009

### TABLE OF CONTENTS

2007 GENERAL REVISION TO THE STATE IMPLEMENTATION PLAN

OVERVIEW



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.l PURPOSE AUTHORITY SUMMARYOF RULES PROMULGATED



## ............... .

## ............. ......................... . . ...

## ..

## ....

## .....

## ......

## ....................... . .2



### APPENDIX A -

### FINAL REVISED REGULATIONS AQ 249



### ................ (LAC 33:111.1323,1325,1327,1329,1331,1333)



## ...................................................... 8 AQ 256


## .................................. LAC 33:111.211,223,551)


## ..................................................................... 90 

### AQ 271



### ...................... LAC 33:111.1502,1503,1507,1511,1513)



## ....................................................... 146 

### AQ 272



## ...................................... LAC 33:111.2103)



## ......................................................................... 229 

### AQ 287P



### ........................ LAC 33.III.603,605,607,613,615)



## ............................................................ 253 

### MM 002*


## ................ (LAC 33.111. 1 11,21 1,501, 504, 505, 506,



## ............................................................

APPENDIX B 

### -PUBLIC PARTICIPATION Public Notice



## ...................................................................................................................................... 336 

### Public Hearing



## .................................................................................................................................... 349 

### Public Comments & 

### Responses to Comments


## ................................................................................... 356



## * Thisruleincludes Parts oftheLouisiana Administrative Codethat are not applicable to air quality; thesections that are pertinent to this proposed SIP are listedabove.

### OVERVIEW PURPOSE This proposed State ImplementationPlan (SIP) revision incorporatesrules promulgated in the Louisiana AdministrativeCode (LAC) during 2007. The submittal includes revisions to regulations in LAC 33:III.Chapters 1,2,5, 

### 6, 9, 11, 13, 15,21,22, and 23 as well as supporting rules not previously submitted. Submittalofthis SIP revision to the Environmental ProtectionAgency fblfills an air qualityplanning commitment

### in the Performance Partnership Grant. AUTHORITY Revisions or adoptions to the Air Quality rules and regulations are made in accordancewith Louisiana R. S. 30:2019. The SIPrevision is submitted in accordance with 40 Code ofFederal Regulations (CFR) Part 5 1 Appendix V and policy established by EPA.

# SUMMARY OF RULES PROMULGATED

### 3

### Emission StandardsforParticulate Matter

limitationswith which an

### which provides for control technology requirements and

# Toxic

# AirPollutantProgram' Revision LAC 33:111.%,22f,551 

# a11executive director inbccordance whState Civil Service ority of the executive the division for which helshe is appointed. 3. As the adminis head of a division, the director shall be responsi the executive director for planning, supervising, ting, administering and executing the functions division in accordance regulations, policies, direc 4. The directors authority.

of its comrnittdes and to maintain and hrovide for the

George Badge Eldredge General Counsel 

### RULE Departmentof Environmental Quality Officeofthe Secretary Legal Affairs Division Comprehensive Toxic Air Pollutant Emission Control Program (LAC 33:111.211,223,551,5101,5103, 5105,5107,5109,5111,and5112)(AQ256) 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 has amended the Air regulations, LAC 33:III.2 11, 223, 551, 5101, 5103, 5105, 5107, 5109, 5111, and 5112 (Log#AQ256).

The air toxics rule has been in effect for 15 years. It currently contains dated language that needs to be removed or modified. Updating the rule also addresses requests from industry to streamline the rule. This rule revises the air toxics rule in the following ways: eliminates obsolete rule language and most rule language concerning compliance plans and certifications of compliance; removes obsolete department requirements; clarifies area (minor) and major source requirements; utilizes applicable federal Maximum Achievable Control Technology (MACT) rules (40 CFR Part 63) for state MACT; eliminates the exemption for electric steam generating units; exempts virgin fossil fuels gas streams not containing TAPS at chemical plants; moves discharge reporting requirements to LAC 33:I.Chapter 39; advances the submittal of the Toxic Emissions Data Inventory (TEDI) reports to not later than March 3 1 of each year; exempts area (minor) sources from submitting TEDI reports; and revises public notice requirements.

The department made substantive changes to address comments received during the public comment period of proposed ruleAQ256. In LAC 33:111.223, Note 13to Table 2 is revised for clarity. The exemption for electrical utility steam generating units is reinstated in LAC 33:111.551 and 5105. The definitions ofpotential to emit and virgin fossil fuel have been revised in LAC 33:111.5103. In LAC 33:111.5105, the exemption for the combustion of virgin fossil fuels has been reworded. Revisions for clarity are made in LAC 33:111.5107, 5109, and 51 11. A footnote has been added toTable 51.2 in LAC 33:111.5112.

The department made revised substantive changes to address comments received during the public comment period for the substantive changes to the proposed rule, AQ256S.LAC 33:111.5105.B.3.c is revised toprovide for the continuing exemption of emissions from the combustion of refinery fuel gas and to clarify that the emissions from the combustion of fuel gas systems are also exempt from the provisions of LAC 33:III.Chapter 51. Also, the discharge reporting requirements in LAC 33:111.5107.B that were deleted in the original proposed rule, AQ256, are reinstated in the regulations.

The basis and rationale for this Rule are to update the Louisiana Ambient Air Quality Standards to ensure continued protection of human health and the environment.

Louisiana Register Vol. 33, No. 12 December 20, 2007This Rule meets an exception listed in R.S. 30:2019(D)(2) and R.S. 49:953(G)(3); therefore, no report regarding environmentalhealth benefits and sociaVeconornic costs is required. 

### Title 33 ENVIRONMENTAL QUALITY Part 111. Air Chapter2. Rules and Regulations for the Fee System of the Air Quality Control Programs $211. Methodology

A. Formula to Apportion Fees

din LAC 33:IIL5112,Table



### B. -B.13.e.


### ... 14. Air Toxics Annual Emissions Fees based on actual annual emissions that occurred during the previous calendar year shall be assessed on major sources as defined in LAC 33:III.5103. 15.

### - 15.b.



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

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:611 (September 1988), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 17:1205 (December 1991),LR 18:706 (July 1992), LR 19:1419 (November 1993), amended by the Office of Management and Finance, Fiscal Services Division, LR 22:17 (January 1996), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:264 (February 2000), LR 26:2444 (November 2000). LR 29:2776 (December 2003), amended by the Office ofthe Secretary, Legal Affairs Division, LR 31:2435 (October 2005), LR 33:2082 (October 2007), LR 33:2620 (December 2007). 

### $223. Fee Schedule Listing

Table 1.

## - Table 

### 2, Note 12.


### ... Note 13. Fees will be determined by aggregating and rounding (e.g.,parts of a ton less than 0.50 are invoiced as zero and parts of a ton equal to or greater than 0.50 are invoiced as one ton) actual annual emissions of each class of toxic air pollutants (as delineated in the tables in LAC 33:III.S 1 12) for a facility and applying the appropriate fee schedule for that class. Ifa facility emits more than 4000 tons per yearofany single toxic air pollutant, fees shall be assessed on only the first 4000 tons. In no case shall the fee for this categorybe less than $132. Note 14.

### -Note 20.


### . . . AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054,2341, and 2351 et seq.

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:613 (September 1988), LR 15:735 (September 1989), amended by the Ofice of Air Quality and Radiation Protection, Air Quality Division, LR 17: 1205 (December 1991), repromulgated LR 18:31 (January 1992), amended LR 18:706 (July 1992), LR 18:1256 (November 1992), LR 19:1373 (October 1993), LR 19:1420 (November 1993), LR 19:1564 (December 1993), LR 20:421 (April 1994), LR 20: 1263 (November 1994), LR 21:22 (January 1995), LR 21:782 (August 1995), LR 21:942 (September 1995), repromulgated LR 2 1:1080 (October 1995), amended LR 21 :1236 (November 1995), LR 23:1496, 1499 (November 1997), LR 23:1662 (December 1997), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:267 (February 2000), LR 26:485 (March 2000), LR 26:1606 (August 2000), repromulgated LR 27:192 (February 2001), amended LR 29:672 (May 2003), LR 29:2042 (October 2003), LR 30:1475 (July 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 33:2620 (December 2007). 

### Chapter 5. Permit Procedures §551. HazardousAir Pollutant (HAP) Control Technology Requirements for New Sources A. 

### - B.SimilarSource.


### ... C. Exemptions and Prohibitions. The requirements of this Sectiondo not apply to: 

### 1. electric utility steam generating units, as defined in LAC 33:III.S 103.A; 2. stationary sources that are within a source category that has been deleted from the source category list in accordance with Section 112(c)(9)of the CleanAirAct; and 3. research and development activities, as defined in Subsection

### B ofthis Section.

D. - J.


## ... AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2001 and 2060.

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 24:913 (May 1998), amended by the Office of the Secretary, Legal Affairs Division, LR 33:2620

Louisiana Register Vol. 33, No. 12 December 20,2007 

## 38'AQ256 Summary Page1of15 April 23, 2007 

### Comment Summary Response 

### & Concise Statement

# -AQ256 Amendments to the Air Regulations Comprehensive Toxic Air Pollutant Emission Control Program LAC 

### 33:111.221,223,551,5101,5103,5105,5107,5109,5111, and 5112

Concise Statement arguments: FOR: [The reasonsupporting WHY the suggestion in the comment should be adopted by DEQ. Usuallythis is the commenter's perspective.] AGAINST: [The reasonWHY the department feels the suggestion should NOT be adopted.]



### 1

### : -

### The department's willingness to revisit and Chapter 51 toxic air pollutant program is



# -- No arguments necessary; comment does

RESPONSE 

# ye department appreciatesthe sup 

# /

COMMENT 2: -

### Th\{ 

### cant progress towards closing the philoso ical gap be en the Chapter 51 approach to emission cont and th ederal approach. FORIAGAINST

# -- No does not suggest amendment or change. RESPONSE 2: -

### The d artment appreciat the support. 

# ..' \

of source category- 

### support of source category.



## -- No arguments necessary;comment does not

ONSE 3: s5103.Definition of source category- 

### The department appreciates the support.AQ256 Summary Page 2 of 15 April 

### 23,2007


### MMENT 

### 4: $5107.B -

### The changes to this because these changes will streamline the release reporting requirements in LAC gest amendment



### R~ONSE 5: $5109.C -

### The department appreciates the support. 

# \

COMMENT 6: 

## - Minimum emission rates (MER) should no longer be used as a significance level for determining the applicability of some sections of the Louisiana air quality regulations. The Louisiana R.S. 30:2060 mandated a 50 percent reduction in air toxics err~issions from 1987 levels. This goal has been met and Chapter 51 requirements have contributedto this reduction. Initially, minimum emission rates provided a way to determine if maximum achievable control technology (MACT) was applicable and if ambient air modelingwas requiredto demonstrate compliance with the ambient air standard. In addition, minimum emission rates established a threshold above which public notice was required for permit modification. The following are examples in the Louisiana air quality regulations which should be deleted. LAC 33:111.501.B.4.ii 

## - exemptions granted by the permitting authority LAC 33:111.501 .B.5-Table A (2, 3, 6, 

### 9, 10, and 11) - 

### insignificant activities list LAC 33:111.501 .B.5 -

### Table D - 

### insignificant activities based on emission levels LAC 33:111.5107.D - 

### public notice provisionsAQ256 Summary Page 3 of 15 April 23, 2007


### FOR: Minimum emission rates (MERs) have been used inappropriately in some sections of the Louisiana air quality regulations;such as LAC 33:111.501.B.4.ii, 501.B.5, Tables A and D, and 5107.D. AGAINST: MERs are the most reasonable criteria to use to establish certain cutoffs. RESPONSE 

### 6: -

### The department appreciatesthe comments. However, the comments regarding LAC 33:111.501.B.4.ii and 501.B.5, Tables A and D are outside the scope of this rulemaking. The comments on LAC 33:5107.D are relevant to this rulemaking. The MERs located in LAC 33:111.5112, Table 51 

### .I were established using a conservative modeling procedure. Based on the modeling procedure,when a facility's emission of a toxic air pollutant (TAP) is below the MER, offsite impact of that TAP should not occur. Conversely if a facility's emission of a TAP is above the respective MER the certainty of no offsite impact disappears. There is one MER for each toxic air pollutant in Table 51 .I (3 sections). When a facility either modifies or constructs a source resulting in increased emissions of Class I or II (known, probable, or suspected carcinogens)TAPS,which are greater than the respective MER, it is reasonable to assume an offsite impact may occur. In ,thissituation it is also reasonable to inform the public of possible offsite impact.The public notice provisions of Chapter 51 provide the framework for such notification.The public notice provisions of this proposed rule remain unchanged.

COMMENT 7: mbient air standards should be abandoned a

the three can be use would seem appropr

is the requirement for an evalu risk.AQ256 Summary Page 4 of 15 April 23, 2007 

### Technology-based standards should beused instead both technology-based standards and compliance air standards (AAS). EPA uses technology-based AGAINST:

RESPONSE 7: -

### Current e department has blic health. Techn -based control inadequate for two when multiple sou oximity of each other, pollution levels ca uality even though each individual gistic effects from multiple err~ission rates are not bient monitoring data has demonstratedthe likelihood of these emission sources are underestimated. standards ensure that the evaluation of air quali upon actual measurements and not on estimates. department chooses to

COMMENT 8: - 

### If the

standards should be used primarily a potential problem. AGAINST: standards are only one aspect of the of TAPs. Compliance with AAS 

### isAQ256 Summary Page 5 of 15 April 23, 2007 

### that the technology-based controls are adeql~ate a

RESPONSE 

### 8: -Th nnot support this 

### c omment 

### 7. Com

ards and AAS

COMMENT 9: -

### The department bient air standards (AAS) that existed The proposed rule removesthis 

### 51.2. Without this

used by the department. FOR: The department should and replaced values of ambient air standards reviews. AGAINST: Historical, replaced value of AAS s ould not be maintained. 

# P ! RESPONSE 9: -

### TheAQ256 Summary Page6of 15 April 23, 2007 

### to docl-~ment the history of the ambient ovide guidance to researchers that previous existed and when.

COMMENT 10: - 

### If th

FORIAGAINST

## -- No arguments ne in question is not part of this rulemaking. RESPONSE 10: -

### The department a e comment. However, the corr~ment requesting maximum poundthour emission limits from air the scope of this rulemaking.

COMMENT 11:

be set forth in LAC units already subject

by reference federal MA

$5101. ApplicabilityAQ256 Summary Page 7 of 15 April 23, 2007 

### A. The provisions of this Subchapter and 

### LAC

to Federal MACT Standard.



### FOR: Facilities complying MACT standards should be exempted from all air toxic rule to save the department time AGAINST: Facilities complying with th Federal MACT standards should not be exempted from all asp t 

### of the state air toxic rule. Requirements to submit nu 

### ITAP emission reports, give public notice, and comply with n AA are necessary to protect human health and/orthe envir nment r ardless of the department's resources. 

# A

RESPONSE 11: s5101.A

MACT standards address two technical control the reporting requirements differ fr ing requirements in the

to comply with the state'sAQ256 Summary Page 8 of 15 April 23, 2007 

### AAS. The MACT rule contains neither

nor a requirementto submit TAP

COMMENT 12: 55107.A.l .a raph are acceptable

guagewould then make

FORIAGAINST

## -- The department agrees comment; no arguments are necessary. RESPONSE 12: 35107.A.l .a - 

### will be madeto the rule, and flexibility for the inventory (TEDI) reporting due date will be

COMMENT

s, even though the ical plant fuel gas

nfusion will result co the department that d and should be regulated Id be consistent with EPA energy production, t

FOR/AG~ST 

## -- The department agrees with the comment; no arguments\re necessary.AQ256 Summary Page9of 15 April 23, 2007


### lESPONSE 13: partment agrees with the com gas with similar characteristic ources should be regulated in the same way. The ment further believes that the inclusion



## efnition of virgin fossil fuel is not corre ill revisethe rule with the ter om the definition of virgin fossil fue .A and refinery fuel gas regulated LAC 33:111.5105.B. 'The revised

petroleum coke. Furthermore,the ucts of combustion that was proposed in 33:111.5105.B.3) will be

c. gas streams not pollutantsthat are generated by onsite

COMMENT 14: S5105.B

FORIAGAINST

## -- The rtment agrees with the comment; no argu nts are necessary. 

# t

RESPONSE 14: 5.B.2 and 3 -

### Proposed LAC 33:111.5109.A.2 that compliance with an applicable andard is a state MACT. This would beAQ256 Summary Page 10 of 15 April 23, 2007 

### &ate exempts the emission sources as proposed in 

### L 

# d

COMMENT 15:

FORIAGAINST

## -- No arguments necessary provision in question is not part of this rulemaking. RESPONSE 15: -

### The However, the TAPS

COMMENT 16: e commenters strongly o t iswritten. Either delete

e to require reporting th nualTED1 report only if



### quantity (RQ). Report

burdensomeand wil mmunity, the department, and the pu rly interpreting R.S. 30:206 30:2060.H. 1. There is no reaso osphere of a toxic air on the TED1 report regardlessof the RQ and the amount. The existing rule goes beyond partment should exercise its inhere ry requirements where imposing thAQ256 Summary Page11of15 April 23, 2007



### from a safety relief device, a line or



## \ / FOR: The department is req sting rep0 

### g that is beyond the legislative mandate. 

# i

# t

AGAINST: The department needs concerning discharges of toxic air RESPONSE 16:

COMMENT 17: g5107.~ -

### Streamline the public notice requirements in thik ruleAQ256 Summary Page 12 of 15 April 23, 2007



### FOR: Chapter 51 33:111.5107.D can because of

AGAINST: There may be blic notice requirements in LAC complementary. RESPONSE 17: 55107.D -A discreti 33:111.531 .A.1 requirement should not replace a mandat :111.5107 requirement. LAC discretion of the permitting 33:111.5107.D requires public notice uld allow a permitted increase of toxic air pollutant by an amount n rate, or allow the addition of unit that would errlit a Class 1 by an amount greater than the minimum e

COMMENT 18:

FORlAGAlNST 

## -- necessary; comment does not amendment or change. RESPONSE 51 09.D-G -

### The department appreciates the su

$5111 -

### This section pertains to: major source permi requirements; contents of application for a Louisiana and the permit review process. Chapter 5 (permitAQ256 Summary Page 13of 15 April 23, 2007



### FOR: The
Chapter 51. AGAINST: The definition 51 can exclude all definitions not hazardous regulations are and thus

RESPONSE 19: S5111 -

### The application b ittal and perrrlit review process shall remain separate beca e the possibility exists that only Chapter 51 permitting requ' ents may be necessary. 

# X

COMMENT 20: §5

department agrees with the suggestion to ery three years since new and more to be gathered on the healthAQ256 Summary Page 14of 15 April 23, 2007 

### lutants. The department should base the TAP list health and risk information as well as histori
AGAINST: Retaining ammo ent the installation of viable control o ammonia as a TAP. RESPONSE 

### 20:

omments for delisting or exempting ammonia a the scope of this rulemaking.AQ256 Key Page 15 of 15 April 23, 2007 

### Comment Summary Response & Concise Statement Key

# -AQ256 Amendmentsto the Air Regulations Comprehensive Toxic Air Pollutant Emission Control Program LAC 33:111.221,223,551,5101,5103,5105, 51 07, 51 09, 5111, and 51 12

COMMENT # SUGGESTED BY 1-2 Richard Metcalf of La. Air and Gas Association representing LCA, LMOGA, and LPPA Kyle B. Beall of Kear~Miller for LCA, LMOGA, LPPA, and LOGA

# ICEANMILLER

KEAN MILLER HAWTHORNE D'ARMOND McCOWAN & JARMAN LLP AllDRMYSAT LAW



## June 28,2007

Judith A. Schuerman,Ph.D. Louisiana Department of Environmental Quality Office of Secretary, Legal Affairs Division P.O. Box 4302 Baton Rouge, Louisiana 7082 1-43 02 KYLE BEALL. PAWNER PH 225 352 3491 DIRECT FAX 225 215 4093 KYLE..BEAU@KEANMILLER.CDM



## Re: Comments onProposed Rulemaking AQ256S 

## LAC 33:III.Chapter 5

## 1 OurFile Nos.: 3645-72, 15032-1 9 

## Dear Dr. Schuerman: The following comments are submitted on behalf of the Louisiana Chemical Association, the Louisiana Mid-Continent Oil & 

## Gas Association, the Louisiana Pulp & 

## Paper Association, and the Louisiana Oil & 

## Gas 

## Association (collectivelyreferred to as the 44Associations"). The Associationshave previously commented onthis rulemaking on November 2 1, 2005, August 4,2006 and January 31,2007. To the extent relevant, those comments are again incorporatedherein. The Associations appreciate the opportunityto comment onthis rulemaking. Comment 1: The Department should include an exemption in the 'LApplicability'' section (5101.A) fi-omLAC 33:III.Chapter 51 for major sources already subject to federal 

## MACT standard(s). 

## The Associations request that the 

## LDEQ revise the final 

## rule to exempt fiom Chapter 51, 

## major sources already subject to 

## a federal MACT standard required by Section 112 ofthe federal Clean Air Act. Most major sources are subjectto one or more federalMACT standards set forth in 40 C.F.R. Part 63, which have been incorporatedby reference by the LDEQ pursuant to LAC 33:III.5 122. 

## The Associations believe this 

## exemptionis more appropriate in the 

## "Applicability" provision of Section 5

## 101 .A,

## not in 

## Section 5109.A.2, as proposed. The Associations would not, however, be exempt fiom feesrequired by LAC 33:TII.Chapter 2.

ZZND FLOOR ONEAMERICAN PLACE POSTOFFICE BOX 3513 BATON ROUGE, LOUISIANA 70821 PHONE225.387A999 FAX 225.388.9133 keanmiIler.com 1182487 BATON ROUGE NEW ORLEA WgLAKECHARLES PLAOUEMINE a

## JudithA. Schuerman, Ph.D. June 28,2007 Page 2



## For many source categories, compliance with the federal MACT standards has been used almost exclusively by the regulated community to demonstrate compliance with state 

## MACT.' The EPA has finalized most, if not all, 

## required federal MACT standards, and is currently reviewing necessary updates to existing MACTs as required by federal statute. The state rule requires that the LDEQ review and approve MACT compliance plans for sources subject to LAC 33:III.Chapter 

## 51. La. R.S. 30:2060.N.2, however, recogmzes that federal MACT standards would likely control TAP reductions andthat the compliance schedule should be the same 

## as the federal compliance ~chedule.~ The Associations believe that exempting 

## units fiom Chapter 51 already subjectto a federal MACT will save time and agency resources, thereby allowing the LDEQ to focus on compliance and enforcement of the federal MACT standards. The LDEQ has been delegated authority by EPA to implement the federal NESHAP program. The Associations believe that the LDEQ will be better suited 

## in ensuring compliance with the federal MACT standards than 

## continuing to require duplicative and overlapping state MACT requirements. To this extent, we request that an overall exemption be includedin the "Applicability" sectionof Section 

## 5101 .A as follows: $5101. Applicability 

## A. The provisions of this Subchapter and LAC 33:III.905 apply to the owner or operator of any major source, as defined herein in LAC 33:III.S 103,unless exempted under LAC 33:5105.B or bv Subsection D of this section.


# . ..

1

### A list offinalfederalMACT standards canbe assessedat

### htb://www.epa.~ov/ttn~atw/mact~al~h.html.
2 

### Section 2060.N.2 provides, 

### inpertinentpart: The department shall provide technical assistance to affected sources and serve to coordinate among similar sources the detedtionof maximum achievable control technology as shall be defined and required 

### in regulations adopted pursuant to this Section.



## ... If for any major source a department approved compliance plan establishes a maximum achievable control technology determination or compliance schedule which conflicts with or is significantly different fiom an applicable maximum achievable control technology (MACT) standard or schedule proposed, promulgated, orunder development by the Environmental Protection Agency, such sources shall be allowed to voluntarily submit complianceplan revisions to reflect the federal MACT standard or schedule. The department shall review any such plan revisions in 

### accordance with procedures established for compliance plan review and approval pursuant to regulations adopted under this Section.


## ...

## JudithA. Schuerman,Ph.D. June 28,2007 Page 3



## D. 

## Sources Subiect to Federal MACT Standard. Any affected source that is included 

## in a section 112(c) source catenow or subcategory that is subiect to a section 112(d) standard (federal MACT) is not subiect to the provisions of this Subchapter. 

## An affected source means the collection of equipment, activities, or both within a single contiguous area and under common control which is h-ther defined bv 

## the relevant 112(d) standard. The administrative autl~ority may require controls bevond the provisions of the 112(d) upon demonstration that additional controls are necessa-v to protecthuman health or the environment. Comment 

## 2: The concept of 

## minimum emission rates 

## (MERs) is no longer a valid basis for determining whether a significant change in emissions will 

## occur and any such references shouldbe removedfrom LAC 33:m.Chapter 

## 51. The MERs listed 

## in LAC 33:ILI.5112 were initially developed based on air dispersion modeling of each TAP given a worst-case scenario with a stack height of 1 meter and a fence line distance of 100 meters. The MER, therefore, is the "minimum emission rate" of a TAP that could result in a concentration equal to the ambient air standard for the TAP based on the worst-case modeling scenario. The MER is referenced throughout the air regulations 

## as a threshold for fees, exemptions, insignificant activities and throughout Chapter 5 1 (e.g., definition of "modification," discharge reporting requirements, public notice provisions, MACT applicability, and ambient air standard compliance determination). Initially 

## in Chapter 5

## 1, the MER provided a means to determine if MACT was applicable and if ambient 

## airmodeling was required to demonstrate compliance with the ambient 

## air standard. The MER also established a threshold above which public notice was required for permit modifications. Because Chapter 51 requirements have contributedto over a 50 percent reduction of

## airtoxics emissions

## inLouisiana, the goal of the statutehas been met. The Associations propose that the MER no longer be used as a significance level for determining the applicability of the following sections of the Louisiana Air Quality regulations. This is particularly true for major sources that have implemented the requirements of the Chapter 51 compliance plan andlor applicable federal MACT standard(s). The following examples demonstrate the outdated use of the MER in the LouisianaAir 

## QualityRegulations: LAC 33

## :III.501 .B.4.ii-

## Exemptions Granted by thePermitting Authority Currently the criteria of this exemption includes that the source emits or has the potentialto emit less than 

## the 

## minimum emissionrate listed in LAC 33: 

## 111.51

## 1 2,

## JudithA. Schuerman,Ph.D. June 28,2007 Page 4



## Table 51.1 for each Louisianatoxic air pollutant. The Associations propose that the MERthresholdsbe deleted fi-omthe exemption criteria. LAC 33311. 501.B.5 -

## TableA (2,3,6,9,10,and 11) Insignificant Activities List The criteria for the insignificant activities for the sections listed above include a requirement that emissions not exceed any MER listed in LAC 33:111.5112, Table 51.1. These sections address the following sources: 1) storage 

## tanks less than 250 gallons storing organic liquids having a true vapor pressure less than or equalto 3.5 psia; 2) storagetanks less 

# than 10,000gallons storing organicliquids having a true vapor pressure less 

# than 0.5 psia; 3) emissions fi-om laboratory equipmentlvents used exclusively for routine chemical or physical analysis for quality control or environmental monitoring purposes; 4) emission fi-omprocess stream or process vent analyzers; 5) storage tanks containing exclusively, soaps, detergents, surfactants, waxes, glycerin, vegetable oils, grease, animal fats, sweetener, molasses, corn syrup, aqueous salt solutions, or aqueous caustic solutions, provided an organic solventhas not been mixed with such materials; 6) catalyst charging operations; and 7) portable cooling towers used on a temporary basis in maintenance activities. The Associations propose that the requirement that emissions fi-om a source not exceed an MER to qualify as an 

## insignificant activity be deletedfi-omthese sections. LAC 33:III. 501.B.5 -

## Table

## D Insig. Activities Based on Emission Levels Table D requires that the emission unit emits and has the potential to emit less than the minimum 

## emission rate listed in LAC 33:111.5112, Table 51.1, for each TAP. The Associations propose that the requirement that the emissions not exceed anMER be deleted fi-omthis section. LAC 33:III.S 107.D.Public NoticeProvisions Public notice is currently required before granting approval for construction or issuing any permit which would allow an increase in any Louisiana toxic 

## air pollutant by an amount greater than the MER or allow the addition of any new point source or emissionunit which would emit a Louisianatoxic air

## pollutantby an amount greaterthan the

## minimum emissionrate. The Associations propose that the public notice provisions section be removed fi-omChapter 5 1. Currently public notice is required for initial applications for Title V 

## Pennits, renewal application for Title V 

## Permits, and Title I Modifications. Additionally, the Departmenthas the authorityto require apublic notice at its discretion. As such, public notice requirements in 

## Chapter 51 are redundant andunnecessary to adequatelyinform the public

## Judith A. Schuerrnan, Ph.D. June 28,2007 Page 5



## The Associations encourage the Departmentto review the continued use of

## ME& as a part of its Louisiana 

## Air Quality program. The MER concept served its purpose while the goals of the Air 

## Toxics Program were being implemented, but are no longer a valid measure for exemptions, or public notice. As stated in the Associations comments to OS078, MERs should by no means be used to trigger the release notification requirements. The Associations request that the Department continue to include MERs 

## as a basis forthe requirements in LAC 33:III.S 109.A and B. Comment 3: The Associations request that the Department revise the exemption in 

## proposed LAC 33:111.5105.B.2.c to exclude emissions from all plant-produced fuel. In the alternative, the Associations request that the Department revise the definition of "virgin fossil fuel" in 

## LAC 33:III.5103 to 

## include plant-produced fuel. The Associations strongly object to the proposed change to delete "refinery fuel gas" from the existing defmition of "virgin fossil fuel" and request that this be reinserted in

## the final rule. 

## For the following reasons, the Associations request that the Department revise proposed Section 5105.B.2.c to exclude all plant-produced fuel from the requirements of LAC 33:III.Chapter 5 1. There is no scientificorpractical basis for the LDEQ to regulate plant-produced fuel pursuant to the state air toxics rule, and such regulation contradicts similar federal 

## HAP rules. The Associations also object to the proposal to delete "refinery fuel gas" from the definition of "virgin fossil fuel" asproposed for the firsttime in 

## AQ256S. The Associations request that "refinery fuel gas" be reinserted in 

## Section 5 103andthatthe either of the followingbe used in Section5105.B.2.c:

c. emissions ffom the combustion of plant-produced gas streams that are generated alone or blended with other sources of virgin fossil fuels and used as fuel.

c. emissions ffom the combustion of any other "gaseous fuel" as defined in 40 CFRPart 63, SubpartDDDDD. The Associations believe that this exemption for plant-produced fuel, including both refinery 

## and chemical plant fuel gas, is warranted. 

## In prior comments on AQ256, the Associationshave requested that the 

## Department revisethe definition of "virgin fossil fuel" in LAC 

## 33:III.S 103 to include all plant-produced streams used as fuel. As currently proposed inAQ256S, process vent gas cornbusted as fuel at major sources will be subject to Chapter 51. 

## The EPA excludes such vents fi-omfederal MACT standards due to the high efficiencyofboilers andprocess heaters. TheDepartment should also recognize this

## Judith A. Schuerman,Ph.D. June 28,2007 Page 6



## in the final rule and include the above exemption for combustion sources that combust plant-produced fbel, including refmery and chemical plant fuel gas streams. This would also place the refining and chemical industries on an even footing with the utility industry, which the Department proposes to exempt entirely from the requirements of Chapter 5 1regardless of fueltype. As proposed, the Department also has not satisfied the requirements under La. R.S. 30:2019.D and La. R.S. 49:953.G which require a cost-benefit analysis and a riskbenefit report. The Associations do not believe that the proposed rule will meet any exception listed in R.S. 30:2019@)(2) and R.S. 49:953(G)(3), and, as proposed, has the potential to cost more than $1 million, in the aggregate, to implement. Thus, if the Department intends to promulgate a 

## final rule based on the proposed language in AQ256S, the Associations believe these requirements must be met and specifically reserve the rightto challengethe rule for any failureto do so. The EPA excludes such gases from federal MACT standards due to the high efficiency of boilers and process heaters. With respect to these sources, the EPA has specifically stated that "In general, it is expected that SOCMI chemicals affected by this standard would be easier to combust than natural gas." See, Background Information Document for NSPS Subpart

# RRR, EPA-450-90-01, p. 2-41). The EPA furtherreasoned that because such streams are valuable as &el, the facilitywould be expected to keep the combustion efficiency at as high a level as possible. 

## Id. This is, in fact, the case in practice, especially considering the increasing demand and cost of natural gas. Because boilers and heaters used in the chemical industry sector are operated at as high or higher efficienciesas sources that combustvirgin fossil fuels, it makes no senseforthe LDEQ to not excludethese fuel streams fkomthe requirements ofLAC 33:III.Chapter 51. For this reason, the Associations strongly encourage the Department to adopt its proposed languageto Section 5

## 105.B.2.cabove. The LDEQ attempted to address comments submitted in response to a prior proposed rule (AQ256) by adding a new subsection (5105.B.3.c) that provides the following exemption: "emissions fiom the combustion of gas streams not containing toxic air pollutants listed in LAC 33:III.5112, Table 51.1 or 

## 51.3 that are generated by onsite operations, and used as 

## fuel." This exemption, however, is not broad enough to exempt the large majority of combustionunits that may contain minor amounts of toxic air pollutants. The requirement that the fuel "not contain toxic air pollutants" essentially renders the exemption useless for most sources. The existing definition of "virgin

## fossil fbel" includes liquidpetroleum gas, natural gas, distillatefbel oil, diesel fuel, andrefinery fuel gas, all of which also contain minor amounts of toxic 

## air pollutants. To be consistent, the Associations request that the Department change the exemption as suggestedabovein

## this Comment.

## Judith A. Schuennan,Ph.D. June 28,2007 Page 7



## In conclusion, the Associations believe that a specific exemption for plantproduced fuel is warranted and should be included as suggested above. "Refinery fuel gas" should further be reinserted into the definition of "virgin fossil fuel" in LAC 33:III.5103. Based on the current and expected future costs associated with energy production, these streams should be treated as the valuable products that they are. In the alternative, the Department should include "refinery fuel and other plant-produced fuel" into the definition of ''virgin fossil fuel" in LAC 33211.5 103. As stated, there is no practical difference between emissionsfi-omthese sources. Comment

## 4: The Associations request

## thatthe LDEQ delete referencesto 

## Table 51.3 (Louisiana Toxic Air Pollutants Supplemental List) from the reporting requirements in LAC 33:111.5107 

## and from the "Explanatory Notes" of the followingTable 

## 51.3 in 

## Section 5112. 

## The Associations request that all references to Table 51.3 (Louisiana Toxic Air 

## Pollutants Supplemental List) be deleted from Section 5107 and from the "Explanatory Notes" of the following Table 51.3 in 

## Section 5 112. The Associations believe that there is nojustification for the emissions on the Supplemental List to be included 

## in the toxic emissions data inventory (TEDI) report. As acknowledged by the Department in 

## the footnoteto Table 51.3, neither minimum 

## emission rates nor ambient air quality standards have been established for the pollutants set forth on the Supplemental List since it was created in 1993. Furthermore, a significant portion of Chapter 5 1 does not apply to the Supplemental List. The Associations, therefore, question the value of continuing to report these emissions annually and request that all references to Table 51.3 be removed from the annualreporting requirements ofLAC 33:III.51 07. The above position is supported by both the "Louisiana Air Toxics Annual EmissionsReport," dated May 1995 and the associated "Background Documentation'' for the Louisiana TAP List, dated May 22, 1992. The 1995 report provides the following relevant background: In 1992, DEQ promulgated a supplemental list of approximately one hundred additional toxic air pollutants. This supplemental list includes all 

## federally listed hazardous air pollutants not initially included in 

## the Louisiana list. Control technology and ambient air 

## standard compliance are currently not required for the supplement list of air 

## toxics, which represent less than 1% 

## ofthe total air emissions reported."

## (emphasis added). Based on this background and the extremely low contribution to total TAP emissions, the Associations request that these supplementalpollutants not be required to

## JudithA. Schuerman,Ph.D. June 28,2007 Page 8



## be reported on the TEDI. If the Department decides not to remove Table 51.3 from the mual reporting requirements, the Associations request that the Departmentjustify its continued inclusion on the TEDI report. Comment 5: 

## The Associations request that the LDEQ clarify its proposed change to LAC 33:III.5107.A.l.b that requires all discharges to be included on the annual report "ifit can be measured and can be reliably quantified using good engineering practices." The Associations believe that the LDEQ should only require reporting ofdischarges from the specified equipment if greater than a reportablequantity. 

## The Associations oppose proposed Section 5107.A.l .b 

## (formerly Section 5107.B.5), as written. The Associations request that the LDEQ delete this requirement altogether or, at a 

## minimum, require reporting the discharge of 

# TAP emissions in the annual TEDI report only 

## if those emissions exceed an RQ. The requirement to report emissions without meaningful criteria is burdensome and will cause confusion to the regulated community, the LDEQ, and the public. The vague and ambiguous language added to the May 20, 2007 re-proposed rule still does not make clear when certain discharges will need to be includedin the TEDI. 

## In addition, the level of detailrequested in Section 5107.B.A.b.i-iii is overlybroad andburdensome. The statutory authority for the TEDI report is set forth in 

## La. R.S. 30:2060.E and provides the followingmandate to the LDEQ: 

## In order to facilitate the identification and quantification of toxic 

## air pollutants and the compilation and maintenance of the comprehensive 

## air emissions inventory required in R.S. 30:2054(A)(l), the department shall require facilities which emit or discharge toxic 

## airpollutants, or substances under evaluation for such designation, to provide to the office the identity and quantities of such air contaminants emitted. Such information shall be made readily available to the public by the department in an easily accessibleform. La. R.S. 30:2060.H. 1requires the followingreleasenotificationrequirements: For any discharge of a toxic 

## airpollutant into the atmosphere of Louisiana, the rate or quantity of which is 

## in excess of that allowedby permit, license, compliance schedule, or variance or, for upset events, that exceed the reportable quantity established by regulation, 

## the owner or operator of the source from which such discharge occurs shall immediately notify the department by telephone, and shall submit a written report within 

## seven days..



## . (Emphasis added).

## Judith A. Schuerman,Ph.D. June 28,2007 Page 9



## The existing rule under LAC 33:III.5 1.07.B.5 (proposed 

## as Section 5107.A.1.b) goes beyond the statutory directive as it requires reporting of certain releases even where they are less than 

## the 

## RQ. By requiring reporting of 

# 4 TAP emissions (where it can be "measured" and "reliably quantified") on the TEDI, regardless of RQ, the LDEQ is improperly interpreting Subsection 

## E more stringently than the release notification requirements 

## in Subsection H. There is no practical reason why all "discharges to the atmosphere of a toxic airpollutant" should be included on the TEDI regardless of

## RQ and without any regard to amount. Furthermore, the LDEQ has not demonstrated how the "identity ofthe source," the "date and time of the discharge," and 

## the "approximate total loss of the discharge" are evenusedby the agency. The Associations believe that the existing rule goes beyond the statute. However, even if the Department believes that it does not, the Department should exercise its inherent authority to waive statutory requirements where imposition of suchrequirements would achieve only a de minimis or trivial benefit3 In Alabama Power, the court found that EPA had the authority to create de minimis exceptions to the Clean Air 

## Act requirement that 

## all modifications to major stationary sources should be subject to PSD review. The court stated: "[Tlo exempt de minimis situations fiom a statutorycommand is not an ability to depart fromthe statute,but rather a toolto be used in

## implementingthe legislative design." In holding that EPA had the authority to set de minimis levels at which PSD would not be triggered, the court noted that some increases were simply too small for EPA to expend resources to address them. Thus,Alabama Power supports the notion that a trivial benefit canbe 

## waived ifit is too costly in terms of agencyreso~rces.~ Likewise, 

## in EnvironmentalDefense Fund, EDF challenged a presumption created by EPA 

## in the federal action conformity rules that sources below the "major source" thresholds are presumed to conform without a specific analysis of their conformity. They applied the principles set ,forthin 

## Alabama Power to find 

## that EPA's exemption was reasonable, even 

## in the light of a statute that did not appear to allow for an exemption. The court stated:

3 

### Inherent agency authority has been 

### recognized by numerous cout decisions, includingE.I.du Punt de Nemours v. Train,

### 430

### U.S.112, 128 (1977); ChemicalManufacturesAss'n V.

### Natural Resources Defense Council, 

### 470 

### U.S. 116 (1985); Alabama Power Co. v. Costle, 

### 636 F.2d 323 @.C. Cir. 1979); and Environmental Defense Fund,Inc. v. 

### EPA, 

### 82F.3d 451 @.C.

### Cir. 1996).
4 

### See also,Portland Cement

### Ass'n v.Ruckleshaus, 

### 486 F.2d 375,399 @.C. Cir. 1973)where the 

### court 

### foundthat 

### EPAmay createwaivers or exemptionsthat 

## "impart


# ..

# .a construction of 'reasonableness' to the standardsas a

### whole and adopt


## .. .amore flexiblesystem ofregulationthan canbe had by 

### a system devoid of 

### 'give"').

## JudithA. Schuerman,Ph.D. June 28,2007 Page 10 

## According to EDF, the broad prohibition 

## in section 176(c)(l)-- "[nlo department, agency, or instrumentality of the Federal Government shall engage 

## in


# ... any activityM--shows that the Congress intended the general conformity requirement to apply to every activity of the federal government, however minor 

## a source of emissions it may be.... 

## as we explained in Alabama Power Co. v. 

## Costle, 636 F.2d 323 (D.C.Cir. 1979), categorical exemptions fiom the requirements of a statute may be permissible "as an exercise of agency power, inherent in most statutory schemes, to overlook circumstances that in context may fairly be considered 

## de minimis....Moreover, we noted in that case, as we had in Public Citizen v. 

## Young, that "the literal meaning of a statute need not be followed where the precise terms lead to absurd or Mleresults, or where failure to allow a de 

## minimis exemption is contrary to the primary legislative goal." Id. 

## at 1535. Because the EPA's regulation avoided a "mammoth monitoring burden" and yet "square[d] with the healthprotective purpose of the statute," we concluded that to require a different result would be "to adjudge Congress incompetent to fashion a rational legislativedesign." Id. at 1534-3 5. (Emphasis added). The benefits of requiring reporting of these releases below RQs are clearly de 

## minimis when compared to the administrative burdens associated with such data. Facilities are already required to report permit deviations where below an RQ under the General Conditions of both Title V and state permits. If an event is not a permit deviation and is not below an RQ, there is only a trivial benefit, if any, to require these emissions in an annual report. The LDEQ is going far beyond what is useful, practical, or what has been mandated by the Louisiana Legislature to include in the TEDI. For these reasons, the Associations request that the LDEQ delete proposed Section 5107.A.1 .b altogether, or at a minimum, 

## change the regulation 

## as suggestedbelow. This limitation will ensure that the LDEQ is provided useful and meaningful information in 

## a timely manner by theregulated community. Unless otherwise provided pursuant to a 

## Part 70 

## air permit wort, A& discharges to the atmosphere of a toxic 

## air pollutant fiom a safety relief device, a line or vessel rupture, a sudden equipment failure, or a bypass of an emission control device, that exceed 

## a reportable quantityin LAC 33:I.3931 

# -, must be reportedto the department in the annual emission report. Tkc-wt

## JudithA. Schuerman,Ph.D. June 28,2007 Page 11



## Comment 

## 6: The Associations support the proposed changes to LAC 33:III.5107.B. 

## The Associations support the proposed changes to LAC 33:111.5107.B. These changes are necessary to streamline these regulations with the release reporting requirements set forth 

## in LAC 3 3LChapter.39. 

## Because the Chapter 39 reporting regulations already adequately address discharge reporting requirements for all listed TAPs, the Associations believe that the notification requirements in existing LAC 33:III. 5107.B are duplicative and unnecessary. Additionally, the quarterly, semi-annual and annual Part 70 reporting requirements address most, if not all, of these same reporting requirements. Notwithstanding this support. the Associations reiterate its comments to rulemaking; OS078 regarding proposed changes to LAC 33:III.Chapter 39 concern in^ 

## toxic air 

## .pollutants. Comment 

## 7: The Associations request that the LDEQ streamline the public notice requirements set forth in the existing air toxics rule to correlate to the public notice requirementssetforth in LAC 33911.531 and other Part 70 regulations. 

## Because other public notice and comment regulations in 

## Chapter 5 of the Louisiana Air 

## Quality Regulations already adequately address public notice for modifications involving TAPs, the Associations believe that the public notice provisibn 

## in LAC 33:III.5107.D is duplicative and unnecessary. Proposed LAC 33:III.5107.D wouldrequirethe following public notice provision: D. PublicNotice Provisions. The administrative authority shall provide at least 30 days for public comment and shall give notice of any public hearing at least 30 days in 

## advance of the hearing before granting approval for construction or issuing any permit that would: 1. allow a permitted increase in 

## any Class 1 or Class 2 Louisiana toxic air 

## pollutant by an 

## amount greater 

## than the 

## minimum emission rate; or 2. 

## allow the addition of any new point source or emission unit that would emit any Class 1 or Class 2 Louisiana toxic air 

## pollutant by an amount greater than 

## the minimum 

## emission rate.

## Judith

## A. Schuerman,Ph.D. June 28,2007 Page 12



## Since the adoption of the existing public notice provision in 1991, the LDEQ has become the delegated permitting authority for the Part 70 Operating Permits program in ~ouisiana.~ Therefore, since 1995, the LDEQ has followed the amended public notice provisions set forth in LAC 33:III.531. The Part 70 applicability provisions set forth in Section 507.A.1 include sources that constitute a "major source" 

## as defined in LAC 33:m.502. Among other things, major sources include major sources under Section 112 ofthe Clean Air Act. Thus, major sources of federal HAPSwill also be major sources of state TAPS for many facilities in Louisiana, 

## and, therefore, be subject to the Part 70 Operating Permitsprogram and the underlying public notice provisions. The public notice requirement in LAC 33:III.531 satisfies 

## all public notice requirements for new major sources and modifications to existing major sources. As lscussed in Comment No. 2 above, the Associations believe that permit modifications should no longer be based on the MER. Other procedures specified in Chapter 5 of the Louisiana Air Quality Regulations (e.g., LAC 33:III.521, 525, 527) are currently being used by the LDEQ to determine the procedures for permit modifications. Public notice and comment is adequately addressed based on the type of changes established therein. For instance, LAC 33:111.531 requires public notice for all 

## of the following circumstances: (1) issuance of initial Part 70 permits (LAC 33:III.53 1.A.2.a); (2) renewal ofPart 70 permits (LAC 33:ILI.53 1 .A.2.b); and (3) significant modificationsto permits 

## as dehed in LAC 33:III.527 (LAC 33:111.531.A.2.c). Additionally, LAC 33:III.527 specifies that, at a 

## minimum, the following changes shall require significantmodification procedures: (1) Title I modifi~ations;~ (2) significant changes 

## in existing monitoring requirements; and (3) a relaxation of reporting or recordkeeping requirements. Therefore, changes which result in the applicability of a MACT determination currently requires public notice pursuant to LAC 33:III.53 1.

5 

### The LDEQ was delegated final authority by 

### EPA Region 6 to implement the Part 70 operatingpermits program on September 12,1995. See, 60Fed. Reg. 47,296 (Sep. 12,1995). 

### 6 "Title I Modification" is defined in 

### LAC 33:111.502 tomean: any physical change or change 

### in the method of operation of a stationary source which increases the amount of any regulated 

### air pollutant emitted or which results in 

### the emission of any regulated 

### air pollutant not previously emitted and which meets one or more ofthe followingdescriptions 

# ... d. the change

### will result in the applicability of a maximum achievable control technology 

### (MACT) determination 

### pursuant to regulations promulgated under section 112(g) (Modifications, Hazardous Air 

### Pollutants ofthe CleanAir Act. 

### (emphasis added)

## JudithA. Schuerman, Ph.D. June 28,2007 Page 13



## In summary, the Associations believe that 

## all public notificationrequirements are already adequately addressed 

## in other public notice provisions and that a special public notice provision for TAPSis now unnecessary. LAC 33:111.531.A.l provides: "At the discretion of the permitting authority [LDEQ], public notice may be provided prior to issuance of any new or revised permit under this Chapter." Based on this regulation, the LDEQ has the explicit authority to require public notice for any 

## permit modification which it deems necessary. The Associations, therefore, encourage the Departmentto use this provision, when necessary, and delete all public notice requirements fiom Chapter < 1 

## Comment3: 

## The Associations support the exemption from LAC 33:111.5109.C for sources already subject to MACT standards established in 

## 40 C.F.R. Part 

## 63. The requirement to develop standard operating procedures (SOPS) is not necessary

## in the state rule due to the similar and more descriptive requirements ofthe general duty provisions of 

## 40 CFR 63, Subpart A (See, 40 C.F.R. 

# 5 63.6(e), for example). These provisions address the need for a plan to address emissions of HAPS at all times 

## in order to 

## maintain compliance with the standards, require that such be 

## in place prior to initial start-up, and allow for the use of standard operating procedures as

## part of suchmechanisms. Comment 

## 9: The Associations support the proposed changes to Section 5109.D.1 concerning compliancetiming. Pursuant to the existing rule, major sources were required to submit 

## air toxics compliance plans within one year of rule promulgation, and compliance was generally required within three years upon approval oftheplan. Compliancecouldnot be extended beyond six years of rule promulgation. Since the rule was promulgated in December 1991, all major sources were required to be 

## in compliance by December 1997. Accordingly, existing sources submitted compliance plans to LDEQ, received approval fiom the Department and executedthe plans per the required schedule. Complianceplan requirements were then incorporated into operating pennits. The Associations believe this comports with the statutory requirements set forth 

## in La. 

## R.S. 30:2060.N.2 and that independentreliance on complianceplans in

## the future servesno usefulpurpose. Comment 10: The Associations request that the permit requirementand application provisions in 

## proposed LAC 33:111.5111 be removed to the extent that information is already required to be submitted pursuant to LAC 33:III.Chapter

## 5. As proposed, LAC 33311.511

## 1 will still address major source permit requirements, and the contents of permit applications. The Associations believe that both of these

## JudithA. Schuerman,Ph.D. June 28,2007 Page 14



## sections contain information already included in the LAC 33:III.Chapter 5 (permit procedures), and LAC 33:III. 1701. Because LAC 33:III.5 17.D specifies the required contents for all air permit applications, including sources of 

## air toxics, the Associations request that Section 511 1 .B be deleted to avoid confusion and overlapping requirements. Similarly, Section 519 addresses permit issuance procedures for new, renewed, or modified sources. Because the initial 

## air permit applications for existing sources of 

## air toxics have alreadybeen submitted, a separate permit review process within Chapter 

## 51 is no longernecessary. In 

## the alternative, if the LDEQ determines that specificpermit requirements for air toxics areneeded (whichtheAssociations believe are unnecessaryfor the above reasons), then these requirements shouldbe incorporated into Chapter 5 to provide for consistency and avoid duplication in the permitting procedures. 

## In addition, the mechanism (e.g., compliance plan, permit modification, permit by rule, etc.) to implement any new "stateonly" requirement should be identified in the sameregulatory action that precipitates the need for additional controls. Finally, the Associations object to certain information requested 

## in proposed Section 5111.B.3.b and d. Part 70 sources are already required to submit all permit deviations (which would include violations) to the Department on a quarterly basis. 

## In addition, the Department should already have all of the requested information on its Electronic Data Management System (EDMS). As such, this information should already be on file with the Department and should not be re-requested in a permit application. Similarly, the production capacity requested by existing Section 5111.B.3.b should be removed from the final rule. To the extent this information is relevant to emissions, it shouldalreadyhave been provided pursuant to subparagraph 5 1 1 1 

## .B.2c. Comment 11: The Associations request that the Department delete the requirement for sources to list enforcement actions outside of Louisiana as proposed in LAC 33:III.5111.B.3.e. 

## The ~eparthent has proposed that sources that have not been operating in Louisiana for at least five years must provide a "listing of all enforcement actions taken against the owner or operator for violations of United States federal or state environmental laws or regulations and any other compliance history information requested by the administrative authority." The Associations believe that this requirement is overly broad and unnecessary, and request that the Department limit this 

## requirement to enforcement actions issued by the LDEQ since the facility commenced operations. A requirement to list all 

## enforcement actionsby either the owner or operator could be a huge undertiking for larger facilities, depending on how the Department

## JudithA. Schuerman,Ph.D. June 28,2007 Page 15



## defines owner or operator. If the Department decides not to change this 'provision,the Associations request that it narrowly define owner or operator for thesepurposes. Conclusionand Incorporationby 

## Reference 

## The Associations appreciate the opportunity to comment on this rulemaking and look forward to working with the LDEQ on the ha1 rule. The Associations support the attempt by the LDEQ to make substantive changes to Chapter 51 

## and believe these changes arejustified since the adoption of the Title V program and the promulgation of thenumerous federalMACT standards. Comments relevant to the ambient air quality standards andlor the ME& for specific compounds were submitted to the LDEQ on May 2 1, 2007 in response to the solicitation of comments for AQ281. Comments on OS078 relevant to release notification provisions for toxic air pollutants (and MERs) were submitted to the LDEQ on June 29, 2007. To the extent relevant, those comments are incorporated by reference into these comments. 

## If you have any questions, feel free to contact the Association representatives copied on this letter, or I can be reached at (225)382-3493 or

## kyle.beall~keanmiller.com. Verytrulyyours,

Kyle

## B. Beall

cc: Henry 

## Graham,LCA RichardMetcalf,LMOGA Don Briggs, LOGA Will Perkins,LPPA

# ....................... The above-entitled cause came in for a Hearing in the Oliver Pollock Room, Galvez Conference Room, 602 N. 5th Street, Baton Rouge, Louisiana 70802, on Wednesday, January 24, 2007, commencing at 1:30 p.m.



## REPORTED BY:

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# 8 1

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## the Louisiana Department of Environmental Quality. 1'11 be' serving as hearing officer this afternoon to receive comments regarding proposed amendments to.the Environmental Quality regulations, the Pointe Coupee Parish Ozone Maintenance Plan and the Water Quality Management Plan. The comment period for'allof these revisions began on December 2.0,2006, when the notices of intent and 'Potpourri notices were published in the ~ouisiana Register. The comment periods will close at 4 :30 p.m.; January 31, 2007, for Log Numbers AQ256, AQ271, 'AQ272,HW091P, 21 HW092, OS071S, OS072, and the Pointe 22 Coupee Parish Ozone Maintenance 23 ' 

## Plan. 24 The comment periods will close 25 at 4:30 p.m. February 15, 2007 for

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### ASSOCIATED REPORTERS,INC. 225-216-2036 

### 126 180d204c-3193-43c1 -bOf4-0b6fd2f6f095

### Department of

### Enviromental Quality January 24,2007 

### Hearing

,- . - ". ".. we--. - 

### --
. 

### - ASSOCIATED REPORTERS,TNC. 

### 225-216-2036 

### 127 180d204c-3193-43cl-bOf4-Ob6fd2f6f095 

### Page4 

### 1 

## the Log Number WQ054 

## and the Water Quality
2 

## Management Plan Revision. The comment 3 

## period will close at 4:30 

## p.m., February
4 28, 2007, 

## for Log Number SW037. 

## The
5 

## comment period will close at 4:30 

## p.m. on 6 

## March 6, 

### 2007, 

## for Log Number DPS001.
7 

## It would be helpful to us if all
8 

## oral comments received today were 9 

## followed up in writing.
10 

## This public hearing provides a 11 

## forum for all interested parties to 

# ; j i! j
;i :j 

# 1 j ,i I 

# i

2 , 1' 

### 4 3 d 4 

# 1 8


### 12 

## present comments on the proposed
13 

## changes. 

## I will ask that each
14 

## person commenting come up 

## and sit at
15 

## the front table and begin by stating
16 

## his or her name and affiliation for 

# I

is 

# P 1 i: 8 i f

<! (.I::


### 17 

## the Record. 18 

## The first amendment on the 19 

## agenda is designated by the Log
20 

## Number AQ256. 

## The airstoxicrule has been in 21
22 

## effect for 15 

## years. It currently
23 

## contains dated language that needs 24 

## to be removed or modified. updating
25 

## the rule also addresses requests

.. . . . ' . . -

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### Department of

### Enviromental

### Quality January24,2007 Hearing



## rule. 

# I; Page 

### 5 

## from industry to streamline the

3 

## This amendment revises the air 1

1 1



### 4 

## toxic rule in the following ways. 5 

## It eliminates obsolete rule language

2 

### 6 

## and most rule language concerning 

# li compliance plans and certifications of compliance. It removes obsolete department requirements. clarifies area minor and major
11 

## source requirements. It utilizes applicable federal Maximum Achievable Control Technology MACT rules 40 

## CFR Part 63 

## or state MACT.
15 

## It eliminates the exemption for electric steam generating units.. It exempts virgin fossil fuels gas
streams not containing toxic. air
19 

## - pollutants at chemical plants. It

moves discharge reporting
21 

## requirements to.LAC 33 :

### 1 

## Chapter 39. 

# 1:

It advances the submittal of the


## - 

# 1
Toxic Emissions Data Inventory TED1 reports to not later than March 31

ASSOCIATED REPORTERS, INC. 

### 225-216-2036 

### 128. 180d204o3193-43~1 -bOf4-0b6fd2f6fO95 

### 25 

## of each year. It exempts 

## - it

i

--*."A i-a .*L"I__.---=-rX- r *^ A- +-r*X--L--411 "*L*LmCa-.Si-r "A I--*')'* --...r. .4%*L.. Uil..-i- -ra 1-.. .4

### Departmentof

### Enviromental Quality 

### January 24,2007 

### Hearing
Page 6 

## exempts area minor sources from submitting TED1 reports, and it revises public notice requirements. And the comments will begin with Mr. Richard Metcalf. METCALF : 

## Good afternoon. My name is Richard .Metcalf. I 'm the Health Safety and Environmental affairs coordinator for the Louisiana Air and Gas Association. I'm here today, however, representing the Louisiana Chemical Association, Midcontinent and the Louisiana Pulp and ~ape'r .Association. The associations appreciate.the department'swillingness to revisit and modernize the Chapter 51 

## toxic air pollutant program to bring it in closer harmony with the federal
program. Throughout this process the association has submitted joint
comments and the associations will submit joint written comments by
25 

## next week's deadline.

ASSOCIATED

### REPORTERS,

### MC. 225-216-2036 

### 129

### Department ofEnviromental 

### Quality January 24,2007 

### Hearing



# i

# J

ASSOCIATED REPORTERS,INC. 225-21 6-2036 

### 130 180d204c-3293-43cI-bOf4-0b6fd2f6fO95 

## The proposed rule makes significant progress towards closing the philosophical gap between the Chapter 51 

## approach to emission control and the federal approach. The association'splan to reiterate some previously expressed concerns regarding the fossil fuel exemption provisions, the toxic emissions database reporting requirements and the role of the minimum emission rate values in certain permitting and reporting requirements. Once again the association's plan to submit joint written
comments on the proposed rule and the association appreciates the opportunity to submit these comments. Thank you. 20 

## MS. STEPHENS:
21 

## Thank you. Does anyone else
22 

## care to comment on this amendment?
23 

## If not, the hearing on A4256 

## is 24 

## closed.
25 

## This hearing is closed: Thank

- * .L- -- i we*-="- --.A 

## - -C ~i%s~~&*.-~-~. *> ?rrW-2.L4r u----- rrXI rslurslurslu

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# 4 

# 3

### Department 

### ofEnviromental

### Quality January 24,2007 

### Hearing



## Reporter, in and for the State of Louisiana, the officer, as defined in Rule 28 

## of the Federal Rules of Civil Procedure and/or Article 1434 (b) of the Louisiana Code of Civil Procedure, before whom 'this sworn te.stimonywas taken, do hereby state on the Record: That due to the interaction in ' 

## the spontaneous discourse of this proceeding, da'shes 

## -- have been used to indicate pauses, changes in thought, and/or talkovers; that same is the

, . 

## proper method for a Court Reporter's transcription of proceeding, and that the dashes (--) 

## do not indicate that words or phrases have been left out of this transcript; 

## - That any words and/or names which could not be verified through reference material have been denoted 

# I 21 

## with the phrase If 

## (phonetic)


# .

Tara Torres, CCR Page 

### 9



## Certified Court ~e~orterl CER'TIFICATE

ASSOCIATED REPORTERS,INC. 225-216-2036 

### 132 180d204~-3193-43~1-b0~4-0b6fd2f6f095

## CERTIFICATE This certification is 

### valid onJyr,£or a tfanscript accompanied by my'original signature and original raised seal on this page. That this testimony was reported by me in the Stenomask method (voice-writing), was prepared and

. . . . 

### transcribedby.'me or

.. 

### under F 

### -my personal direc'tion 

# I

'i 

### and supervisi-o'n, and is 

### a .true arid correct '. 

### transcript to the best of my ability and understanding; That I 

### am not related to c.ounse1 or to the parties herein; am not otherwise interested in the

. . 

### outcome. of. thfs matter;,:and.am a Patii-.d:.,:member in

. . ... . 

### good standing of the Louisiana State Board of 

### 15

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### 16

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## ASSQCZA.TEZD-iE.EPOETEBS9 INC- '4

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.

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### .133.

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### Examiners .of Certif

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### Tara--~orres (#22012.)

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### -.n c0nt.i~ .dated unguc$Z2i nee& to be~~.or modC fdtlpdaungJhe n4i* add- rsquerts trwn4lKkBby to stravnllne .thedr,Thin nala 

## JAN 

# 30 

## 2007
.@EG/OCEC/I.AD REGUl.ATIOf4 bE/93Pi8iilITSECT ON 

# Publisher of
THE NEWS-STAR MONROE, LOUISIANA PROOF OFPUBLICATION The hereto attached advertisement Was published in the NEWS-STAR A daily newspaper of general circulation. Published in Monroe, Louisiana. Parish ofOuachitain the issues of:



# LEGAL AD DEPT. Sworn and subscribed before me. by The person whose signature appears abovein Monroe, LA on this

Steven 

### L. 

### Turner# 431

### 54 

# NOTARY PUBLIC

## JUN 

## 2 3 2106 Acadiana's Daily Xewspaper 

# THE ADVERTISER

1100 

### Bertrand 

### Drive LAFAYETTE, LA 70506 

### PHONE: (337) 289-6300 FAX: (337) 289-6466



## AFFIDAVIT OF PUBLICATION

Remender 

### D. Weatherspoon Account NO.: LDEQRD 

### LA Department of Environmental Quality Ad Number: 612072 

### OSEC/Legal Affairs Division/ Ad Total: $72.35 

### Regulation Development Section ' No. Reference 

### of Lines: No.: Visa 155 Purchase 

### P. 

### 0. BOX4302 '70 insure propercreditplease referto your account number 

### Baton Rouge, LA 70821-4302 andlor ad numberwhen maMng payment. Remittance address: P.O. Box 3268. Lafayette.LA 70502-3268 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 .knowledgeand reference to the files of said publication, the advertisement of 

### POTPOURRI Department of Environmental Quality Office of the Secretary Leqal Affairs Division Advanced Notice of Proposed Rulemakinq and Solicitation of Comments on Toxic Air Pollutant Proqram Revisions, Loq #A4256 (LAC 33:111.211, 223, 551, 5101, 5105, 5107, 5109, 5111, 5112) (0606Potl)

was published in 

## THEADVERTISER on the following dates: 

### *Wednesday, June 14,2006

Sworn 

## to and subscribed before me 

## this day of June, 

### 2006.612072 -.-POTPOURRi ., . ..

,

### ... .L'!! ,,, ,,.i:.:
., DEPARTMENT OF Environmental Quality Office of the SeccetarY

8 Legal Affairs Dlvls!~n

. . ' ' Advanced ~dtlce~df

Proposed Rulemaking

and Solicitation of Comments on Toxic Air p.ollutant

Program;Revlsions,' Log 1AQ2.56 (LAC33:111.211, 223, 551,5101,5l05,5107,

5109.5111.5112) 

# _
, (0606POtl)

*Clarification of area. and..

. malor.: ':':source requtre~ents."

### ....

*~tilizatibn"of appli-, cable federal. 'MACT rules-(4O.CFR Part 63) for state. MACT (how; ever LAC 33:lil<W5 will, aPf#&in&ion if tQe exempt~on: for electrlc steam

.. .. .generating units

*~bp!icati& bf arnbi-' 

# ' ent air standards to all

sources of toxic air pollutants (TAPS);

'Addjtion madeto ex- empt vlrgin foss~l fuels ?as, streams not coy alnlng TAPSat chemtcal plants

## JUN 

# 2 2?OD6
LUCO!I\SCCiiAliU 

# AFFIDAVIT 

# OF PUBLICATION REG!)~,TIOH i!fCLO?MEET SECTION

( A COITCC~ Copy ofPublication)

POTPOURRI Departmentof Environmental Quality Office'of the SecrPtaW Lenalsffairs Division

The Louisiana wartmem?of Environmental Quality is deveto~ing

, revisions to the Air

Toxic ~ute and to the correspondin portiom of the ruPe in LAC 33-111~11 p3 

### a, and &a+ 

### In, S;bcha A (AQzss). This 

## e": preliminary step In rule making Process. Mflclal rulemaking will be lnltiated after review and consideration of the comments recehred m this advanced notlce, The concurrent revlew of the ambient alr standards that was an- nounced In the miurri notice d inthe LOUIS^- 

## SliP ana Register on Sep- tember 7.0 2005, Will be proposed

### & a separaie rulemaking at a later date The malor daft reviiions Include (in no particular orflw): Elimination of obsolete ruk7 language and m@ 'rule ' Ian uage concerning copdqnce plansand cwttfificatlons of ,mmpliancei : ,.., . , Exemption of area sources from submrtting TEDIi,,and ~evisim'bf '$ubtic .nlr tice reauirements.

. . . , ,. ?.

.-.,. .:
. , .;.:> ?' ' All ,Interested persons are. encouragedto sub- mit. .wtp3n.romments I M:the,:&raW:. proposal. I Commenfbiare.. due:..no lafer:!cm'aii...PJO : p.m., i .$u~Ju&.

. '-2006,: :'dnd shou~be:'d.ubmFWed to Jam& OrgMi, 'Office of Erhiirmmenial As- : 'Wan Development- Section, Box, 4314, Baton Rouge, LA 70821-4314 -or -faxed to, (225)"21P3562-or by t

.. ". .':..",'.. to'
'. ames ,srOn@la.gov. f you have any ques- tions; " regarfflng
. this bocumt pl&. cow

# - tact James Orgemn at (a). :zi9:~.,:, copies I of this .draft. proposed regulation~UI#I' be PUP chased .b~. .iontacting the ,'DEQ.:.Public Re coidr;~entan-4. (pn

### / 119-3168:, ,<!Ctieck or money!: - ordei: : Is n- qu1.e. .in.~'&ance for un

### xOjii;?,q; rms.

# I -Thlsdr6 resulatlon is, a&ijable 

## oni:@. 

## .-. Inter- at;

. ~.'~q.Iouisiana.gw 

### . under<+;-:iRliles and Reg~lu~oh$P ..< $-, . .



# ,$-m,; -c.k LA 70615; 645 N. Lotus ~,.i~~;:.. ,. Suite C, ~and&llle,. LA mpn; 111- N+ C-Fer...ppye.

Elimination of the ex- kLrcutbe Counsel' emphon for electric steam generating '" "-'' ' units; (6) 17 Application of ambient air standards 30 all sources of toxlc air pollutants (TAPS); ~ddition made to ex- empt virgin fossil fuels B2!SAstreams not con- tarnlng TAPSat chemical plants; ~dvancing the submittal of the Toxic Emissions Data Inventory (TED11 to not later than March 31 of each year; 

## I, Bill Buschmann. Classified Advertising Manager of THE TOWN TALK, published at Alexandria, Louisiana do solem~ly swearthat the Public Notice advertisement,as 

### per clipping attached, was published in the regular and entire issue of said
newspaper, and not 

## inany supplement thereof for

# oneinsertionscommencing with the

### issue dated June 17.2006 and inding with the issue dated June 17. 2006.

Subscribedand 

## swornto before me this day of ~&e. 2006
\i. P,,>i'. 

# Affidavit of Publication JGbi 

# 2[; p:,jfj ~[]\,~~i;:~~:~l.>.i,!~ REG!JJIDW O-.,!U.OPMLNI SECTICN

gdinnced Notice. of proposed Rulernakln~ and Solicltatlon of Com- <ents,on Toxic Air Pollutant Program Revlsipns Log#AW6



## .[LAC 33: 111.21 1. 223. si~,sror, 5lm, 5107,5149, 5111,5112) (0606POtl)

%he Louisiana Department of Environmental Qualitv is developing re- visions to the Air, Toxic Rule and to the corre- swndins portions of the

ihlernakina ~rocess.Of.-.-. .
. - .

- . .



### -
. Yicial rulemoklnewlll be Initiated after revlew and consideration of the Gmments cecelved on ~~i~~~d~~iced notice. ~tie~:ctinciirrent revlew of.tha .drnbi'krit.alr::s~n: iards 'that was onRegister on September 20,2005, twill be pli0poSed as a searate rulemaktrig at o later date. The malor draft revisions include (in no particular order): ',

.~liminaiion0f:obsoleterulelanguage and rhst. rlilelanguage con- cerning compliance plans hnd ceflflications. of.cornpllance;. :

kemoval .of'obsolete LDEQ.requirementS;

.Clafificatipn of area and. rnaior. source re- qy~rements;

Utilization of:appiica- ' ble federal ~CT rules (40 C.F R Part. 63) :for st@e.MACT (howeuer LAC:? 

### :;!.!!:.dps will.ap: pM.'. , .. . ,:
. . i~ljmin,atio"of,theex- empt:ion:. for elecfric ste@m generatirm.uni~: Application of amb~ent olr standards to all sources of;ioxic air pol- lufonts (TAPS);

. .

Addition rnade.to ex- eril,pt~lreln fossil fuels gas streams not containln'e TAPSat chemical p6nts;.

.Advoncine the 

### submittal of the.Toxlc Emsslons Dota .lnventorY (TED!) to not later than March31 of each Year;

.~xe.mption. of area sources from submlttlns TEDI' and
.

..~edsion of public no

## STATE 

## OF LOUISIANA Parish of 

## Calcasieu
Before me the undersigned authority,personally came and appeared 

# &&
who being 

### uly sworn,deposes an 

### says: He/She is a duly authorized agentof 

### LAKE CHARLESAMERICAN PRESS a newspaperpublished daily at4900 

### Highway 90East, Lake Charles,Louisiana,70615. (Mail address: P.O. Box 2893 Lake Charles, LA 70602) The attached Notice was published in said 

### newspaper in its 

### issue(s) dated: 00264866 

## - $36.00 June 16,2006

00053262 LA. DEQ OSEClLARD REGUlATlON DEVELOPMENT

. REMENDERWEATHERSPOON P.O. BOX 4302 BATON ROUGE, 70821-4302



## .Li..$,$,- 1 

### Duly Authorized Agent Subscribed and swornto before me 

### on this 16thday of June, 2006 

### at Lake Charles,

# LAY

LA. DEQ 

### OSEC/LARDAll Interested persons are encouraged to submlt wrlttencomments on the draft.proposal. Comments are due no Iqter.than 4:lO .p.m., Augu.st 4, 2006, a.nd should be.su,bitilfted.to J~mes.o,~frero,n, Qfflce of Envlrohmental.Ass&meat, P;lbnbklop rrient ~ecfion,,,~ox 4314, Bgton:

. Rouge, LA 70821 -4314 or;-fa.&ed to (225).. 219-3582 ,or py c-mall

. . to iri;;G~.breemn@a.~ov. If.:You have.any ques- tions regardine this document~leaseconwrt, LA 70374: ' .

.Herman Robinson, .CPM -. 

### ...

Executive Counsel dune 16 It m64W

## RECEIVED 

## JUH 1

## 9

## 2C

..... r . . . ..

........ POTPOURRI

.... ... LDECl/OSEC/LARD ..:

. . REGUMTION DEVELOPMENT SECl Oeparhnenlof EnvironmentalOuai'ity Ottiee LegalAfalrs o the C+c@uy Dlv~ston

. 

## + 

# PROOF"OF

.~ 

# PUBLICATION

. .. .
advanced,~olice of' ProposedRulemaking and Solicitationof Ggm- 

### , ments

.... i

, .... ..,. ~hg 

### mq T&C AI~POIIUtant Ld

$.#&

.Prograin,Revisions,,, 'A6256 ,;,.A".". ::.
, .. ,<!;. .>. <; '-4. I (~~~;33:111:zi.i.i'i2jl?f' 551,-5;~1or;.$fo5: 5s07, 5109~'51.11~.51.12)~' (OGO$Potf,):+! ?':i!??

.

## ..!>).$/?$<

; The ~ouiiiariadepartmentof EnvifonmBntel Qualityisdaveioping.re- visions to th.e.A,\r;T~$c ; Rule and to.the come- 

### ., spondin'g portions:of.the-:. tee rule inUG '"r = 33:111.211; 223,.551,and Chapter51,;Subchapter A (AQ256). This 1sa pre- liminary,sif@ in!he wlemaklngprocess Mficia1 rulernabng;wlll be Initiated.after.rewew:and 

### . coriside(ali6n:ofl~e' comments pceived'on '., this advan&. @i+. Ttie bo6current~reV1eW~of the ambient!airstandards thal.was an;, : riouncedl'ri tlie ppviods potpou.m'rio)icepublished InthkLouisian$Rbg- isteron Septemberp, 2005 will bepropoged asa $ep&atb. " .' "'. '

, ~lemaking'al'alaler



### . date; Themajordeft re-' .;..; visions.incF$e (in

### y. :. partt$$ypr$er?;' .' ?

.' "-

~ll~iil.&tion 01 obsoble rule language and most klelanguageconce'niing wmplianp plans and certifications ot (.&plia"&?:;g:,!. 1% ..:

.. ...

.. Rem~va~$~o@ete

~EQ requlrements,;~~ Clarificatlowokareai &' *@*f .g*;id'e;5L@:; .,, reci."iemgiY""8ii::,i:.{*..
0 ... , -: . >\.$ ~t,iliiati~'~of:ap@i&bIe

: federal-MWCT?UbS,.(PO

: ~~R'~aii;.63~fqrState ' ~~~~(ho;irovef;~&~

33:lll.905;wiil,aqp~)

........
: I 

## I ' Elimination, oithe. ex-,: emptionfor.,electric : :te$n;gener5ting ikiitj;

Applicationofamb~ent air standardsto all sour-

.Ges of toxicair pollutants (TAPS);

...... Additlp" madsid'Q~-

. empt virgin foss~l fuels

. : gas slreams not.containinuTgPs at chemical flints; '

. ' Advancing 

### Fesubmit- 

### ! lal oi the TOXIC Ern@-
: sions Dafa Inventory

(TEDI) to not laterthan March31 of each year;

Exemptionofarea sources tmmsubmriting TEDI; and
'a Revisionofpublic,no- tice requiremenls.,

,,,. .

...... . . 

### STATE OF 

### LOU~SLA&JP;~ ..:, . -'.

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### Beforeme, the

### hiJf~i@ed

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### i~thority,

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### personally came 

### and appeared :,.'p:.%,.:,- '

<..+ < .......... . 

# -

.5 ....,:....' 

### . ,

.... 

### Altheas Critton,

# 7;:

.... ....

; .,i:. ., ! ,.: :.,. ,:. . 

### personallyknownto 

### me,

' ' :.: .'

.. .>.:,:.. ' .':.

...... ,.

... .; , :
.....
....... :. !. 

### Who beingduly 

### sworn,

........



### deposes ,:. 

### "andsays 

### that she 

### isthe 

### Assistant to the 

### classified

## ~d+e&&i$'~aii&g~r ...:hi:.:...i ...i::. ._, .*

.. _$. 

### of 

### The Times, 

### and that the 

### attached 

### Advertisement &dt[tlbd:? ..::.I ' ;,:{

. ........ : 

## ... :.
.

# .:
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### ~0~~0~~~attment of

### Environmental

### QualityOffice ofthe


### , .....,!?.

... :, .:;,*.>;
....... 

### Secretary

## ~e~al~~ffaxrs

..... 

### Division 

### (0606Potl)

., >*<, . .'

..........

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### Swornto 

### and suqscribed

. .:. 

### bef~re

.... : ..... . 

### me

### this 

### 14~~ day of 

### June, 2006

I.

MANAW. BARBER, NOTARY PUBLK: ;Y60491 ' CADDO PARISH, LOUISIANA MY COMMISSION IS FOR LIFEII::.~ n rs +.,-AC'U!P 

# ' 3 LL.'tJl) Lfi!..&?J;[.i:!~.j,\~~ 

## $

. REGVP,TIDti ~E~!,J~~~~.~~TsEc.~~~
3800 

### HOWARD 

### IZVENVE,

### NEW ORLEANS,

### EOUISIKNA 10140-1091 

### 1'ELEPHONE (504) 826-3206

POTPOURRI Deparlmenl of Environmenlsl Quallly rxiceot the Seuqarv 

### State ofLouisiana -1 Analn Dindon Advanced -Notice01 Proposed Rulemekin and SollcltallOn of cornmetif .oiiTT.dxlc Air Poilulant Program Revisions 

### Parishof Orleans Log IA 256 {LAC 33:111211 223' .551, ,109, 5105 '5107, 5109,'5111: 5112) ~0606~011) The ~ouisianabiiii~ment of

. 

### City ofNew Orleans Envir~nmenlar Qualllv is developing- revlsjons td Ihe Alr T 0.x 1.c.: R ul nd lo the corriisP6?din.9 parlions of Ihe fee rule ~n LAC :~~:III 211 213. 

### Personallyappearedbefore me, aNotqrin and 

### for the 551 and Chapter -51, sibde~lei A /~~256) This Is.a mllminar~ step in thi rlllempklng wocess. 

### parish of 

### Orleans,Robert 

## 5. Chassonwho deposesand Otficial ruiemaktno will be lnllialed 'after:'revitw and 'consideralion of .the comrnenls 

### says that 

### he is the Accounts Receivable ~ana~er, ofThe
received on. this advanced notice. The concurrenl review of 

### Times-PicayunePublishing Corporation, a Louisiana the amblenl-sir standards thal was snriounced In !he Previous, polpaurrl nolice wbllshed In Ihe 

### Corporation,Publishers ofThe Times-Picayune,Daily and Louislan.a-.'Re isler on September 21l'905 kill be propos.ed. a; 'a, ;¶le 

## Sunday, of 

## general circulation; doingbusinessin the City ruiarnakinft.a,l:a,(oater 

# daie. Tle maior dra revis nr ~ncludc{ n 

### ofNew Orleans and the State of Louisiana, and that the
no padkularorder); .:'" '

. . Fllrirlnallon of ,obsglSte,:rulc fangurge and m.0:rj;:r.u le, 'IangGd cmcaynln "ucmplhnc; plans and cer!l&r~!~~? ot ~PUM~;

.. t Removal of'bb6olel~ .~DE~ reaulrem$

. .+: ;:';.: F Clarlficatbn. bf aaeaa~d~rnaior rourm ra&I~ment~:$+3.: ;r. ~UtUltaHon:~ ;WP Icab[e!'kdar.l ACT ruler :(4O.,CFR' part 631 for rtalc.~~~~i(h'd.we~b.~I'c~c.. 32111.Wf will apply) ' *: { Ellnilnatlon 6ff;ha:axernplion or electric sfead generating ""I& .: ,, ... ,": F. A~~licallon'of;ambi6talr slandards lo all.sourcm of loxic alr wllutanls ITAPr)." F. Addilio? ma3'e(90 exempl vlrgin fos:~l fuels:Yas slreams 001 containlno TAPsal chemlcd plants'. .'
. . . C Advancing tha submlltal d Ihe Toxic Emisions Data Inventory (TED11 to.got:laler lhan March 

# ; d=dl Year; . . ,,..:. Exemption of srea!sources am'submllliig.TEDI' and F ReVls1on:of 'public nolice' requlremenls 'All inleres1;d persons are 

# 1 encouraoed to submll nritlen mmmmfs bn the .draft pmporal 

### i Comments .are due'no later lhan' 430 P.m Ru?usl"4 2006, and 

### attached 

## LEGALNOTICE Re:PotpourriAdvanceNotice ofproposed Rulemaking & 

### Solicitation ofcomments

## on Toxic

## Air PollutantAQ2.56 Dept. OfEnvironemental 

### Qualify Advertisement of
P.O. BOX 4302 Baton Rouge,

## La. 70821 -4302
Was published 

## in The Times

### Picayune

3800HowardAve. New Orleans,

### La 70125 I should be rupm~tted to James Or eron 0f.f.lc.e 01 ~nv~ronmenibj~rseskmen) Pion Developmen1.Seclion, 80; 4314 Baton Rouge LA 701121:1314 or 'fared lo'l225) 219-35Bl or bv e-inall 10 lames oroeron Jr sov If ou 

## On the following dates 

### June 173 have bn~ sucsiobr regardng Ihls document. please conlact .James Orreron'..al (.225) 219-3578 Co~ierat lhls drafl A .?- pr6bore;i reguiallon.. can be 

# - bur-Chased b conlacllng Ihe

EW.Publlc &cords .Center .I l225).?I9-3168.. Cbk .or money order .Ir:requlrec%in:,advanw lor eech COPY of AQ256 This drafl 

### , regulation 1s available an the InI'ern~rI a1 Www.d~~.lo~lsianh.g0~ under Rulesand Reouiallons. !The draft resulallons are ' available for inspeclion a1 the hllowing DEQ office locafionr from 8 a.m. until t30 p.m.: 602 

### 19th N. Fifth Slrrel Baton ROW LA 70802 1823 ~ishwav 546 hesl ~onrbe. 'LA 71292; .~lale'(mice Building 1525 Fatrl~eld Avenue ~hreveborlLA 71101, 1301 Gadwall striel Lake char~es LA 70615. 645 N Lnlus Drive' Suite c handev/lle LA 70471; 111 ~'ew ~entkr Drive LafaYelle LA 70501 116 My commission expires at mydeath. Baralaria sireel, ~ockpof'~, LA 70514. Herman RoMnson CPM ExecutiveCbunsel 

### Charles A.

### Ferguson, Jr. Notary identificationnumber 23492NOTICE OF INTENT Department ofEnvironmental Quality Office of the Secretary Legal Affairs Division Comprehensive Toxic Air Pollutant Emission ControlProgram (LAC 33:111.221,223,551,5101, 5103, 5105,5107,5109,5111, and 5112)(AQ256) Under the authority of the Environmental Quality Act, R.S. 30:2001 et seq., and in accordance with the provisions of the AdministrativeProcedure Act, R.S. 49:950 et seq., the secretary gives notice that rulemaking procedureshave been initiated to amend the Air regulations, LAC 33:111.221, 223, 551, 5101, 5103, 5105, 5107, 5109, 5111, and 5112 (Log #AQ256).

The air toxics rule has been in effect for 15 years. It currently contains dated language that needs to be removed or modified. Updating the rule also addresses requests from industry to streamline the rule. This rule revises the air toxics rule in the following ways: eliminates obsolete rule language and most rule language concerning compliance plans and certifications of compliance; removes obsolete department requirements; clarifies area (minor) and major source requirements; utilizes applicable federal Maximum Achievable ControlTechnology (MACT) rules (40 CFR Part 63) for state MACT; eliminates the exemption for electric steam generating units; exempts virgin fossil fuels gas streams not containing TAPS at chemical plants; moves discharge reporting requirements to LAC 33:I.Chapter 39; advances the submittal of the Toxic Emissions Data Inventory (TEDI)reports to not later than March 3 1 of each year; exempts area (minor) sources from submitting TEDI reports; and revises public notice requirements. The basis and rationale for this Rule are to update the Louisiana Ambient Air Quality Standards to ensure continued protectionof human health and the environment.

This proposed Rule meets an exception listed in R.S. 30:2019(D)(2) and R.S. 49:953(G)(3); therefore, no report regarding environmentalhealth benefits and social/economic costs is required. This proposed Rule has no known impact on family formation, stability, and autonomy as describedin R.S.49:972. Title 33 ENVIRONMENTAL QUALITY Part 111. Air Chapter 2. Rules and Regulations for the Fee System ofthe Air Quality Control Programs 5211. Methodology

A. Formula to Apportion Fees Annual Maintenance Fee (based on type of facility and on rated production capacitylthroughput) New Application Fee (based on type of facility and on rated production capacity/throughput) Major and Minor Modification ModifiedPermit Fee (based on type offacility and on rated production Variable

Variable

Variable
capacitylthroughput) PSD ApplicationFee (based on type offacility and on rated production capacitylthroughput) Surchargeof 50% ofthe application fee when a PSD permit applicationis being "NESHAP" Maintenance Fee (based on type offacility and on rated production capacitylthroughput)

equipment subjectto NSPS regulation 

## ' Fees shall be assessed on major sources as defined in LAC processed Surchargeof 25% ofthe Annual MaintenanceFee for that particularprocesslplantto be added to theAMU~ Maintenance
-. -. "NSPS" MaintenanceFee (based on type offacility and on rated production capacitylthroughput)

33:111.5103. Sources that have reduced emissionsbelow major source thresholds are not required to submit annual emissions reports in accordance with LAC 33:111.5107. Fee Surchargeof 25% ofthe permit application fee to be charged for any pennit application that includes the additionof new

B. -B.13.e.



### ... 14. Air Toxics Annual Emissions Fees based on actual annual emissions that occurred during the previous calendar year shall be assessed on major sources as defined in LAC 33:111.5103. 15.

### - 15.b.



### ... AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Ofice of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:611 (September 1988), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 17:1205 (December 199l), LR 18:706 (July 1992),LR 19:14 19 (November 1993), amended by the Ofice of Management and Finance, Fiscal Services Division, LR 22:17 (January 1996), amended by the Ofice of Environmental Assessment, Environmental Planning Division, LR 26:264 (February 2000), LR 26:2444 (November 2000), LR 29:2776 (December 2003), amended by the Office ofthe Secretary, Legal Affairs Division, LR 3 1:2435 (October 2005), LR 33: 5223. Fee Schedule Listing

Table 1.

### - Table 2, Note 12.



### . .. Note 13. Fees will be determined by aggregating and rounding (e.g., parts of a ton less than 0.50 are reported as zero and parts of a ton equal to or greater than 0.50 are reported as one ton) actual annual emissions of each class of toxic air pollutants (as delineated in the tables in LAC 33:III.5112) for a facility and applying the appropriate fee schedule for that class. If a facility emits more than 4000 tons per year of any singletoxic air pollutant, fees shallbe assessed on only the first 4000 tons. In no case shall the fee for this categorybe less than $1 32. Note 14.

### - Note 20.

.

### .. AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054,2341, and 2351 et seq.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Ofice of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:613 (September 1988), LR 15:735 (September 1989), amended by the Office of Air Quality and Radiation Protection, Air Quality
Louisiana Register Vol. 32, No. 12 December20, 2006Division, LR 17: 1205 (December 1991), repromulgated LR 18:31 (January 1992), amended LR 18:706 (July 1992), LR 18:1256 (November 1992), LR 19:1373 (October 1993), LR 19:1420 (November 1993), LR 19:1564 (December 1993), LR 20:421 (April 1994), LR 20:1263 (November 1994), LR 21:22 (January 1995), LR 21:782 (August 1995), LR 21:942 (September 1995), repromulgated LR 2 1:1080 (October 1995), amended LR 2 1:1236 (November 1995), LR 23:1496, 1499 (November 1997), LR 23:1662 (December 1997), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:267 (February 2000), LR 26485 (March 2000), LR 26:1606 (August 2000), repromulgated LR 27:192 (February 2001), amended LR 29:672 (May 2003), LR 29:2042 (October 2003), LR 30:1475 (July 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 33: Chapter 

### 5. Permit Procedures $551. Hazardous Air Pollutant (HAP) Control Technology Requirements for New Sources A. 

### - B.Simi1arSource.



### . .. C. Exemptions and Prohibitions. The requirements of this Section do not apply to: 1. stationary sources that are within a source category that has been deleted from the source category list in accordance with Section 112(c)(9)ofthe Clean Air Act; and 

### 2. research and development activities, as defined in Subsection

### B of this Section.

D. 

### - J.


### ... AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 and 2060.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 24:913 (May 1998), amended by the Oficeofthe Secretary, Legal Affairs Division, LR 33:

source that was a Subchapter (as of

### Dec minor source status on of emissions and

: Promulgated in a 

## ***

a. emissions fr bustion of Group 1 virgin

fossil fuels vented from ack that has downwash minimization stack height height approved by the

nd until such time as

relieve any source of other obligations under state fkderallaw.
Louisiana Register Vol. 32, No. 12 December 20, 2006 

## 4@!3

# RulemakingPetitionfortheRepealof

# LA

# 33.III.510 (LAC33.111.603,605,607,613,615)EDUCATION

4. Publishers must local school systems, in writing, of the need to h les returned. If notified by

5. Publishers necessary arrangements for samplereturns at

Publishers' Responsibilities

d. Publishers shall not contact



### . This does not prohibit publishers from at conferencesmaterials being considered for adoption. 1. Upon request by school personnel at conferences, publishers may provide examination copies if the materials are to be used for thebenefit of Louisiana students.



### J. 

### - L.1.



### ... 2. Repeated violati reported to the state Board of Elementary 

### ary Education with

TE: Promulgated by

Weegie Peabody Executive Director

RULE Department of Environmental Quality Off~ce of the Secretary Legal Affairs Division CalcasieuParish Control ofEmissions (LAC 33:111.510,603, 605,607,613, and 615)(AQ287P) Under the authority of the Environmental Quality Act, R.S. 30:2001 et seq., and in accordance with the provisions ofthe Administrative Procedure Act, R.S. 49:950 et seq., the secretary has amended the Air regulations, LAC 33:III.510, 603,605,607,613, and 615 (Log#AQ287P).

This rule repeals and deletes references to LAC 33:111.510, which provides for control technology requirements and emission offsets only in Calcasieu Parish. This Section was promulgatedin 2001 following violation of the 1-hour ozone standard in Calcasieu Parish and prior to EPA's designations for the &hour ozone standard in 2004. The Lake Area Industry Alliance (LAIA) submitted a petition for rulemaking to the department requesting the repeal of LAC 33:III.SlO. The membership of LAIA consists of 23 major industrial facilities located in the Lake Charles/CalcasieuParish area. A public notice and comment period was held prior to this rulemaking seeking comment regarding the requested repeal. A public hearing was held in Lake Charles prior to reaching a decision on this action. Overwhelming support for the repeal was expressed during 

## iE#k Louisiana Register Vol. 33, No. 10 October20, 2007the comment period. This "state-only1'rule provision was never submitted to EPA for incorporation into Louisiana's State Implementation Plan for air quality. Based on a review of the relevant air quality information for Calcasieu Parish, the department has determined to proceed with the repeal of LAC 33:111.510. The basis and rationale for this rule are to allow air emission sources in Calcasieu Parish to be subject to the same permitting rules as other parishes in Louisiana that are currently in attainment with the National Ambient Air Quality Standard forthe air pollutant ozone.

This rule meets an exception listed in R.S. 30:2019(D)(2) and R.S. 49:953(G)(3); therefore, no report regarding environmentalhealth benefits and sociaVeconomic costs is required. ENVIRONMENTAL QUALIT Part 111. Air Permit Procedures

AUTHORITY NOTE. d in accordance with R.S.

Environmental ental Assessment,

Credits Banking 

### $603. Applicability

A. Major stationary sources are subject to the provisions of this Chapter for the purpose of utilizing emission reductions as offsets in accordance with LAC 33:111.504. Minor stationary sources located in ozone nonattainment areas may submit ERC applications for purposes ofbanking. Sources located in EPA-designated ozone attainment areas may not participate in the emissions banking program. Any stationary point source at an affected facility is eligible to participate.

AUTHORITYNOTE: 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 20:874 (August 1994), amended LR 24:2239 (December 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 25:1622 (September 1999), LR 28:301 (February 2002), amended by the Office of the Secretary, Legal Affairs Division, LR 33:2068 (October 2007). 

### $605. Definitions

A.


### ... 

## * * 

## *

Offset-a legally enforceable reduction, approved by the department, in the rate of actual emissions from an existing stationary point source, which is used to compensate for a significant net increase in emissions of NO, or VOC from a new or modified stationary source in accordance with the requirements of LAC 33:111.504. To be valid, an offset must meet the definition of ERC. 

## * * * AUTHORITYNOTE: 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 20:874 (August 1994), LR 291622 (September 1999), LR 26:2448 (November 2000), LR 28:301 (February 2002), amended by the Office of the Secretary, Legal Affairs Division, LR 33:2068 (October 2007). 

### $607. Determination of Creditable Emission Reductions A. -C.4.a.ii.



### ... b. Reserved. C.5. -D.


### ... AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 20:877 (August 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 25: 1622 (September 1999). LR 28:302 (February 2002), amended by the Office of the Secretary, Legal Affairs Division, LR 32:1601 (September 2006), LR 33:2068 (October 2007). 

### $613. ERC Bank Recordkeeping and Reporting Requirements A. -B.2.



### ...

3. Repealed. C.



### ... AUTHORITYNOTE: 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 20:877 (August 1994), amended by the Ofice of Environmental Assessment, Environmental Planning Division, LR 25: 1622 (September 1999), LR 26:486 (March 2000), LR 26:2449 (November 2000), LR 28:303 (February 2002), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2437 (October 2005), LR 33:2068, 2068 (October 2007). 

### $615. Schedule for Submitting Applications

A. -B.



### ... C. Applications for banking emission reductions that are to be made as part of a project that includes an increase in emissions for which the reduction will serve to offset the increase may be submitted as part of the permit application for the proposed increase. Such reductions will be reviewed for applicability as ERCs concurrently with the review ofthe permit application.

D. The applicant shall speciate VOC according to individual compounds when applying to bank VOC reductions. Speciation of toxic air pollutants regulated in LAC 33:III.Chapter 51 is required.

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 20:878 (August 1994), amended LR 21:681 (July 1995), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 25:1623 (September 1999), LR 26:486 (March 2000), LR 28:304 (February 2002), amended by the Office of the Secretary, Legal Affairs Division, LR 33:2068 (October 2007). Herman Robinson, CPM Executive Counsel

Louisiana Register Vol. 33, No. 10 October20, 2007 

## fE%AQ287P Summary Sept. 10, 2007 Page I of 3 

### Comment Summary Response & Concise Statement 

# -AQ287P Amendmentsto the Air Regulations Calcasieu Parish Control of Emissions (Repeal of LAC 33:111.510) LAC 33:111.510, 603, 605, 607,613, and 615

Concise Statement arguments: FOR: [The reason supporting WHY the suggestion in the comment should be adopted by DEQ. Usuallythis is the commenter's perspective.] AGAINST: [The reasonWHY the department feels the suggestion should NOT be adopted.]



### .OMMENT 1

### : -

### The department is commended for honoringthe commenter's request to conduct a public hearing in Lake Charles. This allowed local citizens and community leaders an opportunity to participate in the petitioning processwithout having to travel to Baton Rouge. FORlAGAlNST

## -- No arguments necessary; comment does not suggest amendment or change. RESPONSE 1

### : -

### The department appreciates the support.

COMMENT 2: -The petition to repeal Section 510 has merit and should be granted by the department. The department should act quickly to initiateformal rulemaking and the date of the repeal should be made retroactiveto the date the petition 

### is granted by the department or earlier. FORlAGAlNST

## -- The department agrees with the comment; no arguments are necessary. RESPONSE 2: -

### LAC 33:111.510will be repealed. The effective date of the repeal will be the date of final publication in the Louisiana Register.

COMMENT 3: -

### Section 510 is specifically for Calcasieu Parish. As such, it places Calcasieu parish at an economic disadvantage with similar areas of the state and region that comply with the 8-hour standard but do not have the environmental restrictions imposed by a rule similar to Section 510. A direct monetary irr~pact relatingto Section 510 is impossible to calculate. However, companiesAQ287P Summary Sept. 10,2007 Page 2 of 3 

### seeking to invest in an area take this and other factors into consideration. FORIAGAINST

## -- No arguments necessary; comment does not suggest amendment or change. RESPONSE 3: -

### LAC 33:111.510 will be repealed.

COMMENT 4: - 

### If Calcasieu Parish is designated nonattainment in the future through the imposition of a stricter ozone standard, Section 510 would be irrelevant because Calcasieu Parish would be subjectto Section 504, Nonattainment New Source Review procedures. Since Section 504 is more stringent, Section 510 would be superfluous. FORIAGAINST

## -- No arguments necessary; comment does not suggest amendment or change RESPONSE 4: -

### LAC 33:111.510will be repealed.

COMMENT 5: 

## -Section 510 is unnecessary because Calcasieu Parish is designated attainment and the levels of volatile organic compounds (VOC) and nitrogen oxides (NOx) have decreased. Since offsets are not available, Section 510 is impractical and creates a significant negative economic impact and a negative growth potential for the local industries. FORIAGAINST-- 

### The department agrees with the comment; no arguments are necessary. RESPONSE 5: -

### LAC 33:111.510 will be repealedAQ287P Key Sept. 10, 2007 Page 3 of 3 

### Comment Summary Response 

### & Concise Statement Key

# -AQ287P Amendments to the Air Regulations Calcasieu Parish Control of Emissions (Repeal of LAC 33:111.510) LAC 33:111.510, 603, 605, 607, 613, and 615



### COMMENT # 

### 1and 5 

### SUGGESTED BY Larry DeRoussel

### / Lake Area Industry Alliance 2-4 RichardT. Metcalf

### / LMOGA

# LOUISIANA MID-CONTINENT OIL AND 

# GAS ASSOCIATION

801NORTH BOULEVARD, SUITE 

### 201, BATON ROUGE, LA 70802-5727

June 1,2007 Ms. Soumaya Ghosn LouisianaDepartment ofEnvironmentalQuality Public Participation Group P.O. Box 43 13 Baton Rouge, LA 70821-43 13 Re: Petition to for Rulemaking to Rescind LAC 33:III.S 10 Dear Ms. Ghosn: The Louisiana Mid-Continent Oil and Gas Association appreciatesthe opportunity to comment on the Lake Area Industry Alliance's (LAIA) Petition for Rulemaking to Rescind LAC 33:III.510 which appeared in a Public Notice on the Department's web site on May 3, 2007. Mid-Continent is an industry trade association representing individualsand companies who together produce, transport, refine and market crude oil, natural gas, petroleum products and electricity in Louisiana. MidContinent represents several companies that have operations in Calcasieu Parish including three refineriesthat are affectedby the Section 510rule should it remain in effect. Mid-Continent believes the LAIA petition to repeal Section 510 has merit and the petition should be granted by the Department. Furthermore, Mid-Continent believes the Department should act quickly to initiate formal rulemaking to repeal the rule in accordance with the Administrative Procedures Act. The proposed effective date of the repeal should be made retroactive to the date the petition is grantedby the Department if not earlier. Mid-Continent staff and member company representatives participated in discussions with other industry groups, including LAM, and the Department during 2000-2001 when ozone monitoring data indicated that CalcasieuParish was experiencing exceedances ofthe 1-hour ozone ambient air standard after having previously having attained that standard. Most participants in those meetings felt the exceedanceswere being causedprimarily by ozone transport from Texas and that modeling studies were needed to confirm this belief. The adoption of the Section 510 rule was a direct outgrowth ofthose discussions. Section 

### 510 was intended as a temporary measure to prevent significant increases of NOx andlor VOC emissions from occurring due to new projects while the cause(s) of the exceedances were being analyzed. It essentially would maintain the status quo from an emissions standpoint while still allowing a mechanism to permit and construct new projects. Since emission reduction credit opportunities were available at this time, industry supported the adoption of Section 510 as a reasonable interim measure while the necessary studies were performed. It is noted that at the sametime industry also supported a "tightening" of the VOC rules.

### Ms. Soumaya Ghosn June 1,2007 Page 2

Calcasieu Parish quickly reachieved attainment status with the 1-hour standard and to date has always been in attainment with the stricter 8-hour standard. Subsequent to the adoption of the Section 510 rule, however, much has changed in Calcasieu Parish. The opportunities for self-generated emission credits have greatly diminished for the three Calcasieu Parish refineries. Both the CITGO and ConocoPhillips refineries have entered into consent decrees with the EPA and the Department to reduce air emissions from several sources in their refineries. The Calcasieu Refining Company facility is currently discussing similar reductions with the Department as part of the Small Refinery Initiative. While these agreements and other recently adopted or proposed rules (e.g. Refinery NSPS Subpart Ja) will greatly reduce emissions helping to ensure Calcasieu Parish maintains its ozone compliance status, they remove opportunities for installing voluntary controls that generate the emission credits needed for new projects subjectto the Section 510 permitting provisions. Retention of the Section 510 rule places Calcasieu Parish at a competitiveeconomic disadvantage with similar areas of the state and region that comply with the 8-hour standard but do not have the environmental restrictions imposed by a rule similar to Section 510. While a direct monetary impact of the rule is impossible to calculate, the impact is analogous to those that might be imposedby higher taxes, utility costs, labor costs, etc. Companies seeking to investin an area take these and other factors, includingenvironmentalrules, into account when choosing the location for their investment. Section 510 is also irrelevant if Calcasieu Parish is designatednonattainment in the futurethrough the imposition of a stricter ozone standard. Should this occur, Calcasieu Parish sourceswould be subject to the Section 504NonattainrnentNew Source Review Procedures. Sincethe provisions of Section 504 are more stringentthan those of Section 510, Section 510 would be superfluous. Once again, Mid-Continent believes the LAIA petition to repeal Section 510 has merit and the petition should be granted by the Department and Mid-Continent requests the Department act quickly to initiate formal rulemaking to repeal the rule in accordance with the Administrative Procedures Act. The proposed effective date of the repeal should be made retroactive to the date the petition is granted by the Department if not earlier. Mid-Continent would like to be notified when a decision is made on the petition and Mid-Continent is available to meet with the Department on this issue if necessary. Once again,Mid-Continent appreciatesthe opportunity to submit these comments. Sincerely,

Richard T. Metcalf Health, Safetyand Environmental

Affairs Coordinator

### STATE OF LOUISIANA DEPARTMENT OF E N V I R O N M E N T A L Q U A L I T Y

IN RE: CALCASIEU PARISH CONTROL OF EMISSIONS (REPEAL OF LAC 33:111.510) LOG #: 

### AQ287P PUBLIC HEARING

The Public Hearing held by the Department of Environmental Quality, Regulation Development Section, at the Galvez Building, Oliver Pollock Conference Room, 

## 602 N. Fifth Street, Baton Rouge, Louisiana, beginning at 1:35 p.m., on August 28, 

### 2007.

Certified Court Reporter In and For the State of Louisiana



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

# RECEIVED 

# SEP 0 

## 6

## 2007

LDEQ/OSEC/LAD REGUMTIONDEVELOPMENTSEC

## DEPARTMENT OF ENVIRONMENTAL QUALITY APPEARANCES

FOR THE LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY: 

### SANDY STEPHENS Hearing Officer Department of Environmental Quality Legal Affairs Division, 8th Floor Regulation Development 602 

## N. Fifth Street Baton Rouge, Louisiana 70802



## ASSOCIATED REPORTERS, INC.
263

### DEPARTMENT OF ENVIRONMBWALQUALITY

. . 

### INDEX



### EXAMINATION: None



### EXHIBITS: 

## 'None

R E P O R T E R ' S P A G E R E P O R T E R ' S C E R T I F I C A T E PAGE (S) :



### ASSOCIATED REPORTERS,INC. (225)21 6-203t

## DEPARTMENT OFENVIRONMENTALQUALITY 

# *****

MS. STEPHENS: 

### Good afternoon! My name is Sandy Stephens and I'm employed by the Louisiana Department of Environmental Quality. 1'11 be serving as hearing officer this afternoon to receive comments regarding proposed amendments to the environmental quality regulations. The comment period for these amecdments began on July 20, 2007, when the potpourri notice and the notices of intent

were published in the Louisiana Register. The comment periods will close at 4:30 p.m., September 4, 2007. 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. This hearing is not being conducted in a question and answer format. Please remember that the purpose of this public hearing is to allow you, the public, an opportunity to express your thoughts concerning today's proposed



## ASSOCIATEDREPORTERS,INC. (225) 216-203t
265

### DEPARTMENT OF ENVIRONMENTAL QUALITY 

### amendments. I'll ask that each person commenting

come up and sit at the front table and begin by stating his or her name a n d a f f i l i a t i o n f o r t h e record. T h e n e x t i t e m o n the agenda is designated by t h e L o g Number AQ287P. This rule repeals and deletes references to LAC 33:111.510, which provides f o r c o n t r o l t e c h n o l o g y r e q u i r e m e n t s and emission o f f s e t s o n l y i n C a l c a s i e u P a r i s h . T h i s S e c t i o n w a s promulgated in 2001 following v i o l a t i o n o f t h e 1 - h o u r ozone standard i n C a l c a s i e u Parish a n d p r i o r t o EPA's d e s i g n a t i o n s f o r t h e 8 - h o u r o z o n e standard in 2 0 0 4 . T h e L a k e Area Industry Alliance (LAIA) submitted a petition for rulemaking t o t h e department requesting the repeal of LAC 3 3 : 1 1 1 . 5 1 0 . The 

### membership of L A I A c o n s i s t s of 23 major industrial facilities l o c a t e d i n t h e L a k e Charles/Calcasieu Parish area. A public notice and comment period was held prior to this rulemaking seeking c o m m e n t s r e g a r d i n g the requested repeal. A p u b l i c h e a r i n g w a s

ASSOCIATEDREPORTERS,TNC.
266

## DEPARTMENT OFENVIRONMENTAL QUALITY held in Lake Charles prior to reaching a decision on this action. Overwhelming support for the repeal

was expressed during the comment period. This "state-only" rule provision was never submitted to EPA for incorporation into Louisiana's State Implementation Plan for air quality. Based on a review o f t h e relevant air quality information for Calcasieu Parish, the department has determined to proceed with the repeal of LAC 33:111.510. Comments will begin with Mr. Larry DeRoussel. MR. DeROUSSEL : 

### Thank you. My name is Larry DeRoussel. I represent t h e L a k e A r e a Industry Alliance in Lake Charles, Louisiana. The 23 member companies o f t h e local industrial community, w h o m a k e up the Lake Area Industry Alliance in Calcasieu Parish 

## -- and 

## I won't go through them, since they're part of the record 

# -- collectively petitioned the LDEQ through t h e L A I A to rescind Section 510 of the Ozone Maintenance



## ASSOCIATED REPORTERS, INC.
267

## DEPARTMENTOF ENVIRONMENTAL QUALITY 7 Plan, not t h e e n t i r e plan, only Section 510, which has to do. with emission offsets for major projects. As 

### part of the petition, 

### we requested that the LDEQ conduct 

### it's first public hearing in Lake Charles to allow local citizens and community leaders an opportunity to participate in the petitioning process without having to drive
to Baton Rouge. That was done. On behalf of the member companies of the Lake Area Industry Alliance, 

### I want to thank the LDEQ for honoring our initial request. As 

### stated, during the years of 1998, 15 1999 and 2000, there 

### were six ozone 16 excedence days in Calcasieu Parish. As 

### you 17 know, four or more excedence days in any 18 three consecutive years results in an area 19 being designated "nonattainment" for ozone. 20 Rule 510 was initiated by the LDEQ as a way 21 of addressing the "nonattainment" issue. 22 Rule 510, which is only one part of the 23 Ozone Maintenance Plan, requires emission 24 offsets for major projects; offsets which 25 must be in place before the start of the new



## ASSOCIATED REPORTERS,INC.
268

## DEPARTMENTOFENVIRONMENTALQUALITY project. To my knowledge, the rule has not been utilized since its implementation in the year 2001. A n d , C a l c a s i e u Parish, which is the only parish for which the rule applies, has been in attainment for both the '1-hour standard" and the more stringent '8- 

### hour standard". Many of the local plants have been voluntarily reducing emissions and have made commitments to further reductions over the next several years. To the point that there

are no offset opportunities remaining. The effectiveness of these reductions are evidenced by the 

## LDEQ monitoring data, which shows that VOC and NOx levels in Calcasieu Parish are well w i t h i n t h e standards and at levels that present no major concerns. The fact that Calcasieu Parish is desi.gnated "Attainment" and that VOC and NOx levels are d o w n , m a k e s Rule 510 unnecessary. The fact that there are no offsets available, makes Rule 510 impractical and creates a significant potential for negative economic impact and a negative growth potential for the local industry and as a



## ASSOCIATED REPORTERS, INC.
269

### DEPARTMENT 

## OF ENVIRONMENTAL QUALITY 

### resu'lt, the local c o m m u n i t y o f C a l c a s i e u Parish and the surrounding area. When meaningful projects present themselves at the plants, the window of opportunity to acquire f u n d s f o r the project is very narrow as plants compete for capital funds with sister p l a n t s t h r o u g h o u t t h e company. I n c o m p a r i s o n , the timeline for rule changing can be very lengthy. So if a rule is unnecessary, one cannot wait until a meaningful project presents itself to start the process of petitioning for change. Consequently, we h a v e c h o s e n to petition the LDEQ, at this time, for recension of Rule 5 1 0 , w h i l e remaining true to our commitment of being good stewards of the environment. I want to thank 

## -- again, thank the LDEQ for conducting their first public m e e t i n g i n o u r local community and for processing our request t h r o u g h y o u r s y s t e m in a timely and effective manner. T h a n k y o u very much. MS. STEPHENS : 

### Thank you.

ASSOCIATED REPORTERS,INC.
270

## DEPARTMENTOF ENVIRONMENTAL QUALITY Does anyone else care to comment on this regulation? If 

### not, the hearing on 

## AQ287P is closed. Thank you for your attention and part'icipation. This hearing is 

### closed.


### THE HEARING CONCLUDED AT 1 :

### 41 

### P 

# .M. 

# *****

ASSOCIATED REPORTERS, NC.
271

## DEPARTMENTOF ENVIRONMENTAL QUALITY REPORTER'S PAGE 

### I, 

### Lori B. 

### Overland, Certified Court Reporter, in and for the State of Louisiana, the officer, as defined in Rule 28 of the Federal Rules of Civil Procedure and/or Article 1434(b) of the Louisiana code of Civil Procedure, before whom this sworn testimony was taken, do hereby
state on the Record That due to the interaction in the spontaneous discourse of this proceeding, dashes (- 

### have been used to indicate pauses, c.hanges in thought, and/or talk overs; that same 

### is the proper method for a Court Reporters's transcription of proceeding, and that the dashes (--) 

### do not indicated that words or phrases have been left out of this transcript; That any words and/or names which could not be verified through reference material have been denoted with the phrase



### ------



## ASSOCIATED REPORTERS,INC.
272 

### Lori Overland, C.C.R. 

### # 97083

## DEPARTMENT OFENVIRONMENTAL

## QUALITY CERTIFICATION I, 

### the undersigned reporter, do hereby certify that the above and foregoing is a true and correct transcription of the stenomask tape of the proceedings had herein, taken down by me and transcribed under my supervision, to the best of my ability and understanding, at the time and place hereinbefore noted, in the above entitled cause. I 

### further c e r t i f y t h a t the witness was duly

sworn by me in my capacity as a Certified Court Reporter pursuant to the provisions of R. S. 

### 37:2551 

### et seq. in and for the state of Louisiana; that I 

### am not of counsel nor related to any of the counsel of any of t h e p a r t i e s , nor in the e'mploy of any of the parties, and that I 

### have no interest in the outcome of this action. I 

### further certify that my license is 

### in good standing as a court reporter in and for the
state of Louisiana



## --- -- 

# --- Lori Overland, 

# C.CIR.

5, 

# $ L

### c: i b!, $.L:il;,,,:.\.

, ,, .; 

### : 

### ,. CCCiRlo Co~lrt Reporter

. 

### .+; ) .-::in 2nd c): it,!: Z!g:t? oiLouie~ana 

## *!, .: .$.: .k 

### , fi u,. *';, 

### ..., . . ,. Ci;o!ire:s F;;;grl~r 'JiOO?



## ASSOCIATED REPORTERS, 

## INC.
273

# AF'FIDAVIT OF 

# PUBLICATION

( A 

### Correct Copy NOTICE OF INTE~T

Repeal of LAC

33:111.510

. (LAC 33:111.510, 603 6D5,607. 613, and 615 (AQ287P) Under the authorliy of *the Environmental

Quallty Act, R.S. 30:2001 et seq.. and in accordance with the provis~onsof the Admlnistrative Procedure Act, R.S. 49:950 et seq., the secretary glves no-- tlce that rulemaking pr0,cedures have been mihated to amend the Air regulations, LAC 33:111.510 6D3 605 607 613 anh dl5 '(~op' ~~A6287~). Thls rule repeals and ' deletes references to 

### , LAC 33111510 which provldei .+or ' control echnolwy reqylrs: ments and emission offsets only In Calcasieu Parlsh. Thls SedIon

. was promul-
. gated zqo!.follpwing. ' vm&on.oftfig-l :h',jur

- ozone standard In

Cakaslw Parish and prlor 40. EPA's deslg- natlons for Me 8-hour ozone standard in2004. The LaKe Area Industry

. Alllance (LAIAI submitted a petltion for rulemaking to the department re uestlng the re eal 

## 4

. LAC ,:ll.5lg. The mimbership of LAiA con-

.sists of 23 major lndus-

. trial facilltles located in the Cake, Charles/ Calcasieu Parish area A public notice. and comment period was '1 pior?: to. this



### . rulema Ing seeking cornmerit .the reqwstedrr2p"J,4i.ng. ybllc hearlng wa$ eld in Lake Charles prlor to reaching a declslon on this actlon. Overwhclmh support

. for the repee! yas,.ex..

pressed .during the Fomment period. This state-only" rule prqvl- slon was never submittedto EPA for Incorpe ratlon Into Louisiana's State Implementation Plan for air .quality Based on a 'revjew oi the relevant alrquallty Information for Calcasleu Parlsh, the de artment has determiedto oroceed wl+h the re eel of - LAC 33:111.51~. The basis and rationale fot thls rule are to allow air emission sources in Calcasieu Parish to be subiect to the same permittin rules as other parqshes in Louislana that are currentI In attalnment wlth tie National Ambient Alr QUalltY Standard for the air pollutant mane. 

### of Publication)

Thls proposed rule .meets an exceotlon 'llsted In 'R.S. 30:2019(D)(2! and R.S. 4~9531~) (3, therefore noreport regard- ing ' environmentall health benefits and social/economlc costs is required. Thls pro-.

sed rule has no gown impact on family format~on,stabllity, and autonomy as described in R.S. 4R972. A publlc hearing wlll be held .on August 28, 2007 at 1.30 rn In the ~al;ez ~;llh!"g;CJllveT ,pollock

. Conference

.. Rwm, 602 N. Flfth ttreet, Baton 'Rouge, LA 70802. Interested persons are Invited to attend and submlt oral comments on the Pro-

. gosed amendments.

hould indlvlduals With a dlsablli need an ac- commodAbn in order to artlclpate, contact ~~8th A. Schuerman, ph D at the address ql~en"below or at (22.5) 19-3550 Parking Inthe Galver. '~arage .is free wlth a validated park- ingticket. All Interested persons are lnvlted to .submit wrltten comments on the- pro sed reouiation. &sons corn- mentin should refer- ence thys roposed reg- ulatlon 

## & AQ287P. such cdmments must be reteived no later than September 4, 2m7, at k30p;m., and should be ,writ to JudithAA schuerman Ph.D., 'Offl& Of th; Secretary, .Legal Affairs Dl~lSl~n.Box 4302 Baton Rouge LA 7082i-.i302 or to 'FAX 1225) 219-3582 or by e- mail to /udlth.s~h~erman@ia.g ov. Copies of thls Pro-:

sed regulation can e urchased by Con

## go tactkgthe DEQ Publlc Records center at '(225) 219-3168. Check or money order is re qulred in advance for each copy of 'AQ287P. Thls regulatlon Is available on the Intirnet at www deq louls(dna ov /Wrtil/tibid/1669/if&a ~hls proposed regula- tlon Is available for Inspection at the follow Ihg DEB office iocation$ from 8 a.m. Until 42.0 p m ' 602 N Fifth itreef; ato on kouge, LA 70802; 1823 Highway 546 West Monroe LA 712323 state 0ff1c6 Bulldlng, 1525 Fairfield Avenue Shreve or? LA 7iidi. 1301 ~adwali Street, iake Charles, LA 70615' 111 New Center ~ri;e, Lafayeite, LA 70508; 110 Baratarla Street. Lockport, LA 70374, 645 N. Lotus Drive, Sulte C, Mandeville, LA 70471. I 

## I, Harold Constance, Classified SalesMma~es of 

## THE TOWN TALK, published at Alexandria,

. 

### Louisiana do solenmly swearthat the Notice ofIntent (AQ287P) advertisement,as per clipping attached, was published in the regular and entire issue of said
newspaper, and not in ally supplement thereof for

# oneinsei-tion(s) coinn~eilci~lg with the issue dated July 5.2007 and ending

### with the

, 

### issue dated July 5,2007.

Subscribedand swoillto before ilie this 

# 5th day of JLI~Y, 2007

# 1 NpTlCE OF INTENT Department of Environmental Qualitv 0ffice.of the Secretary Legal Affairs Dlvlsion 

## ~j!lT21:f IAC (LAC 33:111.510 603, 605, 607, 613, a& 61% (AQ187P).

,

and deletes references which ~rovideS for con the.secretary gives no- tice that rulemaking procedures have been ~nitiated to amend the Air regulations, LAC 33:111.510, 603, 605, 607, 613, and 615 (Log #AQ287P). This rule rewals L!EQ/OSEC/LAD 

# PROOF OF PUBLICATION R~U\TION DEVELOPMENTSECTlop 

# I STATEOF LOUISIANA PARISH OF CADDO Beforeme, the undersigned authority,personallycame and appeared

Altheas Critton personallyknowntome,
Who being duly sworn, deposesand says

## that she

## is the Assistant to the 

### Classified AdvertisingManager of

## The Times, andthat the attached Advertisement entitled: NOTICE OF

## INTENT (AQ287P) As per copy of advertisement hereto annexed, 

## waspublished 

## in TheTimes

## onthe following datesto wit: 

### July 3,2007

, 

### (Signed)

Swornto and subscribed beforeme this 3d dayof July, 2007

ALTHE4C.WQl%VN, NOT. PUWC 16Sj31 BOSSIER P.RRISH, LOUISIANA MY COMMISS13N IS FOR LIFE 

### CNotv) ernissi.on sources in Caicasieu Parish to be subled to the same permittin? .rules as other par sll~sIn Louisiana thal are current iy in attainment with the National Ambient Air Quality Standard for the air pollutant i 

### - ozone. iThis PrODOSed rule meets a? excep- tion listed In H S 30:2019(0)(2? and R:S: 49:953(G)(31, therefore, no report regard- I n a envlronmental?health benefits. '.and soclal/economic costs is. required. This pro- posed rule haQ-".no. known impact on.r,amj- ly formation, .stabtilt), and autonomy as def' scribed in R.5. 49:972. emen aelow or at 1Z37 219-3550. Parking in the Galvez Gara e is free with a ~aliiated parkingticket.

. Herman Robinson,

CPM Executive Counsel The Times:.

. ..;,~ ;, July 3, 2007.

. -.

# CAPITAL CITY 

# PRESS
Publisher 

# of THE ADVOCATE PROOF 

# OF PUBUCATION The hereto attached notice 

### was

published inTHE 

### ADVOCATE, a daily newspaper of general circulation

published in Baton 

### Rouge, Louisiana. and 

### the official 

### Journal of 

### the State of Louisiana, the City 

### of Baton Rouge, and the Parish of East Baton Rouge, in the following issues:


## July 7, 2007

Sworn and subscribed before me

by 

### the Person 

### whose signature appears 

### above 

## in Baton Rouge, Louisiana, 

### on 

### Jdy 

## 7,2007



## DEO

# - QSEC Herman Robin50 CPM Exeartlvecounsa 

# RECEIVED



# JUL 

# 232007 LDEWOSEC/LAD REGUMTION DEVELOPMENTSECTION 

# REMENDER WEATHERSPOON 

## POBOX 4302 

## BATONROUGE, 

## LA 70821

### 3800 

### HOWARD

### Am, 

### NEW ORLEANS,

### LOUISIANA70140-1097 

### TELEPHONE (504)826-3206



### State ofLouisiana Parish of Orleans City of New Orleans Personally appeared before me, aNotary 

### in and for the parish ofOrleans,Robert J. Chiassonwho deposes and says that heisthe Accounts ReceivableManager, ofThe Times-PicayunePublishing Corporation,a Louisiana Corporation, Publishers ofThe Times-Picayune, Daily and Sunday,ofgeneral circulation; doing businessinthe City ofNew Orleans and the State of Louisiana, and that the attached 

### LegalNotice



## RE:Notice OFIntentRepeal ofLAC33:11..510 (LAC33: 

### III.510,603,605,607,613,and 61

## 5) (AQ287P) Advertisementof Office Of EnvironmentalQuality

Post Office Box 4302 BatonRouge, Louisiana 70821 Waspublished in The Times Picayune

3800Howard Avenue New Orleans,Louisiana 70125 Onthe following dates July 

### 5,2007

1 

### 0th Day of July, 2007y- / I



### My commissionexpires atmy death.



### CharlesA.

### Ferguson, 

### JI. Notary identificationnunlbe~ 23492

# ?$" Affidavit 

# ofPublication KtGkIVkU 

# JUL 12 2007 LDEQ/OSEC/LAD REGUMTIONDEVELOPMENTSE

NOTICEOF INTENT Department of Environmental Quollty Of. fice of the Secmtaw Leooi Affalrs Dlvlsion Repeal of LAC 33:111.510 (LAC 33:lllJ10, 603, 605, 607, 613, and
, 615) (AQZ87P)

Under the authority of the Envlronmentol Quality ~ct. R.S. 30:2001 et seq., and in occor- dance with the proviskons of the Adminlstrotive Procedure Act, R.S. 49:950 et seq.. the secre- tary gives notice that rulemaking Procedures have been initiated to amend the Air regula- tions. LAC 33: 111.510, 603, 605, 607, 613, and 615 (LW+AQ287P), 'This role re~eols and deletes references to LAC 33: 111.510, which provides for control technolosv reaulrewas Promulgated in 2001 following violation of the I-hour ozone standard In Calcasleu Parish and Prior to EPA7i deslgna. tions for the &hour ozone standard in2004 The Lake Area Indust& Alliance (LAlA) submitted o Petition for rulemaking tothe deoart. ment requesting the rePeoi of LAC 33: II1.510. The membership of LAIA conslsts of.23 ma- lor industrialfacilities located in tfie Lake Charles/Calcosipu parish area. A public notice and comment. period Was held prior to this rulemaking .seeking Comment regarding the requested repeal A Public hearing ~as'held in Lake Charles :prior to rewhine a decision on fhls action. Overwhelm- ~ng su~port.for the re- Wl WOS expressed durIn9 the COmrnent Period This 'state-only. rul; P~Ovision was never submltted to EPA for incormration into Louisiomr State lm~lementatlon Plan for air quality Based on a reviewof the relevant air quality information for Colcosieu Parish, the department has determined to proceed with the repeal of LAC 33: 111.510. The basts and rationale for nlis rule pre to allow air emlsslon sources in calcosleu Parish to be sub. iect to the same permit: tins rules 0s other par- ishesh Louisiana that Ore currently in attolnmerit with the National Ambient Air Quality Standard for the air pol- lutantozone. 

## STATE 

## OF LOUISIANA Parish of 

## Calcasieu

came and appeared

dhobeing ddly sworn,deposes and says: HeIShe 

## is aduly authorizedagent of LAKE 

## CHARLES AMERICAN 

## PRESS a newspaperpublished daily at4900 Highway 90East, Lake Charles,Louisiana, 70615. (Mail 

### address: P.O. 

### Box 2893 Lake Charles,LA 70602) The attached Notice was publishedin said newspaper 

### in its issue(s) dated:00366446 - 

### $46.00 July 9,2007

~ulj Authorized Agent Subscribedand 

### swornto beforeme on this 9th day of July, 2007 at 

### Lake Charles,LA n


# fl
‘ 

### <tdotarv 

### Public LDEQ-OSEC-LAD
00053262 LDEQ-OSEC-LAD REGULATION DNELOPMENT F3EMENDER



### _ _., W!3THERSPOONThls proposed rgle meets an exception Itstcd in R.S. %:ibi9(~)(2)and R.S. ~953(G)(3); therefore, ndreport reeardlng en- vlronrnentalmealth benefits and sociol/economlc costs Is required. T~IS proposed rule has no known Impact on family formation, stabllIty, and autonornY as described In R.S.49:972.

A aubllc hearlno wlll b;'held on ~ugust 28. 2007. at 1 :30 p.m. In the Galvez Bulldlng, Ollver Pollock Conference Room. 602 N. Fifth s;i;kt, 'ioion Rouge LA 70802. Interested ber- sons are invitedto attend and submit oral comments on the proposed amendments. Should individuals wlfh a disability need an ac- commodation in order to particlwte, contoct Judith A. Schuerman, Ph.0.. ot the oddress alven below or at (225) 219-3550. - Parkfng Inthe Galvez Garage is free with a volidated,parking ticket
..-..- .. Ail interesled-persons are invited to .subrnlt wrltten comments on the Dro~osed reoulatlnn.

rnents must be received no later than September 4. 2007. at 4:30 p.m., and should be sent to Judith A. Schuerrnan, Ph.D., Offlce of the Secretary, Legal Affairs Division, BOX 4302, Baton Rouge. LA 70821-4302 orto FAX (225) 219-3502 or by e-mail to iudlth.sahuerrnan@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 re- quired in advance for each copy of AQ287P. This regulation is available on the Internet at wwW.deq. iouisiana.gov/ ~ortaVtabidn669/de: fault.aspx.

This proposed regula- tion is avallab'le for inspection at the following DEQ office locatlons frorn.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 Bwllding. 1525 Falrfleld Avenue, Shreveport, LA 71 101; 130; Gadwail Street, Lake Charles, LA 70615; 111 New Center Drlve, Lafayetie, LA 70508; 110 Barataria Street, Lockport, LA 70374; 645 N. Lotus Drive, Sulte C, Mandeville, L4 70471. Herman Robinson, CPM Executive Counsel July 9 It 00366446Acadianals Daily Newspaper 

# THE 

# ADVERTISER

1100 Bertrand Drive LAFAYETTE, LA 70506 ncbT1 

### v I=U 

## JUL 1

## 6

## 2007

LDEWOSEC~LAD REGULATION DEVELOPMENTSEC

PHONE: (337) 289-6300 FAX: (337) 289-6466



## AFFIDAVIT OF 

## PUBLICATION

Remender D. Weatherspoon Account NO.: ~DEQRD 

### LA 

### Department of Environmental Q~lality Ad Number: 803330 

### OSEC/Legal Affairs Division

. Ad Total: $89.00 NO. of Lines: 200 

### Regulation Development Section Reference No.: 

### P. 0. 

### BOX 4302 70 Insure propercredit please refer to your account number 

### Baton Rouge, LA 70821-4302 andlor ad number when making payment Remittanceaddress: P.O. Box 3268. Lafayette. LA 70502-3268 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 the Secretary Leaal Affairs Division Repeal of LAC 33:111.510 (LAC 33:111.510, 603, 605, 607, 613, and 615) (AQ287P)

was published in 

## THE ADVERTISER on the following dates:



### Sworn to and subscribed before me this. 10th day 

### of July, 2007. /803330 NOTICE OF INTENT

Under the authority of the Environmental Quality Act, R.S. 30:2001 et stq., and In accordance wlth the provisions of the Administrative Procedure Act, R.S. 49950.et seq., the secretary glves no- tice that rulemaking procedures have been lnitlated to amend the Alr regulations, LAC 33:111.510, 603, 605, 607, 613, and 615 (Log iYAQ287P).

This rule repeals and deletes references to LAC 33:111.510, which 

## Provides for control ethnology require- ments and emisslon offsets only In Calcasleu Parish. This Section was promul- gated in 2001 fallowing violation of the 1-hour ozone standard in Calcasleu Parlsh and prlor to EPA's desig- nations for the I-hour ozone standard in 2004. The Lake Area Industry Alliance (LAIA) submltted a petition for rulemalilng to the department re uestln the repeal 

## 07 

## LAE 33:111.510. The mem- bership of LAlA con- sists of 23 maior Industrial tacillties located In the Lake Charies/Calcasieu ParIsh area. A public no- tice and comment perk od was held prior to this rulemaking seeking comment regard- ing the requested re- peal. A publlc hearing was held, In Lake Charles prlor to reaching a decision on this actlon. Overwhelming support for the repeal was expressed during the comment perlod. This "state-only' rule provision was never submltted to €PA for incorporation into Louisiana's State Imple- mentatlon Plan for air quality. Based on a re- view of the relevant alr quality informatlon for Calcasieu Parish the department has del termined to proceed wlth the repeal of LAC 33:111.510.

. The basis and ratlonale for this rule are to allow air emission sources in Calcasieu Parish to be

Air Quailty Standard for the alr poflutani ozone. This proposed rule meets an. exception llsted In R.S. 30:2019(D) 

### (z! and R.S. 49:953(G)(3), therefore, no report regard- Ina environinentalihealth benefits and soclal/economic costs Is required. Thls pro

# Rosed rule has no

nown Im act on famiIv torrnatkn. stabllltv. and autonomy as de: scribed In R.S. 49:972.

A DUbliC hearing will

--- ph.~.; ai theaddress glven below or at (225) 219-3550. Parking in the Galvez Garage is free with a vandated parkin ticket.

Ail B(n!erested per- sons are ~nvlted to submit wrltten comments . on the proposed regu- lation. Persons com- mentln should refer-

. ence th?s proposed re ulatlon by ~~2~78: Such comments must be recelved no later than September 4, 1007, at 430 p.m., and should be sent to Judlth A. Schuerman, r Ph.D.. Office ,of the Secretary, .Legal Affairs Divlslon, Box 4302 Baton Rouge LA 7082i-4302 or to >AX (225) 219-3582 or by e-

~.deq.loulsiana.gov /portal/tabld/l669/def a ult.aspx.

Thisproposed regula- tion is available for inspection at the following. DEQ offlce iocations from 8 a.m. untll 4:30 p.m.. 602 N. Fifth Street, Baton Rouge, LA 70802; 1823 Hi* way 546 West Monroe, LA 71252. state Office Bulldlng, lm5 Fairfleld Avenue Shreve ort, LA 711th. 1301 ~afwall Street iake Charles LA 70615. 111 New

## en: ter ~riie,Lafayette, LA 70508; 110 Barataria Street, Lockport. LA70374; 645 N. Lotus Drlve, Sulte C,

. Mandevllle, LA 70471.

~ .~. ~ Hermart Robinson, CPM Execut~ve Counsel

# kStlth

for Economic Development

Ms. Sounaya Ghosn PublicParticipation Gro~~p Louisiana Department of Environmental Quality P. 0.

## Box 4313 Baton Rouge, LA 70821-4313 original

## to 

# =Acopy to



## 1l1e Board of Directors of the Sou~thwestLouisiana Partnership for Econonlic Development stands in 

## favor bf resch~diilg LAC 

## 33:III Section 51 0 in the name of ecoiloinic growth and develop~llent 

## in Calcasieu Paish. CalcasieuParish

# has been in Ozone Attainment since2001 and collsequently Section 5

## 10 is not necessary. The rule applies only to Calcasieu Parish and places 1ocal.industryat a 

## great disadvantage relative to fheir competitiveness .at a national and giobal level. The plants have done a good job maintaining VOC and 

## NOx levels below standards and at levels that pose no major concerns to the community. Their voluntary initiatives to reduce emissions demonstrate their commitm'ent to beiilg good stewards of 'the environment. The economicviability of southwest ~ouisia&a is dependant on the 

## local iildustry being competitive at a national and global level. Rule 510 

## is a hindrance to that objective and brings no significant value to the 'iu~provement of the environment. Please assist us in keeping our localindustry economically viableby rescinding Section 510.

Si cerely, 

# $ /)Tt$ beorge Swift Executive Director The SouthwestLouisianaP'artllership.forEcoilomic Development

# C ER

,-

### .-.

# ,. g;.r ;;,a 

### SOUTHWEST LOUlSlANA j I,:(. *-. 

### 2s. ,# ,P .,a,



### Sue 4,2007 Ms. Souinaya Ghosn 

## original .to 

# -APr~blic Participation G~noup Lo~~isiana Department ofEnvironmental Qudity 

## copyio 

# i3c-/6/10s4 P. 0.

### Box 43 

### 13 

# y p- rt 

## .lPLXV
,F, 

# r~ +R

# +JLUQA~WLY Baton Rouge, LA 70821-43 13

The Board of Directors of the Chamber SWLA stands in 

### favor ofrescinding LAC 33:III Section5

### 10 in thename ofecollortlic growtl~ aud 

### developmentin CalcasieuParish. Calcasieu Parish

## has been 

## inOzone Attainment since2001 alcl consequently Section 510 is not necessary. The ideapplies only to Calcasieu Parish 

## :andplaces local industry at a great disadvantage relative to their competitiveness at a national md

### global level. The plants have done a goodjob 

## maintaining VOC and NOx levels below standards and at levels that pose no major concerns to the community. Their voluntary initiatives to reduce emissions demonstrate their comnitment to 

## king good stewards of 

## the environment. The economic viability of Southwest Louisiana is dependant on the local industry being conlpetitive at a national and global level. Rule 510 is a hindrance to that objective and 

### brings no significant value to the impsovemei~t of the environment. Please assist 

## us 

## in keeping our local industry econo~nically viableby rescindingSection5 10.



## diair, Cllanber SWLADAN S.

### BORNE PRESIDENT 

### June 4,,2007

.. . 

# COPY

LC 

## origina I 

### to

### .-- 

## L 0

# A Dr.Mike McDaniel,Secretary Louisiana DepartmentofEnvironmental Quality 

## P. 0.

### Box 4301 Baton Rouge, LA 70821-4301 

# pcrfP4-j

# ur ;fw sch'~et'-ma/. Dear Dr.McDaniel: TheLouisiana Chemical ~ssociation (LCA) supportsthe petition to rescind LAC 33 :

### 1 11.5 10. Tkis petition was subnlitted by the Lake A~ea 

### Industry Alliance (LAW. LCA is 

## a trade association of chemical manufacturers representing 63 

### companies at over 90 plant locations 

## in Louisiana. Some of LCAYs members also belong to 

## LAIA and wouldbe impactedby the proposed action. LCAbelieves the CalcasieuParish)areahas made significant progress 

## in reaching attainment of the Ozone Standard and that there 

## are sufficient control measures 

## in place to assure attainment without the requirements imposed by Section 5

### 10. As you are aware, Section 510 was not included in the State Implementation Plan and should no 

### longer be necessary since the Calcasieu 

### area has achieved the Ozone Ambient 

## Air Standard. Subsequent measures, consent decrees and federal rule-making, such 

## as the

, 

### Clean 

## 'kr Interstate. Rule (CAIR), 

## will provide additional protection to maintain attainment 

## in lieu of

## the requirements

## in Section 510. The recission of Section 510 will. allow for future projects to be considered in the Calcasieu area that will provide both environmentaland economicbenefits to our state and nation. Your favorable coi~sideration of the 

## LAL4 petition for recission of Section 510 would be greatly appreciated. Very 

### truly yours,

r\



### Dan S. 

### Bomt, President Louisiana Chelnical Association

/'. 

### cc:Ms. 

### SoumayaGllosn (LouisianaDEQ) Mr. La~y 

### DeRoussel (LAM) Mr. Richard Metcalf (LMOGA) 

## Mr. Henrv Gral~anl (LCA) 285

# base Polyolefins

June

### 4,2007 Lo~usiana Department I 

## original 

# -,&4 -. 

# -- cop~ 

### to

# ,w-1?~~,4112~1r~,
..._.

# ------ /Un 

# &* -p&*fk$lLLfr OEPT, OF ENViRONMENt,i,L ~UAL~T~ 

## 'Dr, LA% ~~~LLU-U~ 

### OFFICE 

### OF ENVIRONMENIALBEfVjm A%-? 

### PERMIT 

### DIV1810N 

### ~f

Environmental Quality P~iblic Participation Group 

## P.O. Box 43 

### 13 BatonRouge, 

## LA 7082 1-4313 Attention:Ms. So~unaya Ghosn RE: Comments 

### on Petition for ruIemaking to rescind 

### LAC 

### 33:11[I.510 

## After review ofthepetition to rescind 

## LAC 33:m.510 we would liketo voice our comments

## in support ofthis petition. It is clearthat section 510 ~ule 

## was implemented as an interim planproposed by the

## LDEQ to ensure that Calcasieu Parish did nottrigger ozonenonattainment status. Calcasieuparish

## has had six Ozone exceedance days overthe '1

### 998 to 2000 time kame, butitwas 

### abundantly clear fromthe meteorological datathat most of these exceedancedays were due to a transport phenomenon fromthe Houston/ 

### PortArthur areas. 

### Sincethat time Calcasieu

## Parishhas been 

## in compliance

## with therequirements of attainment forboth the EPA 

### l-hour and 

### 8-hour standads. 

### Additionallythe 

### fact that we 

### are 

### designated "in 

### attainment" under allthe standardsmake 

## this 510

## nllingunnecessary and voids the necessity for Cdcasieuto stay under the StateImplementationMamtenancePlan. The 5

### 10off setrules will hinder our economic growth as an industry because theplan currently does not include any avalable offsets.

## Thismeans thatthere can be nonew ad&tionalprojects in 

### the area 

### without closureof existingfacilities which essentiallymeans negative growth.

### Webelievethat this 

## will in 

## turncreate 

## an~mdue burden 

### onthe economy of the local community and surroundingarea. 

### It is to be notedthat the 

## air qualitymo~litoring data supports the fact that Calcasieu Pansh 

## NOX and VOC Ievels arewell 

## within the 

## air quality standards and 

### present no major concerns, so therefore i~nposizlg rules that will create severe restrictions on ecol~o~nic developmei~t 

## with no real benefit on air quality doesnot seemto be 

## inthe best interest of all ourcitizens. Thank you for the opportr~nity forpublic comment.

SiteManager BasellUSA

### hc..- 

### JUN 

## 0 2007 DEPT, OF 

### ENVIRONMENTALQUALITY 

### OFFICE

### OF ENVIRONMENMCBERVlGdl PERMIT 

### DlVlllON BioLab, lnc. A Chemtura Company P.O. Box 520 Westlake,LA 70669 337-433-3030 tel 337-433-0334 fax 

### May 31,2007 Ms. So~~nlaya Ghosn LDEQ Public Participation Group P.O.Box 4313 

### originaltr 

# /& Baton Rouge, LA 70821-43

### 13 -'-.=-------~--2, 

### Dear Ms. Ghosn, 

## copyi~

# -t$$f 

# A~~SP?

. 

# P lurrrp~&" n2. 

# &.b ~kdWCy 

### Pursuant to thepetition provisions ofLAC 33: Section

### 9, I am 

### writingto fomdlyrequest that LAC 33: 

### Section 510berescinded. The potentialeconomic impact ofthe rule is an 

### impact of considerableconcern to BioLab, Inc. ThefactthatCalcasieu Parish is designated ccattainment" andthat VOC 

### and NOx levels are down makes Section 510 unnecessary. The factthat there areno offsets available makes Section 510 impractical 

### and creates a significant potential for negative economic impact and a negative growth potential for BioLab, Inc. and other localplants, &d as result the local community of Calcasieu Parishand the surrounding area. 

### When meaningful projects present themselves at BioLab, our window of opportunityto acquire 

### fundingis very narrow, 

### as we compete for capital

### fundswith our sisterplants throughout the corporation. 

### In comparison, thetimelinefor changingrules andregulations canbe lengthy. So if a rule orregulationis unnecessary and can have negativeimpact on aproject, BioLab cannot wait until ameaningful project presents itselfto start theprocess of petitioning for change. A review ofvarious stateand federal rules and regulationshas shownthat there are sufficient otherrequirements

### inplaceto maintain emissions at levels that

### will notbe de-ental to the general environment and thetriggering ofozone. 

### In addition, subsequentto the adoption of Section 510 

### in 2001, otherrules andregulationshave generated emissionreductions to a degree that make itimpossibleto£ind offsetsto meet therequirements ofSection 

### 510. Air qualitydatafromthe LDEQ7s monitoring activities as'well as air 

### quality data taken from LAXA ambient 

### air monitoring sites have demonstratedthat emissions arebelow state standards and ozoileis 

### iu compliancewith the I-Hour Ozone Standardaswell as the 8-Hour Ozoile Standard. Favorable consideration ofthis petition to rescind Section 510 will greatly improve thepotential for economic development

### in Calcasieu Parish without having a negative impact on the quality of the environment. 

# =/':g

, ' 

### Keith Bruner Plant Manager BioLab hc.,

### A Cbemtura Compqy

### May 31,2007 W. R. Grace & Co. 7 337.583.351 1 P.O.Box 3247 F 337.583.8792 Lake Charles, LA 70602-3247 E davld.rentrop@grace.com w grace.com



### Ms. Soumaya Ghosn LDEQ Public Participation.Group P.O. Box4313 Baton Rouge, LA 78021 -431

### 3 Re: Section 510 Dear Ms. Ghosn: GRACE Davison is one of the twenty-three member companies of the LakeArea Industry Alliance (LAIA). As you'know, MIAhas petitioned LDEQ to rescind Section 510 of the Ozone Maintenance Plan. We are not asking to rescindthe entire plan, only Section 510 

### that has to do with emission offsets for major

. . 

### projects, The GRACE Davison, Lake Charles site competes within the company for capital investment dollars. Currently, there are three potential projectsfor the Lake Charles site. I believe that we can continue to be excellent stewards of our natural resources and allowfor economic expansion, but 

### 1 think rescinding Section 510 will help. Most products have 

### a life cycle. It is important that we 'have opportunities to build new plant processesto expand and to replace

. 

### processes that have come to the end of the life cycle. Our environmental performance continues to be excellent. We will continueto seek methods to im'proveon our performance. Rescinding Section 510 

### will not put this area injeopardy of losing ground on our environmental progress. Please give this careful consideration and s~~pport rescinding Section 510.

David Rer~trop Operations Director

### Page 

## Soumaya Ghosn
From: 

### charlieatherton@suddenlink.net Sent: 

### Tuesday, May 29,2007 156

### AM To: 

### Soumaya Ghosn 

# Ter~oooooo -SF-& C*3C\:w N a 

### Kimberly Gallo CI) Cc: 4 Subject: 

### Comments on DEQ's petition for rulemaking to rescind 

### LAC33:lll 510 

# 3116 14-h 2z 

## cz j;l" 

# w!,,arw .-c r"7 Attachments: 

### LAIA DEQ 52207 Public Hearing Clarification.doc N f>I 

## ,AIA DEQ 

## 52207 Public Hearing Follow-up Comments E 

### C::

A 

### Ti UT 

### 65' 

## hese additional follow-upcomments are only intended as clarificationrelative to our @questtha iection 510

## not be rescinded but rather exceptions be given on a case

## by case basis aspermits for :conomicdevelopment arereceived. We believe Section 5 

## 10to be working. Ye askthat Section 5

## 10be modified (rule changes or additions)to allow a 

## company,that has red1 missions and implemented the latesttechnologythroughoutthe facility to the point there areno I 

## ~eaningfbl emissionsreductions to be made, to be able to be pemitted to expand or improvethei lrocesses.
in 

## example,in our opinion, is if ConocoPhillips has, in fact,reduced emissionsto thepoint there LO

## morereductions to be had, and ConocoPhillips wants to implementthe new clean diesel fuels lrocess 

## in their facility, that

## DEQ modify section 5

## 10to allow such a companyto be permitted fo: heir clean diesel fuelsproject. fa trading.bankneeds to be established, then establish a tradingbank. Donot rescind Section 5

## 1 ust because a

## trading bank wasnever established. Ye see Section 5

## 10as an effective

## DEQ tool to reduce emission, but sincenot all industries locat, :alcasieu parish are apart ofLAIA and not all LAIA industries have reduced their emissions to 

# tl: naximmreductionpossible under Section 5

## 10, we 

## ask that Section 

## 5

## 10remain in force. 'lease do not rely solely on otherregulations to take the place of Section 

## 510. 

## 'hank you for youtime and consideration. ZharlieAtherton .22Vine St. iulphur,La. '0663

## LAIA DEQ 52207Public Hearing Follow-up comments These additional follow-up comments are only intended as clarification relative to our request that Section 5 

## 10not be rescinded but rather exceptionsbe given on a case by casebasis as permits for economic developmentare received. We believe Section 5

## 10 to be working. We aslc that Section 5

## 1 0 be modified (rule changes or additions) to allow a company,that has reduced emissions and implementedthe latest technology throughoutthe facilitytothe point there are no more meaningful emissions reductions to be made, tobe ableto be permitted to expand orimprove their processes. 

## An example, in our opinion, is if ConocoPhillipshas, 

## in fact, reduced emissions to thepoint there are no more reductionsto be had, and ConocoPhillipswants to implementthe new clean diesel fuelsprocess 

## in their facility, that 

## DEQ modify section 

## 510to allow such 

## a companyto be . 

## permitted for their clean diesel fuels project. If a trading bank needs tobe established, then establish a trading bank. Do not rescind Section 

## 5 10 just because a trading bank was never established. We see Section 5

## 10as 

## an effective

## DEQ tool to reduce emission, but since not 

## all industries located 

## in Calcasieuparish ase a 

## part of

## LAIA qd not 

## all 

## LAIA industries have reduced their emissionsto the 

## maxim& reduction possible under Section 5

## 10,we ask that Section 

## 5 10remain 

## in force. Please do not rely solely on other regulations to take theplace of Sectioii 510. Tl1adcyou for your time and consideration. Charlie.Atherton 122Vine St. Sulphur, La. 70663vised Statutes, there is hereby t Statement on the Rule proposed

ent able to perform the function as en comments until

FISCAL AND ECONOMI IMPACT STATEMENT FOR ADMINIS TIVE RULES RULE TITLE: Bulletin 

### 7 6 Louisiana Standards for State Certification of Sch 

### 01 

### P sonnel-VTIE, CTTIE, and CTTIE-1 Certi 

# A

cates enewal Gliidelines


### I. ESTIMATED 

### IMP STATEOR

### LOCAL

H. Gordon Monk NOTICE OF INTENT Department of Environmental Quality Office of the Secretary Legal Affairs Division Calcasieu Parish Control ofEmissions (LAC 33:111.510, 603, 605, 607,613, and 615)(AQ287P) 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.510, 603, 605,607,613, and 615 (Log#AQ287P).

This rule repeals and deletes references to LAC 33:111.510, which provides for control technology requirements and emission offsets only in Calcasieu Parish. This Section was promulgated in 2001 following violation of the 1-hour ozone standard in Calcasieu Parish and prior to EPA's designations for the 8-hour ozone standard in 2004. The Lake Area Industry Alliance (LAIA) submitted a petition for rulemaking to the department requesting the repeal of LAC 33:111.510. The membership of LAIA consists of 23 major industrial facilities located in the Lake Charles/Calcasieu Parish area. A public notice and comment period was held prior to this rulemaking seeking comment regarding the requested repeal. A public hearing was held in Lake Charles prior to reaching a decision on this action. Overwhelming support for the repeal was expressed during the comment period. This "state-only" rule provision was never submitted to EPA for incorporation into Louisiana's State Implementation Plan for air quality. Based on a review of the relevant air quality information for Calcasieu Parish, the department has determined to proceed with the repeal of LAC 33:III.510. The basis and rationale for this rule are to allow air emission sources in Calcasieu Parish to be subject to the same permitting rules as other parishes in Louisiana that are currently in attainment 

### with the National Ambient Air Quality Standard for the airpollutant ozone.

This proposed rule meets an exception listed in R.S. 30:2019(D)(2) and R.S. 49:953(G)(3); therefore, no report regarding environmentalhealthbenefits and sociaVeconomic costs is required. This proposed rule has no known impact on family formation, stability, and autonomy as described in

cordance with R.S.

Louisiana Register Vol. 33, No. 07 July20,2007Chapter 6. Regulations on Control of Emissions through the Use ofEmission Reduction Credits Banking 8603. Applicability

A. Major stationary sources are subject to the provisions of this Chapter for the purpose of utilizing emission reductions as offsets in accordance with LAC 33:111.504. Minor stationary sources located in ozone nonattainment areas may submit ERC applications for purposes ofbanking. Sources located in EPA-designated ozone attainment areas may not participate in the emissions banking program. Any stationary point source at an affected facility is eligible to participate.

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 20:874 (August 1994). amended LR 24:2239 (December 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 25: 1622 (September 1999), LR 28:301 (February 2002), amended by the Office of the Secretary, Legal Affairs Division, LR 33: $605. Definitions

A.


### ... 

## * * *

Offset-a legally enforceable reduction, approved by the department, in the rate of actual emissions from 

### an existing stationary point source, which is used to compensate for a significant net increase in emissions of NO, or VOC from a new or modified stationary source in accordance with the requirements of LAC 33:111.504. To be valid, an offset must meet the definition ofERC. 

## * *'*

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

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Ofice of Air Quality and Radiation Protection, Air Quality Division, LR 20:874 (August 1994), LR 25:1622 (September 1999), LR 26:2448 (November 2000), LR 28:301 (February 2002), amended by the Office of the Secretary, Legal Affairs Division, LR 33: 8607. Determination of Creditable Emission Reductions A. -C.4.a.ii.



### ... b. Reserved. C.5. -DI



### ... 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 20:877 (August 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 25: 1622 (September I 999), LR 28:302 (February 2002), amended by the Office of the Secretary, Legal Affairs Division, LR 32: 160 1 (September 2006), LR 33: $613. ERC Bank Recordkeeping and Reporting Requirements A. - B.2.



### ...

3. Repealed. C.


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

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 20:877 (August 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 25:1622 (September 1999), LR 26:486 (March 2000), LR 26:2449 (November 2000), LR 28:303 (February 2002), amended by the Office of the Secretary, Legal Affairs Division, LR 3 1:2437 (October 2005), LR 33: 8615. Schedule for Submitting Applications

A.-B.


### ... C. Applications for banking emission reductions that are to be made as part of a project that includes an increase in emissions for which the reduction will serve to offset the increase may be submitted as part of the permit application for the proposed increase. Such reductions will be reviewed for applicability as ERCs concurrently with the review ofthe permit application.

D. The applicant shall speciate VOC according to individual compounds when applying to bank VOC reductions. Speciation of toxic air pollutants regulated in LAC 33:III.Chapter 51 isrequired.

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 20:878 (August 1994), amended LR 21:681 (July 1995), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 25:1623 (September 1999), LR 26:486 (March 2000), LR 28:304 (February 2002), amended by the Office of the Secretary, Legal Affairs Division, LR 33:

A public hearing will be held on August 28, 2007, at 1:30 p.m. in the Galvez Building, Oliver Pollock Conference Room, 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. Parking in the Galvez Garage is free with a validated parking ticket.

All interested persons are invited to submit written comments on the proposed regulation. Persons commenting should reference this proposed regulation by AQ287P. Such comments must be received no later than September4,2007, at 4:30 p.m., and should be sent to Judith A. Schuerman, Ph.D., Office of the Secretary, Legal Affairs Division, Box 4302, Baton Rouge, LA 70821-4302 or to fax (225) 219- 3582 or by e-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 AQ287P. This regulation is available on the Internet at 

### www.deq.louisiana.gov/porta~tabid~l669/default.aspx.

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

Louisiana Register Vol. 33, No. 07 July 20, 2007Street, Lake Charles, LA 70615; 111 New Center Drive, Lafayette, LA 70508; 110 Barataria Street, Lockport, LA 70374; 645 N. Lotus Drive, Suite C, Mandeville,LA 70471. Herman Robinson, CPM Executive Counsel 

### FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES RULE TITLE: Calcasieu Parish Control of Emissions
I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATEORLOCALGOVERNMENTUNITS (Stunmay) There are no estimated implementation costs (savings) to state or local governmental units as a result of the proposed rule. This proposed rule repeals LAC 33:III.510, which provides for control technology requirements and emission offsets only in Calcasieu Parish. The original basis for imposing those requirementshas been removed. 

### II. ESTIMATEDEFFECTONREVENUECOLLECTIONSOF STATE OR LOCALGOERNhENTALUNITS (Summny) There is no estimated effect on revenue collections of state or local governmentalunits resultingfrom the proposed rule. III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECnY AFFE- PERSONS OR NONGOVERNhEWAL GROUPS(Summary) The repeal of LAC 33:III.SIO may enhancethe potential for economic growth and development in Calcasieu Parish. Future new ~roiects at industrial facilities in southwestern Louisiana
12 will no longer be hindered by the need for emission offsets. The economicbenefits are unquantifiableat this time. 

## rv.ESTIMATEDEFFECT ON COMPE?mON ANDEMPLOYMENT (S-1 There is no estimated effect on competition or employment as a result ofthe proposed rule. Herman Robinson, CPM RobertE. Hosse Executive Counsel StaffDirector 0707#018 Legislative Fiscal 0 ice 

# F \ NOTICE OF INTENT 

# / Department of Environmental Qua ' 

### of the Secretary Legal Affairs vision 

# f

ce with the provisions of the Administrative

Louisiana Register Vol. 33, No. 07 July20,2007 6 135, and 6507;

and

608, 704, 710, 719, 73 1103, 1104, 1303, 130

This Rule will to various DEQ office designations,

required. This proposed Rule has no known ly formation, stability, and autonomy as desc

# Departmental Designation LAC 33.111. 111,211,501,504,505,506,507,613, 918, 919,1105,1107,1410,1434,1507,2103, 2108, 21 13,2116,2121,2122,2123,2132, 2153,2159,2201,2301,2303,2307, 25 11,2521,2531)andlor different

f applicable, LAC 33:IX.4769.B.6.

ific to the facility meet
justified by the significant adverse

:IX.4773.C.2.c.iii.

: Promulgated in accord

Ofice of the Secretary,
Herman Robinson, CPM Executive Counsel 

# \ RULE DepartmentofEnvironmental Quality Off~ce ofthe Secretary Legal Affairs Division Departmental Designations (LAC 333,111, V, VI, VII, IX, 

### XI, and XV) (MM002) 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 has amended the Environmental Quality regulations, LAC 33:I, 111, V, VI, VII, IX, XI, and XV (Log #MM002). The Sections amended in this Rule are as follows:

LAC 33:III.lll, 211, 501, 504, 505, 506, 507, 613, 918, 919, 1105, 1107, 1410, 1434, 1507,2103,2108,2113,2116, 2121, 2122, 2123, 2132, 2153, 2159, 2201, 2301, 2303, 2307, 2511, 2521, 2531, 2701, 2719, 2723, 2735, 2799, 2805, 2807, 2809, 2811, 3003, 5107, 5111, 5113, 5116, 5122,5151,5307,5311, andm, C 33:V.105, 106, 109, 303, 309, 537, 65, 590, 708, 1105, 1107, 1109, 1111, 1113, 1125, 127, 1199, 1504, 1505, 1513, 1531, 1 15, 1737, 1739, 1745, 1747, 1905,



# k

19 

### , 1913, 2227, 2237, 2239,



### , 4512, 4522, 4534, 4703, and 5309;

LAC 33:VI.103, 117,
501, 508, 509, 513,

3:XV.102, 204, 205, 209, 211, 212, 213, 3

Louisiana Register Vol. 33, No. 10 October20, 2007including additional changes to office and division references that were inadvertently not included in the original proposed rule. This Rule will change references to various DEQ divisions in the regulations to references to the statutory office designations, update some office designations to reflect the current organizational structure of the department, and make miscellaneous format and typographical corrections in the related text. Each division will internally prepare documentation identifying the various reports and other submittals the division may require. This information will be available through the department's website. The names and organizational placement of divisions are sometimes changed during reorganizations within the department, which initiates a need to update the division names in the department's regulations. Changingthe departmental regulations through formal rulemaking each time there is a division name change or a change in the organizational placement of a division is an inefficient use of resources. The basis and rationale for this Rule are to decrease the effect that departmental reorganizations have on the regulations.

This Rule meets an exception listed in R.S. 30:2019(D)(2) and R.S. 49:953(G)(3); therefore, no report regarding environmentalhealth benefits and sociaVeconomic costs is required. ENVIRONMENTAL QUALITY Part 

### I. Office 

### ofthe Secretary

t of Environmental

be available to
confidentiality.

B. -B.6.



### ... 30:2030.

etition shall be addressed to the Office of the Secretary, Legal Affairs Divisi r 2005), LR 33:2078 (October 2007).

ry rulings officer shall all matters concerning a

to the list. The list shal

date the secretary decide a declaratory ruling will be issued, the date the sets for issuance of the

in accordance with R.S. 30:2050.10.

HISTORICAL NOTE: the Department of Environmental Quality, (September 1997), amen Assessment, Environme

ords. The clerk sha other records of the

Louisiana Register Vo1. 33, No. 10 October20, 2007 

# m?DISPOSITION 

### REP report may include date of the emergency incident, name and a company transporting the

Quality, Office of the Secreta 96), amended by the Office of



### , Environmental Planning Division, 2000), amended by the Office of the Se vision, LR 31:2435 (October 2005), (October2007). 

### Part 111. 

### Air Chapter 1. General Provisions $111. Definitions

A. When used in these rules and regulations, the following words and phrases shall have the meanings ascribed to them below. 

## * * * SPOC-the Office of Environmental Compliance, Emergency and Radiological Services Division, Single Point ofContact (SPOC). 

## ***

AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:348 (June 1988),LR 15:1061(December 1989),amendedby the Office of Air Quality and Radiation Protection, Air Quality Division, LR 17:777 (August 1991), LR 21:1081 (October 1995), LR 22:1212 (December 1996), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2444 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 322308 (May 2006), LR 32:1599 (September2006),LR 33:2082 (October2007). 

### Chapter2. Rules and Regulations forthe Fee System of the Air Quality Control Programs $211. Methodology

A. 

### - B.9.


### ... 10. When a permanent shutdown occurs and a company properly notifies the Office of Environmental Services by official change in the Emission Inventory Questionnaire (EIQ) and permit, then the maintenance fee would be dropped for that shutdown portion of the processlplant. This fee reduction or cancellation shall apply only in the fiscal years in which the shutdown portion of the plant or process did not operate at all. The EIQ and permit shall also need to be changed to delete the emissions from the shutdown
Louisiana Register Vol. 33, No. 10 October 20, 2007 portion of the plant or process before the start of the fiscal year inwhich the fee would have been charged. 11.-15.b.


### ... AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:611 (September 1988), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 17:1205 (December 1991),LR 18:706 (July 1992),LR 19: 1419 (November 1993),amended by the Office of Management and Finance, Fiscal Services Division, LR 22:17 (January 1996), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:264 (February 2000), LR 26:2444 (November 2000), LR 29:2776 (December2003), amended by the Offlce of the Secretary, Legal Affairs Division, LR 31:2435 (October 2005), LR 33:2082 (October2007). 

### Chapter 5. Permit Procedures $501. Scope and Applicability

A. 

### - B.7.


### ... C. Scope 1. For each source to which this Chapter applies, the owner or operator shall submit a timely and complete permit application to the Office of Environmental Services as required in accordance with the procedures delineated herein. Permit applications shall be submitted prior to construction, reconstruction, or modification unless otherwise provided 

### in this Chapter. 

### 2. - 13.


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

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division,LR 13:741(December 1987),amendedby the Office of Air Quality and Radiation Protection, Air Quality Division, LR 16:613 (July 1990), LR 17:478 (May 1991), LR 19:1420 (November 1993), LR 20:1281 (November 1994), LR 20:1375 (December 1994), LR 23: 1677 (December 1997), amended by the Office of the Secretary, LR 25:660 (April 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2445 (November 2000), LR 28:997 (May 2002), amended by the Office of Environmental Assessment, LR 3 1:1063 (May 2005), amended by the Office of the Secretary, Legal Affairs Division, LR 3 1:2436 (October 2005), LR 32:1842 (October2006),LR 33:2082 (October2007). 

### $504. Nonattainment New Source Review Procedures

A. 

### - B.5.


### ... C. Source Information. The owner or operator of a proposed major stationary source or major modification shall submit all information necessary to the Office of Environmental Services in order to perform any analysis or make any determination required under this regulation. Information shall include, but isnot limited to:

C.l.-F.6.

...

7. The owner or operator desiring to utilize emission reductions as an offset shall submit to the Office of Environmental Services the following information:

C.7.a. - M.3.


### ... AUTHORITYNOTE: 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 

# 29%(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), amended by the Office of Environmental Assessment, LR 30:2801 (December 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2436 (October 2005), LR 31:3123, 3155 (December 2005), LR 32:1599 (September 2006), LR 33:2082 (October 2007). $505. Acid Rain Program Permitting Requirements



### A.



### ... B. Copies of documents incorporated by reference in this Section may be obtained from the Superintendent of Documents, U.S. Governrnent Printing Office, Washington, D.C. 20242 or their website, www.gpoaccess.gov/cfriindex.html;from the Department of Environmental Quality, Office ofEnvironmental Services;or from a public library.

C. Modifications or Exceptions. A copy of each report or notice or of any other documentation required by the referenced regulations (i.e., 40 CFR Part 72) to be provided to "the Administrator" shall be provided to the Office of Environmental Services by the person required to make the submission to "the Administrator."

AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741(December 1987),amendedby the Office of Air Quality and Radiation Protection, Air Quality Division, LR 19:1420 (November 1993), LR 21:678 (July 1995), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2446 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2429, 2436 (October 2005), LR 32:1598 (September 2006), LR 33:2083 (October 2007). $506, Clean Air Interstate Rule Requirements



### A. 

### - C.



### ... D. Copies of documents incorporated by reference in this Section may be obtained from the Superintendent of Documents, U.S. Governrnent Printing Office, Washington, D.C. 20242 or their website, 

### www.gpoaccess.gov/cfriindex.html;from the Department of Environmental Quality, Office ofEnvironmental Services; or from a public library.

E. Modifications or Exceptions. A copy of each report or notice or of any other documentation required by the referenced regulations (i.e., 40 CFR Part 96) to be provided to "the Administrator" shall be provided to the Office of Environmental Services by the person required to make the submission to "the Administrator."

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

HISTORICAL NOTE: Promulgated by the Department of Environmental Quallty, Office of the Secretary, Legal Affairs Division, LR 32:1597 (September 2006), amended LR 33:1622 (August 2007), LR 33:2083 (October 2007). $507. Part 70 Operating Permits Program



### A. - 

### C.2.



### ...

3. Newly Regulated Sources. The owner or operator of any source that becomes subject to the requirements of this Section after the effective date of the Louisiana Part 70 program due to regulations promulgated by the administrator or by the Department of Environmental Quality shall submit an application to the Office of Environmental Services in accordance with the requirements established by the 

## iw9 applicable regulation. In no case shall the required applicationbe submitted later than one year from the date on which the source first becomes subject to this Section.

D. -

### H.3.



### ...

4. a requirement for progress reports to be submitted to the Office of Environmental Compliance at least semiannually,or at a more frequent period if specified in the applicable requirement. Such progress reports shall contain the following: 4.a. 

## - 5.c.v.



### ...

d. a requirement that all compliance certifications be submitted to the administrator as well as to the Officeof Environmental Compliance; and

H.5.e. 

### - J.5.



### ... AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2011,2023,2024, and 2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987),amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 19:1420 (November 1993), LR 20:1375 (December 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2447 (November 2000), LR 27:2229 (December 2001), LR 28:994 (May 2002), LR 29:698 (May 2003), LR 30:1008 (May 2004), amended by the Ofice of Environmental Assessment, LR 31:1061 (May 2005), LR 3 1:1568 (July 2005), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2437 (October 2005), LR 32308 (May 2006), LR 33:1619 (August 2007),LR 33:2083 (October 2007). Chapter 6. Regulations on Control ofEmissions through the Use ofEmission Reduction Credits Banking $613. ERC Bank Recordkeeping and Reporting Requirements 

### A. 

### - B.1.



### ...

2. An annual report summarizing all records required by Subsection A of this Section shall be submitted to the department by March 31 of each year. This submittal shall be certified as specified in Subsection C of this Section and submitted to the Office of Environmental Services in a format specified by the department.

B.3.

## - C.

... AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 20:877 (August 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 25:1622 (September 1999), LR 26:486 (March 2000), LR 26:2449 (November 2000), LR 28:303 (February 2002), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2437 (October 2005), LR 33:2083 (October 2007). Chapter 9. General Regulations on Control of Emissions and Emission Standards $918. Recordkeeping and Annual Reporting



### A. Data for emissions reports shall be collected annually. These reports are to be submitted to the Office of Environmental Assessment by March 31 of each year (for the period January 1 to December 31 of the previous year) unless otherwise directed by the department. The report shall include all data applicable to the emissions source or sources as required under LAC 33:III.919.

AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054. LouisianaRegister Vol. 33, No. 10 October 20,2007

### STATE OF LOUISIANA DEPARTMENT 

### OF ENVIRONMENTAL QUALITY



### IN RE: 

### DEPARTMENTAL 

### DESIGNATIONS LOG 

### #: MM002 PUBLIC HEARING



### The 'public Hea'ring held by the Department of Environmental Quality, Regulation Development Section, at the Galvez Building, Oliver Pollock Conference Room, 602 

### N. Fifth Street, Baton Rouge, Louisiana, beginning at 1:42 

### p.m., on August 28, 2007.



### BEFORE: Lori 'B. Overland Certified Court- Reporter In and For the State 

## of Louisiana



# RECEIVED 

# ASSOCIATED REPORTERS,INC. SF? 0 

## 6

# 2U07

### DEPARTMENT 

## OF ENVIRONMENTAL QUALITY
APPEARANCES

F O R T H E LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY: 

### SANDY STEPHENS Hearing Officer Department of Environmental Quality Legal Affairs D i v i s i o n , 8 t h F l o o r Regulation Development 

## 602 N. 

### Fifth Street Baton Rouge, Louisiana 70802

ASSOCIATED 

### REPORTERS, INC. 307

### DEPARTMENT OFENVIRONMENTAL QUALITY INDEX



### EXAMINATION: None

EXHIBITS: None

REPORTER'S PAGE REPORTER'S CERTIFICATE 

## PAGE (S):



### ASSOCIATED REPORTERS, 

## INC.
308

### DEPARTMENTOF ENVIRONMENTAL. QUALITY 

## 1 

# *****
MS.. STEPHENS : 

### Good afternoon! My name 

### is .Sandy Stephens and I'm 

### employed by the Louisiana Department of Environmental Quality. 1'11 

### be s,erving as hearing officer this afternoon to receive comments .regarding.proposed amendments to the environmental quality regulations. The comment period for these amendments began on July 20, 2007, when the potpourri notice and the notices of intent

were pub'lished in the Louisiana Register.

. . 

### The comment periods 

### will close at 4:30 p.m., September 4, 

### 2007. It 

### would be helpful to


### us if all oral comments received today were followed up in writing. This public hearing pr0vide.s a forum

. 

### for all interested parties to present comments on the proposed changes. This hearing 

### is not being conducted in a question and answer format. Please remember that the purpose of this public hearing 

### is to allow you, the public, an opportunity to express your thoughts concerning today's proposed



### ASSOCIATED REPORTERS, INC. 309

## DEPARTMENT OF ENVIRONMENTALQUALITY amendments. 1/11

### 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 last item on the agenda is designated by the Log Number MM002. This rule will 

### change various DEQ 

### division references in the regulations to reference statutory offices, update some office designations to reflect the current organizational structure of the department, and make miscellaneous format and typographical corrections in the related text. The names and organizational p.lacement of divisions are sometimes changed during reorgan,izations within.the department. This ' 

### change occasionally initiates a need to update division references in the 21 department's regulations. Changing the 22 departmental regulations through formal 23 rulemaking each time there is 

### a division 24 name change or a change in the 25 organizational placement of a division is 

### an



## ASSOCIATED REPORTERS,INC. 310

## DEPARTMENTOF 

## ENVIRONMENTAL QUALITY 1 

### inefficient'use of resources. 

## 2 Each 

## DEQ division will internally 3 

### prepare documentation identifying the 

## 4 various reports and other submittals the 

## 5 division may require. This information will 6 

### be available through the department's 7 website. 8 

### Does anyone care to comment on this 

## 9 regulation? 10 

## If not, the hearing on MM002 

### is closed. Thank you for your attention and 13 

### participation. 14 

### This hearing is closed. 15 THE HEARING CONCLUDED 

### AT 1 : 

### 44 

### P .M. 

### 16 

# *+***

ASSOCIATED REPORTERS,INC. 311

## DEPARTMENTOF ENVIRONMENTAL QUALITY REPORTER'S PAGE 

### I, 

### Lori B.. 

### Overland, Certified Court Reporter, in and for the State of Louisiana, the officer, as defined in Rule 

### 28 of the Federal '~ules of Civil Procedure and/or Article 1434(b) of the Louisiana code of Civil Procedure, before whom this sworn testimony was taken, do hereby
state on the Record That due to the interaction in the spontaneous discourse of this proceeding, dashes 

## (-1 have been used to indicate pauses, changes in thought, and/or talk overs; that 

### same is.the proper method for a Court Reporters's transcription of proce.eding, and that the dashes (--) 

### do not indicated that words or phrases have been left out of this transcript; That any words and/or names which could not be verified through re'ference material h.ave been I 

### denoted with the phrase



## ------

ASSOCIATED REPORTERS, INC. 31

### 2

### DEPARTMENT OF ENVIRONMENTAL QUALITY CERTIFICATION I, 

### the undersigned reporter, do hereby certify that the above and foregoing 

### is a true and correct transcription of the stenomask tape of the proceedings had herein, taken down by me and transcribed under my supervision, to the best of my ability and understanding, at the time and place hereinbefore noted, in the above entitled cause. I 

### further certify that the witness was duly

sworn by me in my capacity as a Certified Court Reporter pursuant to the provisions of 

### R.S. 37:2551 

### et seq. in and for the state of Louisiana; that I 

### am not of counsel nor related
to any of the counsel of any of the parties, nor in the employ of any of the parties, and that I 

### have no interest in the outcome of this action. I 

### further c e r t i f y t h a t my license is in good standing as a court reporter in and for the
state of Louisiana.

Lori Overland, C.C.

### R.



### ASSOCIATED REPORTERS,INC. 31

### 3~efihtment of Enviromental Quality August 28, 2007 In Re: Departmental Designation Log # MMOO;



### 1(Pages 

### 1 to, 

### 31 

### 4 1 1 2 3 ATE OF LOUISIANA 4 DEPARTMENTOF ENVIRONMENTALQUALITY 5 6 IN RE: 7 DEPARTMENTALDESIGNATIONS 8 LOG #: MMOO2 9 PUBLIC HEARING 10 11 12 The Public Heanng held by the Depament of EnvironrnenBlQuality, Regulation Development 13 Secbon, atthe Galvez Building, OliverPollock Conference Room, 602 N. FHUI S- Baton 14 Rouge, Louisiana, beginningat 1:42 p.m., on August 28,2007. 15 16 17 18 19 BEFORE: Lori B. Overland 20 Certified Court Reporter Inand Forthe SBte of Louisiana 21 22 23 24 25
2



### 1 APPEARANCES 

### 2 FOR ME LOUISIANA DEPARTMENTOF ENVIRONMML 3 QUAm 4 SANDY SlEPHENS HearingOfficer 

### 5 Deparbnentof Environmental Quality 

### 6 Legal AfFairs Division, 8th Floor Regulation Development 

### 602 N. Fifth Street Baton Rouge, Louisiana 

### 70802 3 

### 1 INDEX 

### 2 EXAMINATION: PAGE(S) : 

### 3 

### I None 

### 4 5 MHIBTTS: 

### 6 None 

### 7 REPORTER'S PAGE 

### 7 8 REPORTER'S 

### CERTIFICATE 8 

### 9 10 

## ***** 11 12 13 14 15 16 17 18 19 20 

### 21 22 23 

### 24 25

4



### 1 

# ***** 2 MS. mPHENS: Good afternoon! My name is Sandy 4 Stephens and I'm employed by the Louisiana 5 Departmentof Environmental Quality. I'll 6 be serving as hearing officer this afternoon 7 to receive comments regarding proposed 8 amendments tothe environmental quality The comment period for these amendments began on July 20,2007, when the 

## ***** potpourri notice and the notices of intent were published inthe Louisiana Register. The comment periods will dose at4:30 p.m., September 

### 4, 2007. Itwould be helpful to us if 

### all oral comments received today were followed up in writing. This public hearing provides a forum for all interested partiesto present comments on the proposed changes. This hearing is not being conducted in a question and answer format. Please rememberthat the

### ~ebartment 

### of Envirornental Quality August 

### 28, 2007 

### In Re: Departmental Designation Log # MMOO;
Dana ' 

### A abiIity 8:7 above 8:3,8 action 8: 

### 17 Affairs2:6 affiation 5:4 afternoon4:3,6 agenda 5:6 allow4:23 amendments4:8,11 5:1 andlor 7:5,12,17 answer4:22 anyone 6:8 Article7:s attention 6:12 August 1:

### 14 available 6:6 

### B B 1:19 7:2 Baton 1:13 2:7 before 1:19 7:6 began 4: 1 1 begin 

### 5:3 beginning 1:

### 14 being4:2 1 best 8:7 BuiIding 1:13 C C 2:l 8:1,1 capacity 8: 1 1 care 6:8 cause 8:9 CERTIFICATE3: 

### 8 

### Certified 1.20 7:2 8: 11 certify 8:3,10,18 change 5:8,19,24,24 changed5:

### 17 changes4:20 7:11 Changing 5:2 1 Civil7:5,6 close4: 14 closed 6:11,14 code 7:6 come 5:3 comment4:10,14 6:8 commenting5:2 commeots4:7,16,20 concerning4:25 CONCLUDED6: 15 conducted4.2 

### 1 Conference 1:

### 13 correct 8:4 corrections 

### 5:14 counsel 8: 14,15 court 1:20 7:2,13 8:11

8:19 current 5:11 C.C.R 7:2 18:22 D 

### D 3:l dashes7:10,14 defined7:4 denoted 7:19 department 1:4,12 2:2

2:5 4:5 5:12,18 departmental 1:7 5:22 department's 5:21 6:6 DEQ 5:8 6:2 designated 5:7 designations 1:7 5: 1 1 Development 1:122:6 discourse7: 10 division2:6 5:9,20,23

5:25 6:2,5 divisions5:17 documentation 6:3 down 8:5 

### due7:9 duly 8:10 during 5: 17 E E2:l31 7:ll81 each 5:2,23 6:2 employ 8:16 employed4:4 entitled 8:9 environmental 1:4,12

2:2,5 4:5,8 et 8: 13 EmAT1oN :2 

### 3:5 express4:24 

### F F8:l Federal7:4 Fifth 1:13 2:7 Floor 2:6 followed 4:17 foregoing 

### 8:3 formal 5:22 

### format 4:22 

### 5:13 forum4: 18 5:3 further 8:10,18 G G7:l Galvez 1:

### 13 good4:3 8:18 

### H hearing 1:9,12 2:4 4:6

4:18,21,23 6: 10,14 6:15 held 1:

### 12 helpful4: 15 her 5:4 hereinbefore 8:8 

### I identifying 6:3 inaudible7: 19 indicate7:11 indicated 7:15 ineff~cient 6: 1 information 6:5 initiates 5:19 intent 4: 12 interaction 7:9 interest 8:17 interested 4: 19 internally 6:2 item 5:6 

### J July4: 11 L last 5:6 left7:16 Legal 2:6 license8: 18 Log 1:8 5:7 Lori 1:19 7:2,21 822 Louisiana 1:3,14,21

2:2,7 4:4,13 7:3,6 8:14,20 

### M make 5:13 material 7: 1 8 may 6:5 method 7: 13 miscellaneous 5: 13 

### MM002 1:8 5:7 6:10 N N 1:13 2:1,7 311 8:l name4:3 5:4,24 names 5:16 7:17 need 5:19 None 3:3,6 noted 8:8 notice4: 12 notices 4:12 Number 5:7 

### 0 07:l 8:l occasionally5: 19 office 5.11 officer2:4 4:6 7:4 offices5:10 

### Oliver 1:13 opportunity4:24 oral4: 16 organizational 5: 

### 12,16

5:25 other 6:4 out 7:16 outcome 8: 17 Overland 1:19 7:2,21

8:22 overs 7: 12P P2:1,1 7:lY1 PAGE 3:7 PAGE(S) 3:2 participation 

### 6: 13 parties4:19 8:15,16 pauses 7.1 1 period 4: 10 periods4: 14 person 5:2 phrase 7: 19 phrases 7:15 place 8:8 placement 5: 

### 16,25 Please4:22 Pollock 1:

### 13 potpourri4:12 prepare 6:3 present 4: 19 Procedure 7:5,6 proceeding7:10,14 proceedings 8:5 proper 7: 13 proposed4:7,20,25 provides4:18 provisions 8: 12 public 1:9,12 4:18,23

4:24 published4.13 purpose4:23 pursuant 8:12 p.m 1:144:14 6:15 

### Q quality 1:4,12 2:3,5 4:5

4: 8 question4:21 R R2:l 7:1,1,1 8:l 

### RE 1:6 receive4:7 received 4: 16 record 5:5 7:8 reference 5:10 7.18 references 5:9,20 # 

### reflect 5:1 1 regarding4:7 Register 4: 13 regulation 1:12 2:6 6:9 regulations 4:9 5:9,21

5:22 related 5:14 8:14 remember4:22 reorganizations 5: 18 reporter 1:20 7:3 8:2

8:12,19 Reporters's 7: 13 REPORTER'S 3:7,8 reports6:4 

### .

require 6:5 resources 6: 1 Room 1:13 Rouge 1: 142:7 nxle5:8 7:4 rulemaking 5:23 Rules 7:5 RS 8:12 S S2:l 7:l same7: 12 Sandy2:4 4:3 Section 1:

### 13 September4: 15 seq 8:13 serving4:6 sit5:3 some 5: 10 sometimes5: 17 spontaneous7:10 standing 8:19 state 1:3,20 7:3,8 8: 13

8:20 stating 5:4 statutory5.10 stenomask 8:4 Stephens 2:4 4:2,4 Street 1:13 2:7 structure 5: 12 submittals 6:4 supervision 8:6 sworn 7:7 8:11 T T 7:l 8:1,1 table 5:3 taken 7:7 8:5 taIk 7: 12 tape 8:4 testimony 7:7 text 5: 15 Thank 6.12 thought7:12 thoughts 4:25

### Kkl;tr 

## wru 

## JUL 1

## 6 

## 2007 Acadianals Daily Newspaper LOEWOSEC/MD REGULATIONDEVELOPMENTSECT 

# THE ADVERTISER

1100 

### Bertrand Drive 

### LAFAYETTE, LA 70506 PHONE:

. (337) 289-6300 

### FAX : (337) 289-6466



## AFFIDAVIT OF PUBLICATION

Remender D. Weatherspoon ~ccount NO.: ~DEQRD 

### LA Departrnent.of EnvironmentalQuality ~d Number: 803331 

### OSEC/Legal Affairs Division Ad Total: $119.71 No. of Lines: 283 

### Regulation Development Section Reference NO.: 

### P. 0. 

### BOX 4302 '70 Insure propercredit please referto your account number 

### Baton Rouge, LA 70821-4302 andlor adnumberwhen making payment. Remittanceaddress: P.O. Box3268, Lsfayette, LA 70502-3268 1, 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 the Secretary LesalAffairs Division Departmental Desiqnations (LAC 33:1, l

### 11, V, VI, Vll, IX, XI, and XV) (MM002)

was published in 

## ADVERTISERon the following dates: 

### *Friday, July 6, 

### 2007



### Sworn to and subscribed before me this 10th 

### day of July, 2007.803332 DECLARATION OF

EMERGENCY Department of Envlronrnental Quallty Offlce of Envlronmental

Assessment

In accordance wlth the emergency provl- sions of R.S. 49:953(8) of the Admlnlstratlve Procedure Act, which aIlow the Department of Environmental Q~allty to Use emer- gency procedures to establlsh rules, and of R.S. 30:Mll, whlch allows the department to establlsh standards, guidelines, and crRe rla, to promulgate rules and regulations, and to Issue com I\ ance schedules ?hi secretar of fh'e departmen7 hereby declares that an emer- gency action, Is neces- sary In order to Imple- ment expedited penal- ty agreements.

The expedltecl penal-

agreement rule 8SO54, became flnal oti December 20, 2006. Thls Emergency Rule, MM004E, supplements that rule- b adding certaln addltronal "10- latlons of the solld waste regulations to LAC 33:1.807, and atnendh LAC 33:vll.lld and 315- accordlngl 

## . The Emergency ~ure wlll abate delays that have occurred In cor- rectlng-'l~violatlon~ of the Envlronmental Quality Act wncerning the unauthorized transportlng, dis sal, and/or burning of?olld wastes. Delays in en- forcement reduce the effectiveness .of the en- forcement actlon and unnecessarily utllize resources. In the,re- cent past, compla~nts of unauthorized dlspos- al and burning of solid wastes have increased
' conslderably especial-

ly In the 

### hurricane-.

' ' Irhpatteu areas... This Emergency*$ule 'will. d provide an alternative penalty assessment mechanlsm that the department may utlIlze. at Its dlscretlon. to-' eipedlte penalty agreements In appro- . prlate cases, reduclng staff tlme and increasIna efflclenw In adFaZmental ~~uarmty has amroved an ex~edlted penalty ap roach. It recommenrfed a pllot program fur addressIng certain classes of violations wlth penal- ties In a timeller man- ner. The leglslature approved that report and passed Act 1196 in the 2003 Regular Session allowlng the department to promul- gate rules for the program. A pllot program was created and monitored far approxl- mately two years. Posltlve feedback on the program led the department to promul- gate the permanent ex- pedtted enalty agree- ment rugthat became flnal on December 20,

the Internet at www.de~.\ou~slana.gov

~ ~..-. Street Lockport ,LA 70374;' 645 N. Lotus Drive Sulte C, ~andevllle, LA 70471. Adopted thls 20th da of March, 2007.



## hike D;M~DBnlelt Ph.D. Secretary

# CERTIFIED COPY

# I 

# eIAI,4

fl 

# CAPITAL 

# CI PRESS Publisher 

# of THE ADVOCATE 

# PROOF 

# OF PUBLICATION The 

### hereto attached notice 

### was

published inTHE ADVOCATE, 

### a 

### daily newspaper of general circulation

published 

### in Baton Rouge, Louisiana, and the 

### official Journal of the State of Louisiana, the City of 

### Baton Rouge, 

### and 

### the Parish 

### of East Baton Rouge, 

### in the following issues:


## July 7,2007 

# &L Sljdn 

### A. 

### Bush, Public Notices Cleric

Sworn and subscribed before me

by 

### the person whose signature appears above in Baton Rouge, Louisiana, 

### on


## July 

## 7,2007 

# --

RECEIVED

DEQ 

## - OSEC ATTN REMENDERWEATHERSPOON PO 

## BOX 4302 

### BATONROUGE, LA 70821 Herman Robinson EXBCU~IM counse

# I CERTIFIED 

# CO.PY~~,/~~ AFFIDAVIT 

# OF PUBLICATION

(A 

### Correct Copy of Publication ) 

# 1 I, Harold Constance. Classified SalesManaver
NOTICEOF INTENT ' '-4 Department of Environmental Quathy 0ffice.of the Secretary Legal Affairs DlVlSiOn Departmental Designations (LAC 33:1, 111, V, VI, ViI, IX, XI. and XVI (MMOOZ) Under the authority of the Environmental Quality Act. R.5, 30:2W1 et seq., and in accordance with the provisions of the Adm~nlstratlve Procedure ACI R.S. 49.9% et seq., the'secretaty gives no- tice that rulemaking

rocedures have been nifiated to amend the 

## P Environmental Quality regulations, LAC 33:1, Ill v VI v11 IX X1 ah x'v (iopimbo2): The sections amended in this rule are as'fol- tows: LAC 33:1.501, 907, 1109, 1111 1113 1172 1203 1307' 1505' 1701' 1803' 2005' 2307' 3~5' 3917: 3919: 3923: 3925: 4701, 4703, 4705, 471 1, 5707, 6905, and 6921;. LAC 33:111.111, 211, 501, 50% 5Q5, 506, 507, 613, 918 919 1105 1107 1416 1432 150; 2103' 2108: 2113: 2116; 2121: 2 23 2132 3, 

# 43 ::elf molt %3, 2307' 2511' 2521' 2531 2701' 2719' 2723' 2735' 275Y1 2805' 2807' 2809' 2811' 3003' 5107' 511'1: 5113: 5116: 5122: 5151, 5307, 5311, and 5911; LAC 33:V.105 109 303 309 321 323' 501' 520' 537: 565,' 590,' 708,'11Q5: 1107, 1109, 1111, 1113, 1123, 1125, 1127, 1199 1504 1505 1513 1516, 1527' 1529' 1531' 1715 1737' 1739' 1745' 7747' 1755' 1767' 1802' 1905' 1907: 1913: 2227: 2237: 2M 2241 2245 2246 2247' 2253' 2271' 2273' 2303: 2306: 2307: 2508: 2521 2707 2771 2219 280; 2805' 2~03:2906' 3005' 3007' 3009 3103: 3115' 3317' 3319' 3321 350; 3505' 3513' 3517' 3523' 3525' 3527' 3707' 3711' 371; 3717' 3719' 3a~l' 3~41' 3053' 3075' 4029' 4043' 4045' 406: 4083' 4201' 4211' 4301 4320) 4367' 4373' 4375: 4381' 4383' 4387' 4391 4393' 4395' 4403' 4407: 4411' 4413' 4437' 4449 4451' 4462' 4472' 4474' 4489: 4.12; 4522: 4~34: 4703, and 5309; LAC 33:Vl.lOJ ,117 201 303. 403. 501,'502,' 505: 507 509 515 521 607 705: 709: 711: 801: ~m:

, 911, and 913;

LAC 33:Vll 113 301, 303 305 307' 3il 401 403' 407' 501' 508' 509' 513' 51fi' 517' 519' 711: 713: 715: 117: 719: 721 723 725 a03 805 909' iioj ijoi i303 '1305' 1403: 1405,' 3001.' 10307: 10513, 10515, 10517, 10519, 10521, 10523, !Og, l053!,

. 10533, LAC 33:1X.301, 303, 307, 309, 311, 315, 708, 905, 1117 1121 1507 2109, 2111: 2115: 2119: 2123, 2125 ' 2501 2511 2515 2521: 2523: 2525: 2529: 2701 2703 27W 3115, 3117' 4m5' no^' 6113 6117: 6121; 6123; 6125: 6135, and 6507; LAC 33:X1.301, 303, 507, 701, 715, 903, P05, 907, 1111, 1113, 1123, 1129, 1131, 1139, 1205, 1209. 1305, and 1309; and LAC 33:XV.102. 204, 205 2W 211 212 213 320' 321' 322' 324' 325: 326' 328' 331' 332' 361 390' 399' 430' 436' 438' 442: 461: 408: 490; 496: 499, 575, 577, 578, 579, 603. 608. 704. 710, '7191 737 761 803 907 911, l01k ld17 j103 '1104, 1303' 1309' 1314' 1325 1331' 1332' 1353' 1407: 1408' 141i 1417' 1418 1420' 1515) 151; 170; 1711' 1755: 2014: 2017: 2d zsa, 2507, an0 2508. Thls rule wlll change references to various DEQ' divisl0fls I? the

nations to refled tlie current ~rganlzatlonal Structure of the de- 'partment and make rnlscella~eous formet and typo raphical cor- rections ?n the related iea;-Each dlvision wlIl ~nternaily pre are doc; umentation ilentifving the various reports and other submlltals the division may require.

.This Information will be avallabte through the departm$t's Web- atte. The names and Gcjiniiafioii~ pi%& ment .of divisions are sometimes chanped during reorganlzat~ons within the deuartment, which Initiates a need to update the division names in the depart- ment's reguiations. Changing the dep.art- mental resulatlons thiough 

## - formal rulemaking each tune there is a diviPlon name change or a chan e in the organtre. thonay placement of a division is an inefflclent use of resources. The basis and rationale for thls rule are to decrease the effect that de artmentai reorganl- zaRons have on the regulations. This proposed rule meets an exception ltsted in R.S.' 30:2019( D) (2) and R.S. 49:953(G1(3); therefore,.no report regard- ing environmental/ health benefits and socialleconornlc costs IS required. This pro- posed rule has no knawn imoact on famiiv formation. stabilitv, and autonomy as de- scribed in R.S. 49972. 

### of 

### TKE TOWNTALK,published at Alexalldria, Louisiana do solelllnly swear

### that the 

### Notice ofIntent (MM002) advertisement, 

### as per clipping attached, was published in theregular and entireissue 

### of said
newspaper, and

### not in any 

### supplement thereof for

# oneinsertion(s) commencing with the issue dated Julv 

### 5,2007 ad 

### ending withthe issue dated July 

### 5,2007. I



### Subscribed and swonlto before lne tllis 

# a day of 

### Jylv, 2007net at www deq loulsiana ov /port~l/t6blcV16~9/%~a u1t.as.p~.
. 

## -
. Thls proposed regula- tion Is avallable for Inspectlon at the followIns DEQ office locs. tlons from 8 a.m. until 4:30 p rn.: 6M N. Fifth Streat. Baton Rouge, LA 70802; 1823 Highway 546 West Monroe LA 71295 state ~ffici Bullding, 1525 Fairfield Avenue Shrove ort LA 711dle -1i01 ~Bthali Street iske Charles LA 70615. 11 1 New

### en! ter ~rl&, Lafayette LA won; 

### . 116 Baratarle Street, Lockport LA 70376 645 N. ~otu; Drlve Sulte ~471.~~nde~llld LA
HERMAN ,ROBINSON, CPM Executive C~urlssl

. (7) 5

## 5\@ \ 

# Affidavit ofPublication

NOTICE OF INTENT Department of Environmental QuslitY Office of the Secretarv Le- &I Affairs Divlslon bepartmental Deslgna- tions (LAC 33: I, Ill, V, vI, VII, IX XI, ancl XV) (MMOOZ)

Under the.authorit~ of the Environmental Quality Ad, R.S. 30:2001 et seq., .and in OCCOrdance wlth the p'rovislons af the Admlnistratlve Procedure Ad. R.S. 49:950 et seq., the secr6 tarv gives notice that rulemaklng procedures have been initiated to amend the Environmental Quality r~gulatians~ LAC 33:1, Ill, V, VI, v!I, IX, XI, and XV (Log #MM002). The sections amended inthis rule are as follows:

LAC 33: 1.501, 907, 1109, 1111, 1113, 1117, 1203, 1307, 1505, 1701, 1803, 2005 2307, 3905, 39171 3919' 3923, 3925, 4701, 4703: 4705, 471 1, 5707, 6905 and l21;



### LAC 33.:llI.l11, 211, 501 504, 505, 506, 507, 613'918 919, 1105. 11.07, 141b, 1i34; 1507, 2103, 2108, 2113, 2116, 2121s 2122, 2123, 2132, 2153s 2159 2201. 2301, 2303, 2307: 2511, 2521, 2531, 2701 2719, 2723, 2735, 2799: 2805, 2807, 2809s 2811, 3003, 5107, 5111, 5113, 5116, 5122, 5151, 5307 5311, and 5911;



### ~k 33:V.105, 109, 303, 309 321, 323, 501; 520, 537' 565, 590, 708, 1105, 11&, 1109, 1111, 1113, 1.123, 1125, 1127, 1199, 1504, 1505, 1513, 1516, 1527, 1529,1531, 17158 i7a7 1'739, 1745, 1747, 1755: 1767, 1802, 1905, 1907, 1913, 2227, 2237s 2239, 2241, 2245, 2246, 2247, 2253, 2271, 2273, 2303, 2306, 2307, 2508, 2521, 2707, 2711, 2719, 2803 2805, 2903, 2906, 3005: 3007, 3009, 3103, 3115 3317, 3319, 3321, 3503' 3505, 3513, 3517, 3523: 3525, 3527, 3707, 3711, 3715, 3717, 3719, 3631 3841, 3853, 3875, 4029: 4043, 4045, 4065, 4083, 4201, 4241, 4301, 4320, 4367, 4373, 4375, 4381 4383, 4387. 4391, 6393' 4395, 6403. 4407, 4411: 4413, 4437, 4449, 4451 4462, 4472, 4474, 4489: 4512, 4522, 4534, 4703, and5309:

LAC 33:V1.103. 117, 201, 303, 403, 501, 502, 505 507, 509; 515, 521, 607: 705, 709, 711, 801, 803 911,and913;



### LAC 33:Vl 1.113, 301. 303 305, 307, 311. 401, 403: 402: 501, 508, 509,



# - RECEIVED 

# JUl 12

## 2007

LOEQlOSECILAD REGULATlONDEVEGJPMENTSE 

## STATE OF LOUISXANA Parish 

## of Calcasieu ty, per.onally came and appeared



## whb being duly sworn, deposes and 

### says: Me/She is aduly authorized agent of 

## LAKE CHARLES AMERICAN 

## PRESS a 

### newspaper published daily at

## 4900Highway 90

### East, Lake Charles, Louisiana, 70615. (Mail address: P.O. Box 2893. Lake Charles,LA 70602) 

## The attached~6tice was published 

### in said newspaperin its issue(s) dated:

. . 

### 00366451 

# - $61.OO

. yaM" 

### July 

### 9, 2007

~ulb Authorized Agent Subscribed and swpm , 

### tobefore 

### me on this 

### 9th day ofJuly, 2007 at

### Lake 

### Charles,LA

. 

# A

LDEQ-OSEC-LADThis proposed rule meets an exception listed In R.S. 30:2019(D)(2) and R.S. 49:953(G)(3); therefore, no report regarding en- vlronrnentclVhealth beneflts and social/economlc costs Is rwulred. Thls proposed rule has no known Impoct'on family formation, stabllltv, and autonornv as described In R.S. dq:972.

A publlc hear~ng.wlll be held on August 28, 2007, at 1:30 p.m. Inthe Galvez Bu~ldine. Oliver Pollock Conference Room, 602 N. Fifth Street, Baton Rouge. LA 70802. interested per- sons are invlted to attend and submlt oral comments on the pro- posed amendments. Should indivlduais wlth a disablllty need an ac- cornrnddatlon inorder to : Partlcl~ate. contact Judith~ A. Schuerman, Ph.D,, at the.address glven below or at (225) 119-3550. Parking Inttie Galvez Garage Is free wlth a validated mrklng tlCkat.

..-.-

..

All lnierested Persons are Invited to submlt wyltter\,cornments on the braposed reaulatlan. Persons coniment.ing s'tfould reference thls pioe Jd r$uulafl.on bv MMW2. Such corhmsnts must be receiv@d no later than September 4, 2007, at 4:30 p.m., and .should.be sentto Ju.dlth A. ~chuerma$,h.~., Offlce of the Secretory. Legal''&ff~l'fs?~plv!slon, BOX 4302, ~@ton..~owge, LA 70811-43W orto.FAX '(225j' 

### 234552 or by e-mail to 1udith.schuerrnan@la.gov. Ctoldles of this proFi3sed rkdulatlon can be ,purcWlis%ti by contactlrie .the. .DEQ Publlc Records Center at (225) 219-3168, ,Check or money order is ?aqulred In .advance for each copy of MM002. This regulation Is available on the Internet at www.deq.louislana.gov/wrtaI/tabldil669/default.aspx.

, Thls proposed regula- ! tlon Is ovallabbe for In-

, spection at the follawlng : DEQ office locotlons

trom 8 a.m. untll 4:30 p.m.: -602 -N. Flfth Street, Baton Rouge, LA 708M; 1823 Hlghwav 546. West Monroe. LA 712921 state dfflce ~ulloine, 1525 FalrfleldAvenue: ShrevePort, LA 71101, 1301 Gadwnll Street.

Lotus Drive, Suite 'C, Mandeville, LA7Wl.

. Herman Robinson, CPM ExecutiveCounsel July 9 It !XI66451'Department of Environmental Quality. Office ofthe Secretaryj

; jir;kisGtive ~iocedure ct, R.S. 49:950 et seq.; 

# 1;
secretcry .gtves no- I Ice that rulemakinq rotedures have been, nlriated to amend the Environmental Quality, 1 begula+ions, LAC 33:l: 

### ' [Ill, v, vi, VII, 1X, Xli

nd XV (Log IMM002)1 I 

## F:he sections amended

n this rule ere as fol* lows:

. .. . .. 'I 

### 'STATEOF

### LOUISIANA 

## PARISH OF CADDO 

### Before me, the undersigned authority,personallycame and appeared

Altheas Critton 

### personallyknown 

## tome,

Who being duly sworn, deposes and saysthat 

### she

### is theAssistant to the Classified Advertising Manager of

### The Tirnes, and thatthe attached Advertisemententitled: NOTICE 

## OF'INTENT (MM002) 

### As per copy ofadvertisementhereto annexed,

## waspublished 

## in The

### Times onthe following datesto wit: July 3,2007



# . (Signed) 1



### Swornto and subscribedbeforeme

### this 3" day of July, 2007

ALTHU C.?vN, hV3Wh' WBhlC8 68131 .$.PSI.ER PARISH,, LOUISIAMA MY:COMMSSlO@ 15 FOR UFE 

### Wow)LDEQ/OSEC/lAD REGULATIONDEVELOPMENTSECnON 

### 3800HOWARD AYENuE,

### NEWORLEANS, LOUlSmA70140-1097 TEWHONE(504)826-3206



### State ofLouisiana +Parish of Orleans City ofNew Orleans Personallyappearedbeforeme, a

### Notary 

### in and for the parish ofOrleans,Robert

## J. Chiasson who deposes and saysthat he 

### is,theAccountsReceivable Manager, ofThe Times-PicayunePublishing Corporation, a Louisiana Corporation, Publishers ofThe Times-Picayune,Daily and Sunday, ofgeneral circulation; doingbusiness inthe City ofNew Orleans and the Stateof Louisiana, and that the attached LegalNotice

RE:DepartmentalDesignations (LAC 

### 33:

### 1, 

### 111,V,Vl,Vl 1, 

### 1 

## X, Xl,and XV)

### (MM002) Mvehsement of Office OfEnvironmentalQuality

-- - 

### Post OfficeBox 4302 Baton Rouge, Louisiana 70821 

### Was published

## in The Times Picayune



## 3800Howard Avenue 

### 1Vew Orleans, Louisiana 70125 Onthefollowing dates jdy 

### 5,2007

10th Day of July. 

### 2007,cMy commission expires atmydeath.

Charles

### A. Ferguson,Jr.eet, Lake Charles, LA 70615; LA 70508; 110 Barataria Street, Lockport, N. Lotus Drive, Suite C, 

# \ Herman Robinson, CPM Executive Counsel 

# /

Robert E. Hosse StaffDirector Legislative Fiscal 0 

### NOTICE OF INTENT Department of Environmental Quality Office of the Secretary Legal Affairs Division Departmental Designations (LAC 33:I, 111,V, VI, VII, IX, 

### XI, and XV)(MM002) 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 Environmental Quality regulations, LAC 33:I, 111, V, VI, VII, 

### IX,XI, and XV (Log #MM002). The Sections amended in this Rule are as follows:

LAC 33:111.111, 211, 501, 504, 505, 506, 507, 613, 918, 919, 1105, 1107, 1410, 1434, 1507,2103,2108,2113,2116, 2121, 2122, 2123, 2132, 2153, 2159, 2201, 2301, 2303, 2307, 2511, 2521, 2531, 2701, 2719, 2723, 2735, 2799, 2805, 2807, 2809, 2811, 3003, 5107, 5111, 5113, 5116, 5122,5151,5307,5311, and 5911;

Louisiana Register Vol. 33, No. 07 July 20, 2007 

### , 1504, 1505, 1513, 1516, 1527,

509, 515,521,607,705,

LAC 33:VII.113, 301, 07, 311, 401, 403, 407,
1405, 3001, 10307, 1 10523,10525,10531

This Rule will change references to various DEQ divisions in the regulations to references to the statutory office designations, update some office designations to reflect the current organizational structure of the department, and make miscellaneous format and typographical corrections in the related text. Each division will internally prepare documentation identifying the various reports and other submittals the division may require. This information will be available through the department's website. The names and organizational placement of divisions are sometimes changed during reorganizations within the department, which initiates a need to update the division names in the department's regulations. Changing the departmental regulations through formal rulemaking each time there is a division name change or a change in the organizational placement of a division is an inefficient use of resources. The basis and rationale for this Rule are to decrease the effect that departmental reorganizations have on the regulations.

This proposed Rule meets an exception listed in R.S. 30:2019(D)(2) and R.S. 49:953(G)(3); therefore, no report regarding environmentaVhealthbenefits and sociaVeconomic costs is required. This proposed Rule has no known impact on family formation, stability, and autonomy as described in R.S. 49:972.st the addition of
accreditation at



### A. -E.


## ... the results of the

test results that CALNOTE: Promulgated by the D tal Quality, Ofice of the Secretary, LR

SPOC--0 ffice

HISTORICAL NOTE: by the Department of Environmental Quality, Secretary, LR 22:977 ffice of Environmental
Affairs Division, LR 33: 96921. Reporting Re



### A. No later than 30

Part 111. Air Chapter 1. General Provisions 9111. Definitions

A. When used in these rules and regulations, the following words and phrases shall have the meanings ascribed to them below. 

## ***

SPOC--Office of Environmental Compliance, Emergency and Radiological Services Division, Single Point of Contact (SPOC). 

### ***

AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, ~Luisiana Register "01. 33, No. 07 July 20, 2007 

# 'mAir Quality Division, LR 13:741 (December 1987), amended LR 14:348(June 1988),LR 15: 1061 (December 1989),amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 17:777 (August 199I), LR 21: 1081 (October 1995), LR 22:1212 (December 1996), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2444 (November2000), amended by the Office of the Secretary, Legal Affairs Division, LR 32:808 (May 2006), LR 32:1599 (September 2006), LR 33: Chapter 2. Rules and Regulations for the Fee System of the Air Quality Control Programs $211. Methodology

A. -B.9.


## ... 10. When a permanent shutdown occurs and a company properly notifies the Office of Environmental Services by official change in the Emission Inventory Questionnaire (EIQ) and permit, then the maintenance fee would be dropped for that shutdown portion of the processlplant. This fee reduction or cancellation shall apply only in the fiscal years in which the shutdown portion of the plant or process did not operate at all. The EIQ and permit shall also need to be changed to delete the emissions from the shutdown portion of the plant or process before the start of the fiscal year in which the fee would have been charged. 11.- 15.b.



### ... AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:611 (September 1988), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 17:1205 (December 1991),LR 18:706 (July 1992),LR 19:1419 (November 1993), amended by the Office of Management and Finance, Fiscal Services Division, LR 22:17 (January 1996), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:264 (February 2000), LR 26:2444 (November 2000), LR 29:2776 (December 2003), amended by the Ofice of the Secretary, Legal Affairs Division, LR 31:2435 (October 2005), LR 33: Chapter 5. Permit Procedures $501. Scope and Applicability

A. -B.7.


### ... C. Scope

1. For each source to which this Chapter applies, the owner or operator shall submit a timely and complete permit application to the Office of Environmental Services as required in accordance with the procedures delineated herein. Permit applications shall be submitted prior to construction, reconstruction, or modification unless otherwise provided in this Chapter. 2. - 13.



### ... AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987),amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 16:613 (July 1990), LR 17:478 (May 1991), LR 19:1420 (November 1993), LR 20:1281 (November 1994), LR 20: 1375 (December 1994), LR 23: 1677 (December 1997), amended by the Office of the Secretary, LR 25:660 (April 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2445 (November 2000), LR 28:997 (May 2002), amended by the Office of Environmental Assessment, LR 3 1:1063 (May 2005), amended by the Office of the Secretary, Legal Affairs Division, LR 3 1:2436 (October 2005), LR 32:1842 (October 2006), LR 33: $504. Nonattainment New Source Review Procedures

A. -B.5.



### ... C. Source Information. The owner or operator of a proposed major stationary source or major modification shall submit .all information necessary to the Office of Environmental Services in order to any analysis or make any determination required under this regulation. Information shall include, but is not limited to:

C.l.-F.6.



### ...

7. The owner or operator desiring to utilize emission reductions as an offset shall submit to the Office of Environmental Services the following information:

C.7.a. -M.3.


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

HISTORICALNOTE: 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), amended by the Office of Environmental Assessment, LR 30:2801 (December 2004), amended by the Office of the Secretary,Legal Affairs Division, LR 31:2436 (October 2005), LR 3 1:3123, 3 155 (December 2005), LR 32: 1599 (September 2006), LR 33: $505. Acid Rain Program PermittingRequirements

A.


## ... B. Copies of documents incorporated by reference in this Section may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20242 or their website, www.gpoaccess.gov /cfr/index.html; from the Department of Environmental Quality, Office of Environmental Services; or from a public library.

C. Modifications or Exceptions. A copy of each report or notice or of any other documentation required by the referenced regulations (i.e., 40 CFR Part 72) to be provided to "the Administrator" shall be provided to the Office of Environmental Services by the person required to make the submissionto "the Administrator."

AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987),amendedby the Office of Air Quality and Radiation Protection, Air Quality Division, LR 19:1420 (November 1993), LR 21:678 (July 1995), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2446 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 3 1:2429, 2436 (October 2005), LR 32: 1598 (September 2006), LR 33: $506. Clean Air Interstate Rule Requirements

A. -C.



### ... D. Copies of documents incorporated by reference in this Section may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20242 or their website, 

### www.gpoaccess.gov/cfr/index.html; from the Department of 

# %B Louisiana Register Vol. 33, No. 07 July 20,2007Environmental Quality, Office ofEnvironmental Services; or from a public library.

E. Modifications or Exceptions. A copy of each report or notice or of any other documentation required by the referenced regulations (i.e., 40 CFR Part 96) to be provided to "the Administrator" shall be provided to the Office of Environmental Services by the person required to make the submission to "the Administrator."

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

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Ofice of the Secretary, Legal Affairs Division, LR 32: 1597 (September 2006), amended LR 33: $507. Part 70 Operating Permits Program

A. 

### -C.2.


### ...

3. Newly Regulated Sources. The owner or operator of any source that becomes subject to the requirements of this Section after the effective date of the Louisiana Part 

### 70 program due to regulations promulgated by the administrator orby the Department of Environmental Quality shall submit an application to the Office of Environmental Services in accordance with the requirements established by the applicable regulation. In no case shall the required applicationbe submitted later than one year from the date on which the source first becomes subject to this Section.

D. -H.3.


### ...

4. a requirement for progress reports to be submitted to the Office of Environmental Compliance at least semiannually, or at a more frequent period if specified in the applicable requirement. Such progress reports shall contain the following: 4.a. - 5.c.v.


### ...

d. a requirement that all compliance certifications be submitted to the administrator as well as to the Office of Environmental Compliance; and

H.5.e. -J.5.


### ... AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2011,2023,2024, and 2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987),amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 19: 1420 (November 1993), LR 20: 1375 (December 1994), amended by the Ofice of Environmental Assessment, Environmental Planning Division, LR 26:2447 (November 2000), LR 27:2229 (December 2001), LR 28:994 (May 2002), LR 29:698 (May 2003), LR 30:1008 (May 2004), amended by the Office of Environmental Assessment, LR 31:lo61 (May 2005), LR 3 1:1568 (July 2005), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2437 (October 2005), LR 32908 (May 2006), LR 33: Chapter6. Regulations on Control of Emissions through the Use of Emission Reduction Credits Banking $613. ERC Bank Recordkeeping and Reporting Requirements A. -B.l.



### ...

2. An annual report summarizing all records required by Subsection A of this Section shall be submitted to the department by March 31 of each year. This submittal shall be certified as specified in Subsection C of this Section and submitted to the Office of Environmental Services in a format specifiedby the department.

B.3. -C.



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

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Ofice of Air Quality and Radiation Protection, Air Quality Division. LR 20:877 (August 1994), amended by the Ofice of Environmental Assessment, Environmental Planning Division, LR 25:1622 (September 1999), LR 26:486 (March 2000), LR 26:2449 (November 2000), LR 28:303 (February 2002), amended by the Ofice of the Secretary, Legal Affairs Division, LR 3 1:2437 (October 2005), LR 33: Chapter 9. General Regulations on Control of Emissions and Emission Standards $918. Recordkeeping and Annual Reporting

A. Data for emissions reports shallbe collected annually. These reports are to be submitted to the Office of Environmental Assessment by March 31 of each year (for the period January 1 to December 31 of the previous year) unless othenvise directed by the department. The report shall include all data applicable to the emissions source or sources as required under LAC 33:III.919.

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

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741(December 1987),amendedby the Ofice of Air Quality and Radiation Protection, Air Quality Division, LR 22:339 (May 1996), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2450 (November 2000), LR 29:2776 (December 2003), amended by the Ofice of the Secretary, Legal Affairs Division, LR 31:2438 (October 2005), LR 33: $919. Emissions Inventory

Emissions inventory data shall be submitted to the department on magnetic media in the format specified by the Office of Environmental Assessment. Facilities are defined as all emissions points under common control on contiguous property. Emissions point is defined as the source of emissions that should have a Source Classification Code (SCC). Detailed instructions are provided, on an annual basis, for completing and submitting emissions inventories. The state point source emissions inventory will be compiled from the emissions inventories submitted in accordance with this Section from the facilities that meet the criteria for applicability in Subsection A of this Section. The state area source, non-road and on-road mobile source, and biogenic emissions inventories are compiled by the department from data that may be requested from other federal, state, or local agencies or other private entities.

A. Applicability. The owner or operator of the following facilities shall submit annual emissions inventories to the Office of Environmental Assessment. The inventory shall include all air pollutants for which a National Ambient Air Quality Standard (NAAQS) has been issued and all NAAQS precursor pollutants.

A.1.-F.


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

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), repealed and repromulgated by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 19: 184 (February 1993), repromulgated LR 19:485 (April 1993), amended LR 19:1418 (November 1993), LR 20: 1101 (October 1994), LR 22:339 (May 1996), amended by the Ofice of Environmental Assessment,
Louisiana Register Vol. 33,No. 07 July 20, 2007 

# 3%Environmental Planning Division, LR 26:2450 (November 2000), LR 29:2776 (December 2003), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2438 (October 2005), LR 32:241 (February2006), LR 33: Chapter 11. Controlof Emissions of Smoke 51105. Smokefrom Flaring Shall Not Exceed 20 Percent Opacity A. The emission of smoke from a flare or other similar device used for burning in connection with pressure valve releases for control over process upsets shallbe controlled so that the shade or appearance ofthe emission does not exceed 20 percent opacity (LAC 33:111.1503.D.2, Table 4) for a combined total of six hours 

### in any 10 consecutive days. If it appears the emergency cannot be controlled in six hours, SPOC shall be notified by the emitter in accordance with LAC 33:1.3923 as soon as possible afterthe start of the upset period. Such notification does not imply the administrative authority will automatically grant an exemption to the source(s)of excessive emissions.

AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division,LR 13:741 (December 1987),amendedby the Office of Air Quality and Radiation Protection, Air Quality Division, LR 25:656 (April 1999), amended by the Office of EnvironmentalAssessment, Environmental Planning Division, LR 26:2450 (November 2000), LR 30:1671 (August 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2438 (October2005), LR 33: 51107. Exemptions

A. Exemptions from the provisions of LAC 33:111.1105 may be granted by the administrative authority during startup and shutdown periods if the flaring was not the result of failure to maintain or repair equipment. A report in writing, explaining the conditions and duration of the start-up or shutdown and listing the steps necessary to remedy, prevent, and limit the excess emission, shall be submitted to SPOC within seven calendar days of the occurrence. In addition, the flaring must be minimized and no ambient air quality standardmay be jeopardized.

AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division,LR 13:741 (December 1987),amendedby the Office of Environmental Assessment, Environmental Planning Division, LR 26:245 1 (November2000), amendedby the Office of the Secretary, Legal Affairs Division, LR 3 1:2438 (October 2005), LR 33: Chapter 14. Conformity SubchapterA. Determining Conformityof General FederalActions to State or Federal Implementation Plans 51410. Criteriafor Determining Conformity of General Federal Actions A. -A.5.a.



### ... i. the total of direct and indirect emissions from the action (orportion &hereof) is determined and documented by the department to result in a level of emissions that, together with all other emissions in the nonattainment or maintenance area, would not exceed the emissions budgets specified 

### in the applicable SIP. As a matter of policy, should the department make such determination or commitment, the federal agency must provide to the Office of Environmental Assessment information on all known projects or other actions that may affect air quality or emissionsin any area to which this rule is applicable, regardless of whether such project or action is determined to be subject to this rule under LAC 33:111.1405. The department may charge the federal agency requesting such determination a reasonable fee based on the number of manhours required to perform and documentthe determination; or

A.5.a.ii. -D.


### ... 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 20:1274 (November 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2451 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2438 (October 2005), LR 33: Subchapter

### B. Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded,or Approved under Title 23 U.S.C. or the FederalTransitAct 51434. Consultation

A. -B.6.a.


### ... b. DE-ecretary of the Department of Environmental Quality, or designee; c. DOTSassistant secretary of the Office of Planning and Programming, or designee;

B.6.d. -E.


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

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 20:1278 (November 1994), repromulgated LR 24: 1280 (July 1998), amended LR 24: 1684 (September 1998), repromulgated LR 24: 1925 (October 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2451 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 33: Chapter 15. Emission Standards for Sulfur Dioxide 51507. Exceptions

A.-A.1.



### ... a. A written report explaining the conditions and duration of the start-up and listing the steps necessary to remedy, prevent, and limit the excess emissions shall be submitted to SPOC within seven calendar days of the occurrence.

A.1.b.-B.1.



### ... a. A written report explaining the conditions and duration of the upset and listing the steps necessary to remedy, prevent, and limit the excess emissions shall be submitted to SPOC within seven calendar days of the occurrence.

B.1.b.-C.



### ... AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division,LR 13:741 (December 1987),amendedby the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 18:375 (April 1992), LR 23: 1678 (December 1997), LR 24: 1284 (July 1998), 

# 3'96 Louisiana Register Vol. 33, No. 07 July PO, 2007amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:245 1 (November 2000), amendedby the Office of the Secretary, Legal Affairs Division, LR 3 1:2439 (October2005), LR 33:1011(June 2007),LR 33: Chapter 21. Control of Emission of Organic Compounds SubchapterA. General $2103. Storage ofVolatile Organic Compounds

A. -D.4.


### ... a. Controls for nonslotted guide poles and stilling wells shall include pole wiper and gasketing between the well and sliding cover. Controls for slotted guide poles shall include a float with wiper, pole wiper, and gasketing between the well and sliding cover. The description of the method of control and supporting calculations based upon the Addendum to American Petroleum Institute Publication Number 2517, Evaporative Loss from External Floating Roof Tanks, (dated May 1994) shall be submitted to the Office of Environmental Assessment for approval prior to installation.

D.4.b. 

### -J.



### ... AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 15:1065 (December 1989), repromulgated LR 16:27 (January 1990), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 17:360 (April 1991), LR 18:1121 (October 1992), LR 20:1376 (December 1994), LR 21 :1223 (November 1995),repromulgated LR 2 1:1333 (December 1995), amended LR 22:453 (June 1996), LR 22:1212 (December 1996), LR 24:20 (January 1998), LR 24:2242 (December 1998), LR 25:657 (April 1999), LR 25:852 (May 1999),amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2452 (November 2000), LR 28:1763 (August 2002), LR 30:1671 (August 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2439 (October 2005), LR 3347(March 2007), LR 33: 82108. MarineVapor Recovery

A. -E.5.


### ... F. Reporting and Recordkeeping 1. The results of any testing done in accordance with LAC 33:111.2108.E shall 

### be reported to the Office of Environmental Assessment within45days ofthe test.

F.2. -

### H.2.



### ... AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 14:704 (October 1988), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 16:959 (November 1990), LR 22: 1212 (December 1996), LR 23:1678 (December 1997), LR 24:20 (January 1998), LR 24: 1285 (July 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2452 (November 2000), LR 30:745 (April 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 3112439 (October 2005), LR 33: 52113. Housekeeping

A. -A.3.


### ...

4. Each facility shall develop a written plan for housekeeping and maintenance that places emphasis on the prevention or reduction of volatile organic compound emissions from the facility. This plan shall be submitted to the Office of Environmental Services upon request. A copy Louisiana Register Vol. 33, No. 07 July 20, 2007 shallbe kept at the facility, ifpractical, or at 

### an alternate site approved by the department. 5.


### ... AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 16:118 (February 1990),amended by the Office ofAir Quality and Radiation Protection, Air Quality Division, LR 17:361 (April 1991), LR 25:852 (May 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2452 (November 2000), amended by the Officeofthe Secretary, Legal Affairs Division,LR 31:2439(October2005), LR 33: 82116. Glycol Dehydrators

A. -F.4.b.


### ... G Reporting Requirements

1. The owner or operator of a facility shall submit to 

### the Office of Environmental Services a permit application after installation of controls unless exempt from permitting pursuant to LAC 33:III.Chapter 5. 2. If no permit is required pursuant to LAC 33:III.Chapter 5, the owner or operator of a facility shall submit to the Office of Environmental Services a new or updated emission inventory questionnaire after installation of controls.

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

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 20: 1107 (October 1994), repromulgated, LR 20:1279 (November 1994),amendedLR 21:941 (September 1995), LR 22: 1212 (December 1996), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2452 (November2000). amended by the Office of the Secretary, Legal Affairs Division, LR 3 1:2440 (October 2005), LR 33: 82121. Fugitive Emission Control



### A.-E.3.


### ... F, Reporting Requirements. The operator of the affected facility shall submit to the Office of Environmental Assessment a report semiannually containing the information below for each calendar quarter during the reporting period. The reports are due by the last day of the month (January and July) following the monitoring period or by a date approved by the department. The reports shall include the following information for each quarter of the reporting period:

F.1. - G.Liquid Service.


### ... AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office ofAir Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987),amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 16:959(November 1990),LR 17:654(July 1991),LR 21:1330 (December 1995), LR 22:1128 (November 1996), LR 22: 12 12 (December 1996), LR 24:22 (January 1998), amended by the Office of EnvironmentalAssessment, Environmental Planning Division, LR 26:1433 (July 2000), LR 26:2452 (November 2000), LR 30:1659 (August 2004), amended by the Office of the Secretary, Legal Affairs Division. LR 31:2440 (October 2005). LR 33: 82122. Fugitive Emission Control for Ozone Nonattainment Areas and Specified Parishes A. -F.3.


### ...G. Reporting Requirements. The operator of the affected facility shall submit a report semiannually to the Office of Environmental Assessment containing the information below for each calendar quarter during the reporting period. The reports are due by the last day of the month (January and July) following the monitoring period or by a date approved by the department. The reports shall include the following information for each quarter ofthe reporting period: 1.-6.



### ... AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 20:1102 (October 1994), repromulgated LR 20: 1279 (November 1994), amended LR 22: 1129 (November 1996), LR 22: 1212 (December 1996), repromulgated LR 23: 197 (February 1997), amended LR 23: 1678 (December 1997), LR 24:22 (January 1998), LR 24:1285 (July 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2453 (November 2000), LR 28:1764 (August 2002), LR 30:1660 (August 2004), repromulgated by the Office of Environmental Assessment, LR 30:2030 (September 2004),amendedby the Office ofthe Secretary, Legal Affairs Division,LR 31:2440(October 2005),LR 33: Subchapter B. Organic Solvents $2123. Organic Solvents

A. -C.Table.


### ... D. Control Techniques 1. If add-on controls such as incinerators or vapor recovery systems are used to comply with the emission limitation requirements, in terms of pounds per gallon of solids as applied (determined in accordance with Paragraph D.8 of this Section), the volatile organic compound capture and abatement system shall be at least 80 percent efficient overall. All surface coating facilities shall submit to the Office of Environmental Services, for approval, design data for each capture system and emission control device that is proposed for use. The effectiveness of the capture system (i.e., capture efficiency) shall be determined using the procedure specified in Paragraph E.6 ofthis Section.



### D.2. -H.



### ... AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 16:119 (February 1990),amended by the Office ofAir Quality and Radiation Protection,Air Quality Division,LR 17:654(July 1991), LR 18: 1122 (October 1992),LR 22:340 (May 1996),LR 22: 1212 (December 1996), LR 23:1678 (December 1997), LR 24:23 (January 1998),LR 24:1285 (July 1998),amendedby the Office of Environmental Assessment, Environmental Planning Division, LR 25:1240 (July 1999),LR 26:2453 (November 2000), LR 28:1765 (August 2002), LR 30:746 (April 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2440 (October 2005), LR 33: Subchapter F. Gasoline Handling $2132. StageI1 Vapor Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline Dispensing Facilities 

### A. -B.5.


### ...

6. The regulated facility shall submit the following application information to the Office of Environmental Compliance prior to installation of the Stage I1 Vapor Recovery System: 6.a. -7.


### ... 8. Upon request by the Department of Environmental Quality, the owner or operator of a facility that claims to be exempt from the requirements of this Section shall submit supporting records to the Office of Environmental Compliance within 30 calendar days from the date of the request. The Department of Environmental Quality shall make a final determination regarding the exemption status of a facility.

C. -C.2.


### ... D. Testing 1. The ownerloperator of the facility shall have the installed vapor recovery equipment tested prior to the startup of the facility. The owner or operator shall notify the Office of Environmental Compliance at least five calendar days in advance of the scheduled date of testing. Testing must be performed by a contractor that is certified with the Department of Environmental Quality. Compliance with the emission specification for Stage 

### I1 equipment shall be demonstrated by passing the following required tests or equivalent for each type of system: 1.a.

### - 2.



### ... 3. The department reserves the right to confirm the results of the aforementioned testing at its discretion and at any time. Within 30 days after installation or major system modification of a vapor recovery system, the owner or operator of the facility shall submit to the Office of Environmental Compliance the date of completion of the installation or major system modification of a vapor recovery system and the results of all functional testing requirements.

E. -I.


### ... AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 18: 1254 (November 1992), repromulgated LR 19:46 (January 1993), amended LR 23:1682 (December 1997), LR 24:25 (January 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2453 (November 2000), LR 29:558 (April 2003), amendedby the Office of the Secretary, Legal Affairs Division,LR 31:2440 (October 2005),LR 33: Subchapter M.Limiting Volatile Organic Compound (VOC) Emissions From Industrial Wastewater $2153. Limiting VOC Emissions from Industrial Wastewater A. -G.4.a.



### ... b. in order to maintain exemption status under this Subsection, the owner or operator shall submit an annual report no later than March 31 of each year, starting in 1997, to the Office of Environmental Assessment that demonstrates that the overall control of VOC emissions at the affected source category from which wastewater is generated during the preceding calendar year is at least 90 percent less than the 1990 baseline emissions inventory.At a minimum, the report shall include the EPN; the PIN; the throughput of wastewater from affected source categories; a plot plan showing the location, EPN, and PIN associated with a wastewater storage, handling, transfer, or treatment facility; and the VOC emission rates for the preceding calendar year. The emission rates for the preceding calendar 

## 3%2 Louisiana Register Vol. 33. No. 07 July 20, 2007vear shallbe calculated in a manner consistent with the 1990 baseline emissions inventory; and c, all representations in initial control plans and annual reDorts become enforceable conditions. It shall be unlawhl for any person to vary from such representations if the variation will cause a change in the identity of the specific emission sources being controlled or the method of control of emissions, unless the owner or operator of the wastewater component submits a revised control plan to the Office of Environmental Assessment within 30 days of the change. All control plans and reports shall include documentation that the overall reduction of VOC emissions from wastewater at the affected source categories continues to be at least 90 percent less than the 1990 baseline emissions inventory. The emission rates shall be calculated in a manner consistent with the 1990 baseline emissions inventory. 5.


## ...

a. each request for an exemption determination shall be submitted to the Office of Environmental Assessment. Each request shall demonstrate that the overall control of VOC emissions from wastewater at the affected source categories will be at least 80 percent less than the 1990baseline emissions inventory.

## b herequest shall include the applicable EPN; the PIN; the calendaryear throughput of wastewater from affected source categories; the VOC emission rates; and a plot plan showing the location, EPN, and PIN associated with a wastewater storage, handling, transfer, or treatment facility. The emission rates shall be calculated in a manner consistent with the 1990 baseline emissions inventory; b.


### ... c. all representations in initial control plans and annual reports become enforceable conditions. It shall be unlawful for any person to vary from such representations if the variation will cause a change in the identity of the specific emission sources being controlled or the method of control of emissions unless the owner or operator of the wastewater component submits a revised control plan to the Office of Environmental Assessment within 30 days of the change. All control plans and reports shall include documentation that the overall reduction of VOC emissions at the plant from wastewater affected source categories continues to be at least 80 percent less than the 1990 baseline emissions inventory.

G.6. -I.


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

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 21:936 (September 1995). amended LR 22: 1212 (December 1996),LR 24:26 (January 1998), LR 25:850 (May 1999),amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2453 (November 2000), LR 28:1765 (August 2002), LR 30:747 (April 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2441(October2005),LR 33: Subchapter N. Method 43-Capture Efficiency Test Procedures [Editor's Note: This Subchapter was moved and renumbered from Chapter 61 (December 1996).]

Louisiana Register Vol. 33, No. 07 July 20,2007 $2159. Recordkeeping and Reporting A. All affected facilities must maintain a copy of the capture efficiencyprotocol on file. All results of appropriate test methods and CE protocols must be reported to the Office ofEnvironmental Assessment within 60 days of the test date. A copy ofthe results must be kept on file with the source.



### B. If any changes are made to capture or control equipment, the source is required to notify the Office of Environmental Assessment of these changes and a new test may be required.

C. The source must notify the Office of Environmental Assessment 30 days prior to performing any capture efficiency andlor control efficiency tests.

D. -E. 

## ... AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 17:653 (July 1991), amended LR 22:1212 (December 1996), LR 23: 1680 (December 1997), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2454 (November2000), LR 27:1224 (August 2001), amended by the Office of the Secretary,LegalAffairs Division, LR 33: Chapter 22. Control ofEmissions ofNitrogen Oxides (NO3 $2201. Affected Facilities in the Baton Rouge Nonattainment Area and the Region of Influence A. -F.7.


### ... a. the facility designation, as indicated by the identification number, submitted to the Office of Environmental Services;

F.7.b. -J.2.


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

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Environmental Assessment, Environmental Planning Division, LR 28:290 (February 2002), repromulgated LR 28:45 1 (March 2002), amended LR 28: 1578 (July 2002), LR 30:748 (April 2004), LR 30:1170 (June 2004), amended by the Office ofthe Secretary, Legal Affairs Division, LR 31:2441 (October2005),LR 33: Chapter 23. Control ofEmissions for Specific 

## industriesi Regulation of emissions of volatile organic compounds for certain industries are presented in Chapter 21. Subchapter A. Chemical Woodpulping Industry 82301. Control of Emissions from the Chemical Woodpulping Industry A. -D.4.


### ... a. Compliance. Owner or operators shall conduct source tests of recovery furnaces pursuant to the provisions in LAC 33:111.1503.D.2, Table 4, to confirm particulate emissions are less than that specified in Paragraph D.l of this Section. The results shall be submitted to the Office of Environmental Assessment as specified in LAC 33:III.919 and 918. The testing should be conducted as follows:

D.4.a.i. -E.


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

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office ofAir Quality and Nuclear Energy,Air Quality Division, LR 13:741 (December 1987),amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 19:1564 (December 1993), amended by the Ofice of Environmental Assessment, Environmental Planning Division, LR 26:2454 (November 2000), amended by the Ofice of the Secretary, Legal Affairs Division, LR 31:2442 (October 2005), LR 32:1841 (October 2006), LR 33: Subchapter B. Aluminum Plants $2303. Standards for Horizontal Stud Soderberg PrimaryAluminum Plants and Prebake Primary Aluminum Plants A. -D.4.


### ... E. Monitoring. Each horizontal stud Soderberg process primary aluminum plant and prebake process primary aluminum plant shall submit a detailed monitoring program subject to revision and approval by the Office of Environmental Assessment. The program shall include regularly scheduled monitoring for emissions of total particulates as well as ambient air sampling for suspended particulates.

VOTE: Measurement of Concentrations. The methods listed in LAC 33:111.711.C, Table 2 and LAC 33:III.1503.D.2, Table 4, or such equivalent methods as may be approved by the department, shall be utilized to determine these particulate concentrations.]

F.-F.1.d.



### ...

2. Every horizontal stud Soderberg process primary aluminh plant and prebake process primary aluminum plant shall furnish, upon request, to the department such other data as the administrative authority may require to evaluate the plant's emission control program. Such plants shall immediately report any unauthorized emissions of any air contaminants to SPOC in accordance with LAC 33:1.3923.

G. -G.3.


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

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987),amended by the Ofice of Environmental Assessment, Environmental Planning Division, LR 26:2455 (November 2000), LR 30:1672 (August 2004), amended by the Ofice of the Secretary, Legal Affairs Division, LR 3 1:2442 (October 2005), LR 33: Subchapter D. NitricAcid Industry $2307. Emission Standards for the NitricAcid Industry

A. -B.


### ... C. Exceptions

1. Start-Up Provisions

a. A four-hour start-up exemption from emission regulations may be authorized by the administrative authority for plants not subject to 40 CFR Part 60, Subpart 

### G, as incorporated by reference in LAC 33:III.Chapter 30, which have been shut down. It is recognized that existing nitrogen oxide abatement equipment is effective only at normal operating temperatures. This provision allows the necessary time to bring up a facility from a cold start to near steady state condition. A report, in writing, explaining the conditions and duration of the start-up and listing the steps necessary to remedy, prevent, and limit the excess emissions, shall be submitted to SPOC within seven calendar days of the occurrence using the procedures provided in LAC 33:1.3925. b.



### ... 2. On-Line Operating Adjustments

a. A four-hour exemption from emission regulations may be extended by the administrative authority to plants not subject to 40 CFR Part 60, Subpart G, as incorporatedby reference in LAC 33:III.Chapter 30, where upsets have caused excessive emissions and on-line operating changes will eliminate a temporary condition. A report, in writing, explaining the conditions and duration of the upset and listing the steps necessary to remedy, prevent, and limit the excess emissions, shall be submitted to SPOC within seven calendar days of the occurrence using the procedures provided in LAC 33:1.3925.

C.2.b. -H.2.


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

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Ofice of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended by the Ofice of Air Quality and Radiation Protection, Air Quality Division, LR 23:1680 (December 1997), LR 24:1286 (July 1998), amended by the Ofice of Environmental Assessment, Environmental Planning Division, LR 26:2455 (November 2000), LR 30:1672 (August 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2442 (October 2005), LR 33: Chapter25. MisceUaneous Incineration Rules Subchapter B. BiomedicalWaste Incinerators $2511. Standards of Performance for Biomedical Waste Incinerators A. -B.Type IVWaste.


## ... C. Registration

1. Within 90 days after adoption of these regulations, all facilities operating incinerators designed or operated for the purpose of burning potentially infectious medical waste, shall submit a supplemental incinerator data form (SID-I) to SPOC.

C.2. -E.6.e.



### ...

7. A copy of all monitoring and tests results shall be submitted to the Office of Environmental Assessment for review and approval within 45 days of completion oftesting.

F.-K.


### ... L. 

### RecordkeepingIReporting.The owner or operator of any BWI shall keep a daily record of the hours the unit was in operation and the amount of waste incinerated. A separate record shall be kept of all chemotherapeutic waste incinerated that is not listed under the Resource Conservation and Recovery Act, 40 CFR 261.33(f). This record shall show the name of the material, date and time incinerated, and amount burned. Records shall be submitted to the Office of Environmental Compliance by March 3 1 for the previous calendaryear.

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

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Ofice of Air Quality and Radiation Protection, Air Quality Division, LR 20: 1098 (October 1994), amended LR 21: 1081 (October 1995), LR 22: 121 2 (December 1996), LR 23: 1680 (December 1997), LR 24: 1286 (July 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2455 (November 2000), amended by the Ofice of the Secretary, Legal Affairs Division, LR 31:2442 (October 2005), LR 33:

Louisiana Register Vol. 33, No. 07 July 20, 2007Subchapter C. Refuse lncinerators 82521. Refuse lncinerators

A. -F.9.e.



### ... 10. A copy of all monitoring and tests results shall be submitted to the Oflice of Environmental Assessment for review and approval within 45 days of completion oftesting.



### G -

### H.


## ... AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 20:1100 (October 1994), amended LR 22:1212 (December 1996), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2456 (November 2000), amended by the Office of the Secretary, Legal Affairs Division, LR 3 1:2443 (October 2005), LR 33: SubchapterD. Crematories 82531. Standards of Performance for Crematories

A.-1.l.f.



### ...

2. A copy of all test results shall be submitted to the Oflice of Environmental Assessment for review and approval within 45 days ofcompletion oftesting.

J.-J.1.d.



### ...

2. The ownerloperator shall provide the Oflice of Environmental Assessment at least 30 days prior notice of any emission test to afford the department the opportunity to conduct a pretest conference and to have an observer present. The department has the authority to invalidate any testing where such notice isnot provided.

AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 20: 1107 (October 1994), amended LR 22:1127 (November 1996), LR 22:1212 (December 1996), LR 23:1509 (November 1997), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2456 (November 2000), amended by the Office of the Secretary,

isiana Register Vol. 33. No. 07 July 20, 2007 should be submitted in accordance with Clause B.3.b.i of

of those duties. Local educatio

HISTORICAL

16:1056 (December and Radiation Prote 1994), LR 22:698 Environmental Asse 26:2456 (November

A. -F.2.b.

...

episode, and in writing as in LAC 335,3925within seven calendar days after

30:2344 and 40: 1749.1.

kom the Office of Environmental Se the department's website). The plan
state government before the deadline specified in

# PublicParticipation

# Potpourri 

# \ POTPOURRI 

# /
Department of Agriculture and 

# \ Horticulture Commission 

# Dg;dwapeArchitect Registration E 

# r"

New Candidates: September 5,2008 Re-Take Candidates: September 26,2008 November 7,2008

Mike Strain, DVM Commissioner 

# \

/ 

### POTPOURRI Departmentof Environmental Quality Oficeof the Secretary Legal Affairs Division 2007 State Implementation Plan (SIP) General Revisions Under the authority of the Environmental Quality Act, R.S. 30:2051 et seq., the secretary gives notice of proposed general revisions to the air quality State Implementation Plan (SIP). The revisions include amendments to various air quality regulations in LAC 33:III.Chapters 1, 2, 5, 6, 9, 11, 13, 14, 15, 21, 22, 23, and 25, which were previously promulgated 

### in 2007, and which were not previously included

### in other revisions to the SIP.

A public hearing will be held on October29,2008, at 1:30 p.m. in the Galvez Building, Oliver Pollock Conference Room, 602 N. Fifth Street, Baton Rouge, Louisiana. Interested persons are invited to attend and submit oral comments on the proposed revisions. Should individuals with a disability need an accommodation in order to participate, contact Sandra Hilton at the address given below. Two hours of free parking are allowed in the ~alvez Garage with a validated parking ticket.

All interested persons are invited to submit written comments on the proposed 2007 SIP general revisions. Comments must be submitted no later than 4:30 p.m. on November 5, 2008. Comments should be mailed to Sandra Hilton, Office of Environmental Assessment, Plan Development Section, Box 4314, Baton Rouge, LA 70821- 4314 or faxed to (225) 219-3240 or emailed to sandra.hilton@la.gov. Copies of this document can be purchased by contacting the DEQ Public Records Center at (225) 219-3168. A check or money order is required in advance for each copy ofthe document.

A copy of the general revisions to the SIP may be viewed Monday through Friday, from 8 a.m. to 4:30 p.m., at the following DEQ locations: 602 N. 

### Fifth Street, Baton Rouge, LA 70802; 1823 Highway 546, West Monroe, LA 71292; State Office Building, 1525 Fairfield Avenue, Shreveport, LA 7 1 10

### 1; 1301 Gadwall Street, Lake Charles, LA 70615; 645 N. Lotus Drive, Suite C, Mandeville, LA 70471; 111 New Center Drive, Lafayette, LA 70508; 110 Barataria Street, Lockport, LA 70374, or on the Internet at 

### www.deq.louisiana.gov/porta~tabid~2644/Default.aspx.



## 33% Louisiana Register Vol. 34, No. 09 September20, 2008Louisiana Register Vol. 34, No. 09 September 20, 2008 

## 339divisions in the regulations



## 3844 Herman Robinson, CPM Executive Counsel 

# \ POTPOURRI 

# / Department of Environmental Quality 

# \ Office of the Secretary Legal Affairs Division 

# /

Environmental Quality is

s advanced draft rule

nted. All interested persons are invited to written comments on the draft regulation.

Louisiana Register Vol. 34, No. 09 September 20, 20081100 

### Bertrand Drive 

### LAFAYETTE, LA 70506 Acadiana's Daily Newspaper 

# THE ADVERTISER RECEIVED 

## SEP 

# 2 

# 22008

PHONE: (337) 289-6300 

### FAX : (337) 289-6466



## AFFIDAVIT OF PUBLICATION

Remender D. Weatherspoon Account No.: ~DEQRD 

### LA Department of Environmental Quality Ad 

### Number: 1057987 

### OSEC/Lega 

### l Affairs Division Ad Total: $57.92 No. of Lines: 116 

### Regulation Development Section Reference 

### No.: 

### P. 

### 0. 

### BOX4302 70 insure proper credit please referto youraccount number 

### Baton 

### Rouge, LA 70821-4302 andlor ad number when making payment. Remittance address: P.O. Box 3268,Lafayette,LA 70502-3268 1, 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 

### POTPOURRL Office of the Secretary Leqal Affairs Division 2007 

### State lmplemenfation Plan (SI PI 

### General Revisions (0809PotlZ

was published in 

## THE

## ADVERTISER on the following dates:

Sworn to 

### and subscribed before m-his 18th 

### day 

## of September, 2008 

### \1057987 POTPOURRI Departmentof E vlmnmental,Quallly 0klceof the3ecrStary LeyalAffalrs DIVlllon 2307 State. Implementation Plan

(SIP) General

Revislone (OBWPUtl) Under 11111 ~uthotity of the Environmental Quality Act, R.S. 3P2051 ef reg thesec r&aw gives 'kot!~ .of PliOp~sed ged&al:aVl- slons30 theialr.qh.8llty Stste

. lmp1e Mtqlon Plan (sIP);*'+~;~~sI- slong sfncluc@,.a@nd- menf": to :varlotii!$alr cpallb ri?#vlatlbt%:.~ln : CA'C 13:lll:Ctiapti%K-1, Z5, 6, 9, 11, 13, 14j':15, 2l 22 23 and .25, wjl~ch dvere'predotitly pmmulgdted ih':2M)7, ahd whld were: not prevlwsly 4ncludetl in other rwlslons to the : SIP.

, .

auli a=Px- ,. 

## .-.. ~'errn$i%obbqo~



## - CPM Execunve Coum%l

# CAPITAL CITY PRESS RECEIVED OCT 

# 0 2 

# 2009 LCEQICSECILAD 

# Publisher of EEGUUTITIUN DCVELOPMENT SECTLON 

# THE ADVOCATE

PROOF 

# OF 

# PUBLICATION

The hereto attached notice 

### was published in 

### THE ADVOCIITE, a 

### daily newspaper of general circulation published 

### in Baton 

### Rouge, Louisiana, and the afficial 

### Journal of the 

### State of 

### Louisiana,

the City of 

### Baton Rouge, 

### and the 

### Parish of 

### East Baton Rouge, inthe following issues:

I -. sumr 

### A. 

### Bush, Public Notices Clerk

Sworn and 

### subscribed before 

### me by the person hose signature appears 

### above: 

### September 16,2008

egeen Wley, 

### Notary 

### R&&, 

### #6 565



### MY Cammission 

### Expires : 

### Indefin&t e 

### Baton Rouge, Louisiana

DEQ

## - OSECILAD REG 3958092 REMENDERWEATHERSPOON PO BOX 4302 RM 821 -74 BATON ROUGE Herman Roblnson CPM Executivecounsel 3958092-seo 16-it

# ' Ad 

# \CERTIFIED COPY 

# $\\ State 

# ofLouisiana 

# Parish 

# ofRapides 

# AFFIDAVIT OF 

# PLIBLICATION A&' 

### \PC 

# WEbLB r 

## eD

SEP 

# 2

# 22005

LDEUIOSECILAD REGUNTIONDEVELOPMENTSECTIOII'

(A 

### Correct Copy 

### of

### publication ) 

## I, Harold Constance, Classified Sales Manager, of 

## THE TOWN TALK, published at Alexandria, Louisiana do solemnly swearthat the PublicNotice (0809Potl) advertisement, asper clipping attached,was 

### published 

## in the regular and entireissue of said
newspaper, and not in any supplement thereof for

# oneinsertion(s) commencing

## with theissue dated September 19.2008 

## and endingwith the issue dated Satember 19.2008. I



### Subscribed and sworntobeforeme this 19thday of September,2008 at

, 

### Alexandria, Louisiana

~erryb. Broussard NotaryNumber '1

### 9477 

## My commissionis for life.

# I CERTIFIED COPY

# ($l,\db'

LDEPIGSECILAD 

# Affidavit of Publication REGUUTlONDNL?U?lihTSECiiGN

.POTPOUR%I 

## STATE 

## OF LOUISIANA bhw* +:.i5nvi- 

### - r!mmentcilQu~llW

. 'XFicpd~:%c&r~ 

## Parishof Calcasieu U&tl~~hr.Di~lslon

. ..* \ 2~7 

### shimplemet+ tatloKPlori (Sl P)'Get+

. . era1 Rev~dions

. . .'!?-(opPotlXj

. ... .. .+.,. I .' - Under the puttidrilybf the

. .Enyironmental ~~ali'tf~tt,':RS. 3012051

. et ses.. the secretary gives~no~ce~of,p~,o~osed general' rev~s!ons.to:tWe air quality Stcife: km~lementotion Plan"'(SIP). The~rev~sions~include amendii.18ntPt.o various air-quollti: reg~ilutions in iAC'33:l l l.Cha~ters 1; 2, 5,6,'9, '11, 13;'14,,:5, 21, 22; 23,:ond 25; whlchwere'p&\iiou~l~:prbm'15Igated in 2007:~bnd:which were>notprev'iouPlr/ Included In'other 'rev!s!ons tothe'stP.'*, 

### ,....

A publlr'hkari.8,wlII be held on- October.29.



### ..t~mme?k..~'! .!$%@r. posed revisions. Should individuats wlth~a.&lsobillty ,needon.accom- modation. in. order to Participate, .contact Sondra-.Hilton ot the address given below. Two hours of .frewjpprking are allowed -!in- .the Galv.ez Garage withja voiida{e.d'.. parking ticket: -

~ll:interested'per=ons are Invited..+o.,submit wrrtten comments on the Proposed .ZOO7 .Sl p general rev.isions..~.ommerits must be submitted no 1u.ter than ,4130 p.m. .on'November 5, 2008. comments should be mailed ..to SandruHiiton. Office of Environmental Assessm.e.nt, Plan. Dewelopment Spc- tion, .Box 4314,- Buton Rou%. LA 70821-4314 or , faxed to (225),219-3240 or emalled tosondra,ht~- ton@?la.gov.C.opies of this document can be Purchased by contactlng the DEQ.Public Records Center ot (225) 21953168

check or money aide; 1s required in advance for each COPYof the document. 

## Bef re me the 

### undersigned ,authority, personally came and appeared 

# $&4 

# &d&b/, who being duly sworn,deposesand says:
He/She is a duly authorized agentof 

## LA= 

## CHARLES AMERICAN 

## PRESS anewspaper published daily 

## at 4900 Highway 90Easf Lake Charles, Louisiana, 70615. (Mail

### address: 

## P.O. Box 2893 LakeCharles, LA70602) 

## he attachedNotice was published in 

### said

## newspaper

## in itsissue(s) dated: 

### 00476267 

## - $26.00 September'17,2008



## D~Q Authorized Agent Subscribedand sworn to 

### before me on this 

### 17thday of September,2008 at

### Lake Charles,JLA



### 00053262 

# L/ xotary

### Public LDEQ-OSEC-LADA copy of theGeneral revlslonsto the SIP rnav be viewed Mondav

~ .--.. a.m.% 4:50 pim., arthe folloiylng .DEQ..lowtions!:: 602. N ..: :Lifth Street,-BatPn.Rou(le, .LA 7080~; im n~ghwav 546, West Monroe, LA 7l292; 1525~~b'j~.leId Avcinue; shrededart, kA.Ql i01 ; 1301 Gddwall. :Sl:reef, Lake Chorles. .Lh70&15:
111 New Center Drive. Lafayatte, LA70508; 110 Bayaiqrl,a St~eet,. hock- ~ort,+L?t~ba7/L,,ar on 9he Internet 

## . . at

# -- POTPOURRI 

## 1


# Publisher of 

# THE NEWS-STAR MONROE, LOUISIANA PROOF OF PUBLICATION The hereto attached advertisement was 

# published in the NEWS-STAR. A daily newspaper 

## of generalcirculation. 

# LEGAL

# AD DEPT. IWI Stale ImDlemntr. "m PlW ISlP) Glner. a1 Rcyislau lm9Pollj

Mli

### b:k%'k E27 k lDOL It130 p.m. in 

### Lt2A%mBgg!!
en- Room, w N. FHIh Simf ROUDI* ~~l~aian:l'% innwM earsom an kwha M 'dicnd BM WMnlt oral mrnrntnl a Ih offl led rcvk ~imr. wia ~nnvidu a* WUh 4 Maablllty Ilon In oder to mrlici. DII, wnuct smdn Hliion a: lhe 8-rart

ncrman Roblnroh

### 1 CPM Excwtive CDUR~~: SePtembrr 11,2018

# SEP 22 

# ZOO8 LDEQfOSECfLAD REGULATIONDEVELOPMENTSECTION 

# PROOF 

# OF 

# PUBLICATION

STATE LOUISIANA PARISH OF CADDO Before me, theundersigned authority,personally came and appeared

Altheas Critton personallyhownto me, Who being duly 

## sworn, deposes and says that sheis theAssistant to the Classified AdvertisingManager of The Times, and thatthe attached Advertisement entitled: 

## POTPOURRIDepartment ofEnvironmentalQuality 

## Office, of the Secretary Legal 

## Affairs Division 2007 State Implementation Plan (SIP) GeneralRevisions (0809Potl)

.
, 

### As

## per copy of advertisement hereto annexed,

## was published 

## in

The Times onthe following datesto wit: September 16, 2008



# .

. 

## (Signed)

Swornto and subscribed beforeme this 

## 16' day of September,2008

(Notary) DIANAW-BARBER, NOTARY PUBLIC# -1 CADDO PARISH, LO.UISIANA MY COMMISSI?N IS FOR LIFEkerman Robinson{ CPM Executive Counsel 

### i The Tlmes:
. I 

### 'sw.er 16~.aa-L

## RECEIVED

3800 

### HOWARDAVENUE,

### NEW ORLEANS,LOUISIANA 70140-1097 

### TELEPEoNE (504) 826-3206

POTPOURRI Depmtmmntof EdmnrnmncW 

### aw Omeof Soa'ebrv LegalAn& Dlan 2W7 S~B Im-nW Plan (SIP)GanadRsvisum foaoebli) UnderIhw sulholtly or Ule Ernhm- W~UI auJiv A* RS.3~2051 el req. ma wmm g~lr nol~ 01 wbsa9m.J r~~,nn ~o. the air auantv Smk Implemenb lmn Plan (SIP). The raulsbm In- dude amndmmk b +our at quw reguhkm m LAC 33:IIl.Ch.pInm 1.2.5. 8.9.11.13. 14. 15, 21. 22. 23. Md 25. vtiich mn mbudv wmubaled h 

### I ua SIP. 

### /

All Inmmhd -N m 14 to~~mm.nbonttd wrmaed 2001 SIP oendmk
, abN. commrm rmat be Wbml td no IllorWan 430 p.m. on Nc nmhr 5. 2008. Cmd should ba rrUUldm sndn Hlbn mm or Emlmnnmnml ASS& mnl. PIm Dvnbpmal S&n Box 4314 Ban Rowe, LA 70821.4311 ot hxd 10 IZZE.) 21~ 

### State ofLouisiana Parish of Orleans City ofNew Orleans Personallyappearedbeforeme, aNotary 

## in and forthe parish of Orleans,Robert 

## J. Chiasson who deposes and says that he is theAccountsReceivable Manager, ofThe Times-PicayunePublishing Corporation, aLouisiana Corporation,Publishers ofTheTimes-Picayune, Daily and 

### Sunday, of general circulation;doingbusiness inthe City ofNew Orleans 

## andthe State ofLouisiana, 

## and that the attached 

## LEGALNOTICE/(0809Potl) Re:PotpourriDepartment ofEnvironmental Quality 2007 StateImpllementationPlan (SIP) GeneralRevisions Mvertisement of Officeof Environmental Quality

P.O. BOX 4302 

# I BatonRouge, La 70821-4302



## I attest that the copy attached hereto as "Exhibit 

## A" is a true and 

### correctcopy of the advertisement published

## in The Times Picayune on these dates. Was published 

## in

. 

### The Times Picayune

3800 Howard Ave. New Orleans,La. 

## 70125

16t12 Day of

My commission expires at my death. Charles A.Ferguson, 

### JI.. Notary identification

### ~lunlber 23492-- 

### STATE OF LOUISIANA
DEPARTMENT OF ENVIRONMENTAL QUALITY REGULATION DEVELOPMENT SECTION PUBLIC HEARING IN RE: 2007 STATE IMPLEMENTATION PLAN (SIP) GENERAL REVISION LOG # 

### 0809POT1

The Public Hearing held by the Department of Environmental Quality, Regulation Development Section, at the Galvez Building, Oliver Pollock Conference Room, 602 N. Fifth Street, Baton Rouge, Louisiana, beginning at 1:38 

## p.m. on Wednesday, October 29, 2008.

Reported by:
Susan Erkel Certified Court Reporter
In and for the State of Louisiana

9r:=.-, p 

### ~iz(L,$~?b~~~



## NO\/ -i

# 2 2868

IDEWO/OSEC/I.AD REGULATION DEYE~~~~I~VIENTSECT~QN 

## ASSOCIATED REPORTERS,INC. (225)

## 216-2036

### APPEARANCES



### FOR THE LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY: GRETCHEN SONIAT HEARING OFFICER Department of Environmental Quality Legal Affairs Division, 8th Floor Regulation Development 602 

### N; Fifth Street Baton Rouge, Louisiana 70802



## ASSOCIATED REPORTERS,INC. (225)

## 216-2036

### PROCEEDINGS 

### Good afternoon. My name is Gretchen Soniat and I'm employed by the Louisiana Department of Environmental Quality. I'll be serving as hearing officer this afternoon to receive comments regarding proposed amendments to the air and hazardous waste regulations, and the air quality State Implementation Plan. The comment period for this amendment began on September 20, 2008, when the potpourri notice and notices of intent

were published in the Louisiana Register. The comment periods will close at 4:30 P.M. today October 29, 2008 

### for proposed rules HW103ft and HW104ft. The comment periods for proposed rule AQ282 

### and potpourri notice 0809Potl will close on November 

## 5, 2008. 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. This hearing is not being conducted in a question and answer format. Please remember that the purpose of this public hearing is to allow you, the public, an opportunity to
express your thoughts concerning today's proposed amendments. I'll ask that each person commenting come up and sit at the front table and begin by stating his or her name and 

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

### 1 affiliation for the record. 

## 2 The first item on the agenda is potpourri notice
I



## 4 Under the authority of the Environmental Quality Act, 

## 5 R.S. 30:2051 et seq., the secretary gives notice of proposed 6 general revisions to the air quality State Implementation 7 Plan (SIP). The revisions include amendments to various air 

## 8 quality regulations in LAC 33:III. Chapters 1, 2, 5, 6, 

### 9, 

## 9 11, 13, 14, 15, 21, 22, 23 and 25, which were previously 10 promulgated in 2007, and which were not previously included 11 in other revisions to the SIP. Does anyone care to comment on this amendment?

(No response).

/) 

### 14 ~f not, the hearing on the 2007 State Implementation

. -1 

### 15 Plan (SIP) is closed. 16 Thank you for your attention and participation.

(THE HEARING ADJOURNED AT 1:40 P.M.)



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

### CERTIFICATE This certification 

### is valid only for a transcript accompanied by my original signature and official seal on this page. I, SUSAN 

### ERKEL, Certified Court Reporter, in and for the state of Louisiana, as the officer before whom this testimony was taken, do hereby certify that the witness named above, after having been first duly, sworn by 

### me upon authority of R.S. 37:2554, did testify as hereinbefore set forth in the foregoing 4 

### pages; That the testimony was reported by 

### me in the voicewriting method, and was prepared and transcribed by 

### me or under my personal direction and supervision, and 

### is a true and correct transcript to the best of my ability and understanding; That I 

### am not related to counsel or to the parties herein; am not otherwise interested in the outcome of this matter; and am a valid member in good standing of the Louisiana State Board of Examiners of Certified Shorthand Reporters.



### USAN ERKEL ERTIFIED COU .T 

### REPORTER LICENSE NO. 

### 24005



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

### REPORTER'S PAGE

I, SUSAN 

### ERKEL, 

### Certified Court Reporter in and for the State of Louisiana, before whom this sworn testimony was taken, do hereby state on the Record: That due to the' interaction in the spontaneous discourse of this proceeding, dashes (--) 

### have been used to indicate pauses, changes in thought, and/or talkovers; That same 

### is the proper method for a Court Reporter's transcription of proceedings, and that the dashes (--) 

### do not indicate that words or phrases have been left out of this transcript; That any words and/or names which could not be verified through reference material have been denoted with the phrase 

### " (spelled phonetically)

# ."

ERTIFIED COURT 

### REPORTER LICENSE NO. 

### 24005



## ASSOCIATED REPORTERS,INC. (225) 

### 216-2036

### Departmentof 

### Enviromental

### Quality October 29,2008 

### Public Hearing

amendment3

### :9

Examiners

### 5:10

November3 : 

### 15

certification

### 5: 

### 1 Certified 1:12 

### 5:3

comment3:9,11,13

understanding5:8 Conference 1:8 

### REVISION 1:3



### 355

### UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1445 ROSS AVENUE, SUITE 1200 DALLAS,TX 75202-2733



### SandraHilton Office ofEnvirolllnenta.1 Assessment Eilvironmental Planning Division Box 4314 Baton Rouge, Louisiana 

### 70821-43 14 Dear Ms. Hilton: Thank you forthe opportunity to comment on proposed revisions to air quality rules proinulgared 

## inthe LouisianaAdministrative Code (LAC) dtuing 

### 2007. These icc.li,adc: 

### AQ249- Emissions StandardsforParticulate Matter (LAC 33:111.1.323,1325,1327, 1329,1331,1333) -4Q256- Toxic Air Pollutant Program Revision PAC33:111.211,223,551) ,4Q271-Emission Standards for SulfurDioxide (LAC 33:III.1502,1503,1507, 1511,1513) AQ272-Exemption forDrums storingPyrophoric Catalyst (LAC 33:III. 2103) AQ287P-Rulemaking Petition forthe Repeal of LA33:m.510 (LAC 

### 33:III. 603, 605,607,613,615) :MM002-Departmental Designation (LAC 33:III. various). ~~r'&o&nts ,- . 

## . 011

### ,&ese,,~yles follow:

............. ...... , ...



### - ..::
, .. . :: ,

.... , . 9 .:.
. . . ' . '.. - "' .%. :. ,.- 

# -';.;"" "'

. .

. .,.; 

### -
. . <, 

### ~~249- ~misiions

... 

### '~taod$,='$s for~&$ticuliie~%tt&r

. .- 

### PAC33:III.l323,1325,1327,

...

.... ... 

### 1329,.1331,

### 1323.) ; ......... , ... . :.
,
. . 

### . . 

### Thisrevisi6; adds 

# i7h&iV.. i6ctidn on Abrasive Blasting to Chapter 

## 13(~misaon Standardsfor~articulite ~atkr). Activitiesfor abrasive blasting were previously. covered underthis chapter, but,clarification ofthis activitywas needed. By addressing abrasiveblasting specificallyin these sections, this strengthensthe 

## .SIP and thereforewe support

### this change. 

### AQ256- Toxic Air Pollutant Program Revision (LAC 33:TII.211,223,551) The revision to these sectionsmainly concern updatingpast dates, or replacingthe out datedrule language. These revisions are not considered major environmental rule revisions, thus not requiring a1 

### environnlentalhealth and economic cost reporting analysis per State law. Theserevisions will provide for better enforceabilityand practicability ofthe rules. Thus, we do not objectto these revisions. However,we see no need for tl~e Stateto submit'tlie'se~evis'ions as a revisionto the SIP because tl~e Louisiana airtoxic:progam.i$not

### ,arequirement for the 

## SIP which is meant forthe control of

.,-.I, 

### - 'I.+ , 

### ciiteiiapolluta~lts.

### AQ271-Emission Standardsfor Sulfur Dioxide (LAC 33:111.1502,1503,1507, 1511,1513) This revision to the SIP by adding section 1502 would exenlpt SO2 sourcesthat emit less than 5 tonsper year, This is a change from the previously approved rule that covered all SO2 sources. 

### In order to approve this section into the SIP, there would need to be a 1lO(1) denlonstratioilto show that that therevision will not interfere with attainment ornlaintenance oftl~e NAAQS. Otherwise, wewill not be able to approve tlisrule. The otherproposed revisions to Chapter 15 are improvements and will assist in 

### enforcement oftl~e nile. Therefore, we have no objections to these revisions. AQ272-Exemption for 

## Drums StoringPyrophoric Catalyst &AC 33:III. 2103) Chapter 2 1Control ofEmissioil ofOrganic Compounds,Section 2103 Storage'of Volatile Organic Compounds was approvedby EPA on 05/05/94 at 59

## FR 23166; on 07/25/96 at 61FR 38591; and later on 10/22/96at 61FR 54748,respectively. The cun-eiltrevision to section 2 103 concerns exemptingthe d~wns toring a pyrophoric alkyl catalyst froin submerged fill pipe requirementsofLAC33:111.2103.A. The alkyl catalyst is stored in tl~e drums and is very pyrophoric and.could ignite spontaneouslyif exposed to small amount of oxygen,ormoisture. These drums do not qualify as pressure vessels. Any over pressure action 

### in a closed system fed through a submerged fill pipe could lead to materials backing up into the delivery system and possibly overfilling

### the upstream process or facility, thus causing a lifethreatening condition. We understandno actual increase in emissions will be authorized a result ( 

### this n~le revisiou. 

# - The intent behind tksVOC mle revision is to avoid an unreasonable risk to the public health, welfare, and safety. Drums storing the catalyst operate under pernlit 2376-VO issued in April 2006. These containers are located at theVistalon Production Facility, inBaton Rouge, Louisiana. For safety reasons andbased on theunderstandinghatthere 

### is no actual increase

.

, . 

### in emissions, we support inclusion of this revision to section2103 intheLouisiana SIP. AQ287P-Rulemaking petition for the Repeal ofLA33:111.510 

### (LAC 33:III. 603,, 605,607,613,415) since sectioil510was never s~~billitted to EPA as a revision for approvalinto the SIP, and it is a "state only" rule, we have uo objections to its repeal. Therefore, we suggest that this rule repeal revision not be submittedto EPA as a SIP revision. Because the changes to Chapter 6 are eitherreinoval ofreferences to sectioil5 10or the Calcasieu l-ules in section 5 10,we do not object to those revisions either. The revision to Chapter 6 shouldbe submitted 

### as a SIP revision.

### MM002-Departmental Designation 

### (LAC33:III. 

### various) 

### If thisrevisionmerely changes the referenceto various

### DEQ divisions in the regulationsto the statutory officedesignations, this has no effect on the integrity oftlie 

## SIP. We 

### would consider these re~iisions to be minor, administrativeclicmges. The LDEQ cross-walk isrequired by the Louisiana Secretaryof State and the LouisianaRegister laws, We wish to note here the legal requirement for LDEQto prepare and keep such a cross-walk and ask that you submit it as part ofthe SIPrevision submittal. We appreciate the opportunity to comment onthis SIPrevision. Ifwe may be of any assistanceto you 

## in the fi~tie, please feelfreeto contactme or Sandra Rennie ofmy staffat (214) 

### 665-7367. 

### Sincerely,

Guy R. Donaldson Chief Air Planning Section

Cc: Jeffiey Robinson, EPA Region 6

### Summaryof Comments and Response 2007 State Implementation Plan AQ271 Comment: This revisionto the SIPby adding section 1502 would exempt SO2 sources that emit less than 5 tons per year. This is a change from the previously approved rule that covered all SO2 sources. In order to approve this section into the SIP, there would need to be a 1lO(1) demonstration to show that the revision will not interfere with attainment or maintenance of the NAAQS. Otherwise, we will not be able to approve this rule. Response: The revisions to LAC 33:III.Chapter 15 did not exempt additional sources from control requirements. Like the current version of Chapter 15, the SIP-approved version ofLAC 33:III.Chapter 15 allows LDEQ to exempt a source from the 2000ppmv limitation imposed by LAC 33:111.1503.C if ithas the potential to emit less than 250 TPY of S02. Also, in both regulations is aprovision that exempts a source from continuous monitoring requirements if it has the potential to emit less than 100TPY of S02. As such, the rule revision cannot in 

### any way interfere with attainment or maintenance of the NAAQS