TECHNICAL SUPPORT DOCUMENT 

January 5, 2011 

By Sandra Rennie, Environmental Scientist 

Outline 

INTRODUCTION 

BACKGROUND OF REVISIONS 

EVALUATION 

Criteria used in Evaluation 

Technical Review 

Conclusions and Recommendations 

Introduction

 The Governor of Louisiana or his designee submitted Rule revisions made to the 

Louisiana Administrative Code (LAC) for the years 1996-2006 and requested approval of 

these revisions into the Louisiana State Implementation Plan (SIP). The revisions were 

submitted on the dates listed in the following Table: 

Louisiana Rule Revisions to the State Implementation Plans (SIP) 

Submitted to EPA by the 

Governor of Louisiana or his 

designee on 

For the Rules Adopted into 

the SIP during calendar year 

Revisions to LAC 33:III 

Chapters 

April 30, 1997 1996 plus revised statutes 1, 15, 21, 25, 29, 30, 31, 

60, 61, 64 

July 25, 1997 1996 and earlier 1, 2, 5, 7, 9, 11, 13, 21, 

23, 25, 65 

June 22, 1998 1997 2, 5, 13, 15, 21, 23, 25 

February 2, 2000 1998 5, 6, 11, 15, 21, 23, 25 

January 27, 2003 1999-2001 2, 5, 6, 11, 19, 21, 61 

June 27, 2003 2002 5 

September 14, 2004 2003 9, 21 

June 3, 2005 2004 2, 21 

May 5, 2006 2005 2, 5, 6, 9, 11, 14, 15, 21, 

22, 23 

June 15, 2005 Baton Rouge Severe Area 

Rule Update 

5, 21, 22 

November 9, 2007 2006 1, 5, 7, 9, 23 

 The cumulative revisions are in LAC 33:I. Chapter 5, and LAC 33: III. Chapters 

1, 2, 5, 6, 7, 9, 11, 13, 15, 19, 21, 22, 23, 25, 29, 30, 31, 60, 61, 64, and 65. This 

Technical Support Document covers rule revisions in all these chapters except Chapters 

2, 5, and 6. Revisions to rules in chapters 2 and 5 are being reviewed and may be acted 
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upon by the Air Permits Section. Chapter 6 revisions were superceded and approved in 

2002. 

Background of Revisions

 The Environmental Protection Agency (EPA) has the authority to establish the 

National Ambient Air Quality Standards (NAAQS) under the Clean Air Act (CAA) for 

each airborne pollutant. Once the NAAQS are set, individual states have the 

responsibility to achieve, maintain, and enforce the NAAQS in each of the Air Quality 

Control Regions (ACQR) within their state. Each state must prepare and submit a state 

implementation plan (SIP) outlining the path to satisfy the NAAQS for each identified 

pollutant. SIP requirements and procedures can differ depending on the nonattainment 

classification of the nonattainment area. Revisions are made to the SIP from time to time 

to guide the nonattainment area in reaching attainment of the NAAQS, and then 

maintaining the NAAQS. When EPA approves rules and rule revisions into the SIP, the 

rules become federally enforceable. 

 The EPA approved the original Louisiana SIP on March 31, 1972 (37 FR 10869). 

Since then, revisions were periodically made to the Louisiana SIP. SIP revisions consist 

of rules adopted by the Louisiana Department of Environmental Quality (LDEQ) and 

subsequently adopted into the SIP. Revisions to general rules are usually submitted on an 

annual basis by the LDEQ. The revisions and adoption of the Air Quality rules and 

regulations are made in accordance with Louisiana R.S. 30:2019 and are published in the 

Louisiana Administrative Code (LAC). The corresponding SIP revisions are made in 

accordance with 40 CFR Part 51, Appendix V, the Clean Air Act, and policies 

established by EPA. 

 After submittal to EPA, a review for evidence of completeness is conducted in 

accordance with 40 CFR Part 51, Appendix V. If the review for evidence of completeness 

is satisfactory, the submittal is deemed to be complete for the purpose of review under 

§51.103. After receiving an official submittal, the EPA examines the proposed revisions 

for approvability. If the revisions are approvable, a rule granting approval is published in 

the Federal Register. 

 We reviewed and are updating the General SIP for the State of Louisiana by 

approving certain revisions that were adopted by the State and submitted to us for 

incorporation into the SIP. The intended outcome of this action is to update the 

Louisiana SIP to correspond to State regulations, conform to federally approved 

regulations, statutes, and EPA guidance. 
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Evaluation of the submittal

A. Criteria Used in Evaluation 

 The revisions addressed in this technical support document were reviewed and 

evaluated in conformance with 40 CFR Part 51, Appendix V, the federal Clean Air Act, 

and policies established by EPA. 

B. Technical Review 

The Technical Review portion of this document gives an in depth discussion of 

the proposed revisions. The discussion focuses on the reasoning behind the revision, its 

effects, and its approvability. The Technical Review Section is organized by chapters and 

sections within those chapters in the LAC that are affected by the revision. Within each 

section the revisions, by subsection and paragraph, are examined chronologically by 

submittal date, with the earliest being first. The State’s rulemaking action is identified by 

the office that initiated the rule and a corresponding number (e.g., AQ 125). Rules with 

AQ numbers come from the Air Quality Office, while those with OS originate in the 

Office of the Secretary. The date following the rule identification number is the date the 

rule was adopted. The rule adoption date will be used in the Incorporation By Reference 

Table in the final rulemaking document. 

LAC 33:I 

Chapter 5. Confidential Information Regulations 

1996, OS-14. 5/20/1996. 

OS-14 made a format change that moved rules on confidentiality from LAC 

33:111.107.E and and 517.E to LAC 33.I.Chapter 5. The remaining substantive language 

in LAC 33:111.107.E and 517.E is a cross-reference to LAC 33.I.Chapter 5. The 

submitted revision changes the previously approved language at LAC 33:III.107.E as 

follows: 

 

 E. Confidentiality of Information. Any information relating to proprietary 

processes or method of manufacture or production obtained by the administrative 

authority shall be kept confidential. In the event any such process or method of 

manufacture or production is involved in any hearing, testimony regarding such 

process or method of manufacture or production shall not be made a part of the 

transcript of said hearing. Emission data shall not be considered confidential for 

the purpose of this regulation. Provisions for confidential information may be 

found in LAC 33:I.Chapter 5.

The purpose of this change was to promote clarity and consistency in the state’s 

processing of confidential information by consolidating confidentiality rules from 

multiple programmatic regulations into one chapter: LAC 33.I. Chapter 5. However, 

LAC 33:III.517 was not part of the approved SIP, and the relevant contents of LAC 

33.I.5 were not submitted as a SIP revision. In a letter dated January 25, 2011, the State 
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withdrew this revision. Accordingly, we will not take action on this revision. Those 

rules that were previously approved remain in place until the cross-referenced rules of 

LAC 33.I.5 are also submitted as revisions to the approved SIP. 

LAC 33:III

CHAPTER 1. General Provisions

1996, AQ 125. 10/20/1995. 

Section 111. Definitions. Undesirable Levels – “Undesirable levels of the items defined 

in "Air Contaminants" LAC 33:III.111 hereof is the presence in the atmosphere, as 

limited by La. R.S. 30:1083(2), of one or more of such items or combinations thereof in 

quantities and concentrations and of such characteristics, properties, and duration as to 

appreciably injure human life beyond inconvenience or in quantities and concentrations 

and of such characteristics, properties, and duration as to materially injure or interfere 

with the reasonable use of animal or plant life or property. In determining whether or not 

contaminants create undesirable levels the department may use appropriate information 

and data which may include, but not be limited by acceptable national standards, 

published "safe limit" values and other such information and relationships which may 

provide a reasonable assessment of the conditions which exist for a particular situation.” 

 The revision deletes this definition from this chapter and chapters 7, 9, 11, 13, 

and 25. State v. Union Tank Car Company, 439 So.2d 377 (La. 1983) held that the 

phrase “undesirable levels” was unconstitutionally vague for purpose of enforcing penal 

regulations that had been established under the Louisiana Air Control Law. In its 

Response to Comments regarding this adoption, the State provided a copy of the court 

ruling and stated the air quality standards listed in Chapter 7 (See below) are National 

Ambient Air Quality Standards. Specific discussions regarding the revisions to chapters 

7, 11, 13, and 25 will be found later in this TSD. We recommend approval of this 

revision because as a modifying phrase, it is unenforceable. The provisions to protect 

against undesirable levels are not relied upon to attain and maintain the NAAQS. 

1997, AQ 145, 12/20/96 

111. Definitions. 

 Good Performance Level – the revision removes a reference to the Divisions 

Source Test Manual and replaces it with 40 CFR part 60, appendix A, as incorporated by 

reference at LAC 33:III.3003. 

 Particulate Matter Emissions – the revision removes a reference to repealed 

chapter 60 and replaces it with 40 CFR part 60, appendix A, as incorporated by reference 

at LAC 33:III.3003. 

 Reference Method - the revision removes a reference to the Divisions Source Test 

Manual and replaces it with 40 CFR part 60, appendix A, as incorporated by reference at 

LAC 33:III.3003. 

 These changes are administrative, incorporate by reference the applicable federal 

regulations, and are approvable. 
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2006, AQ253. 9/20/2006. 

Section 111. Revises the definition of Ozone Exceedance to refer to a daily 

maximum 8-hour average ozone measurement rather than an hourly measurement. 

This revised definition makes specific reference to the 8-hour standard, which 

further clarifies that this applies only to 8-hour ozone measurements. The 1-hour 

standard has been revoked for designation and classification purposes. Therefore, we 

recommend approval of this revision. 

SIP Rule: Ozone Exceedance - A daily maximum hourly average ozone measurement that is greater than 

the value of the standard. 

Revision: Ozone Exceedance-a daily maximum 8-hour average 

ozone measurement that is greater than the value of the standard 

CHAPTER 7. Ambient Air Quality

1996, AQ125. 10/20/1995. 

AQ125 changes LAC 33.III.701.C as follows: 

C. Sulfur Dioxide. It is the purpose of this Subsection to establish ambient air standards and regulations for 

the state for sulfur dioxide. It is anticipated that additional provisions covering other sulfur compounds will 

be adopted as additional data relating to undesirable levels of other sulfur compounds are developed and 

evaluated

We understand this deletion was prompted by a Louisiana state court decision that 

addressed separate Louisiana laws employing the phrase “undesirable levels.” State v. 

Union Tank Car Company, 439 So.2d 377 (La. 1983) held that the phrase “undesirable 

levels” was unconstitutionally vague for purpose of enforcing penal regulations that had 

been established under the Louisiana Air Control Law. The sentence that was removed 

from the previously approved Section 701.C was informational and nonsubstantive. 

Accordingly, it did not operate with any substantive effect on other previously approved 

rules. We therefore recommend approval of this revision. 

2006, AQ253. 9/20/2006. 

AQ253 changes LAC 33.III.709.A. as follows: 

A. PM10, PM2.5, sulfur dioxide, carbon monoxide, atmospheric oxidants, nitrogen oxides, and lead 

shall be measured by the methods listed in listed in LAC 33.III.711.C., Table 2 or by such other 

equivalent methods approved by the department. The publications or their replacements listed in 

LAC 33:III.711.C., Table 2 are incorporated as part of these regulations by reference. 

Air quality standards for PM 2.5 were established since we acted on the previously 

approved rule. The addition of PM 2.5 therefore updates this previously approved rule as 

of the change. The added language concerning Section 711.C is a nonsubstantive 

regulatory wording change that merely clarifies the previously approved rule by 
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providing the complete citation to Table 2. We therefore recommend approval of this 

revision. 

AQ253 also adds LAC 33.III.711, a section titled “Tables 1, 1a, 2—Air Quality”.” 

Table 1 furnishes the primary ambient air quality standards in effect at the time of 

AQ253. Table 1a furnishes the secondary ambient air quality standards in effect at the 

time of AQ253. Table 2 furnishes the “Methods of Contaminant Measurement.” 

AQ253 intended to bring the LAC up to date as of the date of rule adoption in 1996. We 

recognize from the “Historical Notes” to Section 711 that subsequent updates have been 

made to LAC.III.711. This proposed revision brings the previously approved rules at 

least closer to currency, and we therefore recommend approval of this proposed revision. 

CHAPTER 9. General Regulation on Control of Emissions and Emissions 

Standards

1996, AQ 121. 9/20/95 

Section 907. Emissions Resulting in Undesirable Levels not Allowed. 

Section 907 has been repealed by the State. 

Analysis 

In State v. Union Tank Car Company, 439 So.2d 377 (La. 1983), the Supreme Court of 

Louisiana held that the phrase “undesirable levels” was unconstitutionally vague for 

purposes of enforcing penal regulations that had been established under the Louisiana Air 

Control Law. Therefore, the repeal of section 907 into the Louisiana SIP is approvable. 

See additional discussion in section 111. 

Section 918. Record Keeping and Annual Reporting 

EPA has reviewed the 1996, 2003, 2005, and 2006 revisions to Louisiana’s SIP Chapter 9 

General Regulations on Control of Emissions and Emissions Standards § 918 Record 

Keeping and Annual Reporting and § 919 Emissions Inventory. Although Louisiana’s 

2003 submittal clarifies and updates the requirements for emissions inventory EPA must 

act on the previous submittals as base rules for the emissions inventory program. 

1996, AQ 136. 5/20/1996. 

918. Approved rule states that reports must be made to the department annually. In 1996 

the rule was revised to say “data for emission reports should be captured annually”, and 

the sentence “data should confirm the facility remained in compliance for the year or 

achieved the prescribed milestones to ultimately achieve compliance” was omitted. This 

sentence duplicates the requirement in 919.B., which requires annual statements that 

show actual emissions and the permitted allowable limits so is not necessary in 918. Such 

annual statements can show if there is exceedance or discrepancies. Omitting this does 

not change the SIP. Further, the revision gives a date at which each facility should submit 

their emission inventory, instead of just saying “annually”, the revision says: “ by March 
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31 of each year”, it sets a date to submit these reports.. Approval of these revisions is 

recommended. 

2003, AQ220. 12/20/2003. 

918.A. This revision replaces the word “captured” with “collected”. Data gets collected 

not captured. Facilities capture emissions. The re-wording does not change the content of 

the rule, therefore, approving the new rule is recommended. The only paragraph in this 

section is designated as 918.A. 

2005, OS65. 10/20/2005. 

918.A. This revision simply revises references to the LDEQ’s divisions because they 

were reorganized. These are administrative changes and are approvable. 

Section 919. Emission Inventory. 

Section 919 contains requirements for annual emissions inventories. It has been changed 

several times but maintains the appropriate requirements. It calls for inventories of 

facilities in 8-hour nonattainment areas and adjacent areas. The requirements are 

consistent with EPA guidance found in 40 CFR 51 Part A, the Air Emission Reporting 

Rule 73 FR 76539, and the memo from Tom Curran, Emission Statement Requirement 

Under 8-hour Ozone NAAQS Implementation, March 14, 2006. 

In 1996, Louisiana submitted numerous changes to the emission inventory rules. EPA is 

recommending approval of all the revisions to the rule in 1996. 

1996, AQ 136. 5/20/1996. 

919. “Emission unit” is changed to “emission point”. 

919.A. Applicability

1996, AQ 74. 11/20/1993. 

919.A. Modifies the term “ozone nonattainment area” with marginal, moderate, or 

serious. Adds the phrase “...emits or...”. Deletes “("allowables" in a facility's permit)” 

and moves it to another sentence for clarification. Refers to Table 1, which is revised as 

described below in AQ 136. 

These are minor changes that clarify the rule. 

1996, AQ 136. 5/20/1996. 

919.A. Applicability - was revised to require emissions from all criteria pollutants to be 

reported if there is an exeedance of the NAAQS limit for one pollutant. This substantive 

change enhances the SIP. 

1996, AQ 136. 5/20/1996. 

919.A.1. Facilities emission thresholds are specified for the criteria pollutant. The 

revision adds the phrase “emits or has a potential to emit” rather than “facility that has the 
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potential to emit”. This clarifies the conditions and is consistent with language in other 

parts of the rule. 

1996, AQ 136. 5/20/1996. 

919.A.3. Split Table 1 into two tables: Table 1 Ozone Nonattainment Parishes, Table 2 

Adjoining Parishes. This is a minor change that clarifies the rule. 

2003, AQ 220. 12/20/2003. 

919.- 919.F. Revises some of the language and clarifies emission inventory requirements 

in Subsections A-F. It also defines facility and emissions point for this section. The state 

deleted the chart referencing the actual and potential emissions reporting requirements for 

facility in or adjoining a 1-hour ozone nonattainment parish and replaced it with language 

identifying areas that qualify for this requirement. The revision to 919 A.1 clearly 

identifies the actual and potential emissions reporting requirements for facility in or 

adjoining a 1-hour ozone nonattainment parish. This change reflects the possibility that 

attainment designations may change. It further defines reporting requirements for major 

stationary sources and facilities with Title V permits as well. These revisions do not 

change the rule; instead, they give a clear explanation of the emissions reporting 

requirements required by federal requirements. EPA is recommending approval. 

SIP Approved - Emission inventory data shall be submitted to the Louisiana Department of 

Environmental Quality (DEQ) on magnetic media in the format specified by the Air Quality Division. 

 Facilities with less than five point sources, may elect to submit Emission Inventory Coding (EIC) forms in 

lieu of the magnetic media. Facilities are defined as all emission points, fugitive, area, mobile, under 

common control on contiguous property. Point source is defined as the point of emission which should 

have a Source Classification Code. Stationary source is defined as a group of point sources. Detailed 

instructions are provided on an annual basis for completing and submitting emissions inventories which 

define requirements applicable to facilities, point sources, area sources and mobile sources.

 A. Applicability. The owner or operator of the following facilities in the state of Louisiana shall submit 

emissions inventories to the Louisiana Department of Environmental Quality.

 1. Any facility in an attainment area or unclassified area that has the potential to emit 100 tons per year 

(TPY) or more of any contaminant [including volatile organic compounds (VOC)] for which a National 

Ambient Air Quality Standard (NAAQS) has been issued or any facility in an ozone nonattainment area 

emitting a minimum of 10 tons per year (TPY) volatile organic compounds (VOC), 25 TPY nitrogen oxides 

(NOx), or 100 TPY carbon monoxide (CO), or any facility that has the potential to emit ("allowables" in a 

facility's permit) 50 TPY or more of VOC in an area designated as an ozone adjoining area. The designated 

ozone nonattainment and adjoining parishes are listed in Table 1. If either VOC or NOx is emitted at or 

above the minimum required reporting level, the other pollutant must be included even if it is emitted at 

levels below the specified cutoff.
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 TABLE 1

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

 OZONE NONATTAINMENT AND ADJOINING PARISHES

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

 NONATTAINMENT ADJOINING PARISHES

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

 Ascension - Serious Acadia

 Beauregard - Incomplete Allen

 Monitoring

 Calcasieu - Marginal Assumption

 East Baton Rouge - Serious Cameron

 Grant - Transition East Feliciana

 Iberville - Serious Iberia

 Jefferson - Transition Jefferson Davis

 Lafayette - Transition St. Helena

 Lafourche - Incomplete St. John the Baptist

 Monitoring

 Livingston - Serious St. Landry

 Orleans - Transition St. Martin

 Pointe Coupee - Serious Tangipahoa

 St. Bernard - Transition Vermilion

 St. Charles - Transition Vernon

 St. James - Transition West Feliciana

 St. Mary - Transition

 West Baton Rouge - Serious

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

 2. Any facility defined as a major stationary source of hazardous air pollutants in Section 112(a)(1) of 

the Federal Clean Air Act (FCAA).

 3. In Louisiana, the following facility classes or categories are exempted: None.

Proposed Revision – Section 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, 
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Environmental Evaluation Division. 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, Environmental Evaluation Division. The inventory 

shall include all air pollutants for which a National Ambient Air Quality Standard (NAAQS) has been 

issued and all NAAQS precursor pollutants. 

1. Any facility located in a 1-hour ozone nonattainment parish is required to report if the facility emits or 

has the potential to emit any one or more of the following: 

a. 10 tons per- year (TPY) of volatile organic compounds (VOC); 

b. 25 TPY of nitrogen oxides (NO,); 

c. 100 TPY of carbon monoxide (CO), sulfur dioxide (SO2), particulate matter of less than 10 microns 

(PMl0), or particulate matter of less than 2.5 microns (PM2.5); or 

d. 5 TPY of lead (Pb). 

2. Any facility located in a parish that adjoins a 1-hour ozone nonattainment parish is required to report if 

the facility emits or has the potential to emit any one or more of the following: 

a. 50 TPY of VOC; 

b. 100 TPY of NOx, CO, SO2, PMl0, or PM2.5; or 

c. 5 TPY of Pb. 

3. Any facility located in an attainment parish is required to report if the facility emits or has the potential 

to emit any one or more of the following: 

a. 100 TPY of VOC, NO,, CO, SO2, PMl0, or PM2.5 ; or 

b. 5TPY of Pb. 

4. Any facility in Louisiana defined as a major stationary source of hazardous air pollutants in Section 

112(a)(l) of the Federal Clean Air Act (FCAA) or of toxic air pollutants in LAC 33:III.Chapter 51 is 

required to report. 

5. Any facility in Louisiana that has a 40 CFR Part 70 (Title V) Operating Permit is required to report, 

regardless of emissions limits. 

6. No facility classes or categories are exempted. 

2005, OS65. 10/20/2005. 

919 and 919.A. This revision simply revises references to the LDEQ’s divisions because 

they were reorganized. These are administrative changes and are approvable. This 

revision is superseded by the revision in AQ255 below which covers the same 

paragraphs. 

2006, AQ 255. 2/20/2006. 

919.-919.A.6. Changes the location of facilities that must report from being “located in the 

1-hour ozone nonattainment parish” to “located in the 8-hour ozone nonattainment 

parish”, and it lists the parishes in A.1. In A.2., it lists the adjoining parishes. In A.6. it 

states that no facility classes or categories are exempted. EPA believes this revision 

enhances the SIP by having clearer and more explanatory language. Thus we recommend 

approval. 

919 B. Types of Inventories

The purpose of section 919.B. is to set compliance with the Clean Air Act’s Emission 

Statement found under CAA § 172(c)(3) and 182(a)(i) which require the reporting and 
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certification annually of emissions of NOx, VOCs, and CO2 as they are precursors for 

ozone formation. All of the changes are minor and approvable. 

1996, AQ 74. 11/20/1993. 

919.B.1. Adds the word “(permitted)” between “allowable” and “emissions limits” in the 

second sentence. Adds “and the allowable tons per year” at the end of the paragraph as 

follows: “...the AES shall include the allowable emissions level as identified in the 

permit Maximum Allowable Emissions Rate Table and the allowable tons per year.” 

This apparently clarifies the intent of the requirement. We will not be acting on the 

revision presented here. This is superseded by the revisions in AQ 255, 2/20/2006. 

2006, AQ 255. 2/20/2006.

919.B.1. Types of Inventories. Annual Emission Statement – changes “insignificant 

sources Table A” to “insignificant activities List A.” This is a minor change that makes 

the rule citations internally consistent. The Insignificant Activities List is located 

elsewhere under that title. 

2003, AQ 220 (12/20/2003), 

AQ 220 is a major revision to the entire remaining part of section 919. Some of the more 

prominent revisions are highlighted in order of their appearance. Revisions in AQ 220 

supersede revisions submitted previously for 1996. 

 

919.B.2.a. The 2003 submittal defines the term ‘significant change” in emissions. By 

adding this definition, the state is clarifying any potential confusion on its interpretation. 

1996, AQ 74. 11/20/1993. 

919.B.2.b. Adds “for the purpose of determining significant change” at the end of the 

paragraph to read as follows: “VOCs that are also hazardous air pollutants are to be 

viewed as total VOC for the purpose of determining significant change.” This revision is 

superseded by revisions in AQ 220 where the significant change language is now found 

in 919.B.2.a. 

1996, AQ 74. 11/20/1993.

919.B.3. Modifies “ozone nonattainment area” with “marginal, moderate, and serious”. 

Deletes “...as published by the department in the Enforcement and Regulatory 

Compliance notice that is mailed out monthly from the Division of Legal Affairs and 

Enforcement.”... from the second sentence. Modifies how the “typical weekday” 

emissions are calculated, and provides guidance for completing and submitting the 

emissions inventory. This is superseded by revisions in AQ 220 below. 

2003, AQ 220 (12/20/2003), 

919.B.3. The revision to §919 B.3 clearly identifies the actual and potential emissions 

reporting requirements for facility in an ozone nonattainment area. This change reflects 

the revisions in §919 A.1. This change reflects the possibility that attainment designations 

may change. The state also includes a definition for “typical weekday emissions”. This

definition demonstrates how the “typical weekday” emissions are calculated, and 

provides guidance for completing and submitting the emissions inventory. 
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1996, AQ 74. 11/20/1993. 

919.B.4. “Any person” is changed to “any facility”. This change is incorporated by the 

revisions in AQ 220, which supersedes the revision presented here. 

1996, AQ 74. 11/20/1993. 

919.B.5. Adds “of this section” to the second sentence. Substitutes “will be included in 

the annual requests for updates” for “will be published annually by the department”. 

Removes the word “to” from the last sentence. This revision is superseded by revisions 

in 919.B.5. in AQ 220. 

2003, AQ 220 (12/20/2003) 

919.B.5.d.ii. Louisiana added the definition of “peak ozone season daily process rate”. 

This definition clarifies any potential confusion on its interpretation. 

2003, AQ 220 12/20/2003 

919.B.5.f.-g. Louisiana revises the emission information section by requiring all criteria 

pollutant to be reported rather than just NOx and VOC. This strengthens the SIP by 

increasing the number of pollutants required to be reported. A new section is added in 

919.B.5.g. the requirements of the stack parameters; it defines the required stack 

parameters. 

2003, AQ220 (12/20/2003) 

919 C. Calculations. The state added “approved stack testing” as a method of 

calculating emissions from an emissions point. The state is providing an additional 

method of calculating emissions that is consistent with Federal requirements. 

2006, AQ 255. 2/20/2006.

919.C. Calculations. Requires CEMS to be the method that should be used to measure 

actual emissions, rather than having it as the “desired method”. This revision is more 

stringent because it requires facilities to use the most recent state and federally approved 

data. It also requires facilities to use the most recent edition of EPA’s AP-42, 

calculations published in engineering journals, or EPA / LDEQ approved methods. 

2003, AQ 220 12/20/2003.

919.D. Reporting Requirements. This revision eliminates the approved paragraph D and 

replaces it as follows: 

“D. After data processing and inventory update, the department will submit the revised inventory to the 

facility for final verification and signature. The certified inventory shall then be submitted to the Office of 

Environmental Assessment, Environmental Evaluation Division, within 60 days from the date of receipt of 

the data from the department. 

ED. Reporting Requirements. The AES for the 1992 Ozone Nonattainment Area Inventory shall be 

submitted to the department no later than March 31, 1993 unless otherwise directed. Subsequent AESs and 

Ozone Nonattainment Area Inventories updates shall contain emissions data from the previous calendar 

year and shall be due on March 31 of each year unless otherwise directed. Attainment Area Inventory shall 

be submitted to the department from the previous calendar year no later than March 31 of each year unless 
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otherwise directed. The annual emissions inventory shall be submitted to the department no later than 

March 31 for the previous calendar year unless otherwise directed.”

This revision eliminates an administrative step which does not affect the SIP. The 

timelines and deadlines for submittal are retained. This is approvable. 

2003, AQ 220 12/20/2003.

919.E. Paragraph E. is renumbered to paragraph D. This is an administrative change 

which is approvable. 

2003, AQ 220 12/20/2003 

919.F. Fees. This new section is added. It states that annual emission inventory will be 

used to asses the criteria pollutant fee. 

These revisions in AQ 220 do not change the rule; instead, they give a clear explanation 

of the emissions reporting requirements required by federal requirement. EPA is 

recommending approval. 

Section 927. Notification Required (Unauthorized Discharges) 

1996. OS15, 8/20/93. The previously approved provisions will remain in place because 

the revised section has not been submitted. The State withdrew this SIP revision in a 

letter to EPA dated January 25, 2011. 

Analysis 

927. Section 927 Notification Required (Emergency Occurrences) was approved 

by EPA on 03/08/89 (54 FR 09795), codified at 52.970(c)(49), and became 

federally-effective on 05/08/89. LDEQ adopted revisions to section 927 

Notification Required (Unauthorized Discharges) in August 1993. Section 927 

requires that owners or operators of facilities experiencing unauthorized discharge 

of any air pollutant into the atmosphere to comply with the written reporting 

requirements of LAC 33:I.Chapter 39, Notification Regulations and Procedures 

for Unauthorized Discharges, section 3925 Written Notification Procedures 

pursuant to LAC 33:I.3925. Section 3925 was last revised by LDEQ, Office of the 

Secretary, Legal Affairs Division in December 2007. See LR 33:2628 (December 

2007). The LAC 33:I.Chapter 39, Notification Regulations and Procedures for 

Unauthorized Discharges is not in the SIP, and has not been submitted to be 

included into the Louisiana SIP. 

CHAPTER 11. Control of Emissions of Smoke

1996, AQ 125. 10/20/95. 

1101.A. The change removes the term “undesirable levels” from this statement and 

replaces it with a general statement about the purpose of the section . This is consistent 

with other changes where this term was used. 

Section 1105. Smoke from Flaring Shall Not Exceed 20 Percent Opacity. 
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1999-2001, AQ 183. 04/20/1999. 

1105. In this revision, the title of the subsection is changed from “Smoke from Flaring 

Shall be no Darker than No. 1 Ringelmann” to “Smoke from Flaring Shall Not Exceed 

20 Percent Opacity”. The language is revised to reflect current EPA opacity reading 

methods. This is approvable because it brings the rule up to date with federal test 

methods since the Ringleman method is no longer used for enforcement purposes. 

 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 is not darker than No. 1 on the Ringelmann Smoke Chart

more than an aggregate time does not exceed 20 percent opacity (LAC 33:111.1503.Table 4) 

for a combined total of six hours in any ten consecutive days. If it appears 

the emergency cannot be controlled in six hours, the administrative 

authority shall be notified by the emitter 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.

2005, OS 65. 07/20/2005. 

1105.A. The revision changes the name of the Office to which reports must be made. 

This change reflects the new organizational structure of LDEQ. The un-tagged paragraph 

is now labeled 1105.A. There is not a paragraph B. These are approvable because these 

are administrative changes only. This revision supercedes the revision in 1999. 

2005, OS 65. 07/20/2005. 

1107.A. Exemptions. The revision changes the name of the Office to which reports 

must be made. This change reflects the new organizational structure of LDEQ. This is 

approvable because this is an administrative change only. 

Section 1109. Control of Air Pollution from Outdoor Burning 

1996, AQ 125. 10/20/95. 

1109.A. The change removes the term “undesirable levels” from this statement and 

replaces it with a general statement about the purpose of the section. This is consistent 

with other changes where this term was used. 

Analysis 

We understand this deletion was prompted by a Louisiana state court decision that 

addressed separate Louisiana laws employing the phrase “undesirable levels.” State v. 

Union Tank Car Company, 439 So.2d 377 (La. 1983) held that the phrase “undesirable 

levels” was unconstitutionally vague for purposes of enforcing penal regulations that had 

been established under the Louisiana Air Control Law. The sentence that was removed 

from the previously approved sections 1101.A and 1109.A were informational and 

nonsubstantive. Accordingly, it did not operate with any substantive effect on other 

previously approved rules. We therefore recommend approval of these revisions. 
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1998, AQ 166. 4/20/1998. 

1109.B – F. Covers all revisions from the SIP approved version promulgated in LR 

13:741 (December 1987) up to and including the amendment in LR 21:1081 (October 

1995), and LR 24:652 (April 1998). There are no newer amendments by LDEQ. 

1109.B. Revises how a rule citation is cited. This is a minor change, and therefore it is 

approvable. 

1109.C. and D. We will not be acting on sections 1109.C. and D. as revised in AQ 166 

in this rulemaking because LDEQ requested that we not act on this in a letter dated 

January 25, 2011, in which they withdrew the revision. The previously approved 

provisions will remain in place. 

Summary of Revision: 

Moves this paragraph into paragraph D and replaces it with the list of statutory 

exceptions. It divides the approved list into statutory exceptions and exceptions 

to prohibitions found in new paragraph D. Language regarding nuisance and 

compliance with regulations no longer appears in this subsection pertaining to 

statutory exceptions. 1109.D. Exceptions to Prohibition against Outdoor Burning. 

1109.E. Formerly 1109.D. Traffic Hazards Prohibited. Simply renumbered. 

Approvable. 

1109.F. Renumbered from 1109.E. 

CHAPTER 13. Emission Standards for Particulate Matter (Including Standards for 

Some Specific Facilities)

1996, AQ 125. 10/20/1995. 

1303.A. Covers all revisions from the SIP approved version promulgated in LR 13:741 

(December 1987), as amended in LR 14:348 (June 1988), up to and including the 

amendment in LR 21:1081 (October 1995). There are no newer amendments by LDEQ. 

The existing SIP approved rule states: 

“A. Toxic Substances. Substances which are by nature toxic to human or animal life or vegetation shall be 

controlled to more restrictive levels than is required for particulate matter generally, and shall not be 

emitted in such quantities or concentrations as to produce undesirable levels.” 

As revised, Section 1303.A would read as follows: 

“A. Toxic Substances. Substances which are by nature toxic to human or animal life or vegetation may be 

controlled to more restrictive levels than is required for particulate matter in general.” 

Analysis 

The change removes the term “undesirable levels” from this statement and replaces it 

with a general statement about the purpose of the section. This is consistent with other 

changes where this term was used. We understand this deletion was prompted by a 

Louisiana state court decision that addressed separate Louisiana laws employing the 

phrase “undesirable levels.” State v. Union Tank Car Company, 439 So.2d 377 (La. 
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1983) held that the phrase “undesirable levels” was unconstitutionally vague for purposes 

of enforcing penal regulations that had been established under the Louisiana Air Control 

Law. The sentence that was removed from the previously approved Section 1303.A was 

informational and nonsubstantive. Accordingly, it did not operate with any substantive 

effect on other previously approved rules. We therefore recommend approval of this 

revision. 

1997, AQ 148. 6/20/1997. 

1311.C – D. Covers all revisions from the SIP approved version promulgated in LR 

13:741 (December 1987), as amended in LR 14:348 (June 1988), up to and including the 

amendment in LR 23:720 (June 1997). There are no newer amendments by LDEQ. 

Analysis 

These revisions are administrative in nature and address changes for clarity; there are no 

substantive changes. All concepts remain the same. Changes were made to distinguish 

the requirements for all fluid catalytic cracking units from the requirements for all other 

processes. The revised rule under subsection D of section 1311 is identical to the New 

Source Performance Standard under 40 CFR 60.102(a)(2) (Standard for Particulate 

Matter). We therefore recommend approval of this revision. 

1996, AQ 83. 10/20/1994. 

1319. Section 1319 is revised and moved to Section 2521. NOTE: This section was 

edited for technical clarifications. See the Review under Chapter 25. 

CHAPTER 14. Conformity

2005, OS65, 10/20/05 

OS65 changes LAC.III.1410.A.5.a.i, a section of a previously approved rule, as follows: 

i. ***. As a matter of policy, should the department make such determination or 

commitment, the federal agency must provide to the department Office of Environmental 

Assessment, Air Quality Assessment Division information on all known projects or other actions 

which 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:III.1405. *** 

This change to the previously approved rule is a nonsubstantive regulatory wording 

change that clarifies the state department to which federal agencies should submit 

information pursuant to the rule. The current version of LAC.III.1410 reflects a further 

change to remove the phrase “Air Quality Assessment Division,” but this change has not 

been submitted as a proposed revision. As stated, however, OS65 makes a change that 

serves to clarify the previously approved rule, and we therefore recommend approval of 

the proposed revision. 
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CHAPTER 15. Emission Standards for Sulfur Dioxide

This technical support document (TSD) concerns our evaluation of Louisiana 

Administrative Code (LAC) Title 33 Environmental Quality Part III Air, Chapter 15 

Emission Standards for Sulfur Dioxide as a revision to the Louisiana State 

Implementation Plan (SIP) submitted to EPA in a series of annual general SIP updates 

from 1994-2006. 

Chapter 15 was last approved by EPA on 07/15/93 (58 FR 38060), codified at 

52.970(c)(59), and became effective 09/13/93. 

Chapter 15. Emission Standards for Sulfur Dioxide. 

1997, AQ 145, 12/20/96 

1503. Emission Limitations. 

Table 4 is not part of the approved SIP. In this Table, Emissions- Methods of 

Contaminant Measurement, the revision removes references to repealed chapter 60 and 

replaces it with 40 CFR part 60, appendix A, as incorporated by reference at LAC 

33:III.3003. In this action we would propose to approve this table into the SIP with the 

references to 40 CFR 60 and chapter 30’s incorporation by reference. 

1997. AQ 161, 12/20/97 

1503 Emission Limitations and 1507 Exceptions. Section 1503 references to LAC 33: 

III. 3232 have been changed to 40 CFR 60.82 and 60.83 and references to LAC 33: III. 

3264.A.2 have been changed to 40 CFR 60.104(a)(2). AQ 161 also updates LAC 33: III. 

Chapter 30 to incorporate without change 40 CFR Part 60 as revised July 1, 1996, and 

Part 60 standards promulgated by EPA in Federal Register Notices during the period 

between July 2, 1996 through June 30, 1997, and also on September 15, 1997. As a result 

of this update, reference to citations also was subject to change. In Section 1503, 

references to LAC 33: III. 3232 were changed as noted. This revision maintains the 

delegation of authority from EPA to implement National Standards of Performance for 

New Stationary Sources (NSPS). This revision appeared in the Volume 23, No. 12, 

December 20, 1997 pages 1676-1678 of the Louisiana Register. See the evaluation of the 

2005. OS 065 LAC 33:III.1507 Exceptions below for more information. 

1998. AQ 171, 7/20/98 

1503. Emission Limitations, and 1507 Exceptions. This revision clarifies that all 40 

CFR part 60 references that appear in LAC 33: III. Chapters 5, 15, 21,23, 25, and 30 are 

as incorporated by reference in LAC 33: III. Chapter 30. AQ 171 updates the references 

to the CFR contained in LAC 33: III. Chapter 30 to those regulations published in 40 

CFR Part 60 in July 1997. This revision clarifies that all 40 CFR part 60 references that 

appear in LAC 33: III. Chapters 5, 15, 21, 23, 25, 30 are as incorporated by reference in 

LAC 33: III. Chapter 30. In 1503.A, references to LAC 33: III. 3232 and 3233 were 

changed to 40 CFR 60.82 and 60.83, as incorporated by reference in LAC 33: III. 

Chapter 30. In 1503.B, references to LAC 33: III. 3265.A.2 has been changed to 40 CFR 

60.104(a)(2). The changes made to 1503, as a result of AQ 171 were minor and no 

significant wording or meaning of the General SIP was altered. The only adjustments 
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made by AQ 171 to Section 1503 are changes of reference citations. This revision 

updates the CFR reference and clarifies the department’s authority related to 40 CFR part 

60 and proper reporting procedures. These updates from this revision, the revisions in AQ 

171, are administrative in nature, should facilitate enforcement of the New Source 

Performance Standards (NSPS) in Louisiana. Thus LAC 33: III. 1503 should be given 

approval. 

2005. OS 065, 10/20/05 

1507 Exceptions. Section 1507 was last approved by EPA on 07/15/93 (58 FR 38060), at 

52.970(c)(59), and became effective on 09/13/93. The State requested that EPA not act 

on this provision in a letter dated January 25, 2011 in which they withdrew this revision. 

The current EPA-approved version will continue to remain in the SIP. 

1998. AQ 180, 12/20/98, 

1509. Reduced Sulfur Compounds (New and Existing Sources). This rule revision will 

allow units emitting reduced sulfur compounds with concentration less than 400 ppm 

hydrogen sulfide to be exempt from the requirements of LAC 33:III.1509. The basis and 

rationale for this rule are to remove the requirement for facilities to install controls in 

cases where the concentration is so low that the cost is not justified. State reports that 

this rule revision meets the exceptions listed in R.S. 30:2019(D)(3) and R.S. 

49:953(G)(3); therefore, no report regarding environmental/health benefits and 

social/economic costs is required. A word-by-word comparison of the EPA-approved 

section 1509, on 07/15/93 (58 FR 38060), with the adopted revision reveals that the only 

change is adding the term “400 ppm concentration” for H2S. See Table I, Appendix A of 

this document. Hydrogen sulfide (H2S) is not a criteria pollutant, thus this provision 

does not need to be in the SIP. The State requested that EPA not act on this provision in a 

letter dated January 25, 2011 in which they withdrew this revision. The current EPAapproved version of the section 1509 (the 07/15/93 (58 FR 38060) version) will continue 

to remain in the SIP. 

2005. AQ 248, 5/20/05, 

1509. Reduced Sulfur Compounds (New and Existing Sources). This rule revision will 

add “v” to the term “400 ppm” to read as “400 ppmv.” See Table I, Appendix A of this 

document. Hydrogen sulfide (H2S) is not a criteria pollutant, thus this provision does not 

need to be in the SIP. The State requested that EPA not act on this provision in a letter 

dated January 25, 2011 in which they withdrew this revision. The current EPAapproved version of the section 1509 (the 07/15/93 (58 FR 38060) version) will continue 

to remain in the SIP. 

1997, AQ 145, 12/20/96 

1511.B. The revision removes a reference to repealed chapter 60 and replaces it with 40 

CFR part 60, appendix A, as incorporated by reference at LAC 33:III.3003. This change 

is administrative and incorporates by reference the applicable federal regulations and is 

approvable. 
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Appendix A is presented for your reference and convenience. Table I of Appendix A 

contains both EPA-approved SIP sections, and their affected LDEQ-adopted sections of 

Chapter 15 

CHAPTER 19 (Repealed)

1999-2001, AQ200. 8/20/2000. 

1901-1935. Vehicle Inspection and Maintenance (I/M) Rules. The rules in this revision, 

which are repealed, were not part of the approved SIP. The fee rules were part of the 

I/M rules. Since the program for which these rules were written was never implemented, 

it is appropriate that the rules be repealed by the state. An I/M program was implemented 

under the authority granted for the state vehicle safety program instead. These rules 

which have been SIP approved are in LAC 55.III.Chapter 8 as Subchapters A, B, C. and 

E. These rules incorporate by reference the Federal I/M rules in 40 CFR 51. 

We will not be acting on this revision because we approved a substitute program 

in 67 FR 60594, September 26, 2002. 

1999-2001, AQ197. 3/20/2000. 

1951-1973. Clean Fuel Fleet Rules. These rules are repealed. EPA approved a 

substitute for the Clean Fuel Fleet program for which rules were originally approved in 

these sections. Stationary source VOC emission reductions from storage tanks were the 

substitute. (64 FR 38577, July 19, 1999; LAC33:III.2103) Recommend approval of the 

repeal. 

CHAPTER 21

Section 2103. Storage of Volatile Organic Compounds

In 1996, EPA approved Louisiana’s VOC storage regulation as meeting the Reasonably 

Available Control Technology (RACT) requirements (October 22, 1996 Federal Register, 

61 FR 54737). The revisions to the VOC storage regulation recommended for approval 

still meet the RACT requirements. 

We recommend approval of revisions to 2103 subsections A, B, C, D, G, H and I as they 

improve the SIP and meet RACT requirements. 

Specifically, we recommend approval of the SIP revisions to 2103 subsections A, B, C, 

D, G, H and I submitted on or before January 27, 2003 (up to the AQ 186 submittal) and 

the revisions submitted on May 5, 2006 (OS 65). These revisions improve the SIP by 

adding: 

• VOC requirements for Calcasieu and Pointe Coupee Parishes 

• other acceptable methods for determining true vapor pressure 

• additional record keeping requirements to verify compliance 

• an allowance for maintaining of VOC control equipment 

• non-substantive changes to improve formatting. 
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In a letter dated January 25, 2011, the State withdrew the revisions to 2103 subsection E 

submitted on June 3, 2005 (AQ 219A). 

The SIP was revised so that VOC controls for storage tanks were added to Calcasieu and 

Pointe Coupee Parishes. These requirements remain in place for the ozone nonattainment 

parishes of Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge 

(see 2103.C, D and G). Previously the requirements applied in ozone nonattainment 

parishes. Calcasieu and Pointe Coupee Parishes were nonattainment, but later 

redesignated to attainment. The revision is approvable because it improves the SIP by 

adding VOC controls to Calcasieu and Pointe Coupee Parishes. These controls will help 

the area maintain the 1997 8-hour ozone NAAQS. 

A detailed discussion of the revisions submitted by Louisiana for 2103 follows. 

1999-2001. AQ 186, 5/20/99 

2103.A. Revised to include a reference to 2103.E. 

2103.B. Revised to include references to subsections C, D, and E of 2103. 

The revisions to 2103.A and B are approvable because they are non-substantive. 

1996. AQ 137, 6/20/96 

2103.C. Control requirements for internal floating tank roofs were added for Calcasieu 

and Pointe Coupee Parishes. These requirements remain in place for the ozone 

nonattainment parishes of Ascension, East Baton Rouge, Iberville, Livingston, and West 

Baton Rouge rather than just ozone nonattainment area parishes. Previously the 

requirements applied in ozone nonattainment parishes. Calcasieu and Pointe Coupee 

Parishes were nonattainment, but later redesignated to attainment. The revision is 

approvable because it improves the SIP by adding VOC controls to Calcasieu and Pointe 

Coupee Parishes. These controls will help the area maintain the 1997 8-hour ozone 

NAAQS. 

1996. AQ 137, 6/20/96 

2103.D. As discussed above for 2103.C requirements for external floating tank roofs 

were added for Calcasieu and Pointe Coupee Parishes. 

2103.D.1.a. Revised language on “equivalent” seals to read “...a seal deemed equivalent 

by the administrative authority*.” The administrative authority* includes EPA. 

2103.D.1.c. Revised “metallic-type shoe seal” to “mechanical shoe seal.” 

2103.D.3. Revised to more clearly state the requirements for covering openings on tanks 

with external floating roofs (requirements did not change). 

2103.D.4. Revised so requirements for guide poles and stilling well systems apply in 

Calcasieu and Pointe Coupee Parishes. 

The revision is approvable because it improves the SIP by adding VOC controls to 

Calcasieu and Pointe Coupee Parishes. These controls will help the area maintain the 
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1997 8-hour ozone NAAQS. The revision also makes non-substantive changes to clarify 

the requirements. 

2005. OS65, 10/20/05 

2103.D.4.a. D.4 was reformatted. The revision is approvable because it is nonsubstantive. 

2004. AQ219A, 8/20/02 

2103.D.4.b. D.4 was reformatted and revised to include a reference to D.4.a. 

2103.D.4.c. D.4 was reformatted and revised to include a reference to D.4. 

2103.D.4.d. D.4 was reformatted and revised to include a reference to D.4. 

The revision is approvable because it is non-substantive. 

2004. AQ219A, 8/20/02 

2103.E. As discussed above in a letter dated January 25, 2011 the State withdrew the 

revisions to 2103 subsection E submitted on June 3, 2005 (AQ 186). 

1996. AQ 137, 6/20/96 

2103.G.1. Revised so section 2103 requirements also apply in Calcasieu and Pointe 

Coupee Parishes. 

2103.G.2. Revised so section 2103 requirements also apply in Calcasieu and Pointe 

Coupee Parishes. 

The revision is approvable because it improves the SIP by adding VOC controls to 

Calcasieu and Pointe Coupee Parishes. These controls will help the area maintain the 

1997 8-hour ozone NAAQS. 

1998. AQ 175, 12/20/98 

2103.G.3. Revised so section 2103 requirements also apply in Calcasieu and Pointe 

Coupee Parishes. 

2103.G.4. Revised to add the word “and.” 

2103.G.5 Revised to add an exemption for any storage tank that is used for less than two 

weeks in the calendar year is exempt from the requirements of Subsection C.1 of this 

Section, provided that the tank is empty and liquid-free when not in use. 

The revision to 2103.G.3 is approvable because it improves the SIP by adding VOC 

controls to Calcasieu and Pointe Coupee Parishes. These controls will help the area 

maintain the 1997 8-hour ozone NAAQS. The revision to 2103.G.4 is approvable 

because it is a non-substantive change. The revision to 2103.G.5 is approvable because 

tanks that are used less than two weeks in a year and empty when not in use are an 

insignificant source of VOC emissions. 

1997, AQ 145, 12/20/96 

2103.H.2.a.-d. For the test methods listed here, the revision removes a reference to 

repealed chapter 60 and replaces it with 40 CFR part 60, appendix A, as incorporated by 
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reference at LAC 33:III.3003. These changes are administrative and incorporate by 

reference the applicable federal regulations and are approvable. 

1998. AQ 149, 2/20/98 

2103.H.3. The revision in AQ 149 (2103.H.3.) expanded the methods for determining 

true vapor pressure to include: available data on the Reid vapor pressure; standard 

reference texts; ASTM Test Method D2879; or another method approved by the 

administrative authority* (see H.3). (Administrative authority* refers to LDEQ and 

EPA). It is recommended that these revisions be approved as they are acceptable 

methods for determining vapor pressure. 

The revision to 2103.H.3 is approvable because it improves the SIP by providing 

additional acceptable methods for determining vapor pressure. 

1998. AQ 175, 12/20/98

2103.I.6. Revised to require: records of the type of VOCs stored and the length of time 

stored for any storage tank exempted under subsection G.5, and verbal notification to the 

administrator no later than 24 hours after the tank starts filling. 

2004. AQ219A, 8/20/02 

2103.I.7. The revision in AQ219A (2103.I.7) added record keeping requirements for the 

owner/operator of the storage facility to include: records of the type of VOC stored and 

the length of time stored for any storage tank exempted under Subsection G.5; and 

records of planned routine maintenance performed on the vapor loss control system, due 

to the planned routine maintenance (see 2103.I, 6 and 7. This includes the duration of 

each time the vapor loss control system does not meet the specifications of Paragraph E.1 

or 2. The revisions to 2103.I are approvable because they are an improvement to the SIP. 

Additional records will help in determining compliance with control requirements. 

Section 2104. Crude Oil and Condensate

This section is not part of the previously approved SIP. 

With one exception in 2104 F.2.e, we recommend approval of the addition of a new 

section 2104 submitted on June 15, 2005 because these regulations add new VOC 

controls to the SIP and ensure that RACT is in place for sources that are not covered by a 

control techniques guideline. With the addition of 2104, LDEQ is regulating a new type 

of emissions (flash gas) and is regulating at the appropriate control applicability threshold 

for ozone nonattainment areas. The state has withdrawn for review Section 2104.F.2.e in 

a letter dated January 25, 2011. 

Specifically, the revisions added new VOC control requirements for “flash gas” 

emissions from facilities that: 

• produce oil and natural gas (SIC code 1311) 

• process natural gas (SIC code 1321) 

• transmit natural gas (SIC code 4922) 
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Flash gas emissions are VOC emissions to the atmosphere from depressurization of crude 

oil or condensate when it is transferred from a higher pressure to a lower pressure tank, 

reservoir, or other container. 

The requirements apply to facilities that produce oil and natural, process natural gas, or 

transmit natural gas, and have the potential to emit flash gas emissions of: 

• 25 tons/year (tpy) or more in Ascension, East Baton Rouge, Iberville, Livingston, and 

West Baton Rouge Parishes (Baton Rouge ozone nonattainment area) 

• 50 tpy or more in Calcasieu Parish 

• 100 tpy or more in any other parish 

Facilities covered by the regulation must control VOC emissions with a vapor recovery 

system (see 2104.C). 

The revisions improve the SIP by adding: 

• requirements to control flash gas emissions of VOCs 

• an applicability threshold for VOC emissions of 25 tpy in the Baton Rouge ozone 

nonattainment area. 

The VOC emissions threshold of 25 tpy is the Reasonable Available Control Technology 

(RACT) threshold for severe ozone nonattainment areas. 

EPA recommends that the rules be approved as meeting RACT for these sources. 

Submittal and revisions to submittals were made as follows: 

2004. AQ 151, 11/20/97 

2104.A. Applicability. This is a new section. 

2004. AQ219A, 8/20/02 

2104.A. Adds Calcasieu Parish to the list of parishes subject to this rule. 

2005. AQ 236, 04/20/04 

2104.A. Lowers the threshold in Calcasieu Parish from 100 to 50 TPY. 

2004. AQ 151, 11/20/97 

2104.B. AQ 151 New definitions section. 

2104.C. AQ 151 New control requirements section. 

2104.C.1. AQ 151 New section applicable statewide. 

2004. AQ219A, 8/20/02 

2104.C.2.-3. Adds Calcasieu Parish to the list of parishes subject to this rule. 

2005. AQ 236, 04/20/04 

2104.C.2.-4. 2104.C.2. AQ 236 New section for Baton Rouge ozone nonattainment 

area. 

2104.C.3. AQ 236 New section for Calcasieu Parish. 
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2104.C.4. AQ 236 New section for parishes other than Ascension, Calcasieu, East 

Baton Rouge, Iberville, Livingston, and West Baton Rouge. 

2004. AQ 151, 11/20/97 

2104.D. AQ 151 New exemption section for facilities covered under the Federal 

NESHAP or NSPS regulations and temporary tanks associated with well testing 

operations for a period of up to 90 days following initial production from that well. The 

exemption is acceptable because controls are covered by federal regulations that are as 

stringent as the State rule. 

2004. AQ219A, 8/20/02 

2104.E. Adds a compliance date (2003) specifically for Calcasieu Parish facilities with 

the potential to emit less than 100 TPY than for the Baton Rouge Nonattainment Parishes 

(1998) or all the other facilities (1999). This improves the SIP because it makes the 

compliance requirements for those facilities in Calcasieu Parish identical to the 

requirements in the Baton Rouge nonattainment area. Calcasieu Parish is now an 

attainment area. The Calcasieu compliance schedule was to be one year from rule 

promulgation, or November 20,1998. Since this change carves out those facilities with 

PTE of 100 TPY, these facilities were given one year after the revision was promulgated 

to come into compliance. The compliance dates have already occurred. Approvable. 

2005. AQ 236, 04/20/04 

2104E. 2104.E. AQ 236 New compliance section. 

2004. AQ 151, 11/20/97 

2104.F. AQ 151 New section on test methods. The test methods are the federal 

methods. Section 2104.F.2.e allows use of “additional performance test procedures, or 

equivalent test methods, approved by the administrative authority.” As administrative 

authority (without an asterisk) refers to LDEQ only, the State requested that EPA not act 

on this particular revision in a letter dated January 25, 2011 in which they withdrew this 

revision. 

2104.G. AQ 151 New section for monitoring, recordkeeping and reporting 

Test methods, monitoring, recordkeeping and reporting are need in order to enforce the 

regulations. 

Separate from this one exception, the regulation provides for sufficient testing, 

monitoring, recordkeeping and reporting for evaluating compliance. 

Section 2107. Volatile Organic Compounds – Loading

1997, AQ 145, 12/20/96 

2107.E.1.-2, For the test methods listed here, the revision removes a reference to 

repealed chapter 60 and replaces it with 40 CFR part 60, appendix A, as incorporated by 

reference at LAC 33:III.3003. These changes are administrative and incorporate by 

reference the applicable federal regulations and are approvable. 
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1998. AQ 149. 1/20/98. 

2107.E.3. We will not be acting on revisions to section 2107.E.3. in AQ 149 in this 

rulemaking because LDEQ withdrew this revision in a letter dated January 25, 2011. 

The previously approved provisions will remain in place. 

Section 2108. Marine Vapor Recovery

We recommend that the revisions to section 2108 be approved because they improve the 

SIP and clarifying the requirements. The revisions improve the SIP by lowering the 

exemption level to 25 tpy for the Baton Rouge ozone nonattainment. This also ensures 

that RACT is in place for these sources as made necessary by the area’s reclassification 

to severe. The revisions to clarify the requirements are non-substantive changes. 

1998. AQ 149, 1/20/98 

2108.A. This revision restates what is already approved in a way that clarifies that VOCs 

with true vapor pressures of less than 1.5 psi are exempt from control requirements. This 

is not a weakening, just a clarification. 

2005. AQ 236, 04/20/04 

2108.A. Lowers the major source threshold to 25 tpy and adds the list of Baton Rouge 

nonattainment parishes for which this level applies. For any other parish, the level 

remains at 100 tpy. Approvable. 

1998. AQ 149, 1/20/98 

2108. C2.-C3. Previously approved C.2. and C.3. are combined into C.2. New C.3. 

simply references the new clarification about what is exempt in paragraph A. 

These are all approvable. 

2005. AQ 236, 04/20/04 

2108.D.4. Adds this subparagraph to give a one year timeline for implementation by 

those sources affected by the change to paragraph A in this revision. Approvable. 

1997, AQ 145, 12/20/96 

2108.E.1.a.i.-ii. and E.1.b. For the test methods listed here, the revision adds a reference 

to 40 CFR part 60, appendix A, as incorporated by reference at LAC 33:III.3003. 

1997. AQ 161, 12/20/97 

2108.E.2. This action updates the references to LAC 33:III Chapter 30 to incorporate 

without change 40 CFR Part 60 as revised July 1, 1996, and Part 60 standards 

promulgated by EPA in Federal Register notices during the period July 2, 1996 through 

June 30, 1997 and September 15, 1997. 
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1998. AQ171, 7/20/98 

2108.E.2. Simply updates a reference from Chapter 37 to a 40 CFR 60 reference IBR’d 

in Chapter 30. Approvable.

1997, AQ 145, 12/20/96 

2108.E.3. The revision adds a reference to 40 CFR part 60, appendix A, as incorporated 

by reference at LAC 33:III.3003. 

2108.E.5. The revision adds a reference to 40 CFR part 60, appendix A, as incorporated 

by reference at LAC 33:III.3003. 

 These changes are administrative and incorporate by reference the applicable 

federal regulations and are approvable. 

2005. OS65, 10/20/05 

2108.F.1. Updates the reference to the correct reorganized Department Office 

designation. Approvable. 

2109. Oil/Water—Separation 

1997, AQ 145, 12/20/96 

2109.C.1.-4. For the test methods, the revision removes a reference to repealed chapter 

60 and replaces it with 40 CFR part 60, appendix A, as incorporated by reference at LAC 

33:III.3003. These changes are administrative and incorporate by reference the 

applicable federal regulations and are approvable. 

Section 2113. Housekeeping

1999-2001. AQ 186, 05/20/1999 

2113.A. and A.4. This sections concerns storage of VOCs and appropriate housekeeping 

measures. The introductory sentences in the approved SIP have been pulled into 

paragraph A. LDEQ has removed the requirement in 2113.A.4 that require that the 

facility submit the housekeeping plan for the reduction or prevention of VOC emissions 

as part of the permit application. It now requires that the plan be kept on site if practical, 

and must be submitted to LDEQ “upon request”. The revision of section A.4 is 

approvable. There is no a federal requirement to submit a housekeeping and maintenance 

plan with a permit application itself. Further, this does not weaken the SIP because upon 

permit application review, if such a plan were deemed necessary to determining 

compliance, the agency could request the plan, and thus a source is still required to 

provide one. 

SIP-approved rule with Proposed Revision (strikeout/redline is revision): 
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Best practical housekeeping and maintenance practices must be maintained at the highest possible 

standards to reduce the quantity of organic compounds emissions. Emission of organic compounds must be 

reduced wherever feasible. 

A. Good housekeeping shall include but not be limited to the following practices: 

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 Air Quality Division upon request. as a part of the information package accompanying a 

permit application for a new facility or major modification or at any other time as requested. A copy shall 

be kept at the facility, if practical, or at an alternate site approved by the Air Quality Division. 

2005. OS65, 10/20/05 

2113.A.4. Updates the reference to the correct reorganized Department Office 

designation. Approvable. 

Section 2115 Waste Gas Disposal

In summary, Louisiana has made a number of minor revisions to its waste gas disposal 

rules. These rules make sure RACT is in place for these vent streams as required by the 

section 182(b)(2) of the Act that requires States to adopt RACT for all major sources of 

VOC in ozone nonattainment areas. Louisiana has also made changes necessary to 

ensure controls on 25 tpy and greater sources due to an area’s reclassification to Severe 

under the 1-hour standard. 

1998. AQ149, 2/20/98 

2115. Introductory paragraph Sets the emissions limit to 50 TPY for Parishes subject 

to this rule, and to 100 TPY for the rest of the Parishes. It also exempts from the rule 

facilities subject to control requirements in other sections of this chapter or other federal 

or state requirements that are more stringent than what is required by this section. This 

revision was superseded by the 2004 submittal (below) in AQ 219A. 

SIP rule: did not contain thresholds (50 tpy). ( “Any waste gas disposal stream containing volatile 

organic compounds (VOC) from any emission source including those emissions from process unit upsets, 

start-ups and shutdowns shall be controlled by one of the following methods:”)

2004. AQ219 A, 08/20/02 98 

2115. Introductory paragraph. Requires the affected stream to be controlled “by one 

of the methods described in subsections A-G of this section. 219A lists the parishes for 

which this rule applies. It also sets the emission limit of potential to emit (PTE) 50 TPY 

of VOC for these parishes, and 100 TPY PTE of VOC in any other Parish. While this 

supersedes the 1998 submittal above, it is superseded by the 2004 submittal (below) in 

AQ 236. 

2004. AQ236, 04/20/04 

2115. Introductory paragraph lists the parishes where the rule applies and sets the 

emission threshold to 25 TPY rather than the 50 TPY, and 50 TPY in the parishes of 

Calcasieu and Pointe Coupee, and 100 TPY in other parishes. By making these changes 
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Louisiana is ensuring that RACT is in place on 25 tpy sources as required for 1-hour 

severe areas. 

1998. AQ149, 2/20/98

2115.A. Shortens the reference to subsection J.1 of this section from “LAC III.2115.J.1.” 

This is a nonsubstantive change, therefore approvable 

1998. AQ149, 2/20/98

2115.B. Shortens the reference to subsection J.1 of this section from “LAC III.2115.J.1.” 

This is a nonsubstantive change, therefore approvable. 

1998. AQ149, 2/20/98

2115.C. The substance of the rule was not changed, therefore it is approvable. 

C. All waste gas disposal streams containing VOC at the following sources in existing polypropylene 

plants using liquid phase processes shall be controlled as specified in LAC 33:III.2115.B above:

 1. polymerization reaction section (i.e., reactor vents);

 2. material recovery section (i.e., decanter vents, neutralizer vents, by-product and diluent recovery 

operation vents); and

 3. product finishing section (i.e., dryer vents and extrusion and pelletizing vents). 

1998. AQ149, 2/20/98

2115.D. The substance of the rule was not changed, therefore it is approvable. 

1998. AQ149, 2/20/98

2115.E. The substance of the rule was not changed, therefore it is approvable. 

1998. AQ149, 2/20/98

2115.F. Shortens the reference to subsection J.1 of this section from “LAC III.2115.J.1.” 

The substance of the rule was not changed, therefore it is approvable. 

1998. AQ149, 2/20/98

2115.G. Shortens the reference to subsection J.1 of this section. Adds a subtitle to the 

subsection: Alternative Control Requirements. This is a mere administrative change and 

thus approvable. 

Sip rule With Noted Proposed Revision: 

G. Other methods of control (such as, but not limited to, carbon adsorption, refrigeration, catalytic and/or 

thermal reaction, secondary steam stripping, recycling or vapor recovery system) may be substituted for 

burning provided the substitute is acceptable to the administrative authority* and it achieves the same 

removal efficiency as required by this Section and determined in accordance with LAC 33:III.2115.J.1 or it 

achieves a degree of control not practically or safely achieved by other means.
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1998. AQ149, 2/20/98

2115. H.-H.2. . Revises the language, and replaces the term “vent gas stream” with 

“waste gas stream.” The definition of waste gas stream is introduced in this same AQ 

rulemaking. It is found in section 2115.M. It differs from a vent gas stream because it 

may either be discharged directly to the atmosphere (like a vent gas stream) or indirectly 

to the atmosphere after diversion through other process equipment. This revision is 

approvable because it is more inclusive than the term vent gas stream, and we also find 

that the definition for waste gas stream is approvable (see below in the discussion of 

2115.M). 

Sip Rule: Except for waste gas disposal streams subject to Subsections C, D and E of this Section, the 

administrative authority* may waive the requirements of this Section if one of the following conditions is 

met:

2004. AQ219 A, 08/20/02 

2115.H.1.a. Lists the parishes for which this exemption applies. It also sets the emission 

limit of potential to emit (PTE) 50 TPY of VOC for these parishes, and 100 TPY PTE of 

VOC in any other Parish. This change was superseded by AQ 236 below in 2004. 

2004. AQ236, 04/20/04

2115.H.1.a. Lists the parishes where the rule applies and sets the emission threshold to 25 

TPY rather than the 50 TPY, and 50 TPY in the parishes of Calcasieu and Pointe Coupee, 

and 100 TPY in other parishes. This updates the SIP to comply with the areas’ 

classification status. This is approvable. 

1998. AQ149, 2/20/98 

2115.H.3. Deletes the word disposal from “waste gas disposal stream” to read as “waste 

gas stream.” This is approvable because the word “disposal” is not necessary to the term. 

SIP rule:3. Waste gas disposal streams subject to Subsections C, D and E of this Section are exempt from 

the requirements of this Section if it can be demonstrated that the waste gas disposal stream has a 

concentration of VOC no greater than 408 ppm by volume. 

1997, AQ 145, 12/20/96 

2115.I.1.-4. For the Test methods, the revision removes a reference to repealed chapter 

60 and replaces it with 40 CFR part 60, appendix A, as incorporated by reference at LAC 

33:III.3003. These changes are administrative and incorporate by reference the 

applicable federal regulations and are approvable. 

2004. AQ219 A, 08/20/02

2115.J. Compliance – the approved rule requires compliance no later than two years after 

the facility becomes an affected facility while the 2002 revision requires compliance with 

this rule no later than one year from promulgation. This change is superseded by the 

revision in AQ 236 below. 

SIP rule: J. Compliance. All facilities affected by LAC 33:III.2115 shall be in compliance as soon as 

practicable but in no event later than two years after becoming an affected facility, except for the parishes 
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of Ascension, Calcasieu, East Baton Rouge, Iberville, Pointe Coupee, St. James and West Baton Rouge 

where facilities shall be in compliance no later than one year after becoming an affected facility.

2004. AQ236, 04/20/04

2115.J. Sets a compliance date of August 20, 2003, for section 2115 as promulgated in 

2002 by AQ 219A, and requires compliance within one year from the applicability of the 

regulation to a source that may become subject to it after that date. These changes 

improve the regulations by clarifying certain requirements. EPA agrees that this 

represents expeditious implementation of section 2115 . Therefore, approval of this 

revision is recommended. This supersedes the change made in 2002 in AQ 219A above. 

1998. AQ149, 2/20/98

2115.K.4. Removes the parenthetical language in K.4 (see below) that gives an example 

of a type of record that must be maintained. Because this is a minor substantive change, 

it is approvable. 

SIP rule: 

 K. Recordkeeping. The owner or operator of any facility subject to LAC 33:III.2115 shall maintain the 

following information on the premises for at least two years and shall make such information available to 

representatives of the Louisiana Department of Environmental Quality and the Environmental Protection 

Agency upon request:

 1. a record for each vent of the results of any testing conducted at the facility in accordance with the 

provisions specified in Paragraph I and J of this Section;

 2. the date for any maintenance and repair of required control devices and the estimated quantity and 

duration of volatile organic compound emissions during such activities;

 3. records for each vent required to satisfy the provisions of LAC 33:III.2115.J.2 to demonstrate the 

proper functioning of applicable control equipment to design specifications;

 4. records to demonstrate that the criteria are being met for any exemption claimed (such as daily 

records of VOC waste gas stream throughput or concentrations). 

1998. AQ149, 2/20/98

2115.M. Adds this section containing definitions for “safety relief and vapor blowdown 

systems”, and “waste gas stream”, in addition to definitions specified in LAC 33:III.111. 

The definitions are consistent with meanings commonly used in the field of air pollution 

control. Approvable. 

Section 2116. Glycol Dehydrators

1997. AQ 145, 12/20/96

This section is not part of the approved SIP. In a letter, the State withdrew this rule 

because it was a state-only rule. Therefore the state has requested to withdraw this 

revision in a letter dated January 25, 2011. 

2116.D.4. The revision removes a reference to repealed chapter 60 and replaces it with 40 

CFR part 60, appendix A, as incorporated by reference at LAC 33:III.3003. 
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1999-2001, OS65, 7/20/05 

2116.G.1.-2. Updates the reference to the correct reorganized Department Office 

designation. The state has withdrawn this revision in OS 65 from consideration in a 

letter dated January 25, 2011. 

Section 2117. Exemptions

1996. AQ72, 03/20/94 

2117. Exemptions. Adds to the list of compounds exempt from the control requirement 

of LAC 33:III 2101 to 2145 the following compounds: hydrochlorofluorocarbons 

(HCFC) 124, 125, 134a, 143a,152a, cyclic, branched, or linear, completely fluorinated: 

alkanes, ethers with no unsaturations, tertiatyamines with no unsaturations, and sulfur 

containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon 

and fluorine. All these compounds are on the federal list of exempted compounds found 

in 40 C.F.R. 51.100 (s). 

 SIP Rule: 

The following compounds are exempt from the control requirements of 

LAC 33:III.2101 to 2147: 

methane, 

ethane, 

1,1,1 trichloroethane (methyl chloroform), 

methylene chloride (dichloromethane), 

trichlorofluoromethane (CFC-11), 

dichlorodifluoromethane (CFC-12), 

chlorodifluoromethane (CFC-22), 

trichlorotrifluoroethane (CFC-113), 

trifluoromethane (FC-23), 

dichlorotetrafluoroethane (CFC-114), 

chloropentafluoroethane (CFC-115), 

dichlorotrifluroethane (HCFC-123), 

tetrafluoroethane (HFC-134a), 

dichlorofluoroethane (HCFC-141b), and 

chlorodifluoroethane (HCFC-142b). 

1996. AQ113, 07/20/95 

2117. Exemptions. Adds to the list of compounds exempt from the control requirement 

of LAC 33:III 2101 to 2145 the following compounds: PCBTF, and cyclic, branched, or 

linear completely methylated siloxanes. All these compounds are on the federal list of 

exempted compounds found in 40 C.F.R. 51.100 (s). 

1996. AQ 131, 01/20/96 

2117. Exemptions. Adds acetone to the list of compounds excluded from the definition 

of VOC. Republishes the list that was originally published on 12/20/95 because several 

chemical extensions were inadvertently omitted in the former publication. Acetone is on 

the federal list of exempted compounds found in 40 C.F.R. 51.100 (s). 
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1996. AQ141, 8/20/96 

2117. Exemptions. Adds perchloroethylene to the list to be consistent with federal 

requirements. This compound is on the federal list of exempted compounds found in 40 

C.F.R. 51.100 (s). 

1997. AQ 165, 12/20/97 

2117. Exemptions. Adds 19 additional VOCs to the exempt list of compounds to be 

consistent with federal changes. All these compounds are on the federal list of exempted 

compounds found in 40 C.F.R. 51.100 (s). 

1998. AQ 149, 02/20/98 

2117. Exemptions. Updates the list of exempted VOCs by adding three more 

compounds All these compounds are on the federal list of exempted compounds found in 

40 C.F.R. 51.100 (s). 

1999-2001. AQ 182, 02/20/99 

2117. Exemptions. Updates the list of exempted VOCs by adding methyl acetate. This 

Compound is on the federal list of exempted compounds found in 40 C.F.R. 51.100 (s). 

We recommend approving all the revisions to section 2117. 

Section 2120. Use of Incidental VOC Reductions to Demonstrate Reasonable 

Further Progress.

1996. AQ 103, 01/20/95 

2120. Changes were made to subsections B, C, and D, but in the next action in AQ 109, 

the entire rule was repealed (see AQ 109 below). 

1996. AQ 109, 07/20/95 

1996. AQ 109, 07/20/95 

2120. This rule was repealed to remove a redundant requirement for a permit application 

since affected sources need to comply with the revised permitting requirements of 

Chapter 5 of the Air Quality rules. Because section 2120 was never part of the approved 

SIP, the State withdrew the revisions to section 2120 in a letter to EPA dated January 25, 

2011. 

Proposed Revision: 

B. Emission reductions of VOCs achieved after November 1% 1990, through compliance with air toxic 

maximum achievable control technology (MACT) standards and ambient air standards ( U S ) pursuant to 

LAC 33:rII.Chapter 51 may be utilized by the Air Quality Division where necessary to demonstrate 

reasonable further progress (RFP) in accordance with section 182(b)(l) of the Clean Air Act Amendments 

(CAAA) of 1990. Emission reductions for use shall be identified by source and tonnage. Upon request by 

the permitting authority, the owner or operator of each source so identified in the state implementation plan 

(SIP) shall submit a permit application to incorporate VOC emission reduction measures into the permit. 

The permit application shall be submitted to the department within 90 days of a request by the permitting 

authority and shall contain all information required by LAC 33:III.517, including all information relative to 
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the VOC emission reductions to be obtained through compliance with M.4n and AAS. The permit 

application shall also include compliance schedule for VOC emission reductions through the application of 

MACT (or compliance with U S ) as determined by the department pursuant to LAC 33:III.Chapter 51 and 

shall include compliance provisions specific to the source, including requirements and deadlines for 

compliance certification, testing, monitoring, reporting, and recordkeeping, which will meet the criteria 

specified in 40 CFR 70.6(a)(3) and LAC 33:ID.507.H and which will ensure that the reductions are 

maintained. The compliance schedule has the force of a regulation pending issuance of a Permit. Failure 

to comply with the provisions of the compliance schedule once approved by the department may result in 

enforcement action by EPA-pursuant to the federal Clean Air Act or by DEQ pursuant to R.S. 30:2025. 

D. Permit limits, terms, and conditions reflecting the emission reductions and corresponding compliance 

schedules and compliance measures shall be incorporated in a federally enforceable permit issued by the 

department in accordance 

Section 2121. Fugitive Emissions Control. 

In summary, Louisiana has made a number of minor changes to its leak detection and 

repair rules. These changes clarify the rule.. The revision maintains a RACT level of 

control. In general, the Leak Detection and Repair Program (LDAR)– Best Practices 

guidance (Guidance) issued by EPA in 2007 was relied on during review of the revisions: 

http://www.epa.gov/compliance/resources/publications/assistance/ldarguide.pdf

2004. AQ 237, 08/20/04 

2121.A. Applicability. Further defines that the components of interest are those that 

operate in VOC service 300 hours or more during the calendar year. Those components 

are then listed. This clarifies vague language that only referenced “equipment”. A leak 

detection and repair program is not practical for sources operating less than 300 

hours/year. An exemption from monitoring exists for equipment operated <300 hours. 

Guidance, p. 18/52. 

SIP rule with Revisions: 

Applicability. This regulation is applicable to equipment in petroleum refineries, natural gas processing 

plants, the synthetic organic chemical manufacturing industry (SOCMI), the methyl tertiary butyl ether 

(MTBE) manufacturing industry, and the polymer manufacturing industry that contains any of the 

following components that are intended to operate in VOC service 300 hours or more during the calendar 

year:

a. pumps; b. compressors’. pressure relief devices;d. open-ended valves or lines;e. process drains;f. 

valves;g. agitators;h. instrumentation systems; and. connectors. 

1996. AQ 138, 11/20/96 

2121.B.1. Superseded by AQ 237, 2004. Modifies the references to other subsections 

within this rule which clarifies the requirement for repairing a component leak of any 

concentration to a leak that is in excess of 10,000 ppmv. Guidance, p. 19/52. 

Most NSPS have a leak definition of 10,000 ppm. Many NESHAP use a 500-ppm 

or 1,000-ppm leak definition. 

Approvable. 
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SIP: B. Fugitive Emission Control Requirements

 1. No component shall be allowed to leak organic compounds exceeding 10,000 parts per million by 

volume (ppmv), as defined in LAC 33:III.111, when tested by Method 21 "Determination of Volatile 

Organic Compound Leaks" in the Division's Source Test Manual.

 Any regulated component observed leaking by sight, sound, or smell must be repaired according to 

2121.B.3, regardless of the leak's concentration. This includes flange and connection leaks found per 

2121.C.3.b, pump and compressor seal leaks found during the weekly visual inspections, and any other 

regulated component found leaking. 

Revision: 1. No component shall be allowed to leak organic 

compounds exceeding 10,000 parts per million by volume 

(ppmv), as defined in LAC 33:III.I 11, when tested by Method 

2 1 "Determination of Volatile Organic Compound Leaks" in 

the Division's Source Test Manual (LAC 33:111.6077). Any 

regulated component leaking in excess of 10,000 ppmv must 

be repaired according to Subsection B.3 of this Section. This 

includes flange and connection leaks found per Subsection 

C.3.b of this Section, pump and compressor seal leaks found 

during the weekly visual inspections, and any other regulated 

component found leaking. 

This Rule changes the reporting frequency from quarterly to semi-annually, to be more 

consistent with federal regulations. The applicable parishes for LAC 33:III.2122 are 

named so that parishes currently subject to the Rule will not be exempted when their 

attainment status changes. This Rule changes the requirement for a component which 

appears to be leaking on the basis of sight, sound, or smell. Instead of being repaired 

immediately, the component may be monitored first. If it is emitting below the leak limit, 

the component need not be repaired. Other changes to the regulation provide consistency 

and clarity. Approvable. 

1997, AQ 145, 12/20/96 

2121.B.1. The revision removes a reference to the Divisions’s Source Test Manual and 

replaces it with 40 CFR part 60, appendix A, as incorporated by reference at LAC 

33:III.3003. It also reformats two citations to other subsections of section 2121. This is 

change is administrative and is approvable. These changes are administrative and 

incorporate by reference the applicable federal regulations and are approvable. 

2004. AQ 237, 08/20/04

2121.B.1. References method 21 in 40 CFR Part 60, Appendix A as incorporated by 

reference in LAC 33:III, adds “instrumentation system leak” to the other components 

leak. 

B. Fugitive Emission Control Requirements 

 1. No component specified for monitoring under Subsection C of this Section shall be allowed to 

leak organic compounds exceeding 10,000 parts per million by volume (ppmv), as defined in LAC 

33:III.111, when tested by Method 21 "Determination of Volatile Organic Compound Leaks" in 40 CFR 

Part 60, Appendix A, as incorporated by reference at LAC 33:LU.3003. the Division's Source Test 

Manual.

 Any regulated component observed leaking by sight, sound, or smell must be repaired according to 

2121.B.3, regardless of the leak's concentration. This includes instrumentation system leaks and flange 
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and connection leaks found per 2121.C.3.b, pump and compressor seal leaks found during the weekly 

visual inspections, and any other regulated component found leaking. 

1999-2001, AQ 201, 07/20/00 

2121.C.1.a.ii. This revision removes the word “pipeline” in describing valves in liquid 

service, valves in gas service (C.1.b.ii), and flanges (C.4.c.). Since the rule is for all 

valves in refineries, the qualifier “pipeline” was not appropriate. Removes the redundant 

2121.C.1.b.vi to provide clarification to the regulations for monitoring requirements and 

exemptions. A valve is defined as a device that regulates the flow of fluid in a pipeline, a 

flange is defined as a projecting rim on a pipe used to attach it to another pipe. So we 

know that those devices are on pipelines. Therefore, removing the word pipeline does not 

make a difference.

This revision is approvable. 

1996. AQ 138, 11/20/96

2121.C.3.b. Specifies the components that need to be monitored when they appear to be 

leaking. This revision is approvable. 

New Revision: 

b. Monitor immediately with a leak detection device any component that appears to be leaking on the basis 

of sight, smell, or sound. In lieu of monitoring, the operator may elect to implement actions as specified in 

LAC 33:III.2121. 

Old language: 

B.Facilities listed in Subsection C.l and 2 of this 6 

Section: b. Monitor immediately with a leak detection device 

any component that appears to be leaking on the basis of 

sight, smell, or sound. This includes flanges and connectors, 

pump and compressor seals observed during the weekly visual 

inspections, and any other regulated components that appear I' 

to be leaking. In lieu of monitoring, the operator may elect to 

implement actions as specified in Subsection B.3 of this 

Section 

2004. AQ 237, 08/20/04

2121.C.3.b. Lists the components that need to be observed during a weekly visual 

inspection. Changes “actions specified in LAC 33:III 2121.B” to “actions as specified in 

paragraph B.3 of this Section”. 

2121.C.3.c. New item in this Subsection. It exempts valves with less than 500 ppm 

reading from the requirements of C.1.bii and iv and C.2.b.ii of this section. Section 

2121.C.3.c. lays out the requirement for equipment expected to be “leakless” and 

therefore not requiring monitoring under 2121.C.1. 

§ 63.168 Standards: Valves in gas/vapor service and in light liquid service. (2) The instrument 

reading that defines a leak in each phase of the standard is:(i) For Phase I, an instrument reading of 10,000 parts per 

million or greater. (ii) For Phase II, an instrument reading of 500 parts per million or greater. (iii) For Phase III, an 

instrument reading of 500 parts per million or greater.
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63.174 Standards: Connectors in gas/vapor service and in light liquid service. 

(a) The owner or operator of a process unit subject to this subpart shall monitor all connectors in gas/vapor and light 

liquid service, except as provided in §63.162(b) of this subpart, and in paragraphs (f) through (h) of this section, at the 

intervals specified in paragraph (b) of this section. 

(1) The connectors shall be monitored to detect leaks by the method specified in §63.180(b) of this subpart. 

(2) If an instrument reading greater than or equal to 500 parts per million is measured, a leak is detected.

According to EPA's Leak Detection and Repair- Best practice guide: Emissions from pumps 

and valves can also be reduced through the use of “leakless” valves and “sealless” pumps. 

Common leakless valves include bellows valves and diaphragm valves, and common sealless 

pumps are diaphragm pumps, canned motor pumps, and magnetic drive pumps. Leaks from 

pumps can also be reduced by using dual seals with or without barrier fluid.

1998. AQ149, 1/20/98 

2121.C.4.h.i. Adds the word “sealless” to the requirement to read as” pumps and 

compressors that are sealless or have a double mechanical seal. Approvable to now 

include additional technologies that will prevent leaks. 

4. Exemptions. Monitoring is not required on the following: 

 i. pumps and compressors that are sealless or have a with double mechanical seal. 

According to EPA's Leak Detection and Repair- Best practice guide: Emissions from pumps 

and valves can also be reduced through the use of “leakless” valves and “sealless” pumps. 

Common leakless valves include bellows valves and diaphragm valves, and common sealless 

pumps are diaphragm pumps, canned motor pumps, and magnetic drive pumps. Leaks from 

pumps can also be reduced by using dual seals with or without barrier fluid. 

1996. AQ 130, 12/20/95 

2121.D.1. is changed to read: "Alternate standards for Valves and Pumps Subject to 

LAC 33:III 2121.C.1.b. and 2.b. It adds "2.b" thus correcting an unintentional deletion of 

"2.b". This revision is administrative in nature. 

 1. Alternate Standards for Valves and Pumps subject to LAC 33:III.2121.C.1.b and 2.b-- Skip Period 

Leak Detection and Repair: 

1996. AQ 138, 11/20/96 

2121.F. Reporting Requirements. Changes from quarterly reporting to semi-annually but 

to include the quarterly results. Even though the number of reporting times has changed 

to semiannually, the reports have to include quarterly information. The first paragraph is 

redone along with the numbered items that appear to reflect more clarity in what is to be 

reported and how. This is approvable. 

F. Reporting Requirements. The operator of the affected facility shall, after each quarterly monitoring has 

been performed, submit a report listing all leaks that were located but not repaired within the 15 day limit 
37

37

along with a demonstration of achieving "good performance level." These reports are due by the last day of 

January, April, July, and October. Such reports shall include the following: 

F. Reporting Requirements. The operator of the affected 

facility shall submit 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:

2005. OS065, 10/20/05 

2121.F. Updates the reference to the correct reorganized Department Office designation. 

Approvable. 

2004. AQ 237, 08/20/04

2121.G. In G. the term “Instrumentation System” is added to the list terms defined.

Comes from the NESHAP subpart H, 40CFR63.160 

The revisions clarify requirements for instrumentation systems, designate no detectable 

emissions valves (NDE), and allow for alternate monitoring for flanges. The changes 

make the state regulations more consistent with the MACT subpart H requirements. 

These revisions improve the state rule by making it more consistent with the federal Leak 

Detection and Repair Program (LDAR) requirements, therefore the revisions are 

approvable. 

Instrumentation System a group of equipment components used to condition and convey a sample of the 

process fluid to analyzers and instruments for the purpose of determining process operating conditions 

(e.g., composition, pressure, flow). Valves and connectors are the predominant types of equipment used in 

instrumentation systems; however, other types of equipment may also be included in these systems. Only 

valves nominally 0.5 inch and smaller and connectors nominally 0.75 inch and smaller in diameter are 

considered instrumentation systems for the purposes of connectors greater than nominally 0.75 inch 

associated with instrumentation systems are not considered part of instrumentation systems and must be 

monitored individually 

Section 2122. Fugitive Emissions Control for Ozone Nonattainment Areas and 

Specified Parishes

This Rule updates the state fugitive emission control regulations to clarify requirements 

for instrumentation systems, designate "no detectable emissions" (NDE) valves, 

and allow for alternate monitoring for flanges. The changes make the state regulations 

more consistent with federal fugitive control regulations, particularly the Maximum 

Achievable Control Technology (MACT) standards of 40 CFR 63. This Rule adopts the 

definition of instrumentation system included in the Synthetic Organic Chemical 

Manufacturing Industry Hazardous Organic NESHAP (SOCMI HON) MACT (40 CFR 

63, Subpart H). The changes are not required by a federal regulation and do not alter the 

position of these fugitive emission control regulations in the Stringency Table of the 
38

38

Louisiana Fugitive Emission Program Consolidation Guidelines. The regulated 

community asked for an update to the state fugitive air emission control regulations, 

particularly to make fugitive component definitions and applicability more consistent 

with the federal regulations for Leak Detection and Repair (LDAR) programs, such as the 

MACT standards of 40 CFR 63. This Rule is also a revision to the Louisiana State 

Implementation Plan (SIP) for air quality. The basis and rationale for this Rule are to 

improve the permitting of fugitive air emissions regulated under LAC 33:111.2121 and 

2122. 

In summary, the changes to 2122 provide consistency and clarity. In addition, The 

approved SIP is for nonattainment areas classified as moderate, serious, severe, or 

extreme. The listed parishes fall under severe for the 1-hour and moderate for the 8-hour. 

So, regardless of the classification these sources are subject to this requirement. 

Therefore these revisions are approvable. 

2004. AQ237, 08/20/04 

2122.A. Applicability. 

2122.A.1. Further defines that the components of interest are those that operate in VOC 

service 300 hours or more during the calendar year. Those components are then listed. 

A. Applicability 

 1. This regulation is applicable to each process unit at petroleum refineries, natural gas processing 

plants, the synthetic organic chemical manufacturing industry (SOCMI), the methyl tertiary butyl ether 

(MTBE) manufacturing industry, and the polymer manufacturing industry that contains any of the 

following components that are intended to operate in VOC service 300 hours or more during the calendar 

year: pumps, compressors, pressure relief devices, open-ended valves or lines, process drains, valves, 

agitators, and connectors. 

Proposed Revision 

A. Applicability 

I. This regulation is applicable to each process unit at petroleum refineries, natural gas processing plants, 

the synthetic organic chemical manufacturing industry (SOCMI), the methyl tertiary butyl ether (MTBE) 

manufacturing industry, and the polymer manufacturing industry that contains any of the following 

components that are intended to operate in VOC service 300 hours or more during the calendar 

year: 

a. pumps; 

b. compressors; 

c. pressure relief devices; 

d. open-ended valves or lines; 

e. process drains; 

f. valves; 

g. agitators; 

h. instrumentation systems; and 

I, connectors. 

2004. AQ219A, 8/20/02 

2122.A.2. Lists the parishes where sources are subject to this rule. The approved SIP is 

for nonattainment areas classified as moderate, serious, severe, or extreme. The listed 

parishes fall under severe for the 1-hour and moderate for the 8-hour therefore 
39

39

irrespective of any 1-hour or 8-hour classification, these sources are subject to this 

requirement. The date for Calcasieu Parish is later because a violation of the 1-hour 

standard (before redesignation of the area to attainment was completed) triggered this as 

a contingency measure. These revisions are approvable. 

2. This Section is applicable to sources in the parishes of Ascension, Calcasieu, East Baton Rouge, 

Iberville, Livingston, Pointe Coupee, and West Baton Rouge. 

2122.A.3. Sets the compliance date for all parishes except Calcasieu as 1/1/1996. 

3. The requirements of this Section shall be effective for sources located in the parishes of Ascension; East 

Baton Rouge, Iberville, Livingston, Pointe Coupee, and West Baton Rouge starting January I, 1996. 

2122.A.4 Sets the compliance date for Calcasieu Parish as 1/1/2003. 

4. The requirements of this Section shall be effective for sources located in the parish of Calcasieu starting 

January I, 2003 

1996. AQ 138, 11/20/96 

2122.A.5. Lists the parishes where this rule is applicable, so these parishes will not be 

exempted when their attainment status changes. 

5. This Section is applicable to sources in the parishes of Ascension, East Baton Rouge, Iberville, 

Livingston, Pointe Coupee, and West Baton Rouge.

2004. AQ219A, 8/20/02

2122.A.5. Exempts sources subject to requirements in 2122.A.2-4 from being subject to 

the requirements of LAC33:III.2121. This is appropriate because 2122 is more stringent 

as facilities subject to the requirements of this section are subject to NSPS subparts V, 

VV, GGG, KKK which are more stringent than 2121. 

5 . When the provisions of this Section are effective, process units to which this section applies that are also 

subject to the provisions of LAC 0:1II.2171 will not be required to comply with the provisions of LAC 

33:111.2121 

1997. AQ 161, 12/20/97 

2122.A.6. This action updates references to LAC 33:III Chapter 30 to incorporate without 

change 40 CFR Part 60 as revised July 1, 1996, and Part 60 standards promulgated by 

EPA in Federal Register notices during the period July 2, 1996 through June 30, 1997 

and September 15, 1997. 

1998. AQ 171, 07/20/98 

2122.A.6.- 6.d. This revision updates references to the CFR as contained in LAC 33: III, 

Chapter 30. 

1996. AQ 138, 11/20/96

2122.B. Definitions. Revises the term “Inaccessible Valve/Connector” by removing the 

word connector. The definition of “Inaccessible valve” is the same as the approved 

definition in the SIP and is thus approvable. 

SIP: 

Inaccessible Valve/Connector -- a valve/connector that cannot be monitored without elevating the 

monitoring personnel more than two meters above a support surface. 
40

40

Revision: 

Inaccessible Valve-a valve that cannot be monitored without elevating the monitoring personnel more than 

two meters above a support surface. * 

1997, AQ 145, 12/20/96 

2122.B. Definitions. Good Performance Level -- the revision removes a reference to 

repealed chapter 60 and replaces it with 40 CFR part 60, appendix A, as incorporated by 

reference at LAC 33:III.3003. This change is administrative and is approvable. 

2004. AQ237, 08/20/04

2122.B. Definitions. The term “Instrumentation System” is added. This definition is 

approvable. Valves which are less than 0.5 inches in diameter and are associated with 

instrumentation systems are considered valves under NSPS Subpart VV. Although valves 

of less than 0.5 inches in diameter associated with instrumentation systems are not 

regulated as valves under 40 CFR Part 63 Subpart H, they are considered to be 

components of instrumentation systems. Because NSPS Subpart VV does not specify an 

instrumentation system as a separate piece of equipment regulated by the standard, valves 

of less than 0.5 inches in diameter associated with instrumentation systems are regulated 

by the Subpart VV standard as valves. 

Instrumentation System a group of equipment components used to condition and convey a sample of the 

process fluid to analyzers and instruments for the purpose of determining process operating conditions 

(e.g., composition, pressure, flow). Valves and connectors are the predominant types of equipment in 

instrumentation systems; however, other types of equipment may also be included in these systems. Only 

valves nominally 0.5 inch and smaller and connectors nominally 0.75 inch and smaller in diameter are 

considered instrumentation systems for the purposes of - these regulations. Valves greater than nominally 

0.5 inch and connectors greater than nominally 0.75 inch associated with instrumentation systems are not 

considered part of instrumentation systems and must be monitored individually 

1997, AQ 145, 12/20/96 

2122.C.1.a.-b. The revision removes references to repealed chapter 60 and replaces them 

with 40 CFR part 60, appendix A, as incorporated by reference at LAC 33:III.3003. 

These revisions are administrative and are approvable. 

1996. AQ 138, 11/20/96

2122.C.1.a. Deletes the component “open ended valves and lines”, and identifies LAC 

33:III.6077 as Method 21. This is superseded by AQ 237 (2004). AQ 138 is superseded 

by AQ 145 (1997) above which references 40CFR60, App. A for method 21 and thus is 

approvable. 

SIP: 

C. Fugitive Emission Control Requirements 

 1. Leak Limitations 

 a. No component in petroleum refineries, SOCMI, MTBE, and polymer manufacturing industry shall 

be allowed to leak volatile organic compounds exceeding an instrument reading of 1,000 ppmv or greater 

for valves, connectors, pressure relief devices, process drains, and open-ended valves and lines; 5,000 

ppmv for pumps and compressors; or 10,000 ppmv for agitators as outlined in Subsection D of this Section, 

when tested by LAC 33:III.6077. 
41

41

 b. No component in natural gas processing plants shall be allowed to leak volatile organic compounds 

exceeding an instrument reading off of 2,500 ppmv for valves, connectors, pressure relief devices, process 

drains, and open-ended valves and lines; 5,000 ppmv for pumps and compressors; or 10,000 ppmv for 

agitators as outlined in Subsection D of this Section, when tested by LAC 33:III.6077. 

Revision: 

a. No component in petroleum refineries, SOCMI,MTBE, and polymer manufacturing industry shall be 

allowed to leak volatile organic compounds exceeding an instrument reading of 1,000 ppmv or greater for 

valves, connectors, pressure relief devices, and process drains; 5,000 ppmv for pumps and compressors; or 

10,000 ppmv for agitators, as outlined in Subsection D of this Section, when tested by LAC 33:III.6077 

(Method 21). 

1997, AQ 145, 2/20/97 

2122.C.1.a. The republication of 2122.C.1.a. in the February 20, 1997 Louisiana Register

corrects this subparagraph to leave out the term “open-ended valves and lines” which was 

previously removed in the AQ 138 action published 11/20/96, but incorrectly referenced 

as a final rule in the 12/20/96 issue of the Louisiana Register. This revision is 

administrative and is approvable. 

1996. AQ 138, 11/20/96

2122.C.1.b. Deletes the component “open ended valves and lines”, and identifies LAC 

33:III.6077 as Method 21. This section is superseded by AQ 237 (2004) 

SIP Rule: b. No component in natural gas processing plants shall be allowed to leak volatile organic 

compounds exceeding an instrument reading off of 2,500 ppmv for valves, connectors, pressure relief 

devices, process drains, and open-ended valves and lines; 5,000 ppmv for pumps and compressors; or 

10,000 ppmv for agitators as outlined in Subsection D of this Section, when tested by LAC 33:III.6077. 

Revision: 

b. No component in natural gas processing plants shall be allowed to leak volatile organic 

compounds exceeding an instrument reading of 2,500 ppmv for valves, connectors, pressure relief devices, 

and process drains; 5,000 ppmv for pumps and compressors; or 10,000 ppmv for 

agitators, as outlined in Subsection D of this Section, when tested by LAC 33AII.6077 (Method 21). 

2004. AQ237, 08/20/04

2122.C.1.a.-b. Revises the language to read “when tested by Method 21 (40 CFR Part 60, 

Appendix A) as incorporated by reference in LAC 33:III.3003” instead of “when tested 

by LAC 33:III.6077”. The section “open ended valves” is included in Method 21 and is 

given the federal reference of 40 CFR 60 Appendix A. 

SIP Rule: 

C. Fugitive Emission Control Requirements 

 1. Leak Limitations 

 a. No component in petroleum refineries, SOCMI, MTBE, and polymer manufacturing industry shall 

be allowed to leak volatile organic compounds exceeding an instrument reading of 1,000 ppmv or greater 

for valves, connectors, pressure relief devices, process drains, and open-ended valves and lines; 5,000 

ppmv for pumps and compressors; or 10,000 ppmv for agitators as outlined in Subsection D of this Section, 

when tested by LAC 33:III.6077.

 b. No component in natural gas processing plants shall be allowed to leak volatile organic compounds 

exceeding an instrument reading off of 2,500 ppmv for valves, connectors, pressure relief devices, process 
42

42

drains, and open-ended valves and lines; 5,000 ppmv for pumps and compressors; or 10,000 ppmv for 

agitators as outlined in Subsection D of this Section, when tested by LAC 33:III.6077. 

Proposed Revisions: 

C. Fugitive Emission Control Requirements 

I. Leak Limitations 

a. No component in petroleum refineries, SOCM. MTBE, and polymer manufacturing industry shall be 

allowed to leak volatile organic compounds exceeding an instrument reading of 1,000 ppmv or greater for 

valves, connectors, instrumentation systems, pressure relief devices, 

and process drains; 5,000 ppmv for pumps and compressors or 10,000 ppmv for agitators, as outlined in 

Subsection D of this Section, when tested by Method 21 (40 CFR Part 60, Appendix A, as incorporated by 

reference at LAC 33:111.3003). 

b. No component in natural gas processing plants shall be allowed to leak volatile organic compounds 

exceeding an instrument reading of 2,500 ppmv for valves, connectors, instrumentation systems, pressure 

relief devices, ' process drains, and open-ended valves and lines; 5,000 ppmv for pumps and compressors; 

or 10,000 ppmv for agitators, as outlined in Subsection D of this Section, when tested by Method 21 (40 

CFR Part 60, Appendix A, as incorporated by reference at LAC 33:111.3003). 

1996. AQ 138, 11/20/96

2122.C.1.c. Adds the words “except for those covered by Subsection C.1.d of this 

Section”, and excludes valves and pumps in heavy liquid service from this requirement. 

the exception is appropriate and approvable. 

SIP: 

c. Any regulated component observed leaking by sight, sound, or smell must be repaired according to 

Subsection C.3 of this Section, regardless of the leak's concentration. This includes flange and connection 

leaks found per Subsection D.3.b of this Section, pump and compressor seal leaks found during the weekly 

visual inspections, and any other regulated component found leaking. 

Revision 

c. Any regulated component observed leaking by sight, sound, or smell, except those covered under 

Subsection C. 1.d of this Section, must be repaired according to Subsection C.3 of this Section, regardless 

of the leak's concentration. This includes flange and connection leaks 

found per Subsection D.3.b of this Section, pump and compressor seal leaks found during the weekly visual 

inspections, and any other regulated component found leaking. This does not include valves or pumps in 

heavy liquid service.

1996. AQ 138, 11/20/96

2122.C.1.d. Adds a requirement for valves and pumps in heavy liquid service. This is a 

new item not found in the 10/22/96 approved SIP. It requires visible leaks to be 

monitored and repaired if necessary. This section is superseded by AQ 171, 1998. 

d. Any pump or valve in heavy liquid service observed leaking by sight, sound, or smell shall be monitored 

within five days by the method specified in LAC 33:III.6077 (Method 2 1). If the pump or valve is 

determined to be leaking in excess of the applicable limits given in this Subsection, it shall be repaired 

according to Subsection C.3 of this Section. 

1997. AQ 161, 12/20/97

2122.C.1.d. This action updates references to LAC 33:III Chapter 30 to incorporate 

without change 40 CFR Part 60 as revised July 1, 1996, and Part 60 standards 
43

43

promulgated by EPA in Federal Register notices during the period July 2, 1996 through 

June 30, 1997 and September 15, 1997. 

1998. AQ 171, 07/20/98

2122.C.1.d.This revision updates references to the CFR as contained in LAC 33: III, 

Chapter 30. This rule is identical to 40 CFR 60, July 1, 1997, which is applicable to 

Louisiana. Areas of state and federal authority are more clearly defined with this 

revision, therefore this revision is approvable. 

2004. AQ237, 08/20/04

2122.C.4. Specifies the leaking components in the formula’s terms There have been no 

changes to this section of the SIP and the same formula is also approved in the SIP. 

SIP rule: 

4. Percent of leaking components at a process unit shall be determined for a test period as follows: 

 Clv 

 % Clvp = ------- * 100% Eq. 1 

 Ctv 

 where: 

 % Clvp = percent of a leaking components, where the component is the classification of valves or 

pumps. 

 Clv = number of valves or pumps found leaking during the monitoring period. 

 Ctv = total number of valves or pumps monitored during the period. 

Revision: 

4. Percent of leaking components at a process unit shall be determined for a test period as follows: 

where: 

% C,,, = percent of leaking valves, flanged connectors, or 

pumps. 

C,, = number of valves, flanged connectors, or pumps found 

leaking during the monitoring period. 

C, = total number of valves, flanged connectors, or pumps 

monitored during the period 

1996. AQ 138, 11/20/96

2122.D.1.a. This section deletes open ended valves and lines, and revises the language. 

This section is approvable because the revised rule provides more specificity on the types 

of affected components and the deletion of open ended valves and lines are covered under 

section C.2 of 2122, which states: "No valve, except safety pressure relief valves, shall 

be located at the end of a pipe or line containing volatile organic compounds unless the 

end of such line is sealed with a second valve, a blind flange, a plug, or a cap. Such 

sealing devices may be removed only when the line is in use, for example, when a sample 

is being taken. When the line has been used and is subsequently resealed, the upstream 

valve shall be closed first, followed by the sealing device." 

Since the monitoring requirement covers valves in light liquid service, valves located at 

the open end lines and other components used to seal the lines are also covered. 
44

44

SIP: 

D. Monitoring Requirements. The monitoring of the affected components shall be performed by the 

following schedule using the method described in Subsection C of this Section or one of the alternate 

monitoring programs in Subsection E of this Section. 

 1. Petroleum Refineries, SOCMI, MTBE, and Polymer Manufacturing Industry 

 a. Monitor process drains with a leak detection device one time per year (annually) the following 

items: 

 i. process drains; and 

ii. open-ended valves and lines.

Revision: 

a. Monitor process drains with a leak detection device 

one time per year (annually).

1996. AQ 138, 11/20/96

2122.D.1.d. Deletes the emissions measurement of a leaking component with a hydrogen 

gas analyzer here because the methods of monitoring leaks are specified in subsection C 

of this rule. This section is superseded by AQ 237 (2004). 

d. Inspect weekly, by visual, audible, and olfactory means, all flanges and measure the emissions with a 

hydrogen gas analyzer from any component within five days after a potential leak is detected by sight, 

sound, or smell.

d. Inspect weekly, by visual, audible, and olfactory means, all flanges. 

2004. AQ237, 08/20/04

2122.D.1.d.-f. This section update the state’s fugitive emissions control regulations to 

clarify requirements for instrumentation systems, and allow for alternate monitoring for 

flanges. These updates make the state’s regulations more consistent with federal fugitive 

control regulations, specifically with the MACT standards of 40 CFR 63, subparts F, G, 

H, and I, SOCMI HON. The inspection requirements are the same as those in the 

approved SIP, but the revision adds monitoring requirements for flanges. Under the 

LDAR requirements, connector monitoring may range from annually to once every eight 

years. Thus this section is approvable 

SIP: 

D. Monitoring Requirements. The monitoring of the affected components shall be performed by the 

following schedule using the method described in Subsection C of this Section or one of the alternate 

monitoring programs in Subsection E of this Section. 

1. Petroleum Refineries, SOCMI, MTBE, and Polymer Manufacturing Industry 

d. Inspect weekly, by visual, audible, and olfactory means, all flanges and measure the emissions with a 

hydrogen gas analyzer from any component within five days after a potential leak is detected by sight, 

sound, or smell. 

 e. Records of the visual, audible, and olfactory inspections of connectors are not required unless a leak 

is detected. 

D.-D.1.c. ... 

d. Monitor all flanged connectors in accordance with either Clause D .1.d.i or ii of this Section. 
45

45

i. Inspect all flanged connectors weekly by 

visual, audible, and olfactory means. 

ii. Monitor flanged connectors four times per year 

(quarterly) using a leak detection device as follows. 

(a). Either two hundred or 10 percent, whichever 

is less, of the flanged connectors shall be monitored each 

quarterly period in accordance with a written sampling plan. 

(b). The sampling plan shall ensure that at least 

66 percent of the flanged connectors monitored each 

quarterly period shall not have been previously monitored, 

until all flanged connectors within the process have been 

monitored. 

e. Inspect weekly, by visual, audible, and olfactory 

means, all instrumentation systems. 

f. Records of the visual, audible, and olfactory 

inspections of connectors and instrumentation systems are 

not required unless a leak is detected 

1996. AQ 138, 11/20/96

2122.D.3.b. This section provides examples of components that need to be monitored, 

and revises “subsection C” to read as “Subsection C.3”. It adds clarity to the rule and is 

thus approvable. 

SIP: 

b. Monitor immediately with a leak detection device any component that appears to be leaking on the basis 

of sight, smell, or sound. In lieu of monitoring, the operator may elect to implement actions as specified in 

Subsection C of this Section. 

Revision: 

b. Monitor immediately with a leak detection device any component that appears to be leaking on the basis 

of sight, smell, or sound. This includes flanges and connectors,pump and compressor seals observed during 

the weekly visual inspections, and any other regulated components that appear to be leaking. In lieu of 

monitoring, the operator may elect to implement actions as specified in Subsection C.3 of this 

Section. 

2004. AQ237, 08/20/04

2122.D.3.b. Specifies the components that need to be monitored and observed during the 

weekly visual inspection, and revises “paragraph C” to read as “Paragraph C.3.” 

SIP rule: 

3. Facilities listed in Subsection D.1 and 2 of this Section 

 b. Monitor immediately with a leak detection device any component that appears to be leaking on the 

basis of sight, smell, or sound. In lieu of monitoring, the operator may elect to implement actions as 

specified in Subsection C of this Section. 

Revision: 

b. Monitor immediately with a leak detection device any component that appears to be leaking on the basis 

of sight, smell, or sound. This includes flanges and connectors, instrumentation systems, and pump and 

compressor seals observed during the weekly visual inspections, and any other regulated components that 

appear to be leaking. In lieu of monitoring, the operator may elect to implement actions as specified in 

Paragraph C.3 of this Section. 
46

46

1996. AQ 138, 11/20/96

2122.D.3.d. Deletes the word “connectors”. This is not a substantive change and is 

approvable because the deletion of “connector” is not substantive as connectors are 

mainly flanges and a large number of valves are flanged valves so if the valve is not safe 

to monitor so is the connector. 

SIP:d. Unsafe-to-monitor valves and connectors shall be monitored when conditions would allow these 

valves and connectors to be monitored safely (e.g., during shutdown). 

Revision: 

d. Unsafe-to-monitor valves shall be monitored when conditions would allow these valves to be monitored 

safely (e.g., during shutdown).

2004. AQ237, 08/20/04

2122.D.3.e. Exempts valves with emission readings of less than 500 ppm from Clauses 

D.1.b.ii and iii if they meet certain requirements. This is approvable as 40 CFR 60 

subparts DDD, QQQ, and 40 CFR 63 subpart CC threshold for a leak is a VOC 

concentration of 500 ppm. 

Revision: 

e. Any valve that is designated for no detectable emissions, as indicated by an instrument reading of less 

than 500 ppm above background, is exempt from the requirements of Clauses D.l.b.iii and v and D.2.b.ii of 

this Section if the valve: 

i. has no external actuating mechanism in contact with the process fluid (e.g., diaphragm valves, sealed 

bellows valves); 

ii. is operated with emissions less than 500 ppm above background as measured in accordance with this 

Section;. and 

iii. is tested for compliance with Clause D.3.e.ii of this Section initially upon designation and annually 

thereafter. 

1998. AQ149. 1/20/98 

D.4.h. Adds the word “Sealless”. 

1996. AQ 138, 11/20/96

2122.D.4.k.-l. Adds “check valves”. This addition is approvable since in-line check 

valves are enclosed within process piping for directional control and do not have the 

potential for fugitive emissions which are regulated by the standard, they may be 

considered exempt from the Subpart VV regulation as valves. 

k. components that have been placed on a shutdown list for repairs are exempt from further monitoring 

until a repair has been attempted. 

k. components that have been placed on a shutdown list for repairs are exempt from further monitoring 

until a repair has been attempted; and 

1. check valves. 
47

47

1997, AQ 145, 12/20/96 

2123.E.1.-4. For these test methods, the revision removes references to repealed chapter 

60 and replaces them with 40 CFR part 60, appendix A, as incorporated by reference at 

LAC 33:III.3003. These revisions are administrative and are approvable. 

2004. AQ237, 08/20/04

2122.E.1.g. Allows the use of data documented with the department by January 1, 1996 

or data available for the 12 months prior to becoming subject to this section. This is same 

as SIP rule, no changes were made. 

SIP: 

E. Alternate Control Techniques. The monitoring schedule in Subsection D of this Section may be 

modified as follows: 

 1. Alternate Standards for Valves subject to Subsection D.1.b or D.2.b of this Section - Skip Period Leak 

Detection and Repair. 

g. Existing equipment that has been monitored under LAC 33:III.2121 for fugitives at the leak definition of 

10,000 ppmv can initially elect to use this alternate standard if the unit has data documented by January 1, 

1996, with the department that indicates the percent of leaking valves (Eq. 1) is less than or equal to 2.0 

percent leak rate at 10,000 ppmv for the required time period. 

Revision: 

E. Alternate Control Techniques. The monitoring schedule in Subsection D of this Section may be modified 

as follows. 

g. Existing equipment that has been monitored under LAC 33:III.2121 for fugitives at the leak definition of 

10,000 ppmv can initially elect to use this alternate standard if the unit has data documented with the 

department by either January 1, 1996, or for the 12 months prior to becoming subject to this Section, that 

indicates the percent of leaking valves (Eq. 1) is less than or equal to a 2.0 percent leak rate at 10,000 ppmv 

for the required time period. 

2004. AQ237, 08/20/04

2122.E.3.-5. Adds “alternate standards for flanged connectors” as #3, add “increased 

monitoring frequency” requirements as #4, and move the “alternate standards for batch 

process” to #5. 

The revisions clarify requirements for instrumentation systems, designate no detectable 

emissions valves (NDE), and allow for alternate monitoring for flanges. The changes 

make the state regulations more consistent with the MACT subpart H requirements and 

are thus approvable. For example, NESHAP Subpart TT-National Emission Standards for 

Equipment Leaks—Control Level 1, 63.1006(b)(6) says: (6) Skip period alternatives. An owner 

or operator may elect to comply with one of the alternative work practices specified in paragraphs (b)(6)(i) 

or (b)(6)(ii) of this section. An owner or operator electing to use one of these skip period alternatives shall 

comply with paragraphs (b)(6)(iii) and (b)(6)(iv) of this section. Before using either skip period alternative, 

the owner or operator shall initially comply with the requirements of paragraph (b)(3) of this section. 

Monitoring data generated before the regulated source became subject to the referencing subpart that meets 

the criteria of either §63.1004(b)(1) through (b)(5), or §63.1004(b)(6), may be used to initially qualify for 

skip period alternatives. 
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48

(i) After 2 consecutive quarterly leak detection periods with the percent of valves leaking equal to or less 

than 2.0 as determined by the procedure in paragraph (c) of this section, an owner or operator may begin to 

monitor for leaks once every 6 months. 

(ii) After 5 consecutive quarterly leak detection periods with the percent of valves leaking equal to or less 

than 2.0 as determined by the procedure in paragraph (c) of this section, an owner or operator may begin to 

monitor for leaks once every year. 

(iii) If the percent of valves leaking is greater than 2.0, the owner or operator shall comply with paragraph 

(b)(3) of this section, but can elect to comply with paragraph (b)(6) of this section if future percent of 

valves leaking is again equal to or less than 2.0. 

3. Alternate Standard for Batch Processes. As an alternate to complying with the requirements in 

Subsection D of this Section an owner or operator of a batch process in VOC service may elect to comply 

with one of the following alternative work practices. The batch product-process equipment shall be tested 

with a gas using the procedures specified in Subsection E.3.a of this Section or with a liquid as specified in 

Subsection E.3.b of this Section. 

 a. The following procedures shall be used to pressure test batch product-process equipment using a gas 

(e.g., air or nitrogen) to demonstrate compliance. 

 i. The batch product-process equipment train shall be pressurized with a gas to the operating pressure 

of the equipment. The equipment shall not be tested at a pressure greater than the pressure setting of the 

lowest relief valve setting. 

 ii. Once the test pressure is obtained, the gas source shall be shut off. 

 iii. The test shall continue for not less than 15 minutes unless it can be determined in a shorter period 

of time that the allowable rate of pressure drop was exceeded. The pressure in the batch product-process 

equipment shall be measured after the gas source is shut off and at the end of the test period. The rate of 

change in pressure in the batch product-process equipment shall be calculated using the following equation: 

 P (Pf - Pi) 

 - = --------- Eq. 5 

 t (tf - ti) 

 where: 

 P/t = change in pressure, psia/hr. 

 Pf = final pressure, psia. 

 Pi = initial pressure, psia. 

 tf - ti = elapsed time, hours. 

 iv. The pressure shall be measured using a pressure measurement device (gauge, manometer, or 

equivalent) which has a precision of ±2.5 millimeters (±0.05 psig) of mercury in the range of test pressure 

and is capable of measuring pressures up to the relief set pressure of the pressure relief device. 

 v. A leak is detected if the rate of change in pressure is greater than 6.9 kPa (1 psig) in one hour or if 

there is visible, audible, or olfactory evidence of fluid loss. 

 b. The following procedures shall be used to pressure test batch product-process equipment using a 

liquid to demonstrate compliance. 

 i. The batch product-process equipment train, or section of the train, shall be filled with the test liquid 

(e.g., water, alcohol). Once the equipment is filled, the liquid source shall be shut off. 

 ii. The test shall be conducted for a period of at least 60 minutes, unless it can be determined in a 

shorter period of time that the test is a failure. 

 iii. Each seal in the equipment being tested shall be inspected for indications of liquid dripping or 

other indications of fluid loss. If there are any indications of liquids dripping or of fluid loss, a leak is 

detected. 

 iv. If a leak is detected, it shall be repaired and the batch product-process equipment shall be retested 
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before VOCs are fed to the equipment. 

 v. If the batch product-process equipment fails the retest or the second of two consecutive pressure 

tests, it shall be repaired as soon as practicable, but not later than 30 calendar days after the equipment is 

placed in VOC service. 

Revision: 

3. Alternate Standards for Flanged Connectors Subject to Clause D. l.d of this Section Skip Period Leak 

Detection and Repair 

a. An owner or operator may elect to comply with one of the alternative work practices specified in Clause 

E.3.b or Paragraph E.4 of this Section. However, the administrative authority* must be notified in writing 

before implementing one of the alternative work practices. 

b. After four consecutive quarterly leak detection periods with the percent of leaking flanged connectors 

(Eq.1) equal to or less than 1.0, an owner or operator may begin to skip three of the quarterly leak detection 

periods for the flanged connectors in gas vapor and light liquid service. 

c. If the percent of leaking flanged connectors (Eq. 1) is greater than 1.0, or the total percent of leaking and 

unrepairable flanged connectors (Eq. 2) is greater than 2.0, the owner or operator shall comply with the 

requirements as described in Subsection D of this Section but subsequently 

can again elect to use this Subsection when the requirements are met. 

d. The percent of leaking flanged connectors (Eq. 1) shall be determined by dividing the sum of 

components found leaking during the current monitoring period by the total number of flanged connectors 

that were tested and multiplying the results by 100 percent. 

e. An owner or operator must keep a record of the alternative work practices for 

percent of flanged connectors found leaking during each leak detection period and the total percentage of 

leaking and unrepairable flanged connectors. 

4. Alternative Standards for Flanged Connectors Increased Monitoring Frequency. If the percent of leaking 

flanged connectors (Eq. 1) in a test period is greater than 1.0, or the total percent of leaking and 

unrepairable flanged connectors (Eq. 2) is greater than 2.0, then an increase in the frequency of monitoring 

may be required by the administrative authority*. 

5. Alternate Standard for Batch Processes. As an alternate to complying with the requirements in 

Subsection D of this Section an owner or operator of a batch process in VOC service may elect to comply 

with one of the following alternative work practices. The batch product-process 

equipment shall be tested with a gas using the procedures specified in Subparagraph E.5.a of this Section or 

with a liquid as specified in Subparagraph E.5.b of this Section. 

a. The following procedures shall be used to pressure test batch product-process equipment wing a gas 

(e.g., air or nitrogen) to demonstrate compliance. 

i. The batch product-process equipment train shall be pressurized with a gas to the operating pressure of the 

equipment. The equipment shall not be tested at a pressure greater than the pressure setting of the lowest 

relief valve setting. 

ii. Once the test pressure is obtained, the gas source shall be shut off. 

iii. The test shall continue for not less than 15 minutes, unless it can be determined in a shorter period of 

time that the allowable rate of pressure drop exceeded. The pressure in the batch product-process' 

equipment shall be measured after the gas source is shut off and at the end of the test period. The rate of 

change in pressure in the $itch product-process equipment shall be calculated using the 

following equation: where: 

(Missing equation) 

 iv. The pressure shall be measured using a pressure measurement device (gauge, manometer, or 

equivalent) that has a precision of 12.5 millimeters (10.05 psig) of mercury in the range of test pressure and 

is capable of measuring pressures up to the relief set pressure of the pressure relief device. 

v. A leak is detected if the rate of change in pressure is greater than 6.9 kPa ( I psig) in one hour or if 

there is visible, audible, or olfactory evidence of fluid loss. 

b. The following procedures shall be used to pressure test batch product-process equipment using a liquid 

to demonstrate compliance. 
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i. The batch product-process equipment train, or section of the train, shall be filled with the test liquid 

(e.g.,water, alcohol). Once the equipment is filled, the liquid source shall be shut off. 

ii. The test shall be conducted for a period of at least 60 minutes, unless it can be determined in a shorter 

period of. time that the test is a failure. 

iii. Each seal in the equipment being tested shall be inspected for indications of liquid dripping or other 

indications of fluid loss. If there are any indications of liquids dripping or of fluid loss, a leak is detected. 

iv. If a leak is detected, it shall be repaired and the batch product-process equipment shall be retested before 

VOCs are fed to the equipment. 

v. If the batch product-process equipment fails the retest or the second of two consecutive pressure tests, it 

shall be repaired as soon as practicable, but not later than 30 calendar days after the equipment is placed in 

VOC service.

1996. AQ 138, 11/20/96 

2122.G. Revises language, adds new items that are required to be included in the 

monitoring reports, and requires submitting those reports semiannually 

SIP: 

G. Reporting Requirements. The operator of the affected facility shall, after each quarterly monitoring has 

been performed, submit a report listing all leaks that were located but not repaired within the 15-day limit 

along with a demonstration of achieving good performance level. These reports are due by the last day of 

January, April, July, and October. For units complying with the alternate control techniques a report shall 

be submitted by the last day of the month following the quarter that monitoring was performed. Such 

reports shall include the following: 

 1. the name of the unit where the leaking component is located and the date of last unit shutdown; 

 2. the name of the leaking component; 

 3. the stream identification at the leak; 

 4. the date the leak was located; 

 5. the date maintenance was attempted; 

 6. the date the leak will be repaired if the component is awaiting a shutdown; 

 7. the reason repairs failed or were postponed; 

 8. the list of items awaiting turnaround for repair; 

 9. the number of items checked versus the number found leaking; 

 10. the percent of components leaking for the test period; 

 11. the total percent of leakers; 

 12. an explanation of any random sampling method used to ensure periodic testing of all connectors; and

 13. a signed statement attesting to the fact that all other monitoring has been performed as required by 

the regulations. 

Revision: 

G. Reporting Requirements. The operator of the affected facility shall submit 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: 

. 1. the number of items checked versus the number found leaking; 

2. the percent of components leaking for the test period, as defined in Subsection C.4 of this Section; 

3. the total percent of leakers, as defined in Subsection C.5 of this Section; 

4. a listing of all leaks that were identified, but not repaired, within the 15-day limit, including the 

following information: 

a. the name of the unit where the leaking component is located and the date of last unit shutdown; 

b. the name of the leaking component;. 

c. the stream identification at the leak; 

d. the date the leak was located; 

e. the date maintenance was attempted; 
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f. the date the leak will be repaired if the component is awaiting a shutdown; and 

g. the reason repairs failed or were postponed; 

5. the list of items awaiting turnaround for repair; and 

6. a signed statement attesting to the fact that all other monitoring has been performed as required by the 

regulations. 

2005. OS065, 10/20/05 

2122.G. Updates the reference to the correct reorganized Department Office designation. 

Approvable. 

Other changes provide consistency and clarity, therefore these revisions are approvable. 

These revisions improve the state rule by making it more consistent with the federal Leak 

Detection and Repair Program (LDAR) requirements, therefore the revisions are 

approvable. 

Section 2123. Organic Solvents.

These changes are minor and clarify the SIP; therefore approval is recommended as 

detailed below. 

1999-2001 AQ 189. 7/20/1999. 

2123.B.1. Changes “of the statement,” to “of this subsection.” 

No comments were received (AQ 189; hearing May 25, 1999). 

1998 AQ 149. 1/20/1998. 

2123.B.2. Adds a subparagraph B.2 that clarifies how a solvent that can be classified into 

more than one group must be considered a member of the most reactive group. This 

clarifies the status of certain solvents. 

1998 AQ 149. 1/20/1998 

2123.C. In the table summarizing the Daily Weighted Average VOC Emission 

Limitations, in 5., “(except plasticol coatings)” is added in the Vinyl Coating Line. 

1996 AQ 136. 5/20/1996 

2123.C.11. This revision clarified 2123 to include oilfield tubulars and ancillary oilfield 

equipment. 

2123.C.11.b. Adds Livingston Parish to the list of parishes here, and adds a reference to 

coatings on oilfield tubulars and ancillary oilfield equipment. 

Of the three comments received for AQ 136, two involved Chapter 21 indicating the need 

to make revisions to update applicability requirements for the current list of ozone 

nonattainment areas. All three comments were adequately addressed by LDEQ. As 

shown in the Additional Reference for 2123 included in the docket as Additional 

Reference (2123), LDEQ updated applicability requirements for Louisiana parishes to 

include those parishes designated nonattainment. Those updates are incorporated by this 

action. 
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52

1997 AQ 161. 12/20/1997 

In 2123.C.11.b., the % sign is changed to the word “percent”. Following the table, the 

nine definitions that followed were moved to 2123.G. 

2005 OS 65. 10/20/2005 

2123.D.1. Revises the rule reference to the Office of Environmental Services, Air Permits 

Division, after the department reorganization to reflect the new organizational structure. 

Approvable. 

1999-2001 AQ 189. 7/20/1999 

2123.D.6. Updates two references to the same subsection in this rule. 

2004 AQ 219A. 8/20/2002 

2123.D.6 This revision added Calcasieu Parish to the group of applicable parishes. 

Sixteen comments were received for AQ 219A, many of which pertained to Chapter 21. 

All comments related to this section were adequately addressed by LDEQ. As shown in 

the Additional Reference for 2123 included in the docket as Additional Reference 

(2123), LDEQ updated applicability requirements for Louisiana parishes to include those 

parishes designated nonattainment. Those updates are incorporated by this action. 

2005, BRSAR, AQ 236. 4/20/04 

2123.D.7.a. Changes the applicability limit from 50 to 25 tons per year if the facility is 

in the nonattainment area parishes, but leaves the 50 TPY level for all other parishes. 

1997 AQ 161. 12/20/1997 

2123.E.6. The reference to the test procedure was updated. Regulatory references to 

Chapter 61 are corrected to those in 40 CFR 60.444 because Chapter 61 was repealed. In 

this case it now refers to methods in 40 CFR 60. This is approvable. 

1998, AQ 171. 7/20/1998 

2123.E.6. The reference to a citation is updated. Approvable. This revision updates 

references to the CFR in this rule, and as incorporated by reference in LAC 33: III, 

Chapter 30. 

1997 AQ 161. 12/20/1997 

2123.G. This is a recodification. Definitions that were moved from 2123.C to 2123.G. 

This is approvable. 

1998 AQ 149. 1/20/1998. 

2123.G. Definitions. For Air Dried Coating, Baked Coating, Extreme High Gloss 

Coating, Heat Resistant Coating, High Gloss Coating, High Temperature Coating, Marine 

Coating, Metallic Heat Resistant Coating, Repair and Maintenance Thermoplastic 
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53

Coating are added or revised. This revision is to provide clarification where language 

may have resulted in misinterpretation of the Regulation. 

2005, BRSAR, AQ 236. 4/20/04 

2123.H. Adds this subsection on Timing, requiring that facilities comply within one year 

from the promulgation of this revision. This revision is part of the Baton Rouge Severe 

Area Rule Update SIP. 

Section 2125. Vapor Degreasers

These changes improve the SIP by controlling these sources in Calcasieu Parish which 

were previously uncontrolled. Therefore approval is recommended. 

The revisions are combined below: 

D. Exemptions. Except as required in this Subsection, a vapor degreaser emitting 100 pounds (45 

kilograms) or less of VOC in any consecutive 24-hour period (uncontrolled) is exempt from the provisions 

of this Section provided the total emissions from all the vapor degreasers at the facility combined are less 

 than 100 tons/year of VOC, uncontrolled. If these two conditions are not met, the provisions of this section 

must apply. For the parishes of Ascension, Calcasieu, East Baton Rouge, Iberville, Livingston, Pointe 

Coupee, and West Baton Rouge, the requirements of this Section apply to all solvent metal cleaners, except 

as follows:

2004 AQ 219A. 8/20/2002 

2125.D. This revision added Calcasieu Parish to the group of applicable parishes. 

Sixteen comments were received for AQ 219A, many of which pertained to Chapter 21. 

All comments related to this section were adequately addressed by LDEQ. 

2005, BRSAR, AQ 236. 4/20/2004 

2125.D. A minor change. 

1997, AQ 145, 12/20/96 

2125.E.1.-4. For these test methods, the revision removes references to repealed chapter 

60 and replaces them with 40 CFR part 60, appendix A, as incorporated by reference at 

LAC 33:III.3003. These revisions are administrative and are approvable. 

Section 2129. Perchlorethylene Drycleaning

Revisions were made because PERC is no longer regulated under Chapter 21 in order to 

make Chapter 21 consistent with the corresponding EPA regulations for SIPs. PERC was 

exempted from the federation definition of VOC on 2/7/96 under 40 CFR 51.100 because 

EPA found it to not be photochemically reactive; however, PERC is still regulated under 

Hazardous Air Pollutants. Therefore, we recommend approval. 
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54

1996, AQ141. 8/20/1996 

2129. Perchloroethylene Dry Cleaning Systems. This Subchapter/Section is rescinded 

and reserved because this chemical is exempt from control under Chapter 21. It was 

added to the list of exempt compounds in section 2117. 

1997, AQ 145, 12/20/96 

2129.C.1.-.4. For these test methods, the revision removes references to repealed chapter 

60 and replaces them with 40 CFR part 60, appendix A, as incorporated by reference at 

LAC 33:III.3003. This revision is administrative and is approvable, but because we will 

propose approval of the rescindment (above), the state withdrew this revision in a letter 

dated January 25 2011. 

Section 2131. Filling of Gasoline Storage Vessels.

1996. AQ79. 12/20/1993 

2131. A. Old and new: Control Requirement. No person shall cause or allow the transfer of gasoline 

from any delivery vessel into any stationary storage container unless such container is equipped with a 

submerged fill pipe and unless the displaced vapor emissions from submerged filling of the container are 

processed by a vapor recovery system which reduces such emissions by at least 90 percent. 

The revision put forth in AQ 79 reads word for word the same as the approved 

SIP rule. We can recommend approval again. 

1999-2001. AQ209. 2/20/2001 

2131. D.3. This revision adds St. Mary Parish to the lists of parishes outside the Baton 

Rouge Nonattainment area that are subject to this rule. This corrects the SIP because all 

nonattainment parishes in Louisiana initially designated under the 1990 Clean Air Act as 

amended including St. Mary Parish are covered by this rule. St. Mary Parish, as well as 

13 other parishes were redesignated to attainment in the mid-1990s and are now 

maintenance areas. That these requirements stayed in place is appropriate. It is 

approvable. 

1997, AQ 145, 12/20/96 

2131.E.1. and E.3. For these test methods, the revision removes references to repealed 

chapter 60 and replaces them with 40 CFR part 60, appendix A, as incorporated by 

reference at LAC 33:III.3003. These revisions are administrative and are approvable. 

Section 2132. Stage II Vapor Recovery Systems for Control of Vehicle Refueling 

Emissions at Gasoline Dispensing Facilities

The following revisions provide further clarity and in some cases update the rule to be 

current with Stage II guidance from California, which set the industry standard for Stage 

II for the rest of the country. The clarifications improve the rule and should be approved. 
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55

1997. AQ 158. 12/20/1997 

2132. A. Definitions. The revisions add two definitions to this section: 1) the State 

defines CARB as “California Air Resources Board”; and 2) it defines Stage II Vapor 

Recovery System as “a gasoline vapor recovery system that is CARB approved and 

recovers vapors during the refueling of motor vehicles.” Louisiana did not receive any 

adverse comments concerning these definitions. These revisions are approvable because 

the added definitions provide clarity to the State’s rules. 

2003. AQ225. 4/20/2003 

2132.A. Definitions. This revision modifies the definition of Stage II Vapor Recovery 

System that was introduced in 1997 in AQ158 to state “a gasoline vapor recovery system 

that is CARB approved on or before March 31, 2001; or equivalent, and recovers vapors 

during the refueling of motor vehicles.” To be deemed equivalent the gasoline vapor 

recovery system must meet EPA requirements. It enhances that definition by inserting a 

specific CARB-approval date of March 31, 2001, and expanding the definition to include 

systems equivalent to CARB-approved systems. The expansion is not backsliding 

because EPA recommended that states not change their standard to meet CARB’s 

continually changing standard. EPA designated this date because as of that date CARB 

certification of equipment met EPA’s 95% recovery efficiency requirement. This 

revision is approvable because the revision does not weaken the SIP. 

1998. AQ 149. 1/20/1998 

2132.B. Applicability. The revision changed the title of this section from “Regulated 

Sector” to “Applicability.” Further it changed sub-paragraph 1 as follows. 

“The provisions of this regulation Section shall apply to motor vehicle fuel dispensing facilities in all the 

affected parishes designated as moderate or above for ozone nonattainment. These are of Ascension, East 

Baton Rouge, West Baton Rouge, Iberville, Pointe Coupee and Livingston, Pointe Coupee, and West Baton 

Rough Parishes.” 

This change removes the classification status as the guiding criterion. This revision 

improves the SIP because the requirement stays in place even if the classification and 

designations of these parishes changes under the ozone standard that mandated the 

requirement. Under any new ozone standard, an area classified as moderate may not 

have to implement Stage II Vapor Recovery because in section 202(a)(6) of the CAA it 

says that the requirements of section 182(b)(3) (relating to stage II gasoline vapor 

recovery) for areas classified under section 181 as Moderate for ozone shall not apply 

after promulgation of such standards [onboard vapor recovery]. If an area is classified as 

Serious Severe, or Extreme for ozone, and the national fleet is nearing the point of 

“widespread use” of On-board Vapor Recovery, this would allow new refueling facilities 

to operate without stage II installed. The Clean Air Act as amended in 1990 gives the 

EPA Administrator the authority to waive the Stage II Vapor Recovery requirement of 

182(b)(3) by rule when the Administrator determines that onboard emissions control 

systems are in widespread use throughout the motor vehicle fleet. This revision is 

approvable because it clarifies the applicability of this Section and makes other, nonsubstantive changes. Louisiana received no adverse comments on this revision. 
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1997. AQ 158. 12/20/1997 

2132.B.4.a-d. The revisions changed these subsections as follows: 

4. Facilities subject to the provisions of this Section shall demonstrate compliance according to the 

following schedule: 

a. Facilities for which new construction commenced after November 15, 1990, must comply with 

these requirements not later than May 20, 1993 within six months after promulgation of this regulation; 

 b. Facilities constructed before November 15, 1990, which have an average monthly throughput rate 

of 100,000 gallons or more of gasoline per month must comply prior to November 20, 1993; Facilities 

which dispense 100,000 gallons or more of gasoline per month must comply within one year after 

promulgation of this regulation; 

 c. Facilities constructed before November 15, 1990, which have an average monthly throughput rate 

between 10,000 and 100,000 gallons of gasoline per month must comply not later than November 20, 1994; 

and Any facility described in both Subsection B.4.a and b of this Section shall meet the requirements of 

Subsection B.4.a of this Section;

 d. All other facilities must comply within two years after promulgation of this regulation;

 d. e. Existing facilities previously exempted from, but which become subject to, the requirements of 

this regulation shall comply with the requirements of this regulation within one year from the date on which 

the facility becomes subject. 

The revisions clarify which facilities are subject and upon what dates they have to be 

compliant. The revisions also reduce the provisions from five bullets (a-e) down to four 

because the revised four bullets encompass all applicable facilities, rendering the 

previous bullet “d” moot. The revisions are approvable because they clarify the 

applicability of these rules. 

1996. AQ 61. 1/20/1993 

2132.B.5. Stage II Vapor Recovery Systems for Control Vehicle Refueling Emissions of 

Gasoline Dispensing Facilities. Portions of this section are republished to correct 

typographical errors as follows: “5. No owner or operator as described in Subsection B.1, 2 and 3 of 

this Section shall cause or allow the dispensing of motor vehicle fuel at any time unless all fuel dispensing 

operations are equipped with and utilize a certified vapor recovery system which is properly installed and 

operated within guidelines of the National Fire Protection Association (NFPA) 30. The vapor recovery 

equipment utilized shall be certified by the California Air Resources Board (CARB) or equivalent 

certification authority approved by the administrative authority*1 to attain a minimum of 95 percent 

gasoline vapor control efficiency. This certified equipment shall have coaxial hoses and shall not contain 

remote check valves. In addition, only CARB or equivalent approved aftermarket parts and CARB or 

equivalent approved rebuilt parts shall be used for installation or replacement use.” 

We are approving this revision as an administrative correction since it is a republication 

of the same language, but without typographical errors. As it was previously approved, it 

reads the same. 

1997. AQ 158. 12/20/1997 

2132. B.5. The revision rewrites this paragraph as follows: 

“5. No owner or operator as described in Subsection B.1, 2 and 3 of this Section shall cause or allow the 

dispensing of motor vehicle fuel at any time unless all fuel dispensing operations are equipped with and 

utilize a CARB certified vapor recovery system which that is properly installed and operated in accordance 

with the corresponding CARB executive order. The vapor recovery equipment must also be installed and 

operated within guidelines of the National Fire Protection Association (NFPA) 30. The vapor recovery 

equipment utilized shall be certified by the California Air Resources Board (CARB) or equivalent 

certification authority approved by the administrative authority* to attain a minimum of 95 percent gasoline 

 

1

 Whenever an asterisk (*) appears after “administrative authority*), this means both LDEQ and EPA. This 

definition is found in LAC 33.III.111.A. 
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vapor control efficiency. This certified equipment shall have coaxial hoses and shall not contain remote 

check valves. In addition, only CARB or equivalent approved aftermarket parts and CARB or equivalent 

approved rebuilt parts shall be used for installation or replacement use.” This revision is approvable 

because the vapor recovery equipment is installed and operated in accordance with 

CARB executive orders and it is, therefore, more stringent than the previous language. 

2003. AQ225. 4/20/2003 

2132.B.5. This revision rewrites this paragraph as follows: “5. No owner or operator as 

described in Subsection B.1, 2 and 3 of this Section shall cause or allow the dispensing of motor vehicle 

fuel at any time unless all fuel dispensing operations are equipped with and utilize a CARB certified vapor 

recovery system certified by CARB on or before March 31, 2001, that is properly installed and operated in 

accordance with the corresponding CARB executive order. The vapor recovery equipment must also be 

installed and operated within guidelines of the National Fire Protection Association (NFPA) 30. The vapor 

recovery equipment utilized shall be certified by CARB or equivalent certification authority approved by 

the administrative authority* to attain a minimum of 95 percent gasoline vapor control efficiency. This 

certified equipment shall have coaxial hoses and shall not contain remote check valves. In addition, only 

CARB or equivalent approved aftermarket parts and CARB or equivalent approved rebuilt parts shall be 

used for installation or replacement use CARB certified enhanced vapor recovery systems and/or individual 

parts are approvable by the administrative authority as equivalent alternatives.” Addition of the 

CARB approval date correlates to the revision to 2132.A. in this same SIP submittal. The 

last statement is approvable because CARB certifies parts as well as whole systems and 

EPA approved CARB certifications for use by other states, as discussed above. 

1997. AQ 158. 12/20/1997 

2132.B.6.b. This revision rewrites this subsection as follows: “plans to test for proper 

operation of the Stage II equipment in accordance with Subsection D.1.a. of this Section every five years or 

upon major system modification.” This revision is approvable because the testing 

requirements in Subsection D.1.a. are at least as stringent as the previous 

Subsection.B.6.b. See the discussion below for a full analysis. 

1997. AQ 158.12/20/1997 

2132.B.6.c.iii. The revised subsection reads “the CARB or equivalent executive order number of 

the vapor recovery system to be utilized; and...” 

This language is identical to the language in the approved SIP; therefore, this 

revision is approvable. 

1997. AQ 158. 12/20/1997 

2132.D. Testing. This subsection is revised as follows: “D. Testing, Labeling and 

Recordkeeping

 1. The facility owner/operator shall maintain the following records, on the facility premises for at least 

two years, and present them to an authorized representative of the Department of Environmental Quality 

upon request:

 a. application approval records;

 b. station operating license;

 c. system installation and testing results;

 d. stage II maintenance records. These maintenance records shall include, but not be limited to, 

daily visual inspections for malfunctions. Such malfunctions shall include:

 i. absence or disconnection of any component required to be used on a certified or equivalent 

system;

 ii. crimped or flattened vapor hose such that the vapor passage is blocked or restricted;

 iii. torn nozzle boots;
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 iv. damaged faceplates or facecones;

 v. malfunction in the nozzle shutoff mechanism; and

 vi. inoperative vacuum producing device;

 e. inspection records;

 f. compliance records;

 g. training certification; and

 h. gasoline throughput records. These shall include, but not be limited to, all monthly gasoline 

delivery receipts and sales information.

 2.1. The owner/operator of the facility shall have the installed vapor recovery equipment tested prior to 

the start-up of the facility. The owner or operator shall notify the department 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 II 

equipment shall be demonstrated by passing the following required tests or equivalent for each type of 

system: 

 a. vapor balance system: 

i. a static pressure test (CARB test procedure TP 201.3) shall be initially conducted and 

successfully passed after installation of the vapor recovery system and prior to initiating operation of the 

vapor recovery system and once every year thereafter;

A pressure decay/leak test (San Diego Test Procedure TP-92-1) shall be conducted and successfully passed, 

initially, after installation of the vapor recovery system and prior to initiating operation of the vapor 

recovery system, and once every five years thereafter.

 3. ii. a dynamic pressure drop test (San Francisco Bay Area Dynamic Back Pressure Test Procedure 

ST-27) shall be conducted and successfully passed, initially, after installation of the vapor recovery system 

and prior to initiating operation of the vapor recovery system, and once every year thereafter. 

 4. iii. a liquid blockage test (San Diego Test Procedure TP-91-2) shall be initially conducted and 

successfully passed, initially, after installation of the vapor recovery system and prior to initiating operation 

of the vapor recovery system, and once every five years thereafter. 

b. vacuum assist system: 

i. a static pressure test (CARB test procedure TP 201.3) shall be initially conducted and 

successfully passed after installation of the vapor recovery system and prior to initiating operation of the 

vapor recovery system and once every year thereafter; 

ii. an air to liquid volume ratio test (CARB test procedure TP 201.5) shall be initially conducted 

and successfully passed after installation of the vapor recovery system and prior to initiating operation of 

the vapor recovery system and once every year thereafter; and 

iii. a liquid blockage test (San Diego Test Procedure TP-91-2) shall be initially conducted and 

successfully passed after installation of the vapor recovery system and prior to initiating operation of the 

vapor recovery system and once every five years thereafter.

 5. 2. The test methods used are contained in the Environmental Protection Agency document entitled 

‘Technical Guidance Stage II Vapor Recovery Systems for Control of Vehicle Refueling Emissions at 

Gasoline Dispensing Facilities, EPA-450-3-91-022b and the CARB Stationary Source Test Methods, 

Volume 2, April 12, 1996 or latest revision.’ 

 6. The facility owner/operator shall post operating instructions conspicuously on the front of each 

gasoline dispensing pump using a Stage II Vapor Recovery System. The instructions shall include:

 a. a clear description of how to correctly dispense gasoline with the vapor recovery nozzles utilized 

at the site;

 b. a warning that continued attempts at dispensing gasoline after the system indicates that the 

vehicle tank is full ("topping off") may result in spillage or recirculation of gasoline; and

 c. a telephone number established by the department for use by the public to report comments, 

questions or problems experienced with the system.

 7. 3. It shall be the responsibility of the owner/operator to have the installed equipment successfully 

pass the required test (see Subsection D.2, 3, 4 and 5 of this Section) prior to startup of the facility. The 

owner or operator of the facility shall notify the department at least five calendar days in advance of the 

date that the testing is to be performed. 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 
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department the date of completion of the installation or major system modification of a vapor recovery 

system and the results of all functional testing requirements. 

 8. Any equipment which has been tagged "out of order" by the department shall not be used until it has 

been repaired or replaced.

 9. Any equipment having a defect, as determined through daily visual inspections or other means, 

shall be tagged "out of order" by the facility owner or operator and shall not be used until it has been 

repaired or replaced.

The old SIP-approved rules combined testing, labeling, and recordkeeping in one 

section. This revision reorganizes the rules and gives each of these topics its own 

subsection or paragraph and adds an additional paragraph for Inspection. Labeling and 

Recordkeeping are now addressed in Subsections E. and G. respectively. 

 The new language in paragraph D, Testing, extensively rewrites what was 

formerly adopted in D.7. It retains the five-calendar day notice of testing, but goes on to 

give detailed instructions on who must perform the test and how it should be done for 

both vapor balance and vacuum assist-type systems. This revision makes the rule much 

more complete and clear. The SIP-approved rule does not address these specifics. This 

rule is approvable because the added clarification improves the SIP. 

2003. AQ225. 4/20/2003 

2132.D.2. The revision strikes the last phrase of this section as follows: “2. The test methods 

used are contained in the Environmental Protection Agency document entitled ‘Technical Guidance Stage 

II Vapor Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline Dispensing Facilities, 

EPA-450-3-91-022b’ and the CARB Stationary Source Test Methods, Volume 2, April 12, 1996 or latest 

revision.” 

EPA recommended that states not change their standard to meet CARB’s continually 

changing standard. EPA designated the March 31, 2001 as the date through which and 

earlier CARB certification of equipment and guidance met EPA’s 95% recovery 

efficiency requirement. This revision is approvable because the revision does not weaken 

the SIP. 

1997. AQ 158. 12/20/1997 

2132.E. Labeling. The revision adds Subsection E to read as follows: 

“The facility owner/operator shall post operating instructions conspicuously on the front of each gasoline 

dispensing pump using a Stage II Vapor Recovery System. The instructions shall include: 

 a. 1. a clear description of how to correctly dispense gasoline with the vapor recovery nozzles 

utilized at the site; 

 b. 2. a warning that continued attempts at dispensing gasoline after the system indicates that the 

vehicle tank is full ("topping off") may result in spillage or recirculation of gasoline; and 

 c. 3. a telephone number established by the department for use by the public to report comments, 

questions or problems experienced with the system.” 

The new language in paragraph E. Labeling, copies what was previously in paragraph 

D.6. This revision re-organizes the previously approved labeling requirements, so it is 

approvable. 

1997. AQ 158. 12/20/1997 

2132.F. Inspection. The new language in paragraph F. Inspection, reads as follows: 

“F. Inspection: 1. The facility owner or operator shall maintain the Stage II vapor recovery system in proper 

operating condition as specified by the manufacturer and free of defects that could impair the effectiveness 

of the system, including but not limited to: 
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a. absence or disconnection of any component required to be used on a certified or equivalent 

system; 

b. crimped or flattened vapor hose such that the vapor passage is blocked or restricted; 

c. a nozzle boot that is torn in one or both of the following ways: 

i. a triangular-shaped or similar tear more than 1/2 inch on a side or a hole more than 1/2 

inch in diameter; 

ii. a slit more than 1 inch in length; 

d. for balance nozzles a faceplate that is damaged such that the capability to achieve a seal with a 

fill pipe interface is affected for a total of at least one-fourth of the circumference of the faceplate; 

e. for nozzles in vacuum assist type systems, a flexible cone for which a total of at least one-fourth 

of the cone is damaged or missing; 

f. a nozzle shutoff mechanism that malfunctions in any manner; 

g. vapor return lines, including such components as swivels, anti-recirculation valves, and 

underground piping, that malfunction, are blocked, or are restricted such that the pressure drop through the 

line exceeds by a factor of two or more the value as certified in the approved system; 

h. a vapor processing unit that is inoperative; 

i. a vacuum producing device that is inoperative; 

j. pressure/vacuum valves, vapor check valves, or dry breaks that are inoperative; 

k. a vapor guard that is missing or damaged such that a slit from the outer edge of the open end 

flange to the spout anchor clamp exists or that has an equivalent cumulative damage; 

l. any equipment defect that is identified by the department as substantially impairing the 

effectiveness of the system in reducing refueling vapor emissions; or 

m. any gasoline leaks as detected by sight, sound, or smell. 

2. The owner or operator shall perform daily inspections and accurately record the results of the 

inspections. 

3. Any equipment having a defect, as determined through daily visual inspections or other means, shall be 

tagged “out of order” by the facility owner or operator and shall not be used until it has been repaired or 

replaced. 

4. Any equipment that has been tagged “out of order” by the department shall not be used until it has been 

repaired or replaced.” 

This revision is based on the list of stage II maintenance records in the SIP-approved 

Subsections D.1.d., D.8, and D.9. Additionally, the revision substantially expands and 

clarifies the list of parts to be inspected daily as well as measures to take if a problem is 

found. This revision is approvable and improves the SIP because it makes the rule much 

more complete and clear. 

1997. AQ 158 . 12/20/1997 

2132. G. Recordkeeping. “The revision adds paragraph G. to read as follows: 

Recordkeeping: The facility owner/operator shall maintain the following records, on the facility premises 

for at least two years, and present them to an authorized representative of the department upon request:

 1. application approval records;

 2. certificate to operate

 3. system installation and testing results;

 4. Stage II maintenance records, which shall include, but not be limited to, daily visual inspections 

for malfunctions. 

 5. inspection records;

 6. compliance records; and

 7. training certification”

The new paragraph G. Recordkeeping, substantially retains all items from the SIPapproved paragraph D1. However, the revision removes the list of items that the owner 

or operator should inspect daily for malfunctions. This list is now contained in the 

revised paragraph F. discussed above. The revisions also remove the requirement to 
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maintain throughput records. No one commented on this deletion, but the only facilities 

that need to keep throughput records are those facilities that must prove that they do not 

pump enough gas to be subject to Stage II. All other facilities had to be in compliance by 

November 1994. The revision is approvable because it only re-organizes the previouslyapproved provisions and removes an obsolete provision. 

2003. AQ225. 4/20/2003 

2132.G.5. This revision changes this subsection as follows: 5. “department inspection 

records;” 

The revision clarifies that the inspection records referred to are those of the LDEQ, 

because daily inspection records are described in another sub-paragraph. This revision is 

approvable because it clarifies the rule. 

1997. AQ 158. 12/20/1997 

2132.H. Enforcement. The revision adds paragraph H. Enforcement, to read as follows: 

Enforcement: 1. “Enforcement of these regulations, authorized under R.S. 30:2054, shall include, but not 

be limited to, the following penalties: 

a. notices of violations; 

b. warnings; 

c. cease and desist orders; 

d. suspension of license or permit to operate; 

e. revocation of license or permit to operate; 

f. monetary fines; and 

g. “red tagging” equipment to prevent its operation. 

2. The administrative authority may consider requests from a small business stationary source for 

modification of: 

a. any work practice or technological method of compliance; or 

b. the schedule of milestones for implementing such work practice or method of compliance 

preceding any applicable compliance date, based on the technological and financial capability of 

any such small business stationary source. No such modification may be granted unless it is in 

compliance with the applicable requirements of the Louisiana Environmental Quality Act and the 

Federal Clean Air Act, including the requirements of the applicable implementation plan. Where 

such applicable requirements are set forth in federal regulations, only modifications authorized in 

such regulations may be allowed.”

The new paragraph H. Enforcement, is identical to the SIP-approved paragraph E. 

Enforcement; therefore, the revision is approvable. 

2003. AQ225. 4/20/2003 

2132.H.1.a. and b. These provisions are revised as follows: 

“a. notices of corrected violations; 

b. compliance orders;” 

Based on the form of the letter for “notices of corrected violations” (NOCV) obtained 

from LDEQ included in Appendix B, it is determined that this notice is no less stringent 

than a notice of violation. Chapter 8 in LAC 33.I discusses penalties associated with 

violations that can be corrected. The NOCV records that the violation occurred and that 

it was corrected. In LAC 33.I.805, the recipient of a letter must respond, as for any other 

Notice of Violation. This change is approvable because the revision is no less stringent 

than the approved SIP. Under revised paragraph b., a compliance order creates an 

enforceable order mandating that the facility comply within a proscribed amount of time; 

which is more stringent than a warning that simply warns the facility that continued 
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noncompliance will result in further penalties. This change is approvable because it 

improves the SIP. 

1997. AQ 158. 12/20/1997 

2132.I. Fees. The revision adds new paragraph I., Fees to read as follows: “Fees. The 

fees are defined in LAC 33:III.6523.” The new paragraph I. Fees, is substantially the same as 

the SIP-approved paragraph F. However, the revision changes the cross-reference to the 

fees provisions. The citation of where fees are defined for this program has changed 

from LAC33:III.6523 to LAC33:III.223. This change is approvable because parts of 

Chapter 65 were moved into Chapter 2. 

 

Section 2133 Gasoline Bulk Plants. 

1996. AQ111. 6/20/1995 

2133.A.-E. This rule is revised as follows: “A. Control Requirements Applicability

 1. No person shall permit the transfer of gasoline from a transport vessel into a gasoline bulk plant 

storage tank unless a vapor return line is installed from the storage tank to the transport vessel and the 

storage tank is filled with a submerged fill pipe. There shall be no leaks in the transfer system which 

includes liquid lines, vapor lines, hatch covers, pumps and transport vessel pressure-vacuum relief valves. 

The only atmospheric emission during gasoline transfer shall be through the storage tank's pressure-vacuum 

relief valves. All gauging and sampling devices shall have no vapor leaks except during necessary gauging 

and sampling. This section applies to all unloading, loading, and storage operations at bulk gasoline plants 

and to any gasoline tank truck delivering or receiving gasoline at a bulk gasoline plant. 

 2. No person shall permit the transfer of gasoline from a gasoline bulk plant into a delivery truck 

unless the delivery truck or loading rack has a submerged fill pipe. There shall be no gasoline leaks 

between the storage tank connection and the delivery vessel. The following are subject only to the 

requirements of Subsection C.3.g-i, E, and E.1 of this Section and are exempt from the requirements of 

LAC 33:III.2131: 

 a. any stationary or storage tank of 550 gallons (2,082 liters) capacity or less, 

notwithstanding LAC 33:III.2107;

 b. any bulk gasoline plant with an average daily throughput of gasoline of less than 4,000 

gallons (15,000 liters) on a 30-day rolling average, provided that records are maintained according to the 

requirements in Subsection E.1 of this Section. Any facility that becomes or is currently subject to all of 

the provisions of this Section by exceeding this applicability threshold will remain subject to these 

provisions even if its throughput later falls below the applicability threshold. Any facility that is currently 

subject to a state or federal rule promulgated pursuant to the Clean Air Act Amendments of 1977 by 

exceeding an applicability threshold is and will remain subject to these provisions, even if its throughput or 

emissions have fallen or later fall below the applicability threshold. 

 3. No person shall permit the transfer of gasoline from a gasoline bulk plant storage tank into a 

delivery truck unless a vapor return line is installed from the delivery truck to the storage tank. There shall 

be no leaks in the transfer system which includes liquid lines, vapor lines, hatch covers, pumps and 

transport vessel pressure-vacuum relief valves. The only atmospheric emission during gasoline transfer 

shall be through the storage tank's pressure-vacuum relief valve. All gauging and sampling devices shall 

have no vapor leaks except during necessary gauging and sampling.

 4. A facility subject to LAC 33:III.2133 shall service only those delivery trucks/transport vessels 

complying with LAC 33:III.2137.

 5. A means shall be provided to prevent liquid drainage from the loading device when it is not in use 

or to accomplish complete drainage before the loading device is disconnected.

 6. All loading and vapor lines shall be equipped with fittings without vapor leaks and which close 

automatically when disconnected.

 B. Exemptions Definitions. As used in this Section, all terms not defined herein shall have the meaning 

given to them in the Act or in LAC 33.III.111. 
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 1. Gasoline bulk plants located in an attainment area and which do not service facilities controlled by 

LAC 33:III.2131 are exempt from the control requirements of LAC 33:III.2133.A.

 2. Bulk plants servicing controlled and exempted facilities, are required to collect vapor from the 

controlled facilities.

 3. Gasoline distribution facilities which have a gasoline throughput greater than 20,000 gallons 

(75,708 liters) per day averaged over any consecutive 30-day period shall meet the provisions of LAC 

33:III.2135. Once a facility's throughput exceeds this rate, it shall remain subject to and shall comply with 

LAC 33:III.2135 regardless of any fluctuations in throughput.

 4. All loading and unloading facilities for crude oil and condensate, for ships and barges and for 

facilities loading and unloading only liquified petroleum gas are exempt from LAC 33:III.2133.

 C. Standards

 1. Each bulk gasoline plant subject to this Section shall be equipped with a vapor balance system 

between the gasoline storage tank and the incoming gasoline tank truck designed to capture and transfer 

vapors displaced during filling of the gasoline storage tank. These lines shall be equipped with fitting that 

are vapor-tight and that automatically and immediately close upon disconnection. 

 2. Each bulk gasoline plant subject to this Section shall be equipped with a vapor balance system 

between the gasoline storage tank and the outgoing gasoline tank truck designed to capture and transfer 

vapors displaced during the loading of the gasoline tank truck. The vapor balance system shall be designed 

to prevent any vapors collected at one loading rack from passing to another loading rack. 

 3. Each owner or operator of a bulk gasoline plant subject to this Section shall act to ensure that the 

procedures in Subparagraphs C.3.a-i of this Section are followed during all loading, unloading, and storage 

operations: 

a. the vapor balance system required by Paragraphs C.1 and 2 of this Section shall be connected 

between the tank truck and storage tank during all gasoline transfer operations; 

b. all storage tank openings, including inspection hatches and gauging and sampling devices, shall 

be vapor-tight when not in use; 

c. the gasoline tank truck compartment hatch covers shall not be opened during product transfer; 

d. all vapor balance systems shall be designed and operated at all times to prevent gauge pressure 

in the gasoline tank truck from exceeding 18 inches (450 millimeters) of water and vacuum from exceeding 

5.9 inches (150 millimeters) of water during product transfers; 

e. no pressure vacuum relief valve in the bulk gasoline plant vapor balance system shall begin to 

open at a system pressure of less than 18 inches (450 millimeters) of water or at a vacuum of less than 5.9 

inches (150 millimeters) of water; 

f. all product transfers involving gasoline tank trucks at bulk gasoline plants subject to this Section 

shall be limited to vapor-tight gasoline tank trucks; 

g. filling of storage tanks shall be restricted to submerged fill;

h. loading of outgoing gasoline tank trucks shall be limited to submerged fill; and 

i. owners or operators of bulk gasoline plants or owners or operators of tank trucks shall observe 

all parts of the transfer and shall discontinue transfer if any liquid leaks are observed or vapor leaks are 

observed from lines, hoses, or connectors. 

 4. Each calendar month, the vapor balance systems described in Paragraphs C.1 and 2 of this Section 

and each loading rack that loads gasoline tank trucks shall be inspected for liquid or vapor leaks during 

product transfer operations. For purposes of this Section, detection methods incorporating sight, sound, or 

smell are acceptable. Each leak that is detected shall be repaired within 15 calendar days after it is detected.

 C. D. Compliance. Compliance with this Section shall be determined by applying the following test 

methods, as 

appropriate: 

 1. Leak tests for monitoring during loading, EPA, Appendix B, Control of Volatile Organic 

Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems (EPA 450/2-78-51); 

 2. Test Method 21 (LAC 33:III.6077) for determination of Volatile Organic Compound Leaks; 

 3. Monitoring Requirements. Inspection for visible liquid leaks, visible fumes, or odors resulting from 

gasoline dispensing operations shall be conducted by the owner or the operator of the bulk plant or the 

owner or the operator of the tank truck. 

Gasoline loading or unloading through the affected transfer lines shall be discontinued immediately when a 

leak is observed and shall not be resumed until the observed leak is repaired. 
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 D. E. Recordkeeping. The owner/operator of any gasoline bulk plant shall maintain records to verify 

compliance with or exemption from this Section. The records will be maintained for at least two years and 

will include, but not be limited to, the following: 

 1. purchase and sales receipts including delivery dates, quantities, and comments; 

 2. equipment operation schedules and maintenance records; 

 3. data to document compliance with LAC 33:III.2133.A and C; 

 4. visual inspection to address the installation of the vapor return line, odor testing for leaks during 

transfer operations and suggested use of check-off sheets; 

 5. the dates and times the vapor collection facility was inspected and whether it passed the 

requirements specified in LAC 33:III.2137.B.1.” 

This revision substantially changes these provisions. To be exempt from most provisions 

of this rule, a bulk plant now is allowed a daily throughput of less than 4,000 gallons on a 

30-day rolling average. This is down from 20,000 gallons in the SIP-approved approved 

rule. Specific pressure gauge and vacuum gauge values are established for operational 

procedures, as well as active observation requirements during transfer operations. The 

revision also establishes a timetable for regular vapor balance inspections and sets a 15- 

day timeframe for repairs of detected leaks. Record retention is extended from two to 

five years. All of the changes improve the rule and are consistent with implementing 

RACT, and therefore, are approvable. 

1997, AQ 145, 12/20/96 

2133.D.2. For this test method, the revision removes references to repealed chapter 60 

and replaces them with 40 CFR part 60, appendix A, as incorporated by reference at LAC 

33:III.3003. In the approved SIP, this item is in 2133.C.2. The revision is approvable. 

LAC 33:III.2133 was also updated by the state in September 2008. This rule 

revision will be submitted in the next round of General SIP submittals. The revision 

appeared in the Louisiana Register Vol. 34, No. 9, September 20, 2008 page 1891. We 

are not making a determination of approvability on the 2008 revisions in this action. 

1996. AQ111. 6/20/1995 

2133.F. This revision adds the following language: “The owner or operator of any facility 

containing sources subject to this Section shall comply with the requirements of LAC 33:III.927 for the 

reporting of excess emissions.” We are not acting on revisions to 2133.F. as presented in AQ 

111 because LDEQ requested that we not act on this revision in a letter dated January 25, 

2011 in which they withdrew this revision from consideration. 

Summary of Revision: 

Requires the reporting of excess emissions under LAC 33:III.927. See the 

discussion under section 927 for further details on that section. 

Section 2135. Bulk Gasoline Terminals. 

1998. AQ 149. 1/20/1998 

2135.A. This provision is revised as follows: “Areas Affected. All affected facilities in the areas 

which have been specified by the U. S. Environmental Protection Agency as non-attainment areas 

(Ascension, Beauregard, Bossier, Caddo, Calcasieu, East Baton Rouge, Grant, Iberville, Livingston, 

Jefferson, Lafayette, Lafourche, Orleans, Pointe Coupee, St. Bernard, St. Charles, St. James, St. John the 
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Baptist, St. Mary and West Baton Rouge parishes shall be in compliance with this Section.”) for the 

oxidant standard shall be in compliance. 

This revised paragraph eliminates reference to areas specified by the U.S. Environmental 

Protection Agency as nonattainment areas, but rather just lists the parishes where these 

rules apply. The revision ensures that the rules continue to apply in all of the parishes 

listed notwithstanding the fact that all but five of the parishes are now in attainment with 

the 1-hour and 1997 8-hour ozone standards as of the writing of this TSD. It also 

eliminates the reference to the “oxidant standard,” which was replaced by the ozone 

standard. These changes update the SIP and ensure that control measures are not relaxed 

in areas that attain the standards, so they are approvable. 

1997, AQ 145, 12/20/96 

2135.D.1.-4. For these test methods, the revision removes references to repealed chapter 

60 and replaces them with 40 CFR part 60, appendix A, as incorporated by reference at 

LAC 33:III.3003. These revisions are administrative and are approvable. 

2137. Gasoline Terminal Vapor-Tight Control Procedure 

1997, AQ 145, 12/20/96 

2137.A. Gasoline Tank Trucks 

A.1. The revision removes references to the Division’s Source Test Manual and 

replaces them with 40 CFR part 60, appendix A, as incorporated by reference at LAC 

33:III.3003. 

2137.B.1. The revision adds a reference to 40 CFR part 60, appendix A, as incorporated 

by reference at LAC 33:III.3003 “for determination of volatile organic compound leaks”, 

then strikes “of the document referenced in LAC 33.III.2137A.1.” This simplifies and 

clarifies the reference. 

 These revisions are administrative and are approvable. 

Section 2139. Refinery Vacuum Producing Systems

1998. AQ 167, 5/20/98 

As a general matter, the revision states that refinery vacuum producing systems shall be 

exempt from the requirements of LAC 33:III.2139 if controls are installed and 

maintained in accordance with a more stringent regulation. The basis and rationale for 

this proposed rule are to change LAC 33:111.2139 in order to eliminate unnecessary 

recordkeeping and reporting requirements. Facilities affected by the proposed change will 

comply with one set of reporting and recordkeeping requirements rather than two. We 

believe the revisions are thus approvable. 

2139.C. This revision exempts such facilities from the requirements to comply with LAC 

33:III.2139 if they are regulated by another state or federal rule that is more stringent than 

what would be required in this section. This revision eliminates unnecessary record 

keeping and reporting, and applies the most stringent requirements, therefore it is 

approvable. 
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SIP: 

Approved by EPA 05/05/94 (59 FR 23166) at 52.970(c)(60) effective 06/06/94.) 

 A. Control of Steam Jet Ejectors and Mechanical Pumps.

Emissions of volatile organic compounds from steam jet ejectors and mechanical pumps shall be controlled 

by one of the applicable methods specified in LAC 33:III.2115.A, B, and F. Compliance shall be 

determined and records shall be kept as specified in LAC 33:III.2115.I, J, and K.

 B. Emissions of volatile organic compounds from a hot-well with a contact condenser shall be controlled 

by covering the hot-well and controlling the vapors by one of the applicable methods specified in LAC 

33:III.2115.A, B, and F. Compliance shall be determined and records shall be kept as specified in LAC 

33:III.2115.I, J, and K. 

Revision: 

C. Exemptions: This Section does not apply to refinery vacuum producing systems that are required by 

another federal or state regulation to implement controls that reduce 

VOCs to a more stringent standard than would be required by this Section Thus, no system is 

exempt from these requirements unless they are subject to other more stringent requirements

Section 2143. Graphic Arts (Printing) by Rotogravure and Flexographic Processes.

We recommend approval of these changes because they lower the threshold in 

nonattainment parishes to 25 tpy and in Calcasieu and Pointe Coupee Parishes to 50 tpy, 

ensuring RACT and enhancing the SIP and make administrative revisions necessary to 

update this section. 

1998 AQ 149 .1/20/1998 

2143.A. This revision adds defining language to identify which printing facilities are 

subject to this rule including the ton per year limit and the parishes in which they are 

located. 

2004 AQ 219A. 8/20/2002 

2143.A. This revision adds Calcasieu Parish to the group of applicable parishes. 

2005, BRSAR, AQ 236. 4/20/2004 

2143.A. Changes the emission limit for printing facilities in the five Baton Rouge 

nonattainment parishes from 50 to 25 tpy as made necessary to ensure RACT is in place 

on 25 tpy sources as required for severe areas. 

1999-2001, AQ 192. 10/20/1999 

2143.A.1. “Volatile organic compound” is changed to “solvent”. Removes “water” from 

the first part of the sentence. Adds a reference to the list of exempt solvents in section 

2117. 

1998 AQ 149 .1/20/1998

2143.B. Re-titles this subsection to Applicability Exemption. The parishes deleted from 

this section are listed in 2143.A. Defines the exemption at less than 50 tpy. 

These are approvable revisions. 
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1999-2001, AQ 192. 10/20/1999

2143.B. Clarifies which subsections of this rule exempted facilities must comply with. 

No comments were received (AQ 192; hearing July 26, 1999). 

2004 AQ 219A. 8/20/2002 

2143.B. This revision adds the list of parishes subject to the 50 tons per year requirement. 

Clarifies that any other parish is limited to 100 tpy. Sixteen comments were received for 

AQ 219A, many of which pertained to Chapter 21. All comments related to this section 

were adequately addressed by LDEQ. 

2005, BRSAR, AQ 236. 4/20/2004 

2143.B. Changes the emission limit for printing facilities in the five Baton Rouge 

nonattainment parishes from 50 to 25 tpy. 

1997, AQ 145, 12/20/96 

2143.C.1-3. For these test methods, the revision removes references to repealed chapter 

60 and replaces them with 40 CFR part 60, appendix A, as incorporated by reference at 

LAC 33:III.3003. 

2005, BRSAR, AQ 236. 4/20/2004 

2143.E. Sets compliance date at one year after promulgation. 

All revisions to Section 2143 strengthen the SIP; therefore I recommend EPA 

approval. 

Section 2145. Pharmaceutical Manufacturing Facilities

1997, AQ 145, 12/20/96 

2145. F.2.-4. For these test methods, the revision removes references to repealed chapter 

60 and replaces them with 40 CFR part 60, appendix A, as incorporated by reference at 

LAC 33:III.3003. These revisions are administrative and are approvable. 

1998, AQ149. 1/20/1998 

2145.F.4. SIP: Method 24 - Determination of Volatile Matter Content, Water Content, Density, 

Volume Solids, and Weight Solids of Surface Coatings. 

Revision: Method 25 – Determination of Total Gaseous Nonmethane Organic Emissions as Carbon. 

Revisions to Section 2145 correctly reference Method 25 in the Code of Federal 

Regulations. In reorganization of the rules, test methods were moved from Chapter 60 to 

Chapter 30. This revision is approvable. 
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Section 2147. Limiting VOC Emissions from SOCMI Reactor Processes and 

Distillation Operations, Vent Stream Exemption,

2005 AQ 236, 04/20/04 

This Rule provides reasonably available control technology (RACT) regulations for 

sources of VOC emissions in the five-parish Baton Rouge ozone nonattainnent area that 

are subject to the new lower major stationary source threshold of 25 tons per year. 

2147.A.1. Lowers the limit of VOC emissions from vent streams from 50 to 25 tons per 

year for the 5-parish nonattainment area and specifies that Calcasieu and Pointe Coupee 

Parishes remain at 50 tpy. Adds that a facility that becomes affected because of a change 

to this rule has one year to comply, not the two years applicable to the others. When the 

rule was first adopted, facilities had two years to comply. Now that the rule has been on 

the books, facilities that become subject due to changing circumstances have to comply 

as soon as possible, but no longer than one year from becoming subject. This is 

approvable as it tightens the SIP and is necessary to ensure RACT is implemented on 25 

tpy or greater sources as required by the area’s severe classification. 

Sip rule with proposed revisions: 

A. Applicability 

 1. The provisions of this Subchapter apply to any vent stream discharging to the atmosphere and 

originating from a process unit in which a reactor process or distillation operation is located. This 

Subchapter shall apply to all vents located at facilities that emit, or have the potential to emit, 50 25 tons 

per year or more of volatile organic compounds, plantwide, in the affected parishes of Ascension, 

Calcasieu, East Baton Rouge, Iberville, Livingston, Pointe Coupee and West Baton Rouge or 50 TPY or 

more of VOC in the parishes of Calcasieu and Pointe Coupee. Once an operation is considered to be 

covered by this Subchapter, it shall be so considered ad infinitum. A decision tree is provided (Figure 1) to 

facilitate determination of applicability to this Subchapter on a per vent basis. The total resource 

effectiveness (TRE) index value may be applied on an individual process vent stream basis for a given 

process unit. Compliance with this rule shall be attained within a period of two years after promulgation. A 

facility that has become subject to this regulation as a result of a revision of the regulation shall 

comply with the requirements of this Section as soon as practicable, but in no event later than one 

year from the promulgation of the regulation revision. Any emission source that is subject to this rule 

and to the Waste Gas Disposal Rule (LAC 33:III.2115) shall comply with this rule only. This rule shall 

apply only to Standard Industrial Major Code 28. 

1997, AQ 145, 12/20/96 

2147.B. Definitions 

Halogenated Vent Stream -- The revision removes references to repealed chapter 

60 and replaces them with 40 CFR part 60, appendix A, as incorporated by reference at 

LAC 33:III.3003. 

Total Organic Compounds (TOC)-- The revision removes references to repealed 

chapter 60 and replaces them with 40 CFR part 60, appendix A, as incorporated by 

reference at LAC 33:III.3003. 

 These revisions are administrative and are approvable. 
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1997. AQ 156 Section 2147, 11/20/97 

2147.B. Adds .”Process Unit” to the list of definitions in this section. 

No substantive change from SIP approved definition of “process unit”: 

B. Definitions. Unless specifically defined in LAC 33:III.111, the terms in this Subchapter shall have the 

meanings commonly used in the field of air pollution control. Additionally, the following meanings apply, 

unless the context clearly indicates otherwise. 

Process Unit -- equipment assembled and connected by pipes or ducts to produce, as intermediates or final 

products, one or more synthetic organic chemical manufacturing industry (SOCMI) chemicals (see LAC 

33:III.2145. Table 8 Appendix A). A process unit can operate independently if supplied with sufficient 

feed or raw materials and sufficient storage facilities. 

1997. AQ 150, 11/20/97 

2147.D.1.a. This revision exempts vent streams on affected reactor processes and 

distillation operations having a total resource effectiveness (TRE) index value greater 

than 4.0 from temperature monitoring, record keeping, and reporting requirements of this 

section. This revision is approvable because in addition to specifying which vent streams 

can be exempted, it provides for process change requirements and conditions for loss of 

exempt status. 40 CFR 63.113(d) requires a TRE of greater than 1.0 at the outlet of the 

final recovery device. This federal requirement also requires that any device with a TRE 

greater than 1.0 but less than 4.0 must continue to do prescribed monitoring. Therefore 

any device that maintains a TRE of 4.0 or more is well-above the federal requirement for 

process vents and does not have to do the prescribed monitoring. 

SIP rule with proposed revisions: 

D. Total Effectiveness Determination, Performance Testing, and Exemption Testing 

1. For the purpose of demonstrating compliance with the TRE index value in Subsection C.2 of this 

Section, engineering assessment may be used to determine process vent stream flow rate, net heating value, 

and TOC emission rate for the representative operating condition expected to yield the lowest TRE index 

value. 

 a. If the TRE value calculated using such engineering assessment and the TRE equation in 

Subsection D.6 of this Section is greater than 4.0, then it is not required that the owner or operator perform 

the measures specified in Subsection D.5 of this Section, the monitoring requirements in Subsection E, 

or the reporting/record keeping requirements of Subsection F. 1 of this Section. If a subsequent 

process change effects a reduction in the TRE index value to 4.0 or less, the owner or operator is is 

immediately subject to all requirements of this Section that are applicable to a recalculated TRE 

value of 4.0 or less. 

1997, AQ 145, 12/20/96 

2147.D.3.a.-d. The revision removes references to repealed chapter 60 and replaces them 

with 40 CFR part 60, appendix A, as incorporated by reference at LAC 33:III.3003. 

These revisions are administrative and are approvable. 

1997. AQ161, 12/20/97 

2147.D.3. This revision, in addition to incorporating 40 CFR 60 into LAC33:III Chapter 

30, it makes corrections to regulatory references. This rule updates LAC 33:III.Chapter 

30 to incorporate without change 40 CFR Part 60 as revised July 1, 1996, and Part 60 
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standards promulgated by EPA in Federal Register notices during the period July 2, 1996 

through June 30, 1997, and September 1997. Correction to regulatory references are also 

made in LAC 33:III.Chapters 5, 15,21, 23, and 25. The basis and rationale for this rule 

are to maintain the delegation of authority from EPA to implement National Standards of 

Performance for New Stationary Sources NSPS). To meet the 1996-97 EPA grant 

objectives, the state must promulgate the NSPS standards into the LAC exactly as 

promulgated by EPA. 

 This revision is approvable because it updates and corrects the rule. 

This rule is identical to 40 CFR Pan 60, which is applicable in Louisiana. 

1998. AQ 171, 7/20/98 

2147.D.3. Simply updates a reference to a 40 CFR 60 reference. Incorporated By 

Reference in Chapter 30. Approvable.

1997. AQ161, 12/20/97 

2147.D.4. This revision, in addition to incorporating 40 CFR 60 into LAC33:III Chapter 

30, it makes corrections to regulatory references. This revision is approvable because it 

updates and corrects the rule. 

1998. AQ 171, 7/20/98 

2147.D.4. Simply updates a reference from Chapter 37 to a 40 CFR 60 reference IBR’d 

in Chapter 30. Approvable.

1997, AQ 145, 12/20/96 

2147.D.5.a. The revision removes references to repealed chapter 60 and replaces them 

with 40 CFR part 60, appendix A, as incorporated by reference at LAC 33:III.3003. 

2147.D.5.a.ii.(a). and (b). The revision removes references to repealed chapter 60 and 

replaces them with 40 CFR part 60, appendix A, as incorporated by reference at LAC 

33:III.3003. 

2147.D.5.b.i. and iii. The revision removes references to repealed chapter 60 and 

replaces them with 40 CFR part 60, appendix A, as incorporated by reference at LAC 

33:III.3003. 

2147.D.5.c.-5.f. The revision removes references to repealed chapter 60 and replaces 

them with 40 CFR part 60, appendix A, as incorporated by reference at LAC 33:III.3003. 

 These revisions are administrative and are approvable. 

1997. AQ 150, 11/20/97 

2147.D.7. – D.9. This revision exempts vent streams on affected reactor processes and 

distillation operations having a total resource effectiveness (TRE) index value greater 

than 4.0 from temperature monitoring, record keeping, and reporting requirements of this 

section. See the discussion of this in 2147.D.1.a. Specifies the time period for which of 

vent stream parameters should be recalculated when a process change is made to be 

“within two weeks of any change” rather than “whenever a change is made.” This 

revision is approvable because in addition to specifying which vent streams can be 

exempted, it provides for process change requirements and conditions for loss of exempt 
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status or control streams that have TRE less than one. Therefore, exempting streams >4 

from monitoring is appropriate. 

SIP Rule: 

7. Each owner or operator of an affected facility seeking to comply with Subsection C.2 of this Section 

shall recalculate the flow rate and TOC concentration for that affected facility whenever process changes 

are made. Examples of process changes include changes in production capacity, feedstock type, or catalyst 

type or replacement, removal, or addition of recovery equipment. The flow rate and concentration shall be 

recalculated based on test data or on best engineering estimates of the effects of the change to the recovery 

system. 

 8. Where the recalculated values yield a TRE index value less than or equal to 1.0, the owner or 

operator shall notify the administrative authority* within one week of the recalculation and shall conduct a 

performance test as soon as possible, but no later than 180 days after the recalculation of the TRE index 

according to the methods and procedures required by this Subsection. 

 9. The following procedures shall be used to demonstrate that a process vent stream has a VOC 

concentration below 500 ppm by volume. 

 a. The sampling site shall be selected as specified in Subsection D.3.a of this Section. 

 b. LAC 33:III.6071 (Method 18) or LAC 33:III.6086 (Method 25A) shall be used to measure 

concentration; alternatively, any other method or data that has been validated according to the protocol in 

EPA Method 301 of 40 CFR part 63, appendix A may be used. 

 c. Where LAC 33:III.6071 (Method 18) is used, the following procedures shall be used to 

calculate parts per million by volume concentration. 

 i. The minimum sampling time for each run shall be one hour in which either an integrated 

sample or four grab samples shall be taken. If grab sampling is used, then the samples shall be taken at 

approximately equal intervals in time, such as 15-minute intervals during the run. 

 ii. The concentration of TOC (minus methane and ethane) shall be calculated using LAC 

33:III.6071 (Method 18) according to Subsection D.3.d of this Section. 

 d. Where LAC 33:III.6086 (Method 25A) is used, the following procedures shall be used to 

calculate parts per million by volume TOC concentration. 

 i. LAC 33:III.6086 (Method 25A) shall be used only if a single VOC is greater than 50 percent 

of total VOC, by volume, in the process vent stream. 

 ii. The process vent stream composition may be determined by either process knowledge, test 

data collected using an appropriate method previously promulgated, or a method of data collection 

validated according to the protocol in EPA Method 301 of 40 CFR part 63, appendix A. Examples of 

information that could constitute process knowledge include calculations based on material balances, 

process stoichiometry, or previous test results provided the results are still relevant to the current process 

vent stream conditions. 

 iii. The VOC used as the calibration gas for LAC 33:III.6086 (Method 25A) shall be the single 

VOC present at greater than 50 percent of the total VOC by volume. 

 iv. The span value for LAC 33:III.6086 (Method 25A) shall be 50 ppm by volume. 

 v. Use of LAC 33:III.6086 (Method 25A) is acceptable if the response from the high level 

calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when 

the instrument is zeroed on the most sensitive scale. 

 vi. The concentration of TOC shall be corrected to three percent oxygen using the procedures 

and equation in Subsection D.3.c of this Section. 

 e. The owner or operator shall demonstrate that the concentration of TOC including methane and 

ethane measured by LAC 33:III.6086 (Method 25A) is below 250 ppm by volume with VOC concentration 

below 500 ppm by volume to qualify for the low concentration exclusion. 
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Proposed Revision: 

7. Each owner or operator of a vent stream subject to Subsection C.2 of this Section shall recalculate the 

flow rate, TOC concentration, and TRE index value for that vent stream within two weeks of any process 

change that could effect a change in one or more of these vent stream parameters. The recalculations must 

be made using the methods and procedures contained in this Subsection. Examples of process changes 

include, but are not limited to, changes in production capacity, feedstock type, or catalyst type or 

replacement, removal, or addition of recovery equipment 8. Where a TRE index value, recalculated as 

required in Subsection D.7 of this Section, yields a value less than or equal to 1.0, the owner or operator 

shall, within one week of the recalculation, notify the administrative authority* of the process change and 

the results of the recalculation and shall conduct a performance test, as provided in Subsection D. 1 .b and 5 

of this Section, as soon as possible, but no later than 90 days after the recalculation. If the recalculated TRE 

index value is verified by the performance test to be less than or equal to 1 .O, the owner or operator is 

immediately subject to all requirements of this Section that are applicable to a recalculated TRE value of 

1.0 or less. 9. Procedures contained in Subsection D.9.a-e of this Section shall be used to demonstrate that a 

process vent stream has a VOC concentration below 500 ppm by volume. 

1997, AQ 145, 12/20/96 

2147.D.9.b.-c. The revision removes references to repealed chapter 60 and replaces them 

with 40 CFR part 60, appendix A, as incorporated by reference at LAC 33:III.3003. 

2147.D.9.c.ii.- 9.d.i. The revision removes references to repealed chapter 60 and replaces 

them with 40 CFR part 60, appendix A, as incorporated by reference at LAC 33:III.3003. 

2147.D.9.d.iii.-v. The revision removes references to repealed chapter 60 and replaces 

them with 40 CFR part 60, appendix A, as incorporated by reference at LAC 33:III.3003. 

2147.D.9.e. The revision removes references to repealed chapter 60 and replaces them 

with 40 CFR part 60, appendix A, as incorporated by reference at LAC 33:III.3003. 

Section 2149. Limiting Volatile Organic Compound (VOC) Emissions from Batch 

Processing

2005 AQ 236, 04/20/04 

2149.A.1. Lowers the VOC emissions limit from batch processing from 50 to 25 tons per 

year for the 5-parish nonattainment area and specifies that Calcasieu and Pointe Coupee 

Parishes remain at 50 tpy. This change is appropriate to implement RACT at 25 tpy 

sources as necessary for a severe area. This Rule provides reasonably available control 

technology (RACT) regulations for sources of VOC emissions in the five-parish Baton 

Rouge ozone nonattainnent area that are subject to the new lower major stationary source 

threshold of 25 tons per year. This Rule also provides clarification to some language that 

was unclear or confusing. On April 24, 2003, the Environmental Protection Agency 

reclassified or "bumped up" by operation of the law the Baton Rouge ozone 

nonattainment area from a classification of "serious" to "severe", effective June 23, 2003 

(68 FR 20077). The five-parish Baton Rouge ozone nonattainment area includes the 

parishes of Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge. 

Under Section 182(i) of the 1990 Clean Air Act Amendments (CAAA), serious ozone 

nonattainment areas reclassified to severe are required to submit State Implementation 

Plan revisions addressing the severe area requirements for the one-hour ozone National 

Ambient Air Quality Standard. Under Section 182(d) of the 1990 CAAA, severe area 

plans must include requirements for RACT rules for sources of VOC emissions of 25 
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tons per year, which is the new lower major threshold in the five-parish Baton Rouge 

ozone nonattainment area. 

SIP rule with proposed revisions: 

A. Applicability 

 1. The provisions of this Subchapter apply to process vents associated with batch processing 

operations. This Subchapter shall apply to the stationary sources that emit, or have the potential to emit, 50

25 tons per year or more of volatile organic compounds (VOCs) in the affected parishes of Ascension, East 

Baton, Rouge, Iberville, Livingston, and West Baton Rouge, or 50 

TPY or more of VOC in the parishes of Calcasieu and Pointe Coupee. Once an operation is considered 

to be covered by this Subchapter, it shall be so considered ad infinitum. The scope of affected industries is 

limited to those industries in the following standard industrial classification (SIC) codes: 2821, 2833, 

 2834, 2861, 2865, 2869, 2879. Compliance with this rule shall be attained within a period of two years 

after promulgation. A facility that has become subject to this regulation as a result of a revision of the 

regulation shall comply with the requirements of this Section as soon as practicable, but in no event 

later than one year from the promulgation of the regulation revision. Any emission source that is 

subject to this rule and to the Waste Gas Disposal Rule (LAC 33:III.2115) shall comply with this rule only. 

It is the State’s policy to give facilities one year to come into compliance once they 

become subject to the rule. 

1997, AQ 145, 12/20/96 

2149.E.2.a.-c.i. The revision removes references to repealed chapter 60 and replaces 

them with 40 CFR part 60, appendix A, as incorporated by reference at LAC 33:III.3003 

in the subdivisions a-c. This is an administrative change and is approvable. 

(The introductory paragraph at E.2. below was not revised to account for the 

repeal of chapter 60. This does not affect the approval of E.2.a.-.c. above. This was an 

oversight by the state when the rules were revised, and will be revised in the future to 

reflect the proper chapter. 

2. The following methods in LAC 33:III.Chapter 60, shall be used to comply with the 

percent reduction efficiency requirement listed in Subsection C of this Section.)

Section 2151. Limiting VOC Emissions from Cleanup Solvent Processing

The following changes in this section are minor and clarify the rule, so they should be 

approved. 

1998. AQ149, 1/20/98 

2151.A. Deletes the phrase “and designation of affected operations” which is part of a 

subtitle for the paragraph, and the word “ensuing” which lends no greater meaning to the 

language. These are nonsubstantive in nature. This was later revised in 2004 with a 

substantive change. 

A. Applicability and Designation of Affected Operations. The provisions of this Subchapter apply to the 

ensuing stationary sources that emit, or have the potential to emit, 50 tons per year or more of volatile 

organic compounds and conduct one or more of the following affected cleaning operations in the ozone 

nonattainment area consisting of Ascension, Calcasieu, East Baton Rouge, Iberville, Livingston, Pointe 

Coupee and West Baton Rouge. Once an operation is considered to be covered by this Subchapter, it shall 
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be so considered ad infinitum. The affected cleaning operations are ones that use solvents in the following 

operations: 

2005 AQ 236, 04/20/04 

2151.A. Lowers the limit from 50 to 25 tons per year for the 5-parish nonattainment area 

and specifies that Calcasieu and Pointe Coupee Parishes remain at 50 tpy. 

A. Applicability and Designation of Affected Operations. The provisions of this Subchapter apply to the 

ensuing stationary sources that emit, or have the potential to emit, 50 25 tpy tons per year or more of 

volatile organic compounds and conduct one or more of the following affected cleaning operations in the 

parish of Ascension, East Baton Rouge, Iberville, Livingston, or West Baton Rouge, or 50 TPY or more of 

VOC and conduct one or more of the affected cleaning operations in the parish of Calcasieu or Pointe 

Coupee.ozone nonattainment area consisting of Ascension, Calcasieu, East Baton Rouge, Iberville, 

Livingston, Pointe Coupee and West Baton Rouge. Once an operation a source is considered subject to be 

covered by this Subchapter, it shall be so considered ad infinitum. The affected cleaning operations are 

ones that use solvents in the following operations: 

1998. AQ149, 1/20/98 

2151.B. Definitions. Cleaning of Removable Parts, Closed-Loop Recycling (In-Process 

Recycling) are revised. In the first instance, the word “removable” is added to the term. 

In the second instance, the word “or” is added at the end of “a. solely 

dedicated.....operation; or”. The first is a minor substantive change. The second clarifies 

a choice can be made. These are both approvable. 

B. Definitions. 

SIP Rule: Closed-loop Recycling (In-process Recycling) -- reuse or recirculation of a chemical material 

within the boundaries used to develop a material balance around a unit operation system. A recovery or 

regeneration (R and R) unit operation may be within the boundaries selected for the primary unit operation 

system if it is: 

 a. solely dedicated. The chemical is reused only for cleaning the primary unit operation; 

 b. physically integrated. The R and R unit operation is connected to the primary unit operation 

by means of piping, so that it is not possible to perform the material balance around the primary unit 

operation system without including it. 

Revision: Closed-Loop Recycling (In-Process Recycling)-reuse or recirculation of a chemical material 

within the boundaries used to develop a material balance around a unit operation system. A recovery or 

regeneration (R and R) unit operation may be within the boundaries selected for the primary unit operation 

system if it is: 

a. solely dedicated. The chemical is reused only for cleaning the primary unit operation; or 

b. physically integrated. The R and R unit operation is connected to the primary unit operation by means of 

piping, so that it is not possible to perform the material balance around the primary unit operation system 

without including it. 

 SIP rule: Cleaning of Parts -- solvent engulfs the entire surface of the part as it is dipped into a 

container of solvent or the part is cleaned above the container by a cleaning activity such as spraying or 

wiping. Equipment or the unit operation where this might take place includes part washers, batch-loaded 

cold cleaners, ultrasonic cleaners, and spray gun washers.

Revision: Cleaning of Removable Parts--solvent engulfs the entire 

surface of the part as it is dipped into a container of solvent or the part is cleaned above the container by a 

cleaning activity such as spraying or wiping. Equipment or the unit operation where this might take place 

includes part washers, batchloaded cold cleaners, ultrasonic cleaners, and spray gun washers. 
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1998. AQ149, 1/20/98 

2151.C. Revises the language as follows: 

C. Control Requirements. It is not feasible to mandate specific control techniques in the case of cleanup 

solvents. Therefore the administrative authority* shall require the affected facilities Sources specified in 

Subsection A of this Section to shall implement the following actions, per EPA publication number EPA453/R-94-015, February 1994:

This language change clarifies the rule.. Approvable. 

2151.C.2. Adds the word “and” 

 1. conduct a three month intensive study of solvent types and usage; 

 2. utilize accounting on a unit operation system; and 

This is clarifies that all numbered items must be met. Approvable 

2151.C3. Minor revision of the language to improve readability. 

 3. submit plans to the administrative authority*, to reduce VOC emissions from solvent usage, 

within 12 months after promulgation of these regulations. Any increases in VOC emissions due to the 

substitution of a nonhazardous air pollutant for a hazardous one shall require approval of the administrative 

authority*. As an alternative to submitting reduction plans To satisfy all requirements of this 

Subsection, the owner or operator of an affected facilityies may alternatively report the controls and/or 

work practices deemed to be MACT that have been adopted to reduce VOC emissions from solvent 

cleanup operations. These plans or submissions become enforceable upon approval. 

This is a nonsubstantive change. Approvable. 

1998. AQ149, 1/20/98 

2151.D Adds the word “minor” to “ modification”, and adds a requirement for 

alternative test methods. 

Testing. ASTM Method D-4828, "Standard Test Method for Practical Washability of Organic Coatings," is 

a method adaptable for comparing the cleaning effectiveness of solvents and other cleaners. Minor

Modifications of this method may be approved by the administrative authority*. Alternative methods 

may be approved only by the administrator.

The Administrator referred to in this rule revision is the Administrator or authorized 

representative of the Environmental Protection Agency. This is defined in 33 LAC 111, 

Definitions. These revisions are approvable because they do not affect the integrity of 

the SIP. 

1998. AQ149, 1/20/98 

2151.E. Minor revision of the language to improve readability. 

Monitoring, Reporting, and Recordkeeping. Reporting and recordkeeping shall be used to monitor VOC 

emissions from solvent use for cleanup purposes. Affected facilities shall calculate and record the net VOC 

emissions from usage of solvents monthly and report the net VOC emissions from solvent usage annually. 

 In addition, solvent reduction progress shall be reported annually, based on product output or other suitable 

basis approved by the administrative authority*. Alternately To satisfy all requirements of this 
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Subsection,, the owner or operator of an affected facilityies may alternatively report the controls and/or 

work practices deemed to be MACT that have been adopted to reduce VOC emissions from solvent 

cleanup operations. A violation of this Section occurs if the affected facility does not meet the Stateapproved solvent reduction target. 

Deletion of the final sentence was done in response to a comment allegedly made by the 

Louisiana Chemical Association. No reference to this comment was found in the 

submittal of AQ 149. While EPA previously approved this language into the SIP, the 

state provides two ways in which compliance with this section can be achieved. One is 

based on calculating and reporting VOC emissions from solvent usage. The other is 

based on federal MACT reporting requirements. Both of these methods appear to be 

more stringent than a state solvent usage reduction target, so removing this target as part 

of the rule does not affect the intent or effectiveness of the rule. The revisions are 

approvable. 

2005 AQ 236, 04/20/04 

2151.F. Timing. Facilities must comply within one year of becoming subject to the rule. 

This is approvable because it sets a timeframe for compliance which was previously not a 

part of the approved rule. This is approvable. 

New Revision: 

F. Timing. A facility that has become subject to this regulation as a result of a revision of the regulation shall 

comply with the requirements of this Section as soon as practicable, but in no event later than one year from the 

promulgation of the regulation revision.

Section 2153. Limiting VOC Emissions From Industrial Wastewater

The following changes are minor except for the implementation of 25 tpy, the 

applicability limit for RACT, for sources in severe areas. 

1998 AQ 149, 01/20/98 

2153.A. The definition for “Affected Source Category” appears to be the same as in the 

approved SIP. The language that appears in AQ 149 for this term was approved by EPA 

June 20, 2002 (67 FR 41840) effective August 19, 2002. 

1999-2001. AQ 184, 05/20/99 

2153.A. Definitions. “Chemical Manufacturing Process Unit”, “Plant”, “Point of 

Determination” and “Properly Operated Biotreatment Unit” – are the same as what is 

already approved. The language that appears in AQ 184 for these terms was approved by 

EPA June 20, 2002 (67 FR 41840) effective August 19, 2002. 

The preamble to the rule says these revisions are required for EPA to approve VOC 

RACT. Since RACT was required to approved the serious area SIP, these revisions were 

acted upon at this earlier date. We are updating the IBR Table to reflect these changes. 
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2004. AQ 236, 04/20/04 

2153.A. Modifies the definition of “Affected Source Category” to lower the threshold to 

25 tons per year in the 5-parish area and 50 tpy in Calcasieu and Pointe Coupee Parishes. 

This Rule provides reasonably available control technology (RACT) regulations for 

sources of VOC emissions in the five-parish Baton Rouge ozone nonattainment area that 

are subject to the new lower major stationary source threshold of 25 tons per year. This 

Rule also provides clarification to some language that was unclear or confusing. On April 

24, 2003, the Environmental Protection Agency reclassified or "bumped up" by operation 

of the law the Baton Rouge ozone nonattainment area from a classification of "serious" to 

"severe", effective June 23, 2003 (68 FR 20077). The five-parish Baton Rouge ozone 

nonattainment area includes the parishes of Ascension, East Baton Rouge, Iberville, 

Livingston, and West Baton Rouge. Under Section 182(i) of the 1990 Clean Air Act 

Amendments (CAAA), serious ozone nonattainment areas reclassified to severe are 

required to submit State Implementation Plan revisions addressing the severe area 

requirements for the one-hour ozone National Ambient Air Quality Standard. Under 

Section 182(d) of the 1990 CAAA, severe area plans must include requirements for 

RACT rules for sources of VOC emissions of 25 tons per year, which is the new lower 

major threshold in the five-parish Baton Rouge ozone nonattainment area. 

Affected Source Category -- any facilities of the following source categories located in Ascension, 

Calcasieu, East Baton Rouge, Iberville, Livingston, Pointe Coupee, and West Baton Rouge parishes and 

having the potential to emit 50 TPY or more of VOCs:

 a. organic chemicals, plastics, and synthetic fibers manufacturing industry under Standard Industrial 

Classification (SIC) codes 2821, 2823, 2824, 2865, and 2869;

 b. pesticides manufacturing industry under SIC code 2879;

 c. pharmaceutical manufacturing industry under SIC codes 2833, 2834, and 2836; and

 d. hazardous waste treatment, storage, and disposal facilities industry under SIC codes 4952, 4953, and 

4959. 

Affected Source Category" any facilities of the following source categories located in the parishes of Ascension, 

East Baton Rouge, Iberville, Livingston, and West Baton Rouge and having the potential to emit 25 TPY or 

more of VOC, or located in the parishes of Calcasieu and Pointe Coupee and having the potential to emit 

50 TPY or more of VOC: 

1999-2001. AQ 184, 05/20/99 

2153.B. The language in this AQ revision is the same as what is already approved into 

the SIP. 

2153.B.1.d.- d.ii. The language in this AQ revision is the same as what is already 

approved into the SIP. 

2153.B.3. – 4.b. 

2153.D.2.c. The language in this AQ revision is the same as what is already approved 

into the SIP. 

2153.D.3.h.iii.(b) – 4.b. The language in this AQ revision is the same as what is already 

approved into the SIP. 

The preamble to the rule says these revisions are required for EPA to approve VOC 

RACT. Since these are being republished here, we will update the IBR Table to reflect 

this revision date. The language that appears in AQ 184 for these revisions was approved 

by EPA June 20, 2002 (67 FR 41840) effective August 19, 2002. 
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1997, AQ 145, 12/20/96 

2153.E.1.-5. For these test methods, the revision removes references to repealed chapter 

60 and replaces them with 40 CFR part 60, appendix A, as incorporated by reference at 

LAC 33:III.3003. These revisions are administrative and are approvable. 

1999-2001. AQ 184, 05/20/99 

2153.E.7. – 10. The language in this AQ revision is the same as what is already 

approved into the SIP. 

2153.F.5. The language in this AQ revision is the same as what is already approved into 

the SIP. 

2153.H.1. The language in this AQ revision is the same as what is already approved into 

the SIP. 

The preamble to the rule says these revisions are required for EPA to approve VOC 

RACT. Since these are being republished here, we will update the IBR Table to reflect 

this revision date. The language that appears in AQ 184 for these revisions was approved 

by EPA June 20, 2002 (67 FR 41840) effective August 19, 2002. 

2004. AQ 236, 04/20/04 

2153.I. Now names the nonattainment parishes rather than referring to them by 

classification. Also adds that any facility that becomes subject to this rule because of this 

revision has one year to comply. This is approvable. The one year compliance schedule 

is consistent with other state’s rules for expeditious compliance. 

I. Parishes and Compliance Schedules. For the affected facilities in the ozone nonattainment parishes 

classified marginal or above, any person who is the owner or operator of an affected source category within 

a plant shall be in compliance with this rule no later than November 15, 1996. If an additional affected 

VOC wastewater stream is generated as a result of a process change, the wastewater shall be in compliance 

with this Section upon initial startup or by November 15, 1998, whichever is later, unless the owner or 

operator demonstrates to the administrative authority* that achieving compliance will take longer. If this 

demonstration is made to the administrative authority's* satisfaction, compliance shall be achieved as 

expeditiously as practicable, but in no event later than three years after the process change. An existing 

wastewater stream that becomes an affected VOC wastewater stream due to a process change must be in 

compliance with this Section as expeditiously as practicable, but in no event later than three years after the 

process change. 

I. Parishes and Compliance Schedules. For the affected facilities in the parishes of Ascension, Calcasieu, East 

Baton Rouge, Iberville, Livingston, Pointe Coupee, and West Baton Rouge, any person who is the owner or 

operator of an affected source category within a plant shall be in compliance with these regulations no later than 

November 15, 1996. If an additional affected VOC wastewater stream is generated as a result of a process 

change, the wastewater shall be in compliance with this Section upon initial startup or by November 15, 1998, 

whichever is later, unless the owner or operator demonstrates to the administrative authority* that achieving 

compliance will take longer. If this demonstration is satisfactory to the administrative authority*, compliance 

shall be achieved as expeditiously as practicable, but in no event later than three years after the process change. 

An existing wastewater stream that becomes an affected VOC wastewater stream due to a process change must 

be in compliance with this Section as expeditiously as practicable, but in no event later than three years after the 

process change. A facility that has become subject to this regulation as a result of a revision of the 

regulation shall comply with the requirements of this Section as soon as practicable, but in no event later 

than one year from the promulgation of the regulation revision.

2004. AQ219A, 04/20/04 
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2153.I. The revision to subsection I. is the same as that in AQ236. 

Subchapter N. Method 43 – Capture Efficiency Test Procedures 

Section 2155 Principle

1997, AQ 145, 12/20/96 

This revision shows the recodification of parts of Chapter 61 to Subchapter N in Chapter 

21 as follows: 

 Old/New 

6121/2155 

6123/2156 

6125/2157 

6127/2158 

6129/2159 

6131/2160 

This revision renumbers section 6121 to 2155. Because this renumbering is an 

administrative change, this is approvable. 

Section 2156. Definitions.

1997, AQ 145, 12/20/96 

2156 is renumbered from 6123. Approvable.

1997. AQ 161, 12/20/97 

2156. Definitions. The following terms are modified: BE, PTE and TTE are modified to 

update the reference to Procedure T found in 2160.F. 

1999-2001. AQ145, 12/20/1996. 

Repeals section 6123 and renumbers it as section 2156. This is a resubmittal of AQ 145. 

The resubmittal was found to be unnecessary so the State withdrew the submittal in a 

letter dated January 25, 2011. 

2003. AQ 232, 10/20/03 

2156.A. Amends the definition of “BE”, a building enclosure by referring to 40 CFR 51, 

Appendix M, Method 204, which is a correction to the definition amended in AQ213. 

Approvable. 
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Section 2157. Applicability. 

1997, AQ 145, 12/20/96 

2157 is renumbered from 6125. Approvable.

1997. AQ 161, 12.20/97 

2157.A.-B. Updates the references from chapter 61 to appropriate chapter 21 sections. 

Approvable. The renumbering to chapter 21 was adopted in December 1996 but not 

submitted as part of the 1996 general rules SIP. It was republished again after that time 

and submitted as part of the 1999-2001 submittal as AQ145 (below). 

1999-2001. AQ145, 12/20/1996. 

Repeals section 6125 and renumbers it as section 2157. This is a resubmittal of AQ 145. 

The resubmittal was found to be unnecessary so the State withdrew the submittal in a 

letter dated January 25, 2011. 

1999-2001. AQ213, 8/20/01 

2157.B. Changes the reference from a state method to 40 CFR 51, Appendix M, Method 

204. Updates the rule reference to Section 2158. Approvable. 

Section 2158. Specific Requirements.

1997, AQ 145, 12/20/96 

2158 is renumbered from 6127. Approvable.

1997. AQ 161, 12.20/97 

2158.C.1.-4. Corrects (updates) regulatory references here from those in chapter 61 to 

those in chapter 21. Since Chapter 61 was repealed and part of it renumbered as chapter 

21, this is approvable. This action is superseded by the action in AQ 213 (below). 

1999-2001. AQ145, 12/20/1996. 

Repeals section 6127 and renumbers it as section 2158. This is a resubmittal of AQ 145. 

The resubmittal was found to be unnecessary so the State withdrew the submittal in a 

letter dated January 25, 2011. 

1999-2001. AQ213, 8/20/01 

2158.C.1.-4. Eliminates the introductory sentence that does not affect the effectiveness 

of the SIP. Just lists the 4 methods listed in the approved rule. Changes the reference in 

each method from a state method reference to 40 CFR 51 method 204 reference. Some 

words are now capitalized that were previously not capitalized. The equations are the 

same. Approvable. This action supersedes the action in AQ 161 (above). 
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Section 2159. Recordkeeping. 

1997, AQ 145, 12/20/96 

2159 is renumbered from 6129. Approvable. 

1997. AQ 161, 12.20/97 

2159.D.-E. Corrects (updates) regulatory references here from those in chapter 61 to 

those in chapter 21. Since Chapter 61 was repealed and part of it renumbered as chapter 

21, this is approvable. 

1999-2001. AQ145, 12/20/1996. 

Repeals section 6129 and renumbers it as section 2159. This is a resubmittal of AQ 145. 

The resubmittal was found to be unnecessary so the State withdrew the submittal in a 

letter dated January 25, 2011. 

1999-2001. AQ213, 8/20/01 

2159.D.-E. Changes references to methods from a Louisiana citation to 40 CFR 51, 

Appendix M, method 204 for both PTEs and TTEs. This is approvable. 

Section 2160. Procedures.

1997, AQ 145, 12/20/96 

2160 is renumbered from 6131. Approvable.

1999-2001. AQ145, 12/20/1996. 

Repeals section 6131and renumbers it as section 2160. This is a resubmittal of AQ 145. 

The resubmittal was found to be unnecessary so the State withdrew the submittal in a 

letter dated January 25, 2011. 

1997. AQ 161, 12.20/97 

2160.A.2.c. Corrects (updates) regulatory references here from those in chapter 61 to 

those in chapter 21. Since Chapter 61 was repealed and part of it renumbered as chapter 

21, this is approvable. 

1997. AQ 161, 12.20/97 

2160.A.4.d. Corrects (updates) regulatory references here from those in chapter 61 to 

those in chapter 21. In this case it now refers to methods in 40 CFR 60, Appendix A. 

Since Chapter 61 was repealed and part of it renumbered as chapter 21, this is 

approvable. 

1998. AQ171, 7/20/98 

2160.A.4.d. Simply updates a reference to a 40 CFR 60 reference IBR’d in Chapter 30. 

Approvable.
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1999-2001. AQ213, 8/20/01 

2160.A.-B. Incorporates by Reference 40 CFR 51, appendix M as the regulations to be 

used for Procedures. It directs the reader to where the CFR can be obtained in hard copy. 

2160.C. Modifications and Exemptions to the federal test methods. 

We will not be acting on section 2160.C. as revised in AQ 213 because LDEQ has 

withdrawn the revision in a letter dated January 25, 2011. 

Summary of Revision: 

This new paragraph lists a number of modifications that the state would allow in 

using Method 204C referenced in 40 CFR 51 Appendix M. 

1997. AQ 161, 12.20/97 

2160.C.4.d. Corrects (updates) regulatory references here from those in chapter 61 to 

those in chapter 21. In this case it now refers to methods in 40 CFR 60, Appendix A. 

Since Chapter 61 was repealed and part of it renumbered as chapter 21, this is 

approvable. This is superseded by the action in AQ 171 (below) 

1998. AQ171, 7/20/98 

2160.C.4.d. Simply updates a reference to a 40 CFR 60 reference IBR’d in Chapter 30. 

Approvable. This action supersedes the action in AQ 161 (above). 

1997. AQ 161, 12.20/97 

2160.D.4.d. Corrects (updates) regulatory references here from those in chapter 61 to 

those in chapter 21. In this case it now refers to methods in 40 CFR 60, Appendix A. 

Since Chapter 61 was repealed and part of it renumbered as chapter 21, this is 

approvable. This is superseded by the action in AQ 171 (below) 

1998. AQ171, 7/20/98 

2160.D.4.d. Simply updates a reference to a 40 CFR 60 reference IBR’d in Chapter 30. 

Approvable. This action supersedes the action in AQ 161 (above). 

2199. Appendix A. 

1997. AQ 156 Section 2147, 11/20/97 

2199. Appendix A. This revision moves table 8 from 2147 to Appendix A. It also 

updates references to table 8 and its new location, and removes urea from the SOCMI 

chemical list. References to Table 8 are updated to reflect its new location. Urea is being 

removed from the SOCMI chemical list. It had previously been removed in 1984. Then in 

1987, when all of DEQ's regulations were recodified, the original Table 8 was mistakenly 

substituted and published. This rulemaking corrects the error and adds other clarifications 

to Table 8. This revision is administrative in nature therefore EPA recommends 

approving it. 
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Chapter 22 Control of Emission of Nitrogen Oxide (NOx)

Section 2201. Affected Facilities in the Baton Rouge Nonattainment Area and the 

Region of Influence. 

2004, AQ 234. 4/20/2004 

2201.B. Definitions. Adopts revised definitions of Affected Facility, Averaging 

Capacity, Combined Cycle, Low Ozone Season Capacity Factor Boiler or Process 

Heater/Furnace, and Nitrogen Oxides (NOx). These changes clarify and (in some cases) 

distinguish between the requirements for the nonattainment area and the Region of 

Influence. This is approvable. 

2201.C.1.-3. Under the list of exemptions: Limits exempted facilities to a maximum 

rated capacity of less than 40 MMBtu/hour (down from 80). Reduces the stationary gas 

turbine limit to less than 5 MW in the BR nonattainment area while leaving the level at 

10 in the Region of Influence. In C.3., reduces the maximum for rich burn engines from 

300 to 150Hp. 3.b. and c. for lean-burn engines are combined and the maximum Hp is 

reduced from 320 to 150. 

2201.C.8. Also under exemptions, adds “(This exemption does not apply to units that are 

shut down intentionally on a routine basis, more than once per month.)”. 

2201.D.1. These emission factor tables are discussed below in more detail. 

2201.D.4. Adds a modifier of “or grams NOx per Hp-hr”. 

2201.F.1.a. Permits. 

2201.F.1.a.5. Adds NOx to the list of significant net emission increases discussed in this 

part. 

2201.F.1.c. Can’t determine what change, if any, has been made. Will IBR this 

submittal. 

2005, OS065. 10/20/2005 . 

Section 2201.F.7.a. A word by word comparison of the LDEQ-adopted version of 

section 2201(F)(7)(a) vs. EPA-approved section 2201(F)(7)(a) reveals that the term 

“Permits Division” has been revised to read “Air Permits Division.” This revision is 

editorial in nature. Thus should be given approval. 

2004, AQ 234. 4/20/2004 

2201.G.2. Initial Demonstration of Compliance. Removes O2 and NH3 from the list 

of emissions to be measured “...if modifications, done to comply with this Chapter, could 

cause and increase in emissions of any of these compounds” (added). 
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2201.H.1.b.iii. Continuous Demonstration of Compliance. Regarding CEMs, adds 

“...”or the requirements of 40 CFR Part 75 for units regulated under the Acid Rain 

Program...”. 

2201.H.2. Adds by modifying with “...and that have a maximum rated capacity that is equal to or 

greater than 80 MMBtu/hour...”

2201.H.3. Adds by modifying with “...and that have a megawatt rating based on heat input that is 

equal to or greater than 10 MW...”

The revision adopts reasonably available control technology (RACT) provisions for 

sources of nitrogen oxides (NOx) emissions in the five-parish Baton Rouge ozone 

nonattainment area that are subject to the new lower major stationary source threshold of 

25 tons per year. On April 24, 2003, the Environmental Protection Agency reclassified or 

"bumped up" by operation of law the Baton Rouge ozone nonattainment area from a 

classification of "serious" to "severe", effective June 23, 2003 (68 FR 20077). The fiveparish Baton Rouge ozone nonattainment area includes the parishes of Ascension, East 

Baton Rouge, Iberville, Livingston, and West Baton Rouge. Under Section 182(i) of the 

1990 Clean Air Act Amendments (CAAA, the Act), serious ozone nonattainment areas 

reclassified to severe are required to submit State Implementation Plan revisions 

addressing the severe area requirements for the one-hour ozone National Ambient Air 

Quality Standard. Under Section 182(d) of the Act, severe area plans must include 

requirements for RACT rules for sources of NOx emissions of 25 tons per year, which is 

the new lower major source threshold in the five-parish Baton Rouge ozone 

nonattainment area. This Rule is a revision to the Louisiana State Implementation Plan. 

The adopted provisions will make the applicability threshold limit consistent with section 

182(d) of the Act, the new lower applicability threshold limit will strengthen the SIP. 

Also see paragraphs 1 through 10 below. 

 

1. The emission limit for the Electric Power Generating System Boilers burning 

number 6 fuel oil in the region of influence is the same as those we approved for 

the Baton Rouge ozone nonattainment area on September 27, 2002 at 67 FR 

60877. 

2. The emission limit for the Electric Power Generating System Boilers burning coal 

in the region of influence is the same as those we approved for the Baton Rouge 

ozone nonattainment area on September 27, 2002 at 67 FR 60877. 

3. The emission factor for the all others Electric Power Generating System Boilers 

(burning gaseous or liquid) in the region of influence is the same as those we 

approved for the Baton Rouge ozone nonattainment area on September 27, 2002 

at 67 FR 60877. 

4. The emission limit for the ammonia reformers in the region of influence is the 

same as those we approved for the Baton Rouge ozone nonattainment area on 

September 27, 2002 at 67 FR 60877. 
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5. The emission limit for the process heater/furnaces (all others) ammonia reformers 

in the region of influence is the same as those we approved for the Baton Rouge 

ozone nonattainment area on September 27, 2002 at 67 FR 60877. 

6. The emission limit for the stationary gas turbines used for peaking services that 

are fuel oil-fired in the region of influence is the same as those we approved for 

the Baton Rouge ozone nonattainment area on September 27, 2002 at 67 FR 

60877. 

7. The emission limit for the stationary gas turbines used for peaking services that 

are gas-fired in the region of influence is the same as those we approved for the 

Baton Rouge ozone nonattainment area on September 27, 2002 at 67 FR 60877. 

8. The emission limit for the stationary gas turbines (all others) in the region of 

influence is the same as those we approved for the Baton Rouge ozone 

nonattainment area on September 27, 2002 at 67 FR 60877. 

9. The emission limit for the stationary internal combustion engines that are rich 

burn and rated at 300 Hp or more in the region of influence is the same as those 

we approved for the Baton Rouge ozone nonattainment area on September 27, 

2002 at 67 FR 60877. 

10. The emission limit for the stationary internal combustion engines that are lean 

burn and rated at 1500 Hp or more in the region of influence were not previously 

controlled and would have emitted at a rate of 10 g/Hp-hour. The LDEQ-adopted 

emission factor for such units will now become 4 g/Hp-hour (a 60% NOx 

reduction). The LDEQ-adopted emission factor will result in additional NOx 

reduction, and strengthen the SIP. 

These new limits will result in emission reductions in an area influencing the Baton 

Rouge nonattainment area and thus, should be approved. 

Based on paragraphs 1 through 10 presented above, and the fact that revision will 

strengthen the SIP it is recommended to include AQ234 into Louisiana SIP. Based on 

evaluations presented above, we can propose to approve revisions to the Louisiana SIP 

identified as AQ234 and OS065 into Louisiana SIP. 

CHAPTER 23. Control of Emissions for Specific Industries 

Chapter 23 was last approved by EPA on 07/15/93 (58 FR 38060), codified at 

52.970(c)(59), and became effective 09/13/93. The following is a description of the 

LDEQ-adopted revisions to Chapter 23: 
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Section 2301. Control of Emissions from the Chemical Woodpulping Industry. 

1996. AQ 79, 12/20/93. 

Subchapter A, LAC 33:III. 2301 Control of Emissions for Chemical Woodpulping 

Industry. 

2301. D. and D.3. The change in Section 2301 is to conform with LAC 33:III.3533.A.4, 

Standards of Performance for Kraft Pulp Mills (Subpart BB) and Federal Rule 40 CFR 

60.283. These proposed regulations are to become effective on December 20, 1993. 

Change will eliminate a discrepancy with the NSPS limits for smelt dissolving tanks and 

thus is approvable. 

2005. OS65, 10/20/05 

2301.D.4.a. Changed the name of the agency department to match the current 

department designation name. This is an administrative change and thus is approvable. 

2006. AQ 264, 10/20/06. 

Subchapter A, LAC 33:III. 2301.E. Exemptions. This revision provides an exemption 

from 2301 requirement for facilities also covered by NSPS. 

2301.E. Exemptions. Because the total reduced sulfur, particulates, and opacity from 

Kraft Pulp Mills is covered in New Source Performance Standards in Subpart BB, these 

facilities will be subject to equivalent or more stringent requirements than those set forth 

in Section 2301. For this reason we can support AQ 264 which exempts those facilities 

subject to NSPS, Subpart BB, from the state rules in Chapter 23. 

Section 2303. Standards for Horizontal Study Doderberg Primary Aluminum Plants 

and Prebake Primary Aluminum Plants.

2005. OS65, 10/20/05 

2303.E. and F.1.d.2. Changed the name of the agency department to match the current 

department designation name. 

Section 2307. Emission Standards for the Nitric Acid Industry

1997. AQ 161, 12/20/97. 

2307.C.1.a. and C.2.a. 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 

23:1680 (December 1997), LR 24:1286 (July 1998), amended by the Office 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 33:2088 (October 2007). Approved by EPA 

03/08/89, (54 FR 09795) at 52.970 (c)(49) effective 05/08/89. This revision will replace 
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LAC 33:III.3191-3194 with 40 CFR 60, Subpart G and will make Section 2307 

consistent with Federal citations. Thus should be given approval. 

1998. AQ171, 7/20/98 

2307.C.1.a. and 2307.C.2.a. Simply updates a reference to a 40 CFR 60 reference IBR’d 

in Chapter 30. Approvable. 

2005. OS65, 10/20/05 

2307.C.1.a. and C.2.a. Changed the name of the agency department to match the current 

department designation name. 

Conclusion: Based on evaluations presented above, we are proposing to approve 

revisions to the Louisiana SIP identified as AQ79, AQ161, AQ171, AQ264, and OS065 

into the Louisiana SIP. 

CHAPTER 25. Miscellaneous Incinerator Rules 

1996. AQ 83, 10/20/94. 

Sections 2501, 2511, and 2521. Promulgated by the Department of Environmental 

Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 20:1098 

(October 1994), The rule strikes existing sections LAC 33:111.1319 and 5191 of Air Quality 

regulations and reorganize them in LAC 33:III, Chapter 25, Miscellaneous Incineration 

Rules. The new Chapter 25 is specifically set for miscellaneous incineration rules. 

Section 2501 simply sets the scope of the chapter. 

Section 2511. Standards of Performance for Biomedical Waste Incinerators.

1996. AQ 83, 10/20/94. 

Section 2511 is the content of the repealed 5191, which was not previously part of the 

approved SIP. 

1997. AQ 161, 12/20/97

2511.B. Updates a reference to 40 CFR 60.2. Thus should be given approval. 

1998. AQ171, 7/20/98 

2511.B. Definitions. Simply updates a reference to a 40 CFR 60 reference now IBR’d in 

Chapter 30. Approvable.

2005. OS65, 10/20/05 

2511.C. This revision is an administrative change that updates the name of the 

Department office referenced in the rule. This is approvable. 

1996. AQ 125, 10/20/95 

Section 2511.E.5. Promulgated by the Department of Environmental Quality, Office of 

Air Quality and Radiation Protection, Air Quality Division, LR 20:1098 (October 1994), 
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LR 21:1081 (October 1995). Removes phrase “undesirable levels” from rule. The 

regulations are as protective as the former regulations. Thus should be given approval. 

1997, AQ 145, 12/20/96 

2511.E.6.a.-d. The revision removes references to repealed chapter 60 and replaces them 

with 40 CFR part 60, appendix A, as incorporated by reference at LAC 33:III.3003. 

Section 2521. Refuse Incinerators

1996. AQ 83, 10/20/94. 

Section 2521 is an updated version of the repealed 1319. Subsections E and F are 

expanded to provide more detailed and stringent standards than is currently approved. 

This strengthens the SIP and should be approved. 

1997, AQ 145, 12/20/96 

2521.E. The revision removes references to repealed chapter 60 and replaces them with 

40 CFR part 60, appendix A, as incorporated by reference at LAC 33:III.3003. 

2521.F.9.a.-d. The revision removes references to repealed chapter 60 and replaces them 

with 40 CFR part 60, appendix A, as incorporated by reference at LAC 33:III.3003. 

 These revisions are administrative and are approvable. 

2005. OS65, 10/20/05 

2521.F.10. This revision is an administrative change that updates the name of the 

Department office referenced in the rule. This is approvable. 

Section 2531. Standards of Performance for Crematories.

This section is not part of the approved SIP. Therefore it is not appropriate for EPA to be 

acting on any revisions to these rules. 

1996. AQ 142, 11/20/96 

2531. We will not be acting on section 2531 as revised in AQ142 because LDEQ 

withdrew the revision in a letter dated January 25, 2011. 

Summary of Revision: 

The changes remove the thickness requirement under the definition of appropriate 

containers and remove Section K.1, which requires a visual emissions test once 

every five years. The underlying rules for crematories are not currently part of 

the approved SIP and were not submitted. This section on crematories is not 

required by the Clean Air Act, so the inclusion of these rules in the SIP is not 

mandatory. 

1997, AQ 145, 12/20/96 

2531.K.1.a.-c. The revision removes references to repealed chapter 60 and replaces them 

with 40 CFR part 60, appendix A, as incorporated by reference at LAC 33:III.3003. 
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Because this chapter is not part of the approved SIP, and that the State removed Section 

2131.K in the above action, we will not be acting on section 2531 as revised in AQ145. 

2005. OS65, 10/20/05 

2531.J.2. This revision is an administrative change that updates the name of the 

Department office referenced in the rule. We will not be acting on section 2531 as 

revised in OS 65 because LDEQ withdrew section 2531 in a letter dated January 25, 2011 

for AQ 142 above. 

Chapter 29. Odor Regulations 

1997, AQ 145, 12/20/96 

Chapter 29 is not a part of the approved SIP. The Clean Air Act does not provide the 

authority to regulate odors. The state requested to withdraw the revisions to Chapter 29 

in a letter dated January 25, 2011. 

Chapter 30. Standards of Performance for New Stationary Sources. 

1997, AQ 145, 12/20/96 

3001. Repeal and Renumbering

This chapter and this section is completely new and should be approved into the SIP. 

This section shows the repeal and renumbering of Chapters 31, 60, 61, and 64. 

Subchapter A. Incorporation by Reference 

3003. IBR 40 Code of Federal Regulations (CFR) Part 60 

This new section lists all the subparts of 40 CFR 60 from subpart A through subpart VVV 

in Table 1. In Table 1A it lists the Appendices to 40 CFR Part 60 from A through I. In 

3003.B. the Table lists 40 CFR 60 rules that were published between July 2, 1995 and 

June 30, 1996. 

3003.C. Corrective modifications are made to items in 40 CFR 60, 60.4(b)(T), and the 

authority for the availability of information for the public. 

3003.D. This tells the reader that they can get copies of documents referenced in the 

chapter from the U.S. Government Printing Office. 

 Incorporation by reference is an administrative change which is approvable. Both 

Section 3003 and 40 CFR Part 60 were later amended on many occasions, but the 

approval of Section 3003 in the form presented under AQ 145 is a precursory step for our 

approval of any subsequent revisions that may be submitted concerning the section, 

including updates to IBR references. 

Chapters 31, 60, 61, and 64: Repealed

 1997, AQ 145, 12/20/96 

AQ 145 was published at LR 22.1212 in December 1996 to repeal or renumber 

provisions in multiple chapters. As reflected in today’s Section 3001, the following 

Chapters had portions repealed: 31, 60, 61, and 64. Only former Chapters 60 and 61 
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contained previously approved SIP rules. In a submittal cover letter dated April 30, 

1997, the state asked that Chapter 30, which repeals Chapter 60, be added for inclusion in 

the SIP. In a 1999-2001 “resubmittal,” the state only marked for consideration the fact 

there had been a repeal of chapter “61 (except Subchapter A which is moved and 

renumbered as Subchapter N in Chapter 21).” This serves to highlight that AQ 145 had 

moved Sections 6121-6131 (including several previously approved SIP rules) to 2156-

2160. 

1997, AQ 145, 12/20/96 

Chapter 31. Repealed in its entirety. We will not be acting on Chapter 31, because 

LDEQ withdrew its request for action in a letter dated January 25, 2011. 

1997, AQ 145, 12/20/96 

Chapter 60. Repealed the chapter and all sections except for section 6099 which was 

moved to Chapter 2901.G. Chapter 60 sections 6001-6089 were previously approved SIP 

rules, but section 6099 was not. All the test methods in Chapter 60 were changed to 

federal test methods that were incorporated by reference wherever they appeared in other 

chapters, and we therefore consider the revision approvable and recommend removal of 

the previously approved Chapter 60 rules. 

1997, AQ 145, 12/20/96 

Chapter 61. Repealed except for Subchapter A that was moved to Subchapter N of 

Chapter 21. We recommend removal of the previously approved Chapter 61 rules 

because the renumbered rules (Sections 2155, 2156, 2157, 2158, 2159, and 2160) in 

Chapter 21 are approvable. Note that the state withdrew the August 20, 2001 revision to 

section 2160.C.in a letter dated November 15, 2010. Therefore we will not be acting on 

2160.C. 

Please see the corresponding sections of this TSD regarding Chapter 21for a discussion 

of these sections. 

1997, AQ 145, 12/20/96 

Chapter 64. Repealed in its entirety. Chapter 64 was not previously approved into the 

SIP. We will not be acting on Chapter 64 because LDEQ withdrew its request for action 

from our consideration in a letter dated 25, 2011. 

Chapter 65: Repealed and Renumbered

1996, Potpourri 10/20/96 and AQ 76, 11/20/93. 

This chapter was repealed and renumbered as LAC 33:III:Chapter 2. The Secretary 

announced the repeal and renumbering in a Potpourri Notice in October 1993. There was 

no change in text in that process. In AQ 76 in November 1993, there is an Editor’s note 

referring to the repeal and renumbering into Chapter 2. Then AQ 76 goes on to revise 

some Chapter 2 rules. For the purposes of this rulemaking, we will be IBRing the 

Potpourri Notice as the adoption date. 
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Louisiana Revised Statues 

April 30, 1997 Submittal 

This submittal also includes Louisiana Revised Statutes including revisions 

through the 1996 Legislative Session. Previously, Title 30, 36, and 40 contained the 

relevant authority for LDEQ to conduct environmental business. 

The following table shows what is currently approved into the SIP. 

Title Previously Approved into SIP

LA. R.S. of 1950. Title 40, Chapter 12. The Louisiana Air Control Law, Part 1, 

Louisiana Air Control Commission 

40:2201 Citation 

40:2202 Definition 

40:2203 Commission created; domicile; membership; tenure; meetings 

40:2204 Powers and Duties of Commission 

40:2205 Powers and Duties of Technical Secretary 

40:2206 Approval of rules and regulation’ public hearings; difference. 

40:2207 Validity of rules or regulations; declaratory judgement. 

40:2208 Investigations; complaints; hearings; recommendations. 

40:2209 Procedure at hearings. 

40:1077 Secret processes or methods as confidential. 

40:2211 Variances 

40:2212 Failure to act on petition for variance 

40:2213 Judicial review 

40:2214 Injunction; penalties for violations of orders of the commission 

40:2215 Actions inuring to benefit the state 

40:2216 Act as exclusive means of control; nuisances 

LA. R.S. of 1992. Title 30 and 36, Subtitle II. Environmental Quality, Chapter 3. 

Louisiana Air Control Law 

30:2060 N.6 Toxic air pollution emission control program 

30:2061 Small Business Stationary Source Technical and Environmental Compliance 

Assistance Program. 

30:2062 Louisiana Small Business Compliance Advisory panel 

36:239(H) Transfer of agencies and functions to the Department of Environmental 

Quality 

The statutes were revised, with authority being moved to other Titles, and 

expanded to include a more comprehensive set of laws to explain how the agencies of the 

Louisiana government should operate. The revised statutes as they appear in the 

following table would replace those currently approved into the SIP. We are not acting 

on this substitution at this time. The revised statutes may be the subject of a future 

rulemaking. Our purpose here is to document what was submitted. A complete listing of 

all the revised statues can be found in Appendix C. A summary list appears in the 

following Table: 
92

92

A complete listing of all the revised statues can be found in Appendix C. A 

summary list appears in the following table: 

Title Chapter Title 

36 Chapter 5-A Department of Environmental Quality 

 Chapter 24 Implementation Reorganization 

49 Chapter 13 Administrative Procedure 

30 Subtitle II Environmental Quality 

 Chapter 1 General 

 Chapter 2 Department of Environmental Quality 

 Chapter 3 Louisiana Air Control Law 

42 Chapter 15 Code of Government Ethics 

44 Chapter 1 Public Records 

Final Conclusions and Recommendations

All rule revisions in LAC 33:I. Chapter 5, and LAC33:III Chapters 1, 7, 9, 11, 13, 

14,15, 19, 21, 22, 23, and 25 were identified. Chapters 2 Fees, 5 Permits, and 6 Emission 

Reduction Credits will be reviewed separately by the Air Permits Section. We 

recommend approval of all the revisions in LAC33:III Chapters 1, 7, 9, 11, 13, 14,15, 19, 

21, 22, 23, and 25 submitted from 1996-2006 with exceptions listed below. 

We also recommend recognition of the Louisiana Revised Statutes as submitted. 

The following is a summary of SIP revisions that EPA will not be acting on in this 

rulemaking, in addition to the revisions presented in Chapters 2,5, and 6 as noted earlier. 

We find that not acting on the following revisions does not affect the approvability of the 

other revisions into the SIP. 

Action 

Year 

Action Date 

Adopted 

Section Comment 

1996. OS-14. 5/20/1996 LAC 33:I 

Chapter 5 

LAC 33: III. 517 

and 107.E. 

Keeping in place the approved 

language in 107.E. 

Chapter 5 rules need to be 

submitted. 

1996. OS15, 8/20/93 927. Notification 

Required 

(Unauthorized 

Discharges) 

Keeping in place the approved 

language in section 927. 

1996, AQ 125 10/20/95. 1109.C.and D. The previously approved 

provisions will remain in place. 

2005. OS65, 10/20/05 1507. Exceptions The previously approved 

provisions will remain in place. 

1998. AQ 180 12/20/98 1509. The current EPA-approved 

version of the section 1509 
93

93

(07/15/93, 58 FR 38060) will 

continue to remain in the SIP. 

2005. AQ 248 05/20/05 1509. Reduced 

Sulfur Compounds 

(New and Existing 

Sources). 

The current EPA-approved 

version of the section 1509 

(07/15/93, 58 FR 38060) will 

continue to remain in the SIP. 

2004 AQ219A 8/20/02 2103.E. The previously approved 

provisions will remain in place. 

2004 AQ151 11/20/97 2104.F.2.e. Not part of the approved SIP. 

1998 AQ 149 1/20/98 2107.E.3. The previously approved 

provisions will remain in place. 

The SIP approved language is 

no longer found in the state 

adopted regulations at this 

citation, but we have no SIP 

revision requesting a change. 

1997 AQ 145 12/20/96 2116.D.4. Section 2116 is not part of the 

approved SIP and is 

exclusively a state rule. 

1999-

2001 

OS65 7/20/05 2116.G.1.-2. Section 2116 is not part of the 

approved SIP and is 

exclusively a state rule. 

1996 AQ103 

AQ109 

1/20/95 

7/20/95 

2120. Not a part of the approved SIP. 

1997 AQ 145 12/20/96 2129.C.1.-.4. Section 2129 was rescinded by 

the state in an earlier action. 

1996. AQ111. 6/20/1995 2133.F. Not a part of the approved SIP. 

1999-

2001 

AQ 145 12/20/1996 2156-2160 This is a resubmittal of AQ 145 

and found to be unnecessary. 

1999-

2001 

AQ213 8/20/01 2160.C. 

Modifications and 

Exemptions to the 

federal test methods. 

There is no comparable 

language in the approved SIP, 

therefore the federal method 

referenced in 2160.A. is the 

fallback for this rule. 

1996 AQ 142 11/20/96 2531 Chapter 25 is not currently part 

of the approved SIP. 

1997 AQ 145 12/20/96 Chapter 29 Chapter 29 is not part of the 

approved SIP, and not required 

for a SIP under the CAA. 

1997 AQ 145 12/20/96 Chapter 31 Chapter 31 was not part of the 

approved SIP. 

1997 AQ 145 12/20/96 Chapter 64 Chapter 64 was not part of the 

approved SIP. 
94

94

Appendix A 

Table I – EPA-approved Sections and LDEQ-Adopted sections of Title 33 

Environmental Quality Part III Air, Chapter 15 Emission Standards for Sulfur 

Dioxide 

EPA-Approved Section LDEQ-Adopted Section 

Section 1503. Emission Limitations 

(Approved by EPA 07/15/93 (58 FR 38060) at 

52.970(c)(59) effective 09/13/93.) 

 As used in this Section a three-hour average means the 

average emissions for any three consecutive one- hour 

periods (each commencing on the hour), provided that the 

number of three-hour periods during which the SO2 

limitation is exceeded is not greater than the number of 

one-hour periods during which the SO2 limitation is 

exceeded. 

 A. Sulfuric Acid Plants New and Existing. The 

emissions of sulfur dioxide and acid mist from new 

sulfuric acid production units which commence 

construction or modification after August 17, 1971 shall be 

limited to that specified in LAC 33:III.3232 and 3233, i.e. 

4.0 pounds/ton of 100 percent H2SO4 (2 kilograms/metric 

ton) and 0.15 pounds/ton of 100 percent H2SO4 (.075 

kilograms/metric ton) respectively (three-hour averages). 

Emissions from existing units shall be limited as 

follows: 

SO2-not more than 2000 ppm by volume (three-hour 

average); 

acid mist-not more than 0.5 pounds/ton of 100 percent 

H2SO4 three-hour average). 

 B. Sulfur Recovery Plants-New and Existing. The 

emission of sulfur oxides calculated as sulfur dioxide from 

a new sulfur recovery plant which commences 

construction or modification after October 4, 1976 shall be 

limited to that specified in LAC 33:III.3264.A.2. The 

emission of sulfur oxides calculated as sulfur dioxide from 

an existing plant shall be limited to a sulfur dioxide 

concentration of not more than 1,300 ppm by volume 

(three-hour average). 

 C. All Other Sources-New and Existing not elsewhere 

discussed. No person shall discharge gases from the 

subject sources which contain concentrations of SO2, 

which exceed 2000 parts per million (ppm) by volume at 

standard conditions (three-hour average), or any applicable 

Federal NSPS emission limitation, whichever is more 

stringent. Units emitting less than 250 tons per year of 

sulfur compounds measured as sulfur dioxide may be 

exempted from the 2000 ppm(v) limitation by the 

administrative authority. 

 D. Measurement of Concentrations 

Chapter 15. Emission Standards for Sulfur Dioxide 

§1503. Emission Limitations 

As used in this Section a three-hour average means 

the average emissions for any three consecutive one-hour 

periods (each commencing on the hour), provided that 

the number of three-hour periods during which the SO2 

limitation is exceeded is not greater than the number of 

one-hour periods during which the SO2 limitation is 

exceeded. 

A. Sulfuric Acid Plants— New and Existing. The 

emissions of sulfur dioxide and acid mist from new 

sulfuric acid production units that commence 

construction or modification after August 17, 1971, shall 

be limited to that specified in 40 CFR 60.82 and 60.83, 

as incorporated by reference in 

LAC 33:III.Chapter 30, i.e., 4.0 pounds/ton of 100 

percent H2SO4 (2 kilograms/metric ton) and 0.15 

pounds/ton of 100 percent H2SO4 (.075 

kilograms/metric ton) respectively 

(three-hour averages). Emissions from existing units 

shall be limited as follows: SO2 — not more than 2000 

ppm by volume 

(three-hour average); acid mist— not more than 0.5 

pounds/ton of 100 percent H2SO4 (three-hour average). 

B. Sulfur Recovery Plants— New and Existing. The 

emission of sulfur oxides calculated as sulfur dioxide 

from a new sulfur recovery plant that commences 

construction or modification after October 4, 1976, shall 

be limited to that 

specified in 40 CFR 60.104(a)(2), as incorporated by 

reference in LAC 33:III.Chapter 30. The emission of 

sulfur oxides calculated as sulfur dioxide from an 

existing plant shall be limited to a sulfur dioxide 

concentration of not more than 1,300 ppm by volume 

(three-hour average). 

* * * 

[See Prior Text in C-Table 4] 

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 Department of 

Environmental Quality, Office of Air Quality and 

Radiation Protection, Air Quality Division, LR 18:374 

(April 1992), LR 22:1212 (December 1996), LR 23:1677 

(December 1997), LR 24:1284 (July 1998). See AQ161 

of 1997.
95

95

EPA-Approved Section LDEQ-Adopted Section 

 1. Analytical Methods. The methods listed in Table 

4 or such equivalent method as may be approved by the 

administrative authority* shall be utilized to determine 

sulfur dioxide and sulfuric acid mist concentrations in 

stack gases. These methods are to be used for initial 

compliance determinations and for additional compliance 

determinations for those facilities not subject to continuous 

emission monitoring. 

 2. Calibration of Equipment Required. Measurement 

equipment shall be periodically calibrated to comply with 

minimal American Bureau of Standards Criteria.

Section 1507. Exceptions 

(Approved by EPA 07/15/93 (58 FR 38060) at 

52.970(c)(59) effective 09/13/93.) 

 A. Start-up Provisions 

 1. A four-hour (continuous) start-up exemption 

from the emission limitations of LAC 33:III.1503.A may 

be authorized by the administrative authority for plants not 

subject to LAC 33:III.3232 and 3233 which have been shut 

down. 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 emission shall be 

submitted to the administrative authority within seven 

calendar days of the occurrence. 

 2. This provision is applicable to infrequent startups only. Before the exemption can be granted the 

administrative authority must determine the excess 

emissions were not the result of failure to maintain or 

repair equipment. In addition the duration of excess 

emission must be minimized and no ambient air quality 

standard may be jeopardized. 

 B. On-Line Operating Adjustments 

 1. A four-hour (continuous) exemption from 

emission limitations of LAC 33:III.1503.A may be 

extended by the administrative authority to plants not 

subject to LAC 33:III.3232 and 3233 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 emission shall be submitted to the administrative 

authority within seven calendar days of the occurrence. 

 2. This provision is applicable to infrequent on-line 

adjustments only. Before the exemption can be granted the 

administrative authority must determine the excess 

emissions were not the result of failure to maintain or 

repair equipment. In addition, the duration of excess 

emissions must be minimized and no ambient air quality 

standard may be jeopardized. 

 C. Bubble Concept. The administrative authority may 

exempt a source from the emission limitations of LAC 

§1507. Exceptions 

A. Start-up Provisions 

1. A four-hour (continuous) start-up exemption from 

the emission limitations of LAC 33:III.1503.A may be 

authorized by the administrative authority for plants not 

subject to 40 CFR 60.82 and 60.83, as incorporated by 

reference in LAC 33:III.Chapter 30, that have been shut 

down. 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 emission shall be 

submitted to the administrative authority within seven 

calendar days of the occurrence. 

[See Prior Text in A.2-B] 

1. A four-hour (continuous) exemption from emission 

limitations of LAC 33:III.1503.A may be extended by 

the administrative authority to plants not subject to 40 

CFR 60.82 and 60.83, 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 emission shall be submitted to the 

administrative authority within seven calendar days of 

the occurrence. 

* * * 

[See Prior Text in B.2-C] 

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 

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).

See AQ161 of 1997, and AQ171 of 1998.
96

96

EPA-Approved Section LDEQ-Adopted Section 

33:III.1503 if the owner or operator demonstrates that a 

"bubble concept" will be applied as defined in LAC 

33:III.111. 

Section 1509. Reduced Sulfur Compounds (New and 

existing sources) 

(Approved by EPA 07/15/93 (58 FR 38060) at 

52.970(c)(59) effective 09/13/93.) 

 All refinery process gas streams or any other process 

gas stream that contains sulfur compounds measured as 

hydrogen sulfide shall be controlled by flaring or 

combustion. Units emitting less than 10 tons per year as 

hydrogen sulfide may be exempted from this Section by 

the administrative authority unless a more stringent 

Federal NSPS limitation is applicable. 

§1509. Reduced Sulfur Compounds (New and 

Existing 

Sources) 

All refinery process gas streams or any other process 

gas stream that contains sulfur compounds measured as 

hydrogen sulfide shall be controlled by flaring or 

combustion. Units emitting less than 10 tons per year as 

hydrogen sulfide, or a concentration less than 400 ppm 

hydrogen sulfide, may be exempted from §1509 by the 

administrative authority unless a more stringent federal 

or state requirement is applicable. 

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 

Department of Environmental Quality, Office of Air 

Quality and Radiation Protection, Air Quality Division, 

LR 18:375 (April 1992), 

LR 24:2241 (December 1998). 

See AQ180 of 1998. 

Section 1509. Reduced Sulfur Compounds (New and 

existing sources) 

(Approved by EPA 07/15/93 (58 FR 38060) at 

52.970(c)(59) effective 09/13/93.) 

 All refinery process gas streams or any other process 

gas stream that contains sulfur compounds measured as 

hydrogen sulfide shall be controlled by flaring or 

combustion. Units emitting less than 10 tons per year as 

hydrogen sulfide may be exempted from this Section by 

the administrative authority unless a more stringent 

Federal NSPS limitation is applicable. 

§1509. Reduced Sulfur Compounds (New and 

Existing 

Sources) 

All refinery process gas streams or any other process 

gas stream that contains sulfur compounds measured as 

hydrogen sulfide shall be controlled by flaring or 

combustion. Units emitting less than 10 tons per year as 

hydrogen sulfide, or a concentration less than 400 ppmv 

hydrogen sulfide, may be exempted from this Section by 

the administrative authority unless a more stringent 

federal or state requirement is applicable. 

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 18:375 (April 1992), LR 24:2241 

(December 1998), amended by the Office of 

Environmental Assessment, LR 31:1062 (May 2005). 

See AQ248 of 2005. 

Section 1507. Exceptions 

(Approved by EPA 07/15/93 (58 FR 38060) at 

52.970(c)(59) effective 09/13/93.) 

 A. Start-up Provisions 

 1. A four-hour (continuous) start-up exemption 

from the emission limitations of LAC 33:III.1503.A may 

be authorized by the administrative authority for plants not 

subject to LAC 33:III.3232 and 3233 which have been shut 

down. A report in writing explaining the conditions and 

Chapter 15. Emission Standards for Sulfur Dioxide 

§1507. Exceptions 

A. Start-Up Provisions 

1. A four-hour (continuous) start-up exemption from 

the emission limitations of LAC 33:III.1503.A may be 

authorized by the administrative authority for plants not 

subject to 40 CFR 60.82 and 60.83, as incorporated by 

reference in LAC 33:III.Chapter 30, that have been shut 

down. A report in writing explaining the conditions and 
97

97

EPA-Approved Section LDEQ-Adopted Section 

duration of the start-up and listing the steps necessary to 

remedy, prevent and limit the excess emission shall be 

submitted to the administrative authority within seven 

calendar days of the occurrence. 

 2. This provision is applicable to infrequent startups only. Before the exemption can be granted the 

administrative authority must determine the excess 

emissions were not the result of failure to maintain or 

repair equipment. In addition the duration of excess 

emission must be minimized and no ambient air quality 

standard may be jeopardized. 

 B. On-Line Operating Adjustments 

 1. A four-hour (continuous) exemption from 

emission limitations of LAC 33:III.1503.A may be 

extended by the administrative authority to plants not 

subject to LAC 33:III.3232 and 3233 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 emission shall be submitted to the administrative 

authority within seven calendar days of the occurrence. 

 2. This provision is applicable to infrequent on-line 

adjustments only. Before the exemption can be granted the 

administrative authority must determine the excess 

emissions were not the result of failure to maintain or 

repair equipment. In addition, the duration of excess 

emissions must be minimized and no ambient air quality 

standard may be jeopardized. 

 C. Bubble Concept. The administrative authority may 

exempt a source from the emission limitations of LAC 

33:III.1503 if the owner or operator demonstrates that a 

"bubble concept" will be applied as defined in LAC 

33:III.111. 

 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 in LR 

13:741 (December 1987), amended by the Office of Air 

Quality and Radiation Protection, Air Quality Division, LR 

18:374 (April 1992). 

duration of the start-up and listing the steps necessary to 

remedy, prevent, and limit the excess emission shall be 

submitted to the Office of Environmental Compliance, 

Emergency and Radiological Services Division, Single 

Point of Contact (SPOC), within seven calendar days of 

the occurrence. 

2. ... 

B. On-Line Operating Adjustments 

1. A four-hour (continuous) exemption from emission 

limitations of LAC 33:III.1503.A may be extended by 

the administrative authority to plants not subject to 40 

CFR 60.82 and 60.83, 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 emission shall be submitted to the Office of 

Environmental Compliance, Emergency and 

Radiological Services Division, SPOC, within seven 

calendar days of the occurrence. 

B.2. - C. ... 

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 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), 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 31:2439 (October 

2005). 

See OS 065 of 2005 
98

98

Appendix B 

CERTIFIED MAIL (############) 

RETURN RECEIPT REQUESTED 

RESPONDENT’S NAME 

c/o Name of Agent of Service

Agent of Service

Agent of Service Address

RE: NOTICE OF CORRECTED VIOLATION 

 ENFORCEMENT TRACKING NO. ######## 

 AGENCY INTEREST NO. ########

Dear Sir:

 On or about Date, an inspection of FACILITY NAME, owned and/or operated 

by RESPONDENT’S NAME (RESPONDENT), was performed to determine the 

degree of compliance with the Louisiana Environmental Quality Act (the Act) and the 

Media Regulations. The facility is located at Physical Location Address in City, Parish 

Name Parish, Louisiana. 

 While the Louisiana Department of Environmental Quality’s (the Department) 

investigation is not yet complete, the following violation(s) was/were noted during the 

course of the inspection: 

 Insert facts about inspections and violations. Include: 

A. Correct citation to statute and/or regulation; 

B. Brief description of violation using a separate paragraph for each 

violation; 

C. If more than one violation, use capital letters for the alphabet starting 

with “A” for each violation. 

 You are hereby notified that the violation(s) described herein could subject you to 

enforcement procedures under Sections 30:2025, 30:2050.2, and 30:2050.3 of the 

Environmental Quality Act. 

 For each violation described herein, the Department reserves the right to seek 

civil penalties and the right to seek compliance with its rules and regulations in any 
99

99

manner allowed by law, and nothing herein shall be construed to preclude the right to 

seek such penalties and compliance. 

 However, based on information available to the Department at this time, the 

violation(s) has/have been addressed and no further action directing compliance is 

contemplated for the violation(s) described herein. 

 To reduce document handling time, please refer to the Enforcement Tracking 

Number and Agency Interest Number on the front of this document on all 

correspondence in response to this action. 

 Sincerely, 

 Lourdes Iturralde 

 Administrator

 Enforcement Division

 

LI// 

Alt ID No. ####### 

c: Respondent’s Name & Address

NOCV-LTR: Revised 05/21/08 
100

100

Appendix C 

Louisiana Revised Statutes 

Submitted April 30, 1997 

The revised statutes as they appear in the following table would replace those 

currently approved into the SIP. We propose approval of this substitution. The 

Cumulative Annual Pocket Parts appear to be the cumulative revisions as of a certain date 

to certain sections of the Titles previously enacted. They contain revisions to existing 

sections and additional new sections in some cases. Where the titles of the sections have 

changed, or are new, they are specified with the new title. Where there is no title listed, a 

revision has taken place, but there has not been a change in the title of that section. 
101

101

Titles Submitted to Replace Title 40 

LA. R.S. of 1985. Title 36, Chapter 5-A. Department of Environmental Quality 

36:231 Department of Environmental Quality; creation; domicile; composition; 

purposes and functions. 

36:232 Officers of the department; compensation for one office only. 

36:233 Secretary of environmental quality 

36:234 Powers and duties of secretary of environmental quality 

36:235 Deputy Secretary 

36:236 Undersecretary; functions; office of management and finance 

36:237 Assistant secretaries. 

36:238 Offices; purposes and functions. 

36:239 Transfer of agencies and functions the Department of Environmental Quality 

LA. R.S. of 1985. Title 36, Chapter 24. Implementation of Reorganization 

Part I. Departments Not Previously Implemented 

36:951 Orderly transfer 

36:952 Transferred or abolished agencies; information to be furnished; cooperation. 

36:953 Transition plan for reorganization. 

36:954 Transfer dates. 

36:955 Effective date; budget and appropriations. 

Part II. Continued Implementation of Reorganization and Consolidation 

36:956 Statement of Purpose. 

36:957 Effective date of certain transfers and abolitions; continued merger and 

consolidation with departments. 

36:958 Studies by committee, reports by committee, commissioner of administration, 

recommendations. 

Part III. Information To Legislature 

36:959 Information to be furnished to legislature. 

Part IV. Implementation of Reorganization after Adjounment of 1978 Regular 

Session 

36:959.1 Successor Joint Legislative Committee on Reorganization of the Executive 

Branch. 

36:959.2 Continued implementation of reorganization. 

LA. R.S. of 1985. Title 36, Chapter 25. Distribution of Powers. 

39:960. Membership in certain departments and agencies prohibited. 

LA. R.S. of 1997. Volume 21. Cumulative Annual Pocket Part. Title 36. 

Chapter 5-A. Department of Environmental Quality 

36:231 

36:234 

36:238 

36:239 

Chapter 24. Implementation of Reorganization 

Part II. Continued Implementation of Reorganization and Consolidation

36:957 

Part IV. Implementation of Reorganization After Adjounment of 1978 Regular 

Session [Repealed] 
102

102

36:959.1, 959.2 Repealed by Act 1995, No. 1262, § 1.

LA. R.S. of 1987. Title 49. Chapter 13. Administrative Procedure

49:950 Title and form of citation. 

49:951 Definition. 

49:952 Public information; adoption of rules; availability of rules and orders. 

49:953 Procedures for adoption of rules. 

49:954 Filing; taking effect of rules. 

49:954.1 Louisiana Administrative Code and Louisiana Register; publication; 

distribution; copies; index; interagency rules. 

49:955 Adjudication; notice; hearing; records. 

49:956 Rules of evidence; official notice; oaths and affirmations; subpoenas; depositions 

and discovery; and confidential privileged information. 

49:957 Examination of evidence by agency. 

49:958 Decisions and orders. 

49:959 Rehearings. 

49:960 Ex parte consultations and recusations. 

49:961 Licenses, 

49:962 Judicial review of declaratory orders and rulings. 

49:963 Judicial review of validity or applicability of rules. 

49:964 Judicial review of adjudication. 

49:965 Appeals. 

49:965.1 Expenses of administrative proceedings; right to recover. 

49:966 Construction and effect; judicial cognizance. 

49:967 Exemptions from provisions of Chapter. 

49:968 Review of agency rules. 

49:969 Legislative veto or rules and regulations. 

49:970 Gubernatorial suspension or veto of rules and regulations. 

LA. R.S. of 1997. Volume 27A. Cumulative Annual Pocket Part. Title 49. 

Chapter 13. Administrative Procedure 

49:951. 

49:952 

49:953 

49:954 

49:954.1 

49:954.2 Unified Oil and Gas Development Regulatory Index; summary 

49:954.3 Environmental Regulatory Code. 

49:956 

49:962.1 Judicial review, rule to show cause for permit applicants. 

49:963 

49:964 

49:967 

49:968 Review of agency rules; fees. 

49:968.1 [Blank] 

49:969 Legislative veto, amendment or suspension of rules, regulations, and fees. 

49:971. Rejection of agency fee adoption, increases, or decreases; prohibition against 

fee increases and new fees; exceptions. 
103

103

Chapter 13-A. Revision of Louisiana’s Administrative Code 

49:981. Continuous revision under supervision of division of administration, office of 

the state register. 

49:982. New regulation; incorporation in Louisiana Register and Louisiana 

Administrative Code; resolution of conflicting rules. 

49:983. Incorporation of current rules and regulations procedure. 

49:984. Alphabetical or numerical sequence of laws. 

49:985. Submitting copy to the proper party. 

49:986. Filing of copy with commissioner of administration; certificate of correctness; 

printing. 

49:987. Printing and publication of Louisiana Register; proof of certified edition. 

Chapter 13-B. Division of Administrative Law 

49:991. Creation of division of administrative law. 

49:992. Applicability; exemptions. 

49:993. Definitions; rules. 

49:994. Administrative law judges. 

49:995. Director. 

49:996. Duties of the director. 

49:997 Program of judicial evaluation. 

49:998 Prehearing conference. 

49:999 Disqualification and withdrawal of administrative law judge. 

LA. R.S. of 1989. Title 30, Subtitle II. Environmental Quality, Chapter 1. General

30:2001. Short title 

30:2002. Findings and declaration of policy 

30:2003. Purpose. 

30:2004. Definitions. 

30:2005. Governor’s Resource Development and Environmental Quality Council; 

creation’ membership; functions. 

LA. R.S. of 1989. Title 30, Subtitle II. Environmental Quality, Chapter 2. 

Department of Environmental Quality 

30:2011 Department of Environmental Quality created; duties; powers; structure. 

30:2012 Enforcement inspections. 

30:2013 Environmental Control Commission authority; transfer to secretary. 

30:2014. Permits, licenses, registrations, variances, and monitoring fees, and research 

and development fees. 

30: 2015. Environmental Programs Trust Fund. 

30:2016. Alternative Technologies Research and Development Trust Fund. 

30:2017. Environmental Enforcement Funds. 

30:2018. Administration law judges; appointment, qualifications, powers and duties. 

30:2019. Promulgation of rules and regulations. 

30:2020. Implementation plans, rules, regulations, and orders unaffected. 

30:2021. Interstate compacts on environmental control; environmental impact 

statements. 

30:2022. Permit applications and variance requests; notification. 

30:2023. Existing permits, registrations, variances, and licenses. 

30:2024. Finality of action’ appeals. 
104

104

30:2025. Enforcement. 

30:2026. Citizen suits. 

30:2027. Environmental violations reported by employees; reprisals prohibited. 

30:2028. Environmental training programs. 

30:2029. Complainants bond; liability. 

30:2030. Confidential information. 

30:2031. Donations or assistance for pollution sources. 

30:2032. Cooperative agreements. 

30:2033. Declaration of emergency. 

30:2034. Environmental Emergency Response Fund. 

30:2035. Environmental Emergency Response Training Program. 

30:2036. Easements, rights of way, eminent domain. 

30:2037. Office of legal affairs and enforcement; powers and duties. 

LA. R.S. of 1989. Title 30, Subtitle II. Environmental Quality, Chapter 3. Louisiana 

Air Control Law 

30:2051. Citation. 

30:2052. Policy; purpose. 

30:2053. Definitions. 

30:2054. Office of air quality and nuclear energy; secretary of environmental quality; 

powers and duties. 

30:2055. Permits; licenses. 

30:2056.Variances. 

30:2057. Prohibitions. 

30:2058. Air quality regions; redesignation. 

30:2059. Hazardous air pollutant emission control program. 

LA. R.S. of 1997. Volume 17B. Cumulative Annual Pocket Part. Title 30. 

Chapter 1. General 

30:2001 

30:2004 

30:2005. Environmental and Natural Resources Council. 

Chapter 2. Department of Environmental Quality 

30:2011. 

30:2011.1. Toxics release inventory; annual report. 

30:2011.1 to 2011.9 [Blank] 

30:2012. 

30:2014. 

30:2014.1. Permit review; prohibitions. 

30:2015. 

30:2016. 

30:2017. 

30:2018. Repealed. 

30:2019. 

30:2019.1. Promulgation of rules and regulations affecting agriculture. 

30:2022. 

30:2022.1. Permits; application listing. 

30:2023. 
105

105

30:2024. 

30:2025. 

30:2026. 

30:2027. 

30:2030. 

30:2031. 

30:2033. 

30:2034. 

30:2035. 

30:2050.1 Enforcement; policies; list; legal review. 

30:2052.2 Enforcement; compliance orders. 

30:2050.3 Enforcement; notice of violation; penalties. 

30:2050.4 Enforcement; adjudicatory hearing; public comment. 

30:2050.5 Enforcement; final action. 

30:2050.6 Enforcement; informal procedures. 

30:2050.7 Enforcement; settlement or compromise. 

30:2050.8 Enforcement; emergency cease and desist orders 

30:2050.9 Enforcement; abandonment. 

30:2050.10 Enforcement; Declaratory rulings 

30:2050.11 Adjudicatory hearings, in general; intervention’ withdrawal; public hearing. 

30:2050.12 Public hearing; location’ public comment; transcript. 

30:2050.13 Hearing officers; employment. 

30:2050.14 Hearing officers; qualification; ethics standards. 

30:2050.15 Hearing officers; powers; contemptuous conduct. 

30:2050.16 Hearing officers; orders, recommendations, decisions. 

30:2050.17 Hearing officers; administrative review by secretary. 

30:2050.18 Hearing officers; interlocutory order or ruling; judicial review. 

30:2050.19 Order or decision of the secretary. 

30:2050.20 Record of adjudication. 

30:2050.21 Judicial review; appeal. 

30:2050.22 Judicial review; appeal; stays. 

30:2050.23 Notice. 

30:2050.24 Subpoenas and witnesses; fees; expenses; notice. 

30:2050.25 Powers of the secretary. 

30:2050.26 Duties of assistant secretary. 

30:2050.27 Computation of time. 

30:2050.28 Applicability of the Administrative Procedures Act. 

30:2050.29 Mandamus. 

30:2050.30 Bond; exception. 

30:2050.31 Appeals; district court decisions. 

Chapter 3. Louisiana Air Control Law 

30:2053. 

30:2054. 

30:2056. 

30:2058. 

30:2059. 
106

106

30:2060. Toxic air pollutant emission control program. 

30:2061.Small Business Stationary Source Technical and Environmental Compliance 

Assistance Program. 

30:2062. Louisiana Small Business Compliance Advisory Panel. 

30:2063. Prevention of accidental releases. 

30:2064. Louisiana Automobile Retirement Act. 

LA. R.S. of 1990. Title 42, Chapter 15. Code of Governmental Ethics.

Part I. General Provisions 

42:1101. Declaration of policy. 

42:1102. Definitions 

LA. R.S. of 1990. Title 42, Chapter 15. Code of Governmental Ethics.

Part II. Ethical Standards for Public Servants 

42:1111. Payment from nonpublic sources. 

42:1112. Participation in certain transactions involving the governmental entity. 

42:1113. Prohibited contractual arrangements. 

42:1114.Financial disclosure. 

42:1114.1 Blank. 

42:1115 Gifts. 

42:1116 Abuse of office. 

42:1117 Illegal payments. 

42:1118. Influencing action by legislature or governing authority. 

42:1119. Nepotism. 

42:1120. Recusal from voting. 

42:1120.1. Recusal from voting; Board of Commissioners of the Port of New Orleans. 

42:1120.2. Recusal from voting; Housing Authority Members. 

42:1121. Assistance to certain persons after termination of public service. 

42:1122. Continuation in certain pension and other plans by public servants. 

42:1123 Exceptions. 

42:1124. Financial disclosure for the governor. 

LA. R.S. of 1990. Title 42, Chapter 15. Code of Governmental Ethics.

Part III. Administration, Procedure and Enforcement 

Subpart A. Administration 

42:1131. Commission on Ethics for Public Emplouees. 

42:1132. Board of Ethics for Elected Officials. 

42:1133. Ethics body; quorum, recusal, compensation, officers. 

42:1134. Powers, duties, and responsibilities of ethics bodies. 

42:1135. Enforcement of regulation, decision, or order of an ethics body. 

Subpart B. Procedure 

42:1141. Procedure. 

42:1142. Appeals. 

42:1143. Procedure and rules of evidence. 

42:1144 to 1148. Blank 

Subpart C. Enforcement and Penalties 

42:1151. Administrative enforcement. 

42:1152. Rescission of action of a governmental entity. 

42:1153. Penalties. 
107

107

42:1154. Civil penalties for illegal payments. 

42:1155. Civil action for damages. 

42:1156. Finding of possible criminal violation. 

LA. R.S. of 1990. Title 42, Chapter 15. Code of Governmental Ethics.

Part IV. Miscellaneous Provisions 

42:1161. Preventive measures by agency heads. 

42:1162. Copy of ethics code to be furnished by the secretary of state. 

42:1163. Prescription. 

42:1164. Criminal laws not affected. 

42:1165. Authority of school boards to administer tenure laws not affected. 

42:1166. Violation of code by tenured public employee of a sate public higher education 

institution. 

42:1167. Judges. 

42:1168. Perjury; malfeasance in office. 

42:1169. Freedom from reprisal for disclosure of improper acts. 

LA. R.S. of 1997. Volume 23A. Cumulative Annual Pocket Part. Title 42. Chapter 

15. Code of Governmental Ethics 

Part I. General Provisions 

42:1102. 

Part II. Ethical Standards for Public Servants 

42:1111. 

42:1113. 

42:1114. 

42:1118.1. Studies or position papers on public policy. 

42:1119. 

42:1121. 

42:1123. 

42:1124. 

Part III. Administration, Procedure and Enforcement 

Subpart A. Administration. 

42:1131. Repealed. 

42:1132. 

42:1133. 

42:1134. 

42:1135. 

Subpart B. Procedure. 

42:1141. 

42:1142. 

42:1143. 

Subpart C. Enforcement and Penalties 

42:1151. 

42:1152. 

42:1153. 

42:1154. 

42:1155. 

42:1156. 
108

108

42:1157. 

42:1157.1. Timely filing of reports and statements due; resumption. 

42:1157.2. Waiver of late filing fee; rules; good cause. 

Subpart D. Computer Data Management System 

42:1158. Board of Ethics, Computerized Data Management System; purpose; goals. 

LA. R.S. of 1990. Title 42, Chapter 15. Code of Governmental Ethics.

Part IV. Miscellaneous Provisions 

42:1161. 

42:1165. 

42:1166. 

42:1168. 

42:1169. 

42:1170. Ethics Education. 

LA. R.S. of 1990. Title 42, Chapter 15. Code of Governmental Ethics.

Part V. Legislative Lobbying [Repealed] 

42:1191 to 1202, Repealed. 

LA. R.S. of 1982. Title 44, Chapter 1. Public Records—Recorders 

Part I. Scope 

44:1. General definitions. 

LA. R.S. of 1982. Title 44, Chapter 1. Public Records—Recorders 

Part II. General Provisions 

44:31 Right to examine records. 

44:32 Duty to permit examination’ prevention of alteration; payment for overtime; 

copies provided; fees. 

44:33 Availability of records. 

44:34 Absence of records. 

44:35 Enforcement. 

44:36 Preservation of records. 

44:37 Penalties for violation by custodians of records. 

LA. R.S. of 1997. Volume 23A. Cumulative Annual Pocket Part. Title 44. Chapter 

1. Public Records and Recorders 

Part I. Scope 

44:1. 

Part II. General Provisons 

44:31.1 Exceptions; authority of the custodian. 

44:32 

44:33 

44:35 

44:36 

44:39 Microfilm and electronic digitized records; use as evidence.