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 OF ENVIRONMENTAL 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .l 

PURPOSE 

AUTHORITY 

SUMMARY OF 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 1 1,2 1 1,501, 504, 505, 506, ............................................................ 

APPENDIX B - PUBLIC PARTICIPATION 

Public Notice ...................................................................................................................................... 336 

Public Hearing .................................................................................................................................... 349 

Public Comments & Responses to Comments ................................................................................... 356 

* This rule includes Parts of the Louisiana Administrative Code that are not applicable to air 

quality; the sections that are pertinent to this proposed SIP are listed above. 
OVERVIEW 

PURPOSE 

This proposed State Implementation Plan (SIP) revision incorporates rules 

promulgated in the Louisiana Administrative Code (LAC) during 2007. The submittal 

includes revisions to regulations in LAC 33:III.Chapters 1,2, 5, 6, 9, 1 1, 13, 15,2 1,22, 

and 23 as well as supporting rules not previously submitted. Submittal of this SIP 

revision to the Environmental Protection Agency fblfills an air quality planning 

commitment in the Performance Partnership Grant. 

AUTHORITY 

Revisions or adoptions to the Air Quality rules and regulations are made in 

accordance with Louisiana R. S. 30:2019. The SIP revision is submitted in accordance 

with 40 Code of Federal Regulations (CFR) Part 5 1 Appendix V and policy established 

by EPA. 
SUMMARY OF 

RULES PROMULGATED 
3
Emission Standards for Particulate Matter 

limitations with which an 
which provides for control 

technology requirements and 
Toxic Air Pollutant Program' Revision 

LAC 33:111.%,22f,551 

a1 1 

executive director inbccordance wh State 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 

Department of Environmental Quality 

Office of the 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 13 to 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 of potential 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 to Table 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 to provide 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, 2007 
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 sociaVeconornic costs is 

required. 

Title 33 

ENVIRONMENTAL QUALITY 

Part 111. Air 

Chapter 2. 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 of the 

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. If a facility emits more than 4000 tons 

per year of any single toxic air pollutant, fees shall be assessed 

on only the first 4000 tons. In no case shall the fee for this 

category be 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 18:3 1 

(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. Hazardous Air Pollutant (HAP) Control 

Technology Requirements for New Sources 

A. - B.Similar Source. . . . C. Exemptions and Prohibitions. The requirements of 

this Section do 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 Clean Air Act; and 

3. research and development activities, as defined in 

Subsection B of this 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 

Page1 of15 

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 51 12 

Concise Statement arguments: 

FOR: [The reason supporting WHY the suggestion in the comment should be adopted by DEQ. 

Usually this is the commenter's perspective.] 

AGAINST: [The reason WHY 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 appreciates the 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: $51 07.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 contributed to this reduction. Initially, 

minimum emission rates provided a way to determine if maximum 

achievable control technology (MACT) was applicable and if 

ambient air modeling was required to 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 provisions 
AQ256 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 appreciates the 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 ,this situation 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 be used 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 

demonstrated the 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 is 
AQ256 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 

removes this 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: - The 
AQ256 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. Applicability 
AQ256 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 I TAP emission reports, give public 

notice, and comply with n AA are necessary to protect human 

health and/or the envir nment r ardless of the department's 

RESPONSE 11: s5101 

resources. 

.A 

A 

MACT standards address two 

technical control 

the reporting requirements differ fr 

ing requirements in the 

to comply with the state's 
AQ256 Summary 

Page 8 of 15 

April 23, 2007 

AAS. The MACT rule contains neither 

nor a requirement to submit TAP 

COMMENT 12: 551 07.A.l .a raph are acceptable 

guage would then make 

FORIAGAINST -- The department agrees comment; no arguments are 

necessary. 

RESPONSE 12: 35107.A.l .a - will be made to 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 

ef nition of virgin fossil fuel is not corre 

ill revise the 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 pollutants that are 

generated by onsite 

COMMENT 14: S5105.B 

FORIAGAINST -- The rtment agrees with the comment; no argu nts are 

RESPONSE 

necessary. 

14: 5.B.2 and 3 - Proposed LAC 33:111.5109.A.2 

t 

that compliance with an applicable 

andard is a state MACT. This would be 
AQ256 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 is written. Either delete 

e to require reporting th 

nual TED1 report only if 

quantity (RQ). Report 

burdensome and 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 regardless of the RQ and 

the amount. The existing rule goes beyond 

partment should exercise its inhere 

ry requirements where imposing th 
AQ256 Summary 

Page11 of15 

April 23, 2007 

from a safety relief device, a line or 

\ / 

FOR: The department is req sting rep0 g that is beyond the 

AGAINST: The 

legislative mandate. 

department needs 

i t 

concerning 

discharges of toxic air 

RESPONSE 16: 

COMMENT 17: g5107.~ - Streamline the public notice requirements in thik rule 
AQ256 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: 551 07.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 

$51 11 - This section pertains to: major source permi 

requirements; contents of application for a Louisiana 

and the permit review process. Chapter 5 (permit 
AQ256 Summary 

Page 13 of 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. 

COMMENT 20: §5 

X 

department agrees with the suggestion to 

ery three years since new and more 

to be gathered on the health 
AQ256 Summary 

Page 14 of 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 

Amendments to the Air Regulations 

Comprehensive Toxic Air Pollutant Emission Control Program 

LAC 33:111.221,223,551,5101,5103,5105, 51 07, 51 09, 51 11, 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 

AllDRMYS AT 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 on Proposed Rulemaking AQ256S 

LAC 3 3:III .Chapter 5 1 

Our File 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 (collectively referred to as 

the 44Associations"). The Associations have previously commented on this rulemaking on 

November 2 1, 2005, August 4,2006 and January 3 1,2007. To the extent relevant, those 

comments are again incorporated herein. The Associations appreciate the opportunity to 

comment on this rulemaking. 

Comment 1: The Department should include an exemption in the 'LApplicability'' 

section (5101.A) fi-om LAC 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 of the federal Clean Air Act. Most major sources are subject to one or more 

federal MACT standards set forth in 40 C.F.R. Part 63, which have been incorporated by 

reference by the LDEQ pursuant to LAC 33:III.5 122. The Associations believe this 

exemption is more appropriate in the "Applicability" provision of Section 5 10 1 .A, not in 

Section 5109.A.2, as proposed. The Associations would not, however, be exempt fiom 

fees required by LAC 33:TII.Chapter 2. 

ZZND FLOOR ONE AMERICAN PLACE POST OFFICE BOX 3513 BATON ROUGE, LOUISIANA 70821 PHONE 225.387A999 FAX 225.388.9133 keanmiIler.com 

1182487 

BATON ROUGE NEW ORLEA WgLAKE CHARLES PLAOUEMINE a 
Judith A. 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 5 1. La. R.S. 30:2060.N.2, 

however, recogmzes that federal MACT standards would likely control TAP reductions 

and that the compliance schedule should be the same as the federal compliance ~chedule.~ 

The Associations believe that exempting units fiom Chapter 51 already subject to 

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 included in 

the "Applicability" section of Section 5 10 1 .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 :5 105.B or bv Subsection D of 

this section. . . . 

1 A list of final federal MACT standards can be assessed at htb://www.epa.~ov/ttn~atw/mact~al~h.html. 

2 Section 2060.N.2 provides, in pertinent part: 

The department shall provide technical assistance to affected sources and serve to coordinate 

among similar sources the detedtion of 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, or under development by the Environmental Protection Agency, such sources shall be 

allowed to voluntarily submit compliance plan 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. ... 
Judith A. 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 

protect human 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 should be removed from 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 air modeling 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 

contributed to over a 50 percent reduction of air toxics emissions in Louisiana, the goal of 

the statute has 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 

Louisiana Air Quality Regulations: 

LAC 33 :III.50 1 .B.4.ii - Exemptions Granted by the Permitting Authority 

Currently the criteria of this exemption includes that the source emits or has the 

potential to emit less than the minimum emission rate listed in LAC 33: 111.5 1 1 2, 
Judith A. Schuerman, Ph.D. 

June 28,2007 

Page 4 

Table 5 1.1 for each Louisiana toxic air pollutant. The Associations propose that 

the MER thresholds be deleted fi-om the exemption criteria. 

LAC 33311. 501 .B.5 - Table A (2,3,6,9,10,and 1 1) 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 5 1.1. These sections address the following sources: 1) storage tanks less 

than 250 gallons storing organic liquids having a true vapor pressure less than or 

equal to 3.5 psia; 2) storage tanks less than 10,000 gallons storing organic liquids 

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-om process 

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 solvent has 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 deleted fi-om these 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 an MER be deleted fi-om this section. 

LAC 33:III.S 107.D. Public Notice Provisions 

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 emission unit which would emit a Louisiana toxic air pollutant by 

an amount greater than the minimum emission rate. 

The Associations propose that the public notice provisions section be removed 

fi-om Chapter 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 Department has the authority to require a public 

notice at its discretion. As such, public notice requirements in Chapter 51 are 

redundant and unnecessary to adequately inform the public 
Judith A. Schuerrnan, Ph.D. 

June 28,2007 

Page 5 

The Associations encourage the Department to 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 for the 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 scientific or practical 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" as proposed for the first time 

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

5 103 and that the either of the following be used in Section 5105.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 CFR Part 63, Subpart DDDDD. 

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 Associations have requested that the Department revise the definition of "virgin fossil 

fuel" in LAC 33:III.S 103 to include all plant-produced streams used as fuel. As currently 

proposed in AQ256S, process vent gas cornbusted as fuel at major sources will be subject 

to Chapter 51. The EPA excludes such vents fi-om federal MACT standards due to the 

high efficiency of boilers and process heaters. The Department 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 1 regardless of fuel type. 

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 right to challenge the rule for any failure to 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 further reasoned 

that because such streams are valuable as &el, the facility would 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 

efficiencies as sources that combust virgin fossil fuels, it makes no sense for the LDEQ to 

not exclude these fuel streams fkom the requirements of LAC 33 :III.Chapter 5 1. For this 

reason, the Associations strongly encourage the Department to adopt its proposed 

language to Section 5 105.B.2.c above. 

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 5 1.1 or 5 1.3 that are generated by 

onsite operations, and used as fuel." This exemption, however, is not broad enough to 

exempt the large majority of combustion units 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 liquid petroleum gas, natural gas, distillate fbel oil, diesel fuel, and refinery 

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 

suggested above in 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 emissions fi-om these sources. 

Comment 4: The Associations request that the LDEQ delete references to 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 

following Table 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 5 1.3 in Section 5 1 12. The Associations believe that there 

is no justification 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 

footnote to Table 5 1.3, 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 annual reporting requirements of LAC 33 :III.5 1 07. 

The above position is supported by both the "Louisiana Air Toxics Annual 

Emissions Report," 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 % of the total air emissions reported." (emphasis added). 

Based on this background and the extremely low contribution to total TAP 

emissions, the Associations request that these supplemental pollutants not be required to 
Judith A. Schuerman, Ph.D. 

June 28,2007 

Page 8 

be reported on the TEDI. If the Department decides not to remove Table 5 1.3 from the 

mual reporting requirements, the Associations request that the Department justify 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 "if it can be measured and can be reliably quantified using good engineering 

practices." The Associations believe that the LDEQ should only require reporting 

of discharges from the specified equipment if greater than a reportable quantity. 

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 included in the TEDI. In addition, the level of detail requested 

in Section 5 107.B.A.b.i-iii is overly broad and burdensome. 

The statutory authority for the TEDI report is set forth in La. R.S. 30:2060.E and 

provides the following mandate 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 air pollutants, 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 

accessible form. 

La. R.S. 30:2060.H. 1 requires the following release notification requirements: 

For any discharge of a toxic air pollutant into the atmosphere of Louisiana, 

the rate or quantity of which is in excess of that allowed by 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 5 107.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 air pollutant" should be included on the TEDI regardless of RQ and 

without any regard to amount. Furthermore, the LDEQ has not demonstrated how the 

"identity of the source," the "date and time of the discharge," and the "approximate total 

loss of the discharge" are even used by 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 such requirements 

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 statutory command 

is not an ability to depart from the statute, but rather a tool to be used in implementing the 

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 can be waived if it is too costly in terms of agency reso~rces.~ 

Likewise, in Environmental Defense 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 ,forth in 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, including E.I. du Punt de 

Nemours v. Train, 430 U.S. 112, 128 (1977); Chemical Manufactures Ass'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, 82 F.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 

found that EPA may create waivers or exemptions that "impart . . . a construction of 'reasonableness' to 

the standards as a whole and adopt . . . a more flexible system of regulation than can be had by a system 

devoid of 'give"'). 
Judith A. 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 Mle results, 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 

legislative design." 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 

5 107.A. 1 .b altogether, or at a minimum, change the regulation as suggested below. This 

limitation will ensure that the LDEQ is provided useful and meaningful information in a 

timely manner by the regulated 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 quantity in LAC 33 :I.393 1 -, must be 

reported to the department in the annual emission report. Tkc-wt 
Judith A. 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 3 LChapter.3 9. 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. 5 107.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 

requirements set forth 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.5 107.D is duplicative and unnecessary. Proposed LAC 33:III.5 107.D 

would require the following public notice provision: 

D. Public Notice 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 

of the Clean Air Act. Thus, major sources of federal HAPS will also be major sources of 

state TAPS for many facilities in Louisiana, and, therefore, be subject to the Part 70 

Operating Permits program 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 

of Part 70 permits (LAC 33:ILI.53 1 .A.2.b); and (3) significant modifications to 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 significant modification 

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 operating permits 

program on September 12,1995. See, 60 Fed. Reg. 47,296 (Sep. 12,1995). 

6 "Title I Modification" is defined in LAC 33:111.502 to mean: 

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 of the following descriptions . . . 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 

of the Clean Air Act. (emphasis added) 
Judith A. Schuerman, Ph.D. 

June 28,2007 

Page 13 

In summary, the Associations believe that all public notification requirements are 

already adequately addressed in other public notice provisions and that a special public 

notice provision for TAPS is 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 Department to use 

this provision, when necessary, and delete all public notice requirements fiom Chapter 

< 1 

Comment 3: 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 of the 

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 such mechanisms. 

Comment 9: The Associations support the proposed changes to Section 5109.D.1 

concerning compliance timing. 

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 of the plan. Compliance could not 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 executed the plans per the required schedule. Compliance plan 

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 

independent reliance on compliance plans in the future serves no useful purpose. 

Comment 10: The Associations request that the permit requirement and 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 33311.5 11 1 will still address major source permit requirements, 

and the contents of permit applications. The Associations believe that both of these 
Judith A. 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. 170 1. 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 51 1 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 already been submitted, a separate permit review process within Chapter 5 1 is 

no longer necessary. 

In the alternative, if the LDEQ determines that specific permit requirements for air 

toxics are needed (which the Associations believe are unnecessary for the above reasons), 

then these requirements should be 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 same regulatory action that precipitates the 

need for additional controls. 

Finally, the Associations object to certain information requested in proposed 

Section 51 11.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 51 11.B.3.b should be 

removed from the final rule. To the extent this information is relevant to emissions, it 

should already have 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 actions by either the owner or operator 

could be a huge undertiking for larger facilities, depending on how the Department 
Judith A. 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 these purposes. 

Conclusion and Incorporation by 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 are justified since the adoption of the Title V program and the promulgation of 

the numerous federal MACT 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. 

Very truly yours, 

Kyle B. Beall 

cc: Henry Graham, LCA 

Richard Metcalf, 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: 

ASSOCIATED REPORTERS, INC. 

225-21 6-2036 

124 180d204o3193-43~1-bOf4-0b6fd2ffifO95 

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Department of Enviromental Quality January 24,2007 Hearing 

'I 

\,/, 

Page 1 

1 DEPARTMENT OF ENVIRONMENTAL QUALITY 

2 m6 

3 

4 

5 

6 

7 

8 

9 

10 

TARA TORRES 

11 CERTIFIED COURT REPORTER IN 

AND FOR THE STATE OF 

12 LOUISIANA 

13 

14 

15 

16 

17 

18 

19 RECEIVED 

20 FEB 1 6 2007 

21 LDEQ/OSEC/U\D 

REGULATION OEVELOPMENTSECT~ON 

22 

23 

24 copy E ( 25 . I 

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Department of Enviromental Quality January 24,2007 Hearing 

ASSOCIATED REPORTERS, INC. 

225-2 16-2036 

125 

INDEX 
Department of Enviromental Quality January 24,2007 , ~earh~ 

1 MS. STEPHENS: 

Good afternoon. My name is 

Page 3 

. 

Sandy Stephens and I'm employed with 

3 

8 

1 

c 

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'all of 

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 

dmbb"+. r-.,im*U %a=- 4->.A .; W%..% ->--3: _. i'.B-*-WIY..- --U-.r*Y-ad-- *^.- ---- i %,.i&s.l.a, --..,- i" " 

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ASSOCIATED REPORTERS, INC. 

225-21 6-2036 

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 

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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 

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17 the Record. 

18 The first amendment on the 

19 agenda is designated by the Log 

20 Number AQ256. 

21 The airstoxic rule has been in 

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 

.. . . . ' . . - . . " ., , ., ' ",-." :,, ,.,,.>,,. . ..,..: ": .,.,,: .,.",;,,,*.;-4" -,,. ,,..,a,,,c~~~LU'dm~~UMUM:UMUMUM'h :..~~*mdtll**i~~.t..ttt'.~:~

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Department of Enviromental Quality January 24,2007 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 

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Department of 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's willingness 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 of Enviromental 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's plan 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 

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Department of Enviromental 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.stimony was 

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. 

225-21 6-2036 

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 . 

16 

. . 

17. 

. . , . 

. 1-8- . . 

' 19: . . . . 

. . . '20 

, . 21. . . 

22 

23 

24. 

25 

\ .. 1 j '4 . . . ASSQCZA.TEZD -iE.EPOETEBS9 INC- .. , . . . 

. . ' (504' 529-3355 >. . . . 

', . 

. . . . 

. . . . . . . .. 

. . .133. . . , 

. . . . .. .. . . . 

Examiners .of Certif . . 

. - . . 

... , 

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

. . . . 

.Cert,i'f ie.d Court Reporter - . . . . . . . . . . . I. 

. , . . . . 

. .. . ,:. 

. . 

. . . . 

. . . . 

. . 

, .. 

. , . . . .-i : . . -.. ?. I. . . . . . .. . . . . . .. . . . 

. . -. . .: i...;.. .i. :.., . . 

. . 

. - . . 

. . 
The air Dxb ~b hababbn in 

effect for 1s -.n 

c0nt.i~ .dated unguc$Z2i nee& to be~~.or modC 

fdtlpdaungJhe n4i* add- rsquerts trwn4lKkBby to stravnllne .the dr, Thin nala 

JAN 3 0 2007 

.@EG/OCEC/I.AD 

REGUl.ATIOf4 bE/93Pi8iilIT SECT ON 

Publisher of 

THE NEWS-STAR 

MONROE, LOUISIANA 

PROOF OF PUBLICATION 

The hereto attached advertisement 

Was published in the NEWS-STAR 

A daily newspaper of general circulation. 

Published in Monroe, Louisiana. 

Parish of Ouachita in the issues of: 

LEGAL AD DEPT. 

Sworn and subscribed before me. by 

The person whose signature appears above in 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: 61 2072 

OSEC/Legal Affairs Division/ Ad Total: $72.35 

Regulation Development Section ' No. Reference of Lines: No.: Visa 155 Purchase 

P. 0. BOX 4302 '70 insure proper credit please refer to your account number 

Baton Rouge, LA 70821-4302 andlor ad number when 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 .knowledge and 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 THE ADVERTISER 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 

(LAC 33:111.211, 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 made to ex- empt vlrgin foss~l fuels 

?as, streams not coy alnlng TAPS at chemtcal plants 
JUN 2 2 ?OD6 

LUCO!I\SCCiiAliU 

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

( A COITCC~ Copy of Publication ) 

POTPOURRI 

Department of 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 SliP d in the LOUIS^- 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 plans and cwttfificatlons of ,mmpliancei : ,.., . , 

Exemption of area sources from submrtting TEDIi,,and 

~evisim'bf '$ubtic .nlr 

tice reauirements. . . . , ,. ?. . -. ,. .: . , . ;.:> ?' ' 

All ,Interested persons are. encouraged to 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 TAPS at 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 swear that the 

Public Notice 

advertisement, as per clipping attached, was 

published in the regular and entire issue of said 

newspaper, and not in any supplement thereof 

for one insertions commencing with the issue 

dated June 17.2006 and inding with the 

issue dated June 17. 2006. 

Subscribed and sworn to 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 Rulerna kln~ 

and Solicltatlon of Com- 

<ents,on Toxic Air Pollutant Program Revlsipns Log #AW6 .[LAC 33: 11 1.21 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. . OfYicial rulemoklne wlll 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): ', 

.~liminaiion 0f:obsoleterule language and 

rhst. rlile language 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, the ex- 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 TAPS at chemical 

p6nts;. 

.Advoncine the submittal of the.Toxlc Emsslons Dota .lnventorY 

(TED!) to not later than 

March 31 of each Year; .~xe.mption. of area sources from submlttlns 

TEDI' and . ..~edsion of public noSTATE 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 agent of 

LAKE CHARLES AMERICAN PRESS 

a newspaper published daily at 4900 Highway 90 East, 

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 

. REMENDER WEATHERSPOON 

P.O. BOX 4302 

BATON ROUGE, 70821-4302 

.Li..$,$,- 1 

Duly Authorized Agent 

Subscribed and sworn to before me on this 16th day of June, 2006 at 

Lake Charles, LAY 

LA. DEQ OSEC/LARD 
All 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~lease conwrt, LA 70374: ' . .Herman Robinson, .CPM -. ... 

Executive Counsel 

dune 16 It 

m64W 
RECEIVED 

JUH 1 9 2C ..... r . . . .. POTPOURRI ........ .... ... LDECl/OSEC/LARD ..: 

. . 

REGUMTION DEVELOPMENT SECl 

Oeparhnenl of 

Environmental Ouai'ity 

Ottiee Legal Afalrs o the C+c@uy Dlv~ston . + 

PROOF"OF .~ PUBLICATION . .. . 

advanced ,~olice of' 

Proposed Rulemaking and Solicitation of 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 ~ouiiiariadepartment of EnvifonmBntel 

Quality is daveioping.re- visions to th.e.A,\r;T~$c ; 

Rule and to.the come- ., spondin'g portions:of. the-:. tee rule in UG '"r = 

33:111.211; 223,.551, and 

Chapter 51 ,;Subchapter 

A (AQ256). This 1s a pre- liminary,sif@ in !he 

wlemaklng process Mficia1 rulernabng;wlll be Initiated .after .rewew:and . coriside(ali6n:ofl~e' 

comments pceived'on ' ., this advan&. @i+. 

Ttie bo6current~reV1eW~of 

the ambient!air standards thal.was an;, : 

riounced l'ri tlie ppviods potpou.m'rio)ice published In thkLouisian$Rbg- ister on Septemberp, 2005 will bepropoged as a $ep&atb. " .' "'. ' 

, ~lemaking'al'alaler . date; Themajor deft re-' 

.;..; visions. incF$e (in y. :. partt$$ypr$er?;' .' ? . ' 

"- ~ll~iil.&tion 01 obsoble 

rule language and most 

kle language conce'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, oi the. ex-,: emption for.,electric : :te$n;gener5ting ikiitj; 

Application ofamb~ent 

air standards to all sour- . Ges of toxicair pollutants 

(TAPS); ...... Additlp" mads id'Q~- . empt virgin foss~l fuels . : gas slreams not.containinu TgPs at chemical 

flints; ' . ' Advancing Fe submit- ! lal oi the TOXIC Ern@- : sions Dafa Inventory (TEDI) to not later than 

March 31 of each year; Exemption ofarea sources tmm submriting TEDI; and 'a Revision ofpublic, no- tice requiremenls., ,, ,. . ...... 

. . 

STATE OF LOU~SLA&JP;~ ..:, . -'. ... l,;j,:, - .. ' . . -> .. i .,. .... .. ..) .:. PhSH . . / OF CADDO, , :"!,.: 

........... ;. ...... ...... .... .......... ..,). .<: '.' :. .. .z ...... 

Before me, the hiJf~i@ed ... .., ..!a ... :- i i~thority, .. personally came and appeared :,.'p:.%,.:,- ' .......... <..+ . < - . 5 .... ,:....' . , 

.... 

Altheas Critton, 7;: ........; .,i :. ., ! ,.: :.,. ,:. . personally known to me, ' ' :.: .' .. . >.:,:.. ' .':. ...... ,. ... 

.; 

..... , : 

....... :. !. 

Who being duly sworn, ........ deposes ,:. "and says that she is the 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 Quality Office of the , .. ...,!?. ... :, .:;,*.>; ....... 

Secretary ~e~al~~ffaxrs ..... Division (0606Potl) ., >*<, . .' .......... 

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Sworn to and suqscribed . .:. bef~re .... : ..... . me this 14~~ day of June, 2006 

I. 

MANA W. BARBER, NOTARY PUBLK: ;Y 60491 ' 

CADDO PARISH, LOUISIANA 

MY COMMISSION IS FOR LIFE 

II::.~ 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 rxice ot the Seuqarv State of Louisiana -1 Analn Dindon 

Advanced -Notice 01 Proposed Rulemekin and SollcltallOn of cornmetif .oiiTT.dxlc Air Poilulant Program Revisions 

Parish of Orleans 

Log IA 256 {LAC 33:111211 223' .551, ,109, 5105 '5107, 5109,'5111: 5112) ~0606~011) 

The ~ouisianabiiii~ment of. City of New Orleans Envir~nmenlar Qualllv is developing - revlsjons td Ihe Alr T 0.x 1.c.: R ul n d lo the corriisP6?din.9 parlions of Ihe fee rule ~n LAC :~~:III 211 213. Personally appeared before me, a Notqr in 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. Chasson who deposes and 

Otficial ruiemaktno will be lnllialed 'after:'revitw and ' consideralion of .the comrnenls 

says that he is the Accounts Receivable ~ana~er, of The received on. this advanced notice. The concurrenl review of Times-Picayune Publishing Corporation, a Louisiana the amblenl-sir standards thal was snriounced In !he Previous, polpaurrl nolice wbllshed In Ihe Corporation, Publishers of The Times-Picayune, Daily and Louislan.a-.'Re isler on September 21l'905 kill be propos.ed. a; 'a, ;¶le Sunday, of general circulation; doing business in the City 

ruiarnakinft.a,l:a,(oater daie. Tle maior dra revis nr ~ncludc { n of New Orleans and the State of Louisiana, and that the no padkular order); .:'" ' 

. . Fllrirlnallon of ,obsglSte,:rulc fang urge 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;ambi6t alr 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 LEGAL NOTICE 

Re:Potpourri Advance Notice of proposed Rulemaking & 

Solicitation of comments on Toxic Air Pollutant AQ2.56 

Dept. Of Environemental Qualify Advertisement of 

P.O. BOX 4302 

Baton Rouge, La. 70821 -4302 

Was published in The Times Picayune 

3800 Howard Ave. 

I should be rupm~tted to James New Orleans, La 70125 

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 Rules and 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 ~hreveborl LA 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 my death. Baralaria sireel, ~ockpof'~, LA 70514. Herman RoMnson CPM Executive Cbunsel 

Charles A. Ferguson, Jr. 

Notary identification number 23492 
NOTICE OF INTENT 

Department of Environmental Quality 

Office of the Secretary 

Legal Affairs Division 

Comprehensive Toxic Air Pollutant 

Emission Control Program 

(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 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 33:111.221, 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 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 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. 

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 described in 

R.S. 49:972. 

Title 33 

ENVIRONMENTAL QUALITY 

Part 111. Air 

Chapter 2. Rules and Regulations for the Fee System 

of the 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 

Modified Permit Fee (based on type 

of facility and on rated production 

Variable 

Variable 

Variable 

capacitylthroughput) 

PSD Application Fee (based on 

type of facility and on rated 

production capacitylthroughput) 

Surcharge of 50% of the 

application fee when a PSD 

permit application is being 

"NESHAP" Maintenance Fee 

(based on type of facility and on 

rated production 

capacitylthroughput) 

equipment subject to NSPS 

regulation 

' Fees shall be assessed on major sources as defined in LAC 

processed 

Surcharge of 25% of the Annual 

Maintenance Fee for that 

particular processlplant to be 

added to the AMU~ Maintenance -. -. 

"NSPS" Maintenance Fee (based on 

type of facility and on rated 

production capacitylthroughput) 

33:111.5103. Sources that have reduced emissions below major 

source thresholds are not required to submit annual emissions 

reports in accordance with LAC 33:111.5107. 

Fee 

Surcharge of 25% of the permit 

application fee to be charged for 

any pennit application that 

includes the addition of 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. ... AUTHORITY NOTE: 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 199 l), LR 1 8:706 (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 of the 

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 single toxic air pollutant, fees shall be assessed 

on only the first 4000 tons. In no case shall the fee for this 

category be less than $1 32. 

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, 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 December 20, 2006 
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 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.Simi1ar Source. . . . 

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) of the 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 Ofice of the 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 

fkderal law. 

Louisiana Register Vol. 32, No. 12 December 20, 2006 4@!3 
Rulemaking Petition for the Repeal of LA 33.III.510 

(LAC 33.111.603,605,607,613,615) 

EDUCATION 

4. Publishers must local school systems, in 

writing, of the need to h les returned. If notified by 

5. Publishers necessary arrangements 

for sample returns at 

Publishers' Responsibilities 

d. Publishers shall not contact 

. This does not prohibit publishers from 

at conferences materials 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 the benefit 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 

Calcasieu Parish Control of Emissions 

(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 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 promulgated in 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/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 

iE#k Louisiana Register Vol. 33, No. 10 October 20, 2007 
the 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 for the 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 of banking. 

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 of the 

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 October 20, 2007 fE% 
AQ287P Summary 

Sept. 10, 2007 

Page I of 3 

Comment Summary Response & Concise Statement - 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 

Concise Statement arguments: 

FOR: [The reason supporting WHY the suggestion in the comment should be adopted by DEQ. 

Usually this is the commenter's perspective.] 

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

.OMMENT 1 : - The department is commended for honoring the 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 process without 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 

initiate formal rulemaking and the date of the repeal should be 

made retroactive to 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 33:111.510 will 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 relating to 

Section 510 is impossible to calculate. However, companies 
AQ287P 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 51 0 

would be irrelevant because Calcasieu Parish would be subject to 

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 33:111.510 will 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 51 0 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 repealed 
AQ287P 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 # 

1 and 5 

SUGGESTED BY 

Larry DeRoussel / Lake Area Industry Alliance 

2-4 Richard T. Metcalf / LMOGA 
LOUISIANA MID-CONTINENT 

OIL AND GAS ASSOCIATION 

80 1 NORTH BOULEVARD, SUITE 201, BATON ROUGE, LA 70802-5727 

June 1,2007 

Ms. Soumaya Ghosn 

Louisiana Department of Environmental Quality 

Public Participation Group 

P.O. Box 43 13 

Baton Rouge, LA 7082 1-43 13 

Re: Petition to for Rulemaking to Rescind LAC 33:III.S 10 

Dear Ms. Ghosn: 

The Louisiana Mid-Continent Oil and Gas Association appreciates the 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 individuals and 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 

refineries that are affected by the Section 5 10 rule 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 granted by 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 Calcasieu Parish was experiencing exceedances of the 1-hour ozone ambient air 

standard after having previously having attained that standard. Most participants in those meetings 

felt the exceedances were being caused primarily 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 of those discussions. 

Section 5 10 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 

same time 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 5 10 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 subject to the Section 5 10 permitting provisions. 

Retention of the Section 510 rule places Calcasieu Parish at a competitive 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. While a direct monetary 

impact of the rule is impossible to calculate, the impact is analogous to those that might be 

imposed by higher taxes, utility costs, labor costs, etc. Companies seeking to invest in an area take 

these and other factors, including environmental rules, into account when choosing the location for 

their investment. 

Section 5 10 is also irrelevant if Calcasieu Parish is designated nonattainment in the future through 

the imposition of a stricter ozone standard. Should this occur, Calcasieu Parish sources would be 

subject to the Section 504 Nonattainrnent New Source Review Procedures. Since the provisions of 

Section 504 are more stringent than those of Section 5 10, Section 5 10 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 appreciates the opportunity to submit these comments. 

Sincerely, 

Richard T. Metcalf 

Health, Safety and 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 

REGUMTION DEVELOPMENTSEC 
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 ENVIRONMBWAL QUALITY . . 

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 OF ENVIRONMENTAL QUALITY 

***** 

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 

ASSOCIATED REPORTERS, 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 

ASSOCIATED REPORTERS, TNC. 

266 
DEPARTMENT OF ENVIRONMENTAL 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 
DEPARTMENT OF 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 
DEPARTMENT OF ENVIRONMENTAL QUALITY 

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 
DEPARTMENT OF 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 
DEPARTMENT OF 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 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 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!, 

$.L:il;,,,:.\. , , , .; : ,.CCCiRlo Co~lrt Reporter . .+; ) .-::in 2nd c): it,!: Z!g:t? oi Louie~ana *!, .: .$.: .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~ons of 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 33111 510 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 in 2004. 

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 submitted to 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 determied to 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 In the 

Galver. '~arage .is free 

wlth a validated park- ing ticket. 

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 k30 p;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 go e urchased by Contactkg the 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 Sales Mma~es 

of THE TOWN TALK, published at Alexandria, 

. Louisiana do solenmly swear that the 

Notice of Intent (AQ287P) 

advertisement, as per clipping attached, was 

published in the regular and entire issue of said 

newspaper, and not in ally supplement thereof 

for one insei-tion(s) coinn~eilci~lg with the issue 

dated July 5.2007 and ending with the , 

issue dated July 5,2007. 

Subscribed and swoill to 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 DEVELOPMENT SECTlop 

I 

STATE OF LOUISIANA 

PARISH OF CADDO 

Before me, the undersigned authority, personally came and appeared 

Altheas Critton personally known to me, 

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

Classified Advertising Manager of The Times, and that the attached 

Advertisement entitled: 

NOTICE OF INTENT (AQ287P) 

As per copy of advertisement hereto annexed, was published in 

The Times on the following dates to wit: 

July 3,2007 , 

(Signed) 

Sworn to and subscribed before me this 3d day of July, 2007 

ALTHE4 C.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~s In Louisiana thal are current iy in attainment with 

the National Ambient 

Air Quality Standard for the air pollutant i - ozone. i 
This 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 

parking ticket. 

. 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 in THE 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 

Exeartlve counsa 

RECEIVED 

JUL 2 3 2007 

LDEWOSEC/LAD 

REGUMTION DEVELOPMENTSECTION 

REMENDER WEATHERSPOON 

PO BOX 4302 

BATON ROUGE, LA 7082 1 
3800 HOWARD Am, NEW ORLEANS, LOUISIANA 70140-1097 TELEPHONE (504) 826-3206 

State of Louisiana 

Parish of Orleans 

City of New Orleans 

Personally appeared before me, a Notary in and for the 

parish of Orleans, Robert J. Chiasson who deposes and 

says that he is the Accounts Receivable Manager, of The 

Times-Picayune Publishing Corporation, a Louisiana 

Corporation, Publishers of The Times-Picayune, Daily and 

Sunday, of general circulation; doing business in the City 

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

attached Legal Notice 

RE: Notice OF Intent Repeal of LAC33:11..510 (LAC33: 

III.510,603,605,607,613,and 61 5) (AQ287P) 

Advertisement of Office Of Environmental Quality 

Post Office Box 4302 

Baton Rouge, Louisiana 70821 

Was published in The Times Picayune 

3800 Howard Avenue 

New Orleans, Louisiana 70125 

On the following dates July 5,2007 

1 0th Day of July, 2007y- / I 

My commission expires at my death. 

Charles A. Ferguson, JI. 

Notary identification nunlbe~ 23492 
?$" 

Affidavit of Publication 

KtGkIVkU 

JUL 1 2 2007 

LDEQ/OSEC/LAD 

REGUMTION DEVELOPMENT SE 

NOTICE OF 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: 11 1.510, 

603, 605, 607, 613, and 615 

(LW +AQ287P), 'This role re~eols and 

deletes references to 

LAC 33: 11 1.510, 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 in 2004 

The Lake Area Indust& 

Alliance (LAlA) submitted o Petition for rulemaking to the deoart. 

ment requesting the rePeoi of LAC 33: I I 1.510. 

The membership of 

LAIA conslsts of.23 ma- lor industrial facilities 

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 review of the 

relevant air quality information for Colcosieu 

Parish, the department 

has determined to proceed with the repeal of 

LAC 33: 11 1.510. 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- lutant ozone. 

STATE OF LOUISIANA 

Parish of Calcasieu 

came and appeared 

dho being ddly sworn, deposes and says: 

HeIShe is a duly authorized agent of 

LAKE CHARLES AMERICAN PRESS 

a newspaper published daily at 4900 Highway 90 East, 

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: 

00366446 - $46.00 

July 9,2007 

~ulj Authorized Agent 

Subscribed and sworn to before me 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!3THERSPOON 
Thls proposed rgle 

meets an exception Itstcd in R.S. 

%:ibi9(~)(2) and R.S. 

~953(G)(3); therefore, nd report 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 invited to 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 In the 

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 

00366446 
Acadianals Daily Newspaper 

THE ADVERTISER 

1100 Bertrand Drive 

LAFAYETTE, LA 70506 

ncbT1 v I=U 

JUL 1 6 2007 

LDEWOSEC~LAD 

REGULATION DEVELOPMENT SEC 

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 proper credit please refer to your account number 

Baton Rouge, LA 70821-4302 andlor ad number when making 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 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 

P rovides 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 proR osed 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. This proposed 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. LA 70374; 645 N. Lotus Drlve, Sulte 

C, . Mandevllle, LA 

70471. 

~ . ~.~ 

Hermart Robinson, 

CPM 

Execut~ve Counsel 
kStlth 

for Economic Development 

Ms. Sounaya Ghosn 

Public Participation Gro~~p 

Louisiana Department of Environmental Quality 

P. 0. Box 4313 

Baton Rouge, LA 70821 -43 13 

original to =Acopy to 

1l1e Board of Directors of the Sou~thwest Louisiana 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. 

Calcasieu Parish has been in Ozone Attainment since 2001 and collsequently Section 5 10 

is not necessary. The rule applies only to Calcasieu Parish and places 1ocal.industry at 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 economic viability 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 local industry economically viable by rescinding Section 5 10. 

Si cerely, $ /)Tt$ 

beorge Swift 

Executive Director 

The Southwest Louisiana P'artllership.for Ecoilomic 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 of Environmental Qudity copyio i3c-/6/10s4 

P. 0. Box 43 13 y p- rt.lPLXV 

,F, r~ +R +JLUQA~W

Baton Rouge, LA 70821-43 13 

The Board of Directors of the Chamber SWLA stands in favor of rescinding LAC 33:III 

Section 5 10 in the name of ecollortlic growtl~ aud development in Calcasieu Parish. 

Calcasieu Parish has been in Ozone Attainment since 2001 alcl consequently Section 510 

is not necessary. The ide applies only to Calcasieu Parish :and places local industry at a 

great disadvantage relative to their competitiveness at a national md global 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 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 viable by rescinding Section 5 10. 

diair, Cllanber SWLA 
DAN S. BORNE 

PRESIDENT 

June 4,,2007 .. . COPY LC 

origina I to .-- L 0 A 

Dr. Mike McDaniel, Secretary 

Louisiana Department of Environmental Quality 

P. 0. Box 4301 

Baton Rouge, LA 70821 -4301 pcrfP4-j ur ;fw 

sch'~et'-ma/. 

Dear Dr. McDaniel: 

The Louisiana Chemical ~ssociation (LCA) supports the petition to rescind 

LAC 33 : 1 1 1.5 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 would be impacted by the proposed action. 

LCA believes the Calcasieu Parish)area has 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 

environmental and economic benefits 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. Soumaya Gllosn (Louisiana DEQ) 

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 

Baton Rouge, LA 7082 1-43 13 

Attention: Ms. So~unaya Ghosn 

RE: Comments on Petition for ruIemaking to rescind LAC 33:11[I.510 

After review of the petition to rescind LAC 33:m.510 we would like to voice our 

comments in support of this petition. It is clear that section 510 ~ule was implemented as an 

interim plan proposed by the LDEQ to ensure that Calcasieu Parish did not trigger ozone nonattainment status. Calcasieu parish has had six Ozone exceedance days over the '1 998 to 2000 

time kame, but it was abundantly clear from the meteorological data that most of these 

exceedance days were due to a transport phenomenon from the Houston / Port Arthur areas. 

Since that time Calcasieu Parish has been in compliance with the requirements of attainment 

for both the EPA l-hour and 8-hour standads. Additionally the fact that we are designated "in 

attainment" under all the standards make this 51 0 nlling unnecessary and voids the necessity 

for Cdcasieu to stay under the State Implementation Mamtenance Plan. 

The 5 10 off set rules will hinder our economic growth as an industry because the plan 

currently does not include any avalable offsets. This means that there can be no new 

ad&tional projects in the area without closure of existingfacilities which essentially means 

negative growth. We believe that this will in turn create an ~mdue burden on the economy of 

the local community and surrounding area. 

It is to be noted that the air quality mo~litoring data supports the fact that Calcasieu 

Pansh NOX and VOC Ievels are well 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 does not seem to be in the best interest of all 

our citizens. 

Thank you for the opportr~nity for public comment. 

Site Manager 

Basell USA hc. 
.- 

JUN 0 2007 

DEPT, OF ENVIRONMENTAL QUALITY 

OFFICE OF ENVIRONMENMC BERVlGdl 

PERMIT DlVlllON 

BioLab, lnc. 

A Chemtura Company 

P.O. Box 520 

Westlake, LA 70669 

337-433-3030 tel 

337-433-0334 fax 

May 3 1,2007 

Ms. So~~nlaya Ghosn 

LDEQ Public Participation Group 

P.O. Box 4313 original tr /& 

Baton Rouge, LA 70821 -43 13 -'-.=-------~--2, 

Dear Ms. Ghosn, copyi~ -t$$f A~~SP? . P lurrrp~&" n2. &.b ~kdWCy 

Pursuant to the petition provisions of LAC 33: Section 9, I am writing to fomdly request that 

LAC 33: Section 510 be rescinded. The potential economic impact of the rule is an impact of 

considerable concern to BioLab, Inc. 

The fact that Calcasieu Parish is designated ccattainment" and that VOC and NOx levels are down 

makes Section 510 unnecessary. The fact that there are no 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 local plants, &d as result the local community of 

Calcasieu Parish and the surrounding area. 

When meaningful projects present themselves at BioLab, our window of opportunity to acquire 

funding is very narrow, as we compete for capital funds with our sister plants throughout the 

corporation. In comparison, the timeline for changing rules and regulations can be lengthy. So if 

a rule or regulation is unnecessary and can have negative impact on a project, BioLab cannot wait 

until a meaningful project presents itself to start the process of petitioning for change. 

A review of various state and federal rules and regulations has shown that there are sufficient 

other requirements in place to maintain emissions at levels that will not be de-ental to the 

general environment and the triggering of ozone. In addition, subsequent to the adoption of 

Section 510 in 2001, other rules and regulations have generated emission reductions to a degree 

that make it impossible to £ind offsets to meet the requirements of Section 510. 

Air quality data from the LDEQ7s monitoring activities as'well as air quality data taken from 

LAXA ambient air monitoring sites have demonstrated that emissions are below state standards 

and ozoile is iu compliance with the I-Hour Ozone Standard as well as the 8-Hour Ozoile 

Standard. 

Favorable consideration of this petition to rescind Section 510 will greatly improve the potential 

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 Lake Area 

Industry Alliance (LAIA). As you'know, MIA has petitioned LDEQ to rescind 

Section 510 of the Ozone Maintenance Plan. We are not asking to rescind the 

entire plan, only Section 51 0 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 projects for the Lake 

Charles site. I believe that we can continue to be excellent stewards of our 

natural resources and allow for economic expansion, but 1 think rescinding 

Section 51 0 will help. Most products have a life cycle. It is important that we 

'have opportunities to build new plant processes to expand and to replace 

. processes that have come to the end of the life cycle. 

Our environmental performance continues to be excellent. We will continue to 

seek methods to im'prove on our performance. Rescinding Section 510 will not 

put this area in jeopardy of losing ground on our environmental progress. 

Please give this careful consideration and s~~pport rescinding Section 51 0. 

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 3 116 14-h 2z cz w!,,arw j;l" 

.-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-up comments are only intended as clarification relative to our @quest tha 

iection 5 10 not be rescinded but rather exceptions be given on a case by case basis as permits for 

:conomic development are received. We believe Section 5 10 to be working. 

Ye ask that Section 5 10 be modified (rule changes or additions) to allow a company, that has red1 

missions and implemented the latest technology throughout the facility to the point there are no I 

~eaningfbl emissions reductions to be made, to be able to be pemitted to expand or improve thei 

lrocesses. 

in example, in our opinion, is if ConocoPhillips has, in fact, reduced emissions to the point there 

LO more reductions to be had, and ConocoPhillips wants to implement the new clean diesel fuels 

lrocess in their facility, that DEQ modify section 5 10 to allow such a company to be permitted fo: 

heir clean diesel fuels project. 

fa trading.bank needs to be established, then establish a trading bank. Do not rescind Section 5 1 

ust because a trading bank was never established. 

Ye see Section 5 10 as an effective DEQ tool to reduce emission, but since not all industries locat, 

:alcasieu parish are a part of LAIA and not all LAIA industries have reduced their emissions to tl: 

naximm reduction possible under Section 5 10, we ask that Section 5 10 remain in force. 

'lease do not rely solely on other regulations to take the place of Section 5 10. 

'hank you for you time and consideration. 

Zharlie Atherton 

.22 Vine St. 

iulphur, La. 

'0663 
LAIA DEQ 52207 Public Hearing Follow-up comments 

These additional follow-up comments are only intended as clarification 

relative to our request that Section 5 10 not be rescinded but rather 

exceptions be given on a case by case basis as permits for economic 

development are 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 implemented the latest technology 

throughout the facility to the point there are no more meaningful emissions 

reductions to be made, to be able to be permitted to expand or improve their 

processes. 

An example, in our opinion, is if ConocoPhillips has, in fact, reduced 

emissions to the point there are no more reductions to be had, and 

ConocoPhillips wants to implement the new clean diesel fuels process in 

their facility, that DEQ modify section 5 10 to allow such a company to be . 

permitted for their clean diesel fuels project. 

If a trading bank needs to be established, then establish a trading bank. Do 

not rescind Section 5 10 just because a trading bank was never established. 

We see Section 5 10 as an effective DEQ tool to reduce emission, but since 

not all industries located in Calcasieu parish ase a part of LAIA qd not all 

LAIA industries have reduced their emissions to the maxim& reduction 

possible under Section 5 10, we ask that Section 5 10 remain in force. 

Please do not rely solely on other regulations to take the place of Sectioii 

510. 

Tl1adc you for your time and consideration. 

Charlie .Atherton 

122 Vine St. 

Sulphur, La. 

70663 
vised 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 

STATE OR LOCAL 

H. Gordon Monk 

NOTICE OF INTENT 

Department of Environmental Quality 

Office of the Secretary 

Legal Affairs Division 

Calcasieu Parish Control of Emissions 

(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.5 10. 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 air pollutant 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 environmentalhealth benefits 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 July 20, 2007 
Chapter 6. Regulations on Control of Emissions 

through the Use of Emission 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 of banking. 

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 of ERC. * *'* 

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 of the 

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: 

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 September 4,2007, 

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 71 101; 1301 Gadwall 

Louisiana Register Vol. 33, No. 07 July 20, 2007 
Street, 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 

STATE OR LOCAL GOVERNMENT UNITS (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 requirements has been removed. 

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE 

OR LOCAL GOERNhENTAL UNITS (Summny) 

There is no estimated effect on revenue collections of state 

or local governmental units resulting from 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 enhance the 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 economic benefits are unquantifiable at this time. 

rv. ESTIMATED EFFECT ON COMPE?mON AND EMPLOYMENT 

(S-1 

There is no estimated effect on competition or employment 

as a result of the proposed rule. 

Herman Robinson, CPM Robert E. Hosse 

Executive Counsel Staff Director 

0707#018 Legislative Fiscal 0 F ice 

\ 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 July 20, 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. 11 1,211,501,504,505,506,507,613, 

918, 919,1105,1107,1410,1434,1507,2103, 2108, 

21 13,2116,2121,2122,2123,2132, 

2153,2159,2201,2301,2303,2307, 

25 1 1,252 1,253 1) 

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 

Department of Environmental Quality 

Off~ce of the 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 October 20, 2007 
including 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. 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 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 of the 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 October 20, 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), 

(October 2007). 

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 

of Contact (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), amended by 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 

(September 2006), LR 33:2082 (October 2007). 

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 

Louisiana Register Vol. 33, No. 10 October 20, 2007 

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. 

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 Offlce of the 

Secretary, Legal Affairs Division, LR 31:2435 (October 2005), LR 

33:2082 (October 2007). 

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), 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 33:2082 (October 2007). 

$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 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. ... 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 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 

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), amended by 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 of Environmental 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 

application be 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 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 3 1 : 106 1 (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 of Emissions 

through the Use of Emission 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. 

Louisiana Register 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 OF ENVIRONMENTAL QUALITY 

INDEX 

EXAMINATION: 

None 

EXHIBITS: 

None 

REPORTER'S PAGE 

REPORTER'S CERTIFICATE 

PAGE (S) : 

ASSOCIATED REPORTERS, INC. 

308 
DEPARTMENT OF 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 ENVIRONMENTAL QUALITY 

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. 

31 0 
DEPARTMENT OF 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. 

31 1 
DEPARTMENT OF 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 DEPARTMENT OF ENVIRONMENTAL QUALITY 

5 

6 

IN RE: 

7 

DEPARTMENTAL DESIGNATIONS 

8 

LOG #: MMOO2 

9 

PUBLIC HEARING 

10 

11 

12 The Public Heanng held by the Depament of 

EnvironrnenBl Quality, Regulation Development 

13 Secbon, at the Galvez Building, Oliver Pollock 

Conference Room, 602 N. FHUI S- Baton 

14 Rouge, Louisiana, beginning at 1:42 p.m., on 

August 28,2007. 

15 

16 

17 

18 

19 

BEFORE: Lori B. Overland 

20 Certified Court Reporter 

In and For the SBte of 

21 Louisiana 

22 

23 

24 

25 

2 

1 APPEARANCES 

2 

FOR ME LOUISIANA DEPARTMENT OF ENVIRONMML 

3 QUAm 

4 SANDY SlEPHENS 

Hearing Officer 

5 

Deparbnent of 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 Department of Environmental Quality. I'll 

6 be serving as hearing officer this afternoon 

7 to receive comments regarding proposed 

8 amendments to the environmental quality 

The comment period for these 

amendments began on July 20,2007, when the 

***** potpourri notice and the notices of intent 

were published in the Louisiana Register. 

The comment periods will dose 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 
~ebartment ofEnvirornental Quality August 28, 2007 In Re: Departmental Designation Log # MMOO; 

Dana ' 

A 

abiIity 8:7 

above 8:3,8 

action 8 : 17 

Affairs 2:6 

affiation 5:4 

afternoon 4:3,6 

agenda 5:6 

allow 4:23 

amendments 4:8,11 5:1 

andlor 7:5,12,17 

answer 4:22 

anyone 6:8 

Article 7: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 

being 4:2 1 

best 8:7 

BuiIding 1 :13 

C 

C 2:l 8:1,1 

capacity 8: 1 1 

care 6:8 

cause 8:9 

CERTIFICATE 3 : 8 

Certified 1.20 7:2 8: 11 

certify 8:3,10,18 

change 5:8,19,24,24 

changed 5 : 17 

changes 4:20 7:11 

Changing 5 :2 1 

Civil 7:5,6 

close 4: 14 

closed 6:11,14 

code 7:6 

come 5:3 

comment 4:10,14 6:8 

commenting 5:2 

commeots 4:7,16,20 

concerning 4:25 

CONCLUDED 6: 15 

conducted 4.2 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 1 8:22 

D 

D 3:l 

dashes 7: 10,14 

defined 7:4 

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: 12 2:6 

discourse 7: 10 

division 2:6 5:9,20,23 

5:25 6:2,5 

divisions 5:17 

documentation 6:3 

down 8:5 

due 7:9 

duly 8:10 

during 5: 17 

E 

E2:l 31 7:ll 81 

each 5:2,23 6:2 

employ 8: 16 

employed 4:4 

entitled 8:9 

environmental 1:4,12 

2:2,5 4:5,8 

et 8: 13 

EmAT1oN :2 

3:5 

express 4:24 

F 

F8:l 

Federal 7:4 

Fifth 1:13 2:7 

Floor 2:6 

followed 4: 17 

foregoing 8:3 

formal 5:22 

format 4:22 5:13 

forum 4: 18 

5:3 

further 8:10,18 

G 

G7:l 

Galvez 1 : 13 

good 4:3 8: 18 

H 

hearing 1:9,12 2:4 4:6 

4: 18,21,23 6: 10,14 

6:15 

held 1 : 12 

helpful 4: 15 

her 5:4 

hereinbefore 8:8 

I 

identifying 6:3 

inaudible 7: 19 

indicate 7:11 

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 

July 4: 11 

L 

last 5:6 

left7:16 

Legal 2:6 

license 8: 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 

name 4:3 5:4,24 

names 5:16 7:17 

need 5:19 

None 3:3,6 

noted 8:8 

notice 4: 12 

notices 4: 12 

Number 5:7 

0 

0 7:l 8:l 

occasionally 5: 19 

office 5.1 1 

officer 2:4 4:6 7:4 

offices 5: 10 

Oliver 1:13 

opportunity 4:24 

oral 4: 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: 12 

P 

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 

periods 4: 14 

person 5:2 

phrase 7: 19 

phrases 7:15 

place 8:8 

placement 5 : 16,25 

Please 4:22 

Pollock 1 : 13 

potpourri 4:12 

prepare 6:3 

present 4: 19 

Procedure 7:5,6 

proceeding 7:10,14 

proceedings 8:5 

proper 7: 13 

proposed 4:7,20,25 

provides 4: 18 

provisions 8: 12 

public 1:9,12 4:18,23 

4:24 

published 4.13 

purpose 4:23 

pursuant 8: 12 

p.m 1:14 4:14 6:15 

Q 

quality 1:4,12 2:3,5 4:5 

4: 8 

question 4:2 1 

R 

R2:l 7:1,1,1 8:l 

RE 1:6 

receive 4:7 

received 4: 16 

record 5:5 7:8 

reference 5:10 7.18 

references 5:9,20 

# 

reflect 5: 1 1 

regarding 4:7 

Register 4: 13 

regulation 1:12 2:6 6:9 

regulations 4:9 5:9,21 

5:22 

related 5:14 8:14 

remember 4:22 

reorganizations 5: 18 

reporter 1:20 7:3 8:2 

8:12,19 

Reporters's 7: 13 

REPORTER'S 3 :7,8 

reports 6:4 

. 

require 6:5 

resources 6: 1 

Room 1:13 

Rouge 1: 14 2:7 

nxle5:8 7:4 

rulemaking 5:23 

Rules 7:5 

RS 8:12 

S 

S2:l 7:l 

same 7: 12 

Sandy 2:4 4:3 

Section 1 : 13 

September 4: 15 

seq 8:13 

serving 4:6 

sit 5:3 

some 5: 10 

sometimes 5: 17 

spontaneous 7: 10 

standing 8:19 

state 1:3,20 7:3,8 8: 13 

8:20 

stating 5:4 

statutory 5.10 

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 

thought 7:12 

thoughts 4:25 
Kkl;tr wru 

JUL 1 6 2007 

Acadianals Daily Newspaper LOEWOSEC/MD 

REGULATION DEVELOPMENTSECT 

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 Environmental Quality ~d Number: 803331 

OSEC/Legal Affairs Division Ad Total: $1 19.71 

No. of Lines: 283 Regulation Development Section Reference NO.: 

P. 0. BOX 4302 '70 Insure proper credit please refer to your account number 

Baton Rouge, LA 70821-4302 andlor ad number when making payment. Remittance address: 

P.O. Box 3268, 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 

Lesal Affairs Division 

Departmental Desiqnations 

(LAC 33:1, l 11, V, VI, Vll, IX, XI, and XV) (MM002) 

was published in ADVERTISER on 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 ' conslderabl y 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 rug that 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 in THE 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 REMENDER WEATHERSPOON 

PO BOX 4302 

BATON ROUGE, LA 70821 

Herman Robinson EXBCU~IM counse 
I CERTIFIED CO.PY~~,/~~ 

AFFIDAVIT OF PUBLICATION 

( A Correct Copy of Publication ) 1 I, Harold Constance. Classified Sales Manaver 

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 P nifiated to amend the 

Environmental Quality regulations, LAC 33:1, 

Ill v VI v11 IX X1 

ah x'v (iop imbo2): 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 TOWN TALK, published at Alexalldria, 

Louisiana do solelllnly swear that the 

Notice of Intent (MM002) 

advertisement, as per clipping attached, was 

published in the regular and entire issue of said 

newspaper, and not in any supplement thereof 

for one insertion(s) commencing with the issue 

dated Julv 5,2007 ad ending with the 

issue dated July 5,2007. 

I 

Subscribed and swonl to before lne 

tllis a day of Jylv, 2007 
net 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 of Publication 

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 in this 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, and 5309: 

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 

REGULATlON DEVEGJPMENT SE 

STATE OF LOUISXANA 

Parish of Calcasieu 

ty, per.onally came and appeared 

whb being duly sworn, deposes and says: 

Me/She is a duly authorized agent of 

LAKE CHARLES AMERICAN PRESS 

a newspaper published daily at 4900 Highway 90 East, 

Lake Charles, Louisiana, 70615. (Mail address: P.O. Box 2893. 

Lake Charles, LA 70602) 

The attached ~6tice was published in said newspaper in its issue(s) 

dated: . . 

00366451 - $61 .OO . yaM" 

July 9, 2007 

~ulb Authorized Agent 

Subscribed and swpm , to before me on this 9th day of July, 2007 at Lake 

Charles, LA . A 

LDEQ-OSEC-LAD 
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 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. In the 

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 in order to : 

Partlcl~ate. contact Judith~ A. Schuerman, Ph.D,, at the.address 

glven below or at (225) 119-3550. Parking In ttie 

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 or to.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 Falrfleld Avenue: 

ShrevePort, LA 711 01, 

1301 Gadwnll Street. 

Lotus Drive, Suite 'C, Mandeville, LA 7Wl. . 

Herman Robinson, CPM 

Executive Counsel 

July 9 It 

!XI66451 
'Department of 

Environmental Quality. Office of the Secretary j 

; 

jir;kisGtive ~iocedure 1; ct, R.S. 49:950 et seq.; 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 

'STATE OF LOUISIANA 

PARISH OF CADDO 

Before me, the undersigned authority, personally came and appeared 

Altheas Critton personally known to me, 

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

Classified Advertising Manager of The Tirnes, and that the attached 

Advertisement entitled: 

NOTICE OF 'INTENT (MM002) 

As per copy of advertisement hereto annexed, was published in 

The Times on the following dates to wit: 

July 3,2007 . (Signed) 1 

Sworn to and subscribed before me this 3" day of July, 2007 

ALTHU C.?vN, hV3Wh' WBhlC 8 68131 

.$.PSI.ER PARISH,, LOUIS IAMA 

MY:COMMSSlO@ 15 FOR UFE 

Wow) 

LDEQ/OSEC/lAD 

REGULATION DEVELOPMENT SECnON 

3800 HOWARD AYENuE, NEW ORLEANS, LOUlSmA 70140-1097 TEWHONE (504) 826-3206 

State of Louisiana 

+Parish of Orleans 

City of New Orleans 

Personally appeared before me, a Notary in and for the 

parish of Orleans, Robert J. Chiasson who deposes and 

says that he is ,the Accounts Receivable Manager, of The 

Times-Picayune Publishing Corporation, a Louisiana 

Corporation, Publishers of The Times-Picayune, Daily and 

Sunday, of general circulation; doing business in the City 

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

attached Legal Notice 

RE:Departmental Designations (LAC 33 : 1, 111, V,Vl,Vl 1, 

1 X, Xl , and XV) (MM002) 

Mvehsement of Office Of Environmental Quality 

-- - 

Post Office Box 4302 

Baton Rouge, Louisiana 70821 

Was published in The Times Picayune 

3 800 Howard Avenue 

1Vew Orleans, Louisiana 70125 

On the following dates jdy 5,2007 

10th Day of July. 2007,cMy commission expires at my death. 

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 

Staff Director 

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 

10523,10525,1053 1 

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 environmentaVhealth benefits 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). *** 

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, 

~Luisiana Register "01. 33, No. 07 July 20, 2007 'm 
Air 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 199 I), 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 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. ... 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 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. ... 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), 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. 

HISTORICAL NOTE: Promulgated by the Department of 

Environmental Quality, Office of Air Quality and Radiation 

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

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

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

(February 1997), amended by the Office of Environmental 

Assessment, Environmental Planning Division, LR 26:2445 

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

(April 2004), 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 Permitting Requirements 

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 

submission to "the Administrator." 

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 by 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, 2007 
Environmental Quality, Office of Environmental 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 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 

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 

applicable regulation. In no case shall the required 

application be 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. ... AUTHORITY NOTE: 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 3 1 :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: 

Chapter 6. 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 specified by 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 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 othenvise directed by the department. The report shall 

include all data applicable to the emissions source or sources 

as required under LAC 33:III.9 19. 

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 13:74 1 (December 1987), amended by 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 

3 1 :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: 141 8 

(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 (February 2006), LR 33: 

Chapter 11. Control of Emissions of Smoke 

51105. Smoke from 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 shall be controlled so 

that the shade or appearance of the 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 after the 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. 

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 

Office of Air Quality and Radiation Protection, Air Quality 

Division, LR 25:656 (April 1999), amended by the Office of 

Environmental Assessment, 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 

(October 2005), 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 

standard may be jeopardized. 

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 

Office of Environmental Assessment, Environmental Planning 

Division, LR 26:245 1 (November 2000), amended by the Office of 

the Secretary, Legal Affairs Division, LR 3 1 :2438 (October 2005), 

LR 33: 

Chapter 14. Conformity 

Subchapter A. Determining Conformity of General 

Federal Actions to State or Federal 

Implementation Plans 

51410. Criteria for Determining Conformity of General 

Federal Actions 

A. - A.5.a. ... i. the total of direct and indirect emissions from 

the action (or portion &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 emissions in 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 document the 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 Federal Transit Act 

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), amended by 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, 2007 
amended by the Office of Environmental Assessment, 

Environmental Planning Division, LR 26:245 1 (November 2000), 

amended by the Office of the Secretary, Legal Affairs Division, LR 

3 1 :2439 (October 2005), LR 33: 101 1 (June 2007), LR 33: 

Chapter 21. Control of Emission of Organic 

Compounds 

Subchapter A. General 

$2103. Storage of Volatile 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. ... 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 

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. Marine Vapor 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 within 45 days of the test. 

F.2. - H.2. ... 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 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 

shall be kept at the facility, if practical, or at an alternate site 

approved by the department. 

5. ... 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), amended LR 

16: 1 18 (February 1990), amended by the Office of Air 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 Office of the Secretary, 

Legal Affairs Division, LR 3 1:2439 (October 2005), 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. 

HISTORICAL NOTE: 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), amended LR 21:941 

(September 1995), LR 22: 1212 (December 1996), amended by the 

Office of Environmental Assessment, Environmental Planning 

Division, LR 26:2452 (November 2000). 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. ... 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 

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 Environmental Assessment, 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 3 1 :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 of the reporting period: 

1.-6. ... 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 20:1102 (October 1994), 

repromulgated LR 20: 1279 (November 1994), amended LR 

22: 1 129 (November 1996), LR 22: 121 2 (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), amended by the Office of the Secretary, 

Legal Affairs Division, LR 3 1 :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 of this Section. 

D.2. -H. ... 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 

16: 11 9 (February 1990), amended by the Office of Air 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), amended by 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. Stage I1 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. ... 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 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), 

amended by 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, 2007 
vear shall be 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 

1990 baseline emissions inventory. b he request shall include 

the applicable EPN; the PIN; the calendar year 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. 

HISTORICAL NOTE: 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 3 1 :2441 (October 2005), 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 efficiency protocol on file. All results of appropriate 

test methods and CE protocols must be reported to the Office 

of Environmental Assessment within 60 days of the test date. 

A copy of the 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. ... 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 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 (November 2000), 

LR 27:1224 (August 2001), amended by the Office of the 

Secretary, Legal Affairs Division, LR 33: 

Chapter 22. Control of Emissions of Nitrogen 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. 

HISTORICAL NOTE: 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 of the Secretary, Legal Affairs Division, LR 

3 1 :2441 (October 2005), LR 33: 

Chapter 23. Control of Emissions for Specific 

industriesi 

Regulation of emissions of volatile organic compounds 

for certain industries are presented in Chapter 2 1. 

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. 

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 

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 

Primary Aluminum 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. Nitric Acid Industry 

$2307. Emission Standards for the Nitric Acid 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 incorporated by 

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: 

Chapter 25. MisceUaneous Incineration Rules 

Subchapter B. Biomedical Waste Incinerators 

$2511. Standards of Performance for Biomedical Waste 

Incinerators 

A. - B.Type IV Waste. ... 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 of testing. 

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 calendar year. 

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, 2007 
Subchapter 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 of testing. 

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: 11 00 (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: 

Subchapter D. 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 of completion of testing. 

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 is not provided. 

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: 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 335,3925 within 

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 
Public Participation 
Potpourri 

\ POTPOURRI / 

Department of Agriculture and \ Horticulture Commission 

Dg;dw ape Architect Registration E r" 

New Candidates: September 5,2008 

Re-Take Candidates: September 26,2008 

November 7,2008 

Mike Strain, DVM 

Commissioner \ 

/ POTPOURRI 

Department of Environmental Quality 

Ofice of 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 October 29,2008, 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 of the 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 ; 130 1 Gadwall Street, Lake Charles, LA 706 15; 

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 September 20, 2008 
Louisiana Register Vol. 34, No. 09 September 20, 2008 339 
divisions 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, 2008 
1100 Bertrand Drive 

LAFAYETTE, LA 70506 

Acadiana's Daily Newspaper 

THE ADVERTISER 

RECEIVED 

SEP 2 2 2008 

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. BOX 4302 70 insure proper credit please refer to 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 

Department of 

E vlmnmental,Quallly 0klce of the 3ecrStary Leyal Affalrs 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- slons 30 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 

publ ished in THE ADVOCIITE, 

a daily newspaper of general circulation 

publ ished 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 Cammiss ion Expires : Indef in&t e 

Baton Rouge, Louisiana 

DEQ - OSECILAD REG 3958092 

REMENDER WEATHERSPOON 

PO BOX 4302 RM 821 -74 

BATON ROUGE 

Herman Roblnson CPM Executive counsel 

3958092-seo 16-it 
' Ad \CERTIFIED COPY $\\ 

State of Louisiana 

Parish of Rapides 

AFFIDAVIT OF PLIBLICATION 

WEbLB A&' \PC r eD 

SEP 2 2 2005 

LDEUIOSECILAD 

REGUNTION DEVELOPMENT SECTIOII' 

( A Correct Copy of publication ) I, Harold Constance, Classified Sales Manager, 

of THE TOWN TALK, published at Alexandria, 

Louisiana do solemnly swear that the 

Public Notice (0809Potl) 

advertisement, as per clipping attached, was 

published in the regular and entire issue of said 

newspaper, and not in any supplement thereof 

for one insertion(s) commencing with the issue 

dated September 19.2008 and ending with the 

issue dated Satember 19.2008. I 

Subscribed and sworn to before me 

this 19th day of September, 2008 at , 

Alexandria, Louisiana 

~erryb. Broussard 

Notary Number '1 9477 

My commission is for life. 
I CERTIFIED COPY ($l,\db' 

Affidavit LDEPIGSECI LAD of Publication REGUUTlONDNL?U?lihTSECiiGN 

.POTPOUR%I STATE OF LOUISIANA 

bhw* +:.i5nvi- - r!mmentcilQu~llW . 'XFicpd~:%c&r~ Parish of Calcasieu 

U&tl~~hr.Di~lslon . ..* \ 

2~7 sh implemet+ tatloKPlori (Sl P)'Get+ . . era1 Rev~dions .. 

.'!? -(opPotlXj . ... .. .+.,. I .' - 

Under the puttidrily bf 

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; whlch 

were'p&\iiou~l~:prbm'15Igated in 2007:~bnd:which 

were>notprev'iouPlr/ Included In'other 'rev!s!ons 

to the's tP.'*, ,... . A publlr'hkari.8,wlII be held on- October.29. 

..t~mme?k..~'! .!$%@r. 

posed revisions. Should 

individuats wlth~a.&lsobillty ,need on .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 I nvited..+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 Sand ru Hiiton. 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 COPY of the 

document. 

Bef re me the undersigned ,authority, personally came and appeared 

$&4 &d&b/, 

who being duly sworn, deposes and says: 

He/She is a duly authorized agent of 

LA= CHARLES AMERICAN PRESS 

a newspaper published daily at 4900 Highway 90 Easf 

Lake Charles, Louisiana, 70615. (Mail address: P.O. Box 2893 

Lake Charles, LA 70602) 

 he attached Notice was published in said newspaper in its issue(s) 

dated: 

00476267 - $26.00 

September '17,2008 

D~Q Authorized Agent 

Subscribed and sworn to before me on this 17th day of September, 2008 

at Lake Charles, JLA 

00053262 L/ xotary Public 

LDEQ-OSEC-LAD 
A copy of theGeneral 

revlslons to 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; 

s hrededart, kA.Ql i 01 ; 1301 Gddwall. :Sl:reef, Lake Chorles. .Lh70&15: 

111 New Center Drive. 

Lafayatte, LA 70508; 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 general circulation. 

LEGAL AD DEPT. 

IWI Stale ImDlemntr. "m PlW ISlP) Glner. a1 Rcyislau lm9Pollj 

Mli b:k%'k E27 k lDOL It 130 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 2 2 ZOO8 

LDEQfOS ECfLAD 

REGULATION DEVELOPMENT SECTION 

PROOF OF PUBLICATION 

STATE LOUISIANA 

PARISH OF CADDO 

Before me, the undersigned authority, personally came and appeared 

Altheas Critton personally hown to me, 

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

Classified Advertising Manager of The Times, and that the attached 

Advertisement entitled: 

POTPOURRI Department of Environmental Quality 

Office, of the Secretary Legal Affairs Division 2007 State Implementation 

Plan (SIP) General Revisions (0809Potl) . , 

As per copy of advertisement hereto annexed, was published in 

The Times on the following dates to wit: 

September 16, 2008 

. . (Signed) 

Sworn to and subscribed before me this 16' day of September, 2008 

(Notary) 

DIANA W-BARBER, NOTARY PUBLIC # -1 

CADDO PARISH, LO.UISIANA 

MY COMMISSI?N IS FOR LIFE 
kerman Robinson{ CPM 

Executive Counsel i 

The Tlmes: . I 

'sw.er 16~.aa-L 
RECEIVED 

3800 HOWARD AVENUE, NEW ORLEANS, LOUISIANA 70140-1097 TELEPEoNE (504) 826-3206 

POTPOURRI 

Depmtmmnt of EdmnrnmncW 

aw Ome of Soa'ebrv Legal An& Dlan 

2W7 S~B Im-nW Plan (SIP) Ganad Rsvisum foaoebli) 

Under Ihw sulholtly or Ule Ernhm- W~UI auJiv A* RS. 3~2051 el req. ma wmm g~lr nol~ 01 wbsa 9m.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 oend mk , 

abN. commrm rmat be Wbml td no Illor Wan 430 p.m. on Nc nmhr 5. 2008. Cmd should ba rrUUld m sndn Hlbn mm or Emlmnnmnml ASS& 

mnl. PIm Dvnbpmal S&n Box 4314 Ban Rowe, LA 70821.4311 ot hxd 10 IZZE.) 21~ 

State of Louisiana 

Parish of Orleans 

City of New Orleans 

Personally appeared before me, a Notary in and for the 

parish of Orleans, Robert J. Chiasson who deposes and 

says that he is the Accounts Receivable Manager, of The 

Times-Picayune Publishing Corporation, a Louisiana 

Corporation, Publishers of The Times-Picayune, Daily and 

Sunday, of general circulation; doing business in the City 

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

attached LEGAL NOTICE/(0809Potl) 

Re:Potpourri Department of Environmental Quality 2007 

State Impllementation Plan (SIP) General Revisions 

Mvertisement of Office of Environmental Quality 

P.O. BOX 4302 

I Baton Rouge, La 70821 -4302 

I attest that the copy attached hereto as 

"Exhibit A" is a true and correct copy 

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 

9 r:= .-, p ~iz(L,$~?b~

NO\/ -i 2 2868 

IDEWO/OSEC/I.AD 

REGULATION DEYE~~~~I~VIENTSECT~

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 
Department of Enviromental Quality October 29,2008 Public Hearing 

amendment 3 :9 

Examiners 5: 10 

November 3 : 15 

certification 5 : 1 

Certified 1:12 5:3 

comment 3:9,11,13 

understanding 5:8 

Conference 1 :8 

REVISION 1 :3 

355 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 6 

1445 ROSS AVENUE, SUITE 1200 

DALLAS, TX 75202-2733 

Sandra Hilton 

Office of Envirolllnenta.1 Assessment 

Eilvironmental Planning Division 

Box 4314 

Baton Rouge, Louisiana 7082 1-43 14 

Dear Ms. Hilton: 

Thank you for the opportunity to comment on proposed revisions to air quality 

rules proinulgared in the Louisiana Administrative Code (LAC) dtuing 2007. These 

icc.li,adc: 

AQ249- Emissions Standards for Particulate Matter (LAC 33:111.1.323,1325,1327, 

1329,1331,1333) 

-4Q256- Toxic Air Pollutant Program Revision PAC 33:111.211,223,551) 

,4Q271-Emission Standards for Sulfur Dioxide (LAC 33:III.1502,1503,1507, 

1511,1513) 

AQ272-Exemption for Drums storing Pyrophoric Catalyst (LAC 33:III. 2103) 

AQ287P-Rulemaking Petition for the 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 . .- PAC 33:III.l323,1325,1327, ... .... ... 1329,.1331, 1323.) ; ......... , ... . :. , . . . . 

This revisi6; adds i7h&iV.. i6ctidn on Abrasive Blasting to Chapter 13 (~misaon 

Standards for ~articulite ~atkr). Activities for abrasive blasting were previously. 

covered under this chapter, but, clarification of this activity was needed. By addressing 

abrasive blasting specifically in these sections, this strengthens the .SIP and therefore we 

support this change. 

AQ256- Toxic Air Pollutant Program Revision (LAC 33:TII.211,223,551) 

The revision to these sections mainly concern updating past dates, or replacing the 

out dated rule language. These revisions are not considered major environmental rule 

revisions, thus not requiring a1 environnlentalhealth and economic cost reporting 

analysis per State law. These revisions will provide for better enforceability and 

practicability of the rules. Thus, we do not object to these revisions. However, we see no 

need for tl~e State to submit 'tlie'se ~evis'ions as a revision to the SIP because tl~e Louisiana 

air toxic:progam.i$ not ,a requirement for the SIP which is meant for the control of .,-.I, - 'I.+ , ciiteiia polluta~lts. 
AQ271-Emission Standards for Sulfur Dioxide (LAC 33:111.1502,1503,1507, 

151 1,1513) 

This revision to the SIP by adding section 1502 would exenlpt 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 1 lO(1) denlonstratioil to show that that the revision will not interfere with 

attainment or nlaintenance oftl~e NAAQS. Otherwise, we will not be able to approve 

tlis rule. 

The other proposed revisions to Chapter 15 are improvements and will assist in 

enforcement of tl~e nile. Therefore, we have no objections to these revisions. 

AQ272-Exemption for Drums Storing Pyrophoric Catalyst &AC 33:III. 2103) 

Chapter 2 1 Control of Emissioil of Organic Compounds, Section 2103 Storage'of 

Volatile Organic Compounds was approved by EPA on 05/05/94 at 59 FR 23166; on 

07/25/96 at 61 FR 38591; and later on 10/22/96 at 61 FR 54748, respectively. 

The cun-eilt revision to section 2 103 concerns exempting the d~wnstoring a 

pyrophoric alkyl catalyst froin submerged fill pipe requirements of LAC 33:111.2103.A. 

The alkyl catalyst is stored in tl~e drums and is very pyrophoric and.could ignite 

spontaneously if exposed to small amount of oxygen, or moisture. 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 life threatening 

condition. We understand no actual increase in emissions will be authorized a result ( 

this n~le revisiou. - 

The intent behind tks VOC 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 the Vistalon Production 

Facility, in Baton Rouge, Louisiana. 

For safety reasons and based on the understanding hat there is no actual increase . 

, . in emissions, we support inclusion of this revision to section 2103 in the Louisiana SIP. 

AQ287P-Rulemaking petition for the Repeal of LA33:111.510 (LAC 33:III. 603,, 

605,607,613,415) 

since sectioil510 was never s~~billitted to EPA as a revision for approval into 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 submitted to EPA as a SIP revision. Because 

the changes to Chapter 6 are either reinoval of references to sectioil5 10 or the Calcasieu 

l-ules in section 5 10, we do not object to those revisions either. The revision to Chapter 6 

should be submitted as a SIP revision. 
MM002-Departmental Designation (LAC 33:III. various) 

If this revision merely changes the reference to various DEQ divisions in the 

regulations to the statutory office designations, this has no effect on the integrity of tlie 

SIP. We would consider these re~iisions to be minor, administrative clicmges. 

The LDEQ cross-walk is required by the Louisiana Secretary of State and the 

Louisiana Register laws, We wish to note here the legal requirement for LDEQ to 

prepare and keep such a cross-walk and ask that you submit it as part of the SIP revision 

submittal. 

We appreciate the opportunity to comment on this SIP revision. If we may be of 

any assistance to you in the fi~tie, please feel free to contact me or Sandra Rennie of my 

staff at (214) 665-7367. 

Sincerely, 

Guy R. Donaldson 

Chief 

Air Planning Section 

Cc: Jeffiey Robinson, EPA Region 6 
Summary of Comments and Response 

2007 State Implementation Plan 

AQ27 1 

Comment: This revision to the SIP by 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 

1 lO(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 of LAC 33:III.Chapter 15 

allows LDEQ to exempt a source from the 2000 ppmv limitation 

imposed by LAC 33:111.1503.C if it has the potential to emit less 

than 250 TPY of S02. Also, in both regulations is a provision that 

exempts a source from continuous monitoring requirements if it 

has the potential to emit less than 100 TPY of S02. As such, the 

rule revision cannot in any way interfere with attainment or 

maintenance of the NAAQS