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 design ee submitted Rule revisions made to the Louisiana Administrative Code (LAC) for th e years 1996-2006 and requ ested approval of these revisions into the Louisiana State Impl ementation 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 revisi ons in all these chapters except Chapters 2, 5, and 6. Revisions to rules in chapters 2 and 5 are being reviewed and may be acted2

2 upon by the Air Permits Section. Chapter 6 re visions were superceded and approved in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 ar e set, individual states have the responsibility to achieve, maintain, and en force 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 procedur es can differ depending on the nonattainment

classification of the nonattainment area. Revi sions are made to the SIP from time to time to guide the nonattainment area in reach ing attainment of the NAAQS, and then maintaining the NAAQS. When EPA approves rule s and rule revisions into the SIP, the rules become federally enforceable.

The EPA approved the original Louisi ana SIP on March 31, 1972 (37 FR 10869). Since then, revisions were peri odically made to the Louisian a SIP. SIP revisions consist of rules adopted by the Louisiana Departme nt 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 a nd adoption of the Air Quality rules and regulations are made in accordance with L ouisiana R.S. 30:2019 and are published in the Louisiana Administrative Code (LAC). Th e 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 ev idence 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, th e EPA examines the proposed revisions for approvability. If the revisions are approva ble, a rule granting approval is published in

the Federal Register

.

We reviewed and are updating the Gene ral SIP for the State of Louisiana by approving certain revisions that were adopt ed 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 regul ations, conform to federally approved regulations, statutes, and EPA guidance.3

3 Evaluation of the submittal

A. Criteria Used in Evaluation

The revisions addressed in this tec hnical 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 doc ument gives an in depth discussion of the proposed revisions. The discussion focu ses on the reasoning behind the revision, its effects, and its approvability. The Technical Review Section is orga nized by chapters and sections within those chapters in the LAC th at are affected by the revision. Within each section the revisions, by subsection and pa ragraph, are examined chronologically by submittal date, with the earliest being first. The State’s rulemaking action is identified by

the office that initiated th e rule and a corresponding num ber (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 th e 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 move d 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-re ference 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 Info rmation. Any information relating to proprietary processes or method of ma nufacture 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, testim ony regarding such process or method of manufacture or pro duction shall not be made a part of the transcript of said hearing. Emission data shall not be consider ed confidential for the purpose of this regulation. Provisions for confid ential information may be found in LAC 33:I.Chapter 5.

The purpose of this change was to promot e clarity and consistency in the state’s processing of confidential information by c onsolidating 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 State4

4 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 revi sions 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 a nd of such characteristics, properties, and duration as to appreciably injure human life beyond inconveni ence or in quantities and concentrations and of such characteristics, properties, and dur ation as to materially injure or interfere

with the reasonable use of anim al 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 condition s which exist for a pa rticular situation.”

The revision deletes this definition from this chapte r 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 Louisian a Air Control Law. In its Response to Comments regarding this adopti on, the State provided a copy of the court ruling and stated the air quali ty standards listed in Chap ter 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 re vision 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, ap pendix A, as incorpor ated by reference at

LAC 33:III.3003. These changes are administrative, incor porate by reference the applicable federal regulations, and are approvable.5

5 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 re ference 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 a nd classification purpos es. Therefore, we recommend approval of this revision.

SIP Rule: Ozone Exceedance - A daily maximum hourly averag e 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 da ta relating to undesirable le vels 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 empl oying the phrase “undesirable levels.” State v. Union Tank Car Company , 439 So.2d 377 (La. 1983) held th at the phrase “undesirable levels” was unconstitutionally va gue 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 substa ntive effect on other previously approved

rules. We therefore recomme nd approval of this revision.

2006, AQ253. 9/20/2006.

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

A. PM 10 , PM 2.5 , 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 esta blished since we acte d on the previously approved rule. The addition of PM 2.5 therefor e updates this previous ly approved rule as of the change. The added language concerning Section 711.C is a nonsubstantive regulatory wording change that merely cl arifies the previously approved rule by6

6 providing the complete citation to Table 2. We therefore recommend approval of this

revision.

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

Table 1 furnishes the primary ambient air qua lity standards in effect at the time of AQ253. Table 1a furnishes the secondary ambien t air quality standard s 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 Sect ion 711 that subsequent updates have been made to LAC.III.711. This proposed revision br ings the previously approved rules at least closer to currency, and we therefore reco mmend approval of this proposed revision.

CHAPTER 9. General Regulation on Co ntrol of Emissions and Emissions

Standards

1996, AQ 121. 9/20/95

Section 907. Emissions Resulting in Unde sirable Levels not Allowed.

Section 907 has been re pealed 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 sec tion 907 into the Louisian a 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 Emissi ons and Emissions Standards § 918 Record Keeping and Annual Reporting and § 919 Emi ssions Inventory. Although Louisiana’s 2003 submittal clarifies and updates the requirem ents for emissions inventory EPA must act on the previous submittals as base ru les for the emissions inventory program.

1996, AQ 136. 5/20/1996.

918. Approved rule states that reports must be made to th e department annually. In 1996 the rule was revised to say “data for emissi on reports should be captured annually”, and

the sentence “data should confirm the facili ty remained in compliance for the year or achieved the prescribed milestones to ultim ately 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 exce edance or discrepancies. Omitting this does not change the SIP. Further, the revision gi ves a date at which each facility should submit their emission inventory, instead of just saying “annually”, the revision says: “ by March7

7 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. Th e re-wording does not change the content of the rule, therefore, approving the new rule is recommended. The onl y 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 divi sions because they were reorganized. These are admini strative changes and are approvable.

Section 919 . Emission Inventory.

Section 919 contains requirements for annual em issions inventories. It has been changed several times but maintains the appropriate re quirements. It calls for inventories of

facilities in 8-hour nonattain ment areas and adjacent ar eas. 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 re visions 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 nonattainme nt 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 em issions from all criter ia pollutants to be reported if there is an exeedance of the NAAQ S limit for one pollutant. This substantive change enhances the SIP.

1996, AQ 136. 5/20/1996.

919.A.1. Facilities emission thresholds are sp ecified for the criteria pollutant. The revision adds the phrase “emits or has a potential to emit” rather than “facility that has the8

8 potential to emit”. This clarif ies the conditions and is consis tent 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 cl arifies 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 nonatt ainment parish and replaced it with language identifying areas that qualify for this re quirement. 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 furt her defines reporting requirements for major stationary sources and facil ities with Title V permits as well. These revisions do not change the rule; instead, they give a cl ear 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 th e 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 th e 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 vola tile organic compounds (VOC)] for which a National Ambient Air Quality Standard (NAAQS) has been issu ed 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 de signated 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.9

9 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 polluta nts in Section 112(a)(1) of the Federal Clean Air Act (FCAA).

3. In Louisiana, the following f acility 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,10

10 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 ar e 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 acco rdance 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 fo llowing 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 Nationa l 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 (SO 2 ), 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 requ ired 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, SO 2 , PMl0, or PM2.5 ; or

b. 5TPY of Pb. 4. Any facility in Louisiana defined as a major sta tionary 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 referen ces to the LDEQ’s divisions because they were reorganized. These are administ rative 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 mu st report from being “located in the 1-hour ozone nonattainment parish” to “lo cated in the 8-hour ozone nonattainment parish”, and it lists the parish es in A.1. In A.2., it lists the adjoining parishes. In A.6. it states that no facility classes or catego ries 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 comp liance with the Clean Air Act’s Emission Statement found under CAA § 172(c)(3) and 182( a)(i) which require the reporting and11

11 certification annually of emi ssions 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 allowa ble emissions level as identified in the permit Maximum Allowable Emissions Rate Ta ble 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 supers eded 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 Li st 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 remain ing part of section 919. Some of the more prominent revisions are highlighted in orde r 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 co nfusion on its interpretation.

1996, AQ 74. 11/20/1993.

919.B.2.b. Adds “for the purpose of determinin g 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 pur pose of determining significant change.” This revision is superseded by revisions in AQ 220 where th e 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 monthl y from the Division of Legal Affairs and

Enforcement.”... from the second sentence. Modifies how the “typical weekday” emissions are calculated, and provides gui dance for completing and submitting the emissions inventory. This is supe rseded by revisions in AQ 220 below.

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

919.B.3. The revision to §919 B.3 clearly identifi es the actual and pot ential 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 de finition for “typical w eekday emissions”. This definition demonstrates how the “typical weekday” emissions are calculated, and provides guidance for completing and submitting the emissions inventory.12

12 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 supersed es the revision presented here.

1996, AQ 74. 11/20/1993.

919.B.5 . Adds “of this section” to the second se ntence. 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 potenti al confusion on its interpretation.

2003, AQ 220 12/20/2003 919.B.5.f.-g. Louisiana revises the emission informa tion 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 para meters; it defines the required stack
parameters.

2003, AQ220 (12/20/2003)

919 C. Calculations. The state added “a pproved 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 Fe deral 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 th e “desired method”. This revision is more stringent because it requires facilities to us e 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 e ngineering journals, or EP A / 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. A fter data processing and inventory update, the depa rtment 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 Evalu ation Division, within 60 days from the date of receipt of the data from the department

.

E D . 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 th e department from the previous calendar year no later than March 31 of each year unless13

13 otherwise directed. The annual emissions inventory shall be submitted to the department no later than March 31 for the previous calenda r 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 emissi on inventory will be used to asses the criteria pollutant fee.

These revisions in AQ 220 do not change the ru le; instead, they give a clear explanation of the emissions reporting requirements re quired by federal requirement. EPA is recommending approval.

Section 927. Notification Required (U nauthorized 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 (E mergency Occurrences) was approved by EPA on 03/08/89 (54 FR 09795), codifi ed at 52.970(c)(49), and became federally-effective on 05/ 08/89. LDEQ adopted revisions to section 927 Notification Required (Unauthorized Di scharges) in Augus t 1993. Section 927 requires that owners or operators of faci lities experiencing unauthorized discharge of any air pollutant into the atmosphere to comply with the written reporting requirements of LAC 33:I.C hapter 39, Notification Re gulations and Procedures for Unauthorized Discharges, sectio n 3925 Written Notification Procedures pursuant to LAC 33:I.3925. Section 3925 was la st 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, Notifica tion 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 “undesi rable 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 Sha ll Not Exceed 20 Percent Opacity.14

14 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 revi sed to reflect curren t EPA opacity reading methods. This is approvable because it bri ngs 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 opaci ty (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 paragr aph B. These are approvable because these are administrative changes only. This re vision supercedes th e 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 “undesi rable levels” from this statement and replaces it with a general statement about th e purpose of the secti on. 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 empl oying the phrase “undesirable levels.” State v. Union Tank Car Company , 439 So.2d 377 (La. 1983) held th at the phrase “undesirable levels” was unconstitutionally va gue 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 opera te with any substantive effect on other previously approved rules. We therefore recommend a pproval of these revisions.15

15 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 th at 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 appe ars in this subsection pertaining to statutory exceptions. 1109.D. Exceptions to Pr ohibition 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 Partic ulate Matter (Including Standards for Some Specific Facilities)

1996, AQ 125. 10/20/1995.

1303.A. Covers all revisions from the SIP appr oved 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 require d for particulate matter generally, and shall not be emitted in such quantities or concentratio ns 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 leve ls” 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 addre ssed separate Louisiana laws employing the phrase “undesirable levels.” State v. Union Tank Car Company , 439 So.2d 377 (La.16

16 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. Accordingl y, 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 SI P 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). Ther e 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 th e 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 recomme nd 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 mu st 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 a pplicable, 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 nonsubstant ive regulatory wording change that clarifies the state department to which federal agencies should submit information pursuant to the rule. The curre nt version of LAC.III .1410 reflects a further change to remove the phrase “Air Quality A ssessment 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.17

17 CHAPTER 15. Emission Sta ndards for Sulfur Dioxide This technical support document (TSD) concerns our evaluation of Louisiana Administrative Code (LAC) Title 33 Envir onmental 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 Sta ndards 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 remove s references to repe aled 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 chapte r 30’s incorporati on 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 Fe deral 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 al so was subject to change. In Section 1503, references to LAC 33: III. 3232 were change d as noted. This revision maintains the delegation of authority from EPA to implem ent National Standards of Performance for New Stationary Sources (NSPS). This re vision appeared in the Volume 23, No. 12, December 20, 1997 pages 1676-1678 of the Louisian a 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. Chap ter 30 to those regulations published in 40 CFR Part 60 in July 1997. This revision clarif ies 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 Gene ral SIP was altered. The only adjustments18

18 made by AQ 171 to Section 1503 are changes of reference citations. This revision updates the CFR reference and clarifies the depa rtment’s authority related to 40 CFR part 60 and proper reporting proce dures. These updates from this revision, the revisions in AQ 171, are administrative in natu re, should facilitate enfo rcement 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 appr oved 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 Exis ting Sources). This rule revision will allow units emitting reduced sulfur compounds with concentration less than 400 ppm hydrogen sulfide to be exempt from the requ irements 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 th e cost is not justified. State reports that this rule revision meets the exception s 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 th e adopted revision reve als 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 re quested that EPA not act on this provision in a letter dated January 25, 2011 in which th ey 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 Exis ting 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 cr iteria pollutant, thus th is 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 re pealed 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 referen ce the applicable federa l regulations and is approvable.19

19 Appendix A is presented for your referen ce 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 appr oved SIP. The fee rules were part of the I/M rules. Since the program for which th ese 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 vehi cle 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 referen ce 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. Thes e rules are repealed. EPA approved a

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

these sections. Sta tionary source VOC emission reductions from storage tanks were the substitute. (64 FR 38577, July 19, 1999; LA C33:III.2103) Recommend approval of the repeal.

CHAPTER 21

Section 2103. Storage of Volatile Organic Compounds

In 1996, EPA approved Louisiana’s VOC storag e regulation as meeting the Reasonably Available Control Technology (RACT) require ments (October 22, 1996 Federal Register, 61 FR 54737). The revisions to the VOC st orage regulation recommended for approval still meet the RACT requirements.

We recommend approval of revisions to 2103 subs ections 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 subs ections A, B, C, D, G, H and I submitted on or before Ja nuary 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.20

20 In a letter dated January 25, 2011, the State withdrew the re visions to 2103 subsection E submitted on June 3, 2005 (AQ 219A).

The SIP was revised so that VOC controls fo r 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, Ib erville, Livingston, and West Baton Rouge (see 2103.C, D and G). Previously the requi rements 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 Calcas ieu 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 approva ble because they are non-substantive.

1996. AQ 137, 6/20/96

2103.C. Control requirements for internal floa ting tank roofs were added for Calcasieu and Pointe Coupee Parishes. These requirements remain in place for the ozone nonattainment parishes of Ascension, East Ba ton 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 addi ng 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 require ments 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 re quirements for covering openings on tanks with external floating roofs (re quirements 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 im proves the SIP by adding VOC controls to Calcasieu and Pointe Coupee Parishes. These controls will help the area maintain the21

21 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 revise d 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 al so apply in Calcasieu and Pointe Coupee Parishes.

The revision is approvable because it im proves 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 st orage tank that is used for less than two weeks in the calendar year is exempt from the requirements of S ubsection 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. Th e 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 CF R part 60, appendix A, as incorporated by22

22 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.) e xpanded the methods for determining true vapor pressure to incl ude: available data on the Reidvapor pressure; standard reference texts; ASTM Test Method D2879; or another method approved by the administrative authority* (see H.3). (Administrative aut hority* refers to LDEQ and EPA). It is recommended that these revi sions 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 t ype of VOCs stored and the length of time stored for any storage tank exempted under s ubsection G.5, and verbal notification to the

administrator no later than 24 hours after the tank st arts filling.

2004. AQ219A, 8/20/02

2103.I.7. The revision in AQ219A (2103.I.7) adde d record keeping requirements for the owner/operator of the storage facility to incl ude: records of the type of VOC stored and the length of time stored for any storag e 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 ar e 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 recomm end 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 addi tion of 2104, LDEQ is regulating a new type of emissions (flash gas) and is regulating at the appropriate control applicab ility threshold

for ozone nonattainment areas. The state ha s 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)23

23 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 produc e oil and natural, process natural gas, or transmit natural gas, and have the pote ntial to emit flash gas emissions of: • 25 tons/year (tpy) or more in Ascension, East Baton Rouge, Iber ville, Livingston, and West Baton Rouge Parishes (Bat on Rouge ozone nonattainment area) • 50 tpy or more in Calcasieu Parish • 100 tpy or more in any other parish

Facilities covered by the regul ation must control VOC emissi ons 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 emi ssions 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 appr oved 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 Calcasie u 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.24

24 2104.C.4. AQ 236 New section for parishes other than Ascension, Calcasieu, East Baton Rouge, Iberville, Livi ngston, and West Baton Rouge.

2004. AQ 151, 11/20/97

2104.D. AQ 151 New exemption section for facilities covere d under the Federal NESHAP or NSPS regulations and temporar y tanks associated with well testing operations for a period of up to 90 days followi ng 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 fo r 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 ad ministrative 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 Janu ary 25, 2011 in which they withdrew this

revision.

2104.G. AQ 151 New section for monito ring, recordkeeping and reporting Test methods, monitoring, recordkeeping and re porting are need in order to enforce the regulations.

Separate from this one exception, the re gulation provides for sufficient testing, monitoring, recordkeeping and repor ting for evaluating compliance.

Section 2107. Volatile Organ ic 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 CF R 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.25

25 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 re vision 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 secti on 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 th e requirements are non-su bstantive changes.

1998. AQ 149, 1/20/98

2108.A. This revision restates what is already ap proved 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 pa ragraph 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 incor porated 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 revi sed July 1, 1996, and Part 60 standards promulgated by EPA in Federal Register not ices during the period July 2, 1996 through June 30, 1997 and September 15, 1997.26

26 1998. AQ171, 7/20/98

2108.E.2. Simply updates a reference from Chapte r 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 Depa rtment Office designation. Approvable.

2109. Oil/Water—Separation

1997, AQ 145, 12/20/96

2109.C.1.-4. For the test methods, the revision re moves a reference to repealed chapter 60 and replaces it with 40 CFR part 60, appe ndix A, as incorporated by reference at LAC 33:III.3003. These changes are administra tive and incorporate by reference the applicable federal regula tions 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 require s that the plan be kept on site if practical, and must be submitted to LDEQ “upon reque st”. The revision of section A.4 is approvable. There is no a federal requirem ent 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 pla n, and thus a source is still required to provide one.

SIP-approved rule with Proposed Revision (strikeout/redline is revision):27

27 Best practical housekeeping and maintenance practi ces 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 reques ted. 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 corr ect reorganized Department Office designation. Approvable.

Section 2115 Waste Gas Disposal

In summary, Louisiana has made a number of minor revisions to it s 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 RA CT for all major sources of

VOC in ozone nonattainment areas. Louisian a has also made changes necessary to ensure controls on 25 tpy and greater sources du e 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 th e Parishes. It also exempts from the rule facilities subject to control requirements in ot her sections of this ch apter 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 th e 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 s uperseded 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 th e 50 TPY, and 50 TPY in the parishes of Calcasieu and Pointe Coupee, and 100 TPY in other parishes. By making these changes28

28 Louisiana is ensuring that RACT is in pl ace 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 fr om “LAC III.2115.J.1.” This is a nonsubstantive change, therefore a pprovable

1998. AQ149, 2/20/98

2115.B. Shortens the reference to subsection J.1 of this section fr om “LAC III.2115.J.1.” This is a nonsubstantive change, therefore a pprovable.

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 reac tion 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 fr om “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, recycli ng 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 accordan ce with LAC 33:III.2115. J.1 or it achieves a degree of control not practically or safely achieved by other means.29

29 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 wast e 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 direc tly to the atmosphere (like a ve nt gas stream) or indirectly to the atmosphere after dive rsion through other process e quipment. 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 exemp tion applies. It also sets the emission limit of potential to emit (PTE) 50 TPY of VO C 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 appl ies 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 co mply 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 dem onstrated that the waste ga s 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 re moves a reference to repealed chapter 60 and replaces it with 40 CFR part 60, appe ndix A, as incorporated by reference at LAC 33:III.3003. These changes are administra tive and incorporate by reference the applicable federal regula tions 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 affect ed facility while the 2002 revi sion requires compliance with this rule no later than one y ear from promulgation. This change is superseded by the revision in AQ 236 below.

SIP rule: J. Compliance. All facilities a ffected 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 parishes30

30 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 maintaine d. Because this is a mi nor 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 E nvironmental 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 Paragr aph 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 criteri a 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 re pealed chapter 60 and replaces it with 40 CFR part 60, appendix A, as incorpor ated by reference at LAC 33:III.3003.31

31 1999-2001, OS65, 7/20/05

2116.G.1.-2. Updates the reference to the co rrect 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 com pounds exempt from the control requirement

of LAC 33:III 2101 to 2145 the follow ing compounds: hydrochlorofluorocarbons (HCFC) 124, 125, 134a, 143a,152a, cyclic, branche d, or linear, completely fluorinated: alkanes, ethers with no unsaturations, tertia tyamines with no unsat urations, and sulfur containing perfluorocarbons w ith no unsaturations and with sulfur bonds only to carbon

and fluorine. All these com pounds are on the federal list of exempted compounds found in 40 C.F.R. 51.100 (s).

SIP Rule: The following compounds are exempt fr om 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),

trichlorotrifluoroe thane (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 com pounds exempt from the control requirement of LAC 33:III 2101 to 2145 the following compounds: PCBTF, and cyclic, branched, or linear completely methylated siloxanes. A ll 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 omitte d in the former publication. Acetone is on the federal list of exempted com pounds found in 40 C.F.R. 51.100 (s).32

32 1996. AQ141, 8/20/96

2117. Exemptions. Adds perchloroethylene to the list to be consistent with federal requirements. This compound is on the federa l 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 exem pted VOCs by adding three more compounds All these compounds are on the fede ral 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 exem pted VOCs by adding methyl acetate. This Compound is on the federal list of exempt ed compounds found in 40 C.F.R. 51.100 (s).

We recommend approving all th e revisions to section 2117.

Section 2120. Use of Incidental VOC Re ductions 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 re dundant requirement for a permit application since affected sources need to comply w ith the revised permitting requirements of Chapter 5 of the Air Quality ru les. Because section 2120 was never part of the approved SIP, the State withdrew the revisions to sec tion 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 n ecessary to demonstrate reasonable further progress (RFP) in accordance with sectio n 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 incorporat e 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 to33

33 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 th e source, including require ments and deadlines for compliance certification, testing, monitoring, reportin g, 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 ru le.. 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 th e components of interest are those that operate in VOC service 300 hours or more dur ing the calendar year. Those components are then listed. This clarifies vague language that only referenced “equipment”. A leak detection and repair program is not pr actical 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 clarif ies the requirement for repair ing 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.34

34 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 fl ange 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 part s 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 fr om 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 ch anges 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 firs t. If it is emitting below the leak limit, the component need not be repaired. Other ch anges to the regulati on provide consistency and clarity. Approvable.

1997, AQ 145, 12/20/96

2121.B.1 . The revision removes a reference to the Divisions’s Sour ce Test Manual and replaces it with 40 CFR part 60, appendix A, as incorporated by reference at LAC

33:III.3003. It also reformats tw o citations to other subsections of section 2121. This is change is administrative and is approvab le. 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 “instrumenta tion 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 incorpor ated 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 flange35

35 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 “pipe line” 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 re gulations 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. Ther efore, 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 observ ed during the weekly visual inspections, and any other regulated components that appear I' to be leaking. In lieu of monitoring, th e 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 component s that need to be observe d during a weekly visual inspection. Changes “actions specified in LA C 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 ex empts 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 equi pment 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 readi ng of 500 parts per million or greater. (iii) For Phase III, an instrument reading of 500 pa rts per million or greater.36

36 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 conne ctors 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 monitore d to detect leaks by the method speci fied in §63.180(b) of this subpart.

(2) If an instrument reading greater th an or equal to 500 parts per million is measured, a le ak 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 standa rds for Valves and Pumps Subject to

LAC 33:III 2121.C.1.b. and 2.b. It adds "2.b" thus correcting an uninten tional deletion of

"2.b". This revision is ad ministrative 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 resu lts. Even though the number of reporting times has changed to semiannually, the reports have to include quarterly information. Th e 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 limit37

37 along with a demonstration of achieving "good performance level." These reports are due by the last day of January, April, July, and October. Su ch 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 th e correct reorganized Departme nt Office designation. Approvable.

2004. AQ 237, 08/20/04

2121.G. In G. the term “Instrumentation Syst em” is added to the list terms defined.
Comes from the NESHAP subpart H, 40CFR63.160

The revisions clarify requirements for instru mentation systems, designate no detectable emissions valves (NDE), and allow for alte rnate 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) requi rements, 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 connect ors are the predominant type s 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 syst ems are not considered part of in strumentation syst ems and must be monitored individually

Section 2122. Fugitive Emissions Cont rol for Ozone Nonattainment Areas and Specified Parishes

This Rule updates the state fugitive emissi on control regulations to clarify requirements for instrumentation systems, designate " no detectable emissions" (NDE) valves, and allow for alternate monitoring for flange s. The changes make the state regulations more consistent with federal fugitive cont rol regulations, particularly the Maximum Achievable Control Technology (MACT) sta ndards of 40 CFR 63. This Rule adopts the definition of instrumentation system incl uded 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 re gulations in the Stringency Table of the38

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 defi nitions and applicability more consistent with the federal regulations for Leak Detect ion 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 ye ar. 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, op en-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 subj ect to this rule. The approved SIP is

for nonattainment areas classifi ed as moderate, serious, seve re, or extreme. The listed parishes fall under severe for the 1-hour and moderate for the 8-hour therefore39

39 irrespective of any 1-hour or 8-hour classification, these so urces are subject to this requirement. The date for Calcasieu Parish is later because a vi olation 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 pari shes of Ascension, Calcas ieu, East Baton Rouge, Iberville, Livingston, Pointe Coupee, and West Baton Rouge.

2122.A.3. Sets the compliance date for all pari shes 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 fo r 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 requireme nts in 2122.A.2-4 from being subject to the requirements of LAC33:II I.2121. This is appropriate b ecause 2122 is more stringent as facilities subject to the requirements of this secti on 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 un its 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 “Inacces sible Valve/Connector” by removing the

word connector. The definition of “Inacces sible valve” is the same as the approved

definition in the SIP a nd is thus approvable.

SIP:

Inaccessible Valve/Connector -- a va lve/connector that cannot be monitored withou t elevating the monitoring personnel more than tw o 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 CF R 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 “Instrumentati on System” is added. This definition is approvable. Valves which are less than 0.5 inch es in diameter and are associated with instrumentation systems are considered va lves under NSPS Subpart VV. Although valves

of less than 0.5 inches in di ameter associated with instrumentation systems are not regulated as valves under 40 CFR Part 63 S ubpart H, they are considered to be components of instrumentation systems. B ecause 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 diam eter associated with instrume ntation 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 conn ectors 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 incorp orated 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 va lves and lines”, and identifies LAC 33:III.6077 as Method 21. This is supers eded by AQ 237 (2004). AQ 138 is superseded by AQ 145 (1997) above which references 40C FR60, 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 co mpounds exceeding an instrument read ing 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 212 2.C.1.a. in the February 20, 1997 Louisiana Register corrects this subparagraph to l eave out the term “open-ended valves and lines” which was previously removed in the AQ 138 action published 11/20/96, but inco rrectly 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 sect ion is superseded by AQ 237 (2004)

SIP Rule: b. No component in natural gas processing pl ants 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 plan ts shall be allowed to leak volatile organic compounds exceeding an instrument r eading 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 “whe n 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 va lves” 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, process42

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 co mpounds exceeding an instrument read ing 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 valv es, 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 thos e covered by Subsection C.1.d of this Section”, and excludes valves and pumps in h eavy 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 pu mps 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. Th is 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 revi sed July 1, 1996, and Part 60 standards43

43 promulgated by EPA in Federal Register not ices 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 auth ority 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 th e formula’s terms There have been no changes to this section of the SIP and the sa me 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 valv es and lines, and revises the language. This section is approvable because the revise d rule provides more specificity on the types of affected components and the deletion of ope n 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 c ontaining volatile organi c 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 l eaks 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 d ays 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 emi ssions control regulations to clarify requirements for instrumentation syst ems, and allow for alternate monitoring for flanges. These updates make the state’s regulat ions more consistent with federal fugitive control regulations, specifical ly with the MACT standards of 40 CFR 63, subparts F, G, H, and I, SOCMI HON. The inspection requi rements are the same as those in the approved SIP, but the revision adds monito ring requirements for flanges. Under the LDAR requirements, connector monitoring ma y 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 olfact ory inspections of connectors ar e not required unless a leak

is detected.

D.-D.1.c. ...
d. Monitor all flanged connectors in accordance with ei ther Clause D .1.d.i or ii of this Section.45

45 i. Inspect all flanged connectors weekly by visual, audible, an d olfactory means. ii. Monitor flanged connect ors 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 visu al, 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 co mponents that need to be monitored,

and revises “subsection C” to read as “Subsectio n 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 “par agraph 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 detecti on 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 an d 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 ar e 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 readin gs 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 em issions, as indicated by an in strument reading of less than 500 ppm above background, is exempt from the re quirements of Clauses D.l. b.iii and v and D.2.b.ii of

this Section if the valve: i. has no external actuating mechan ism in contact with the process fl uid (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 contro l and do not have the potential for fugitive emissions which are regulated by the standard, they may be considered exempt from the S ubpart 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, appe ndix A, as incorporated by reference at

LAC 33:III.3003. These revisions are ad ministrative 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 mont hs 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 LA C 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, a nd move the “alternate standards for batch process” to #5.

The revisions clarify requirements for instru mentation systems, designate no detectable emissions valves (NDE), and allow for alte rnate 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 ow ner 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.48

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 specifi ed in Subsection E.3.a of this Sectio n 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 wa s 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 us ing 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 retested49

49 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 practi ces specified in Clause E.3.b or Paragraph E.4 of this Sec tion. 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 Subsecti on 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 gr eater 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 batc h process in VOC service may elect to comply with one of the following alternative wo rk 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 pres sure 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 minut es, unless it can be determined in a shorter period of

time that the allowable rate of pressure drop exceeded. The pressu re 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 pr essure 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 re lief 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.50

50 i. The batch product-process equipment train, or sectio n 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 ba tch 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 practi cable, but not later than 30 calendar da ys 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 su bmitting those reports semiannually

SIP:
G. Reporting Requirements. The oper ator 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 complyi ng 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 repair ed 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 samp ling 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 a ffected 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 fo llowing 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 defi ned 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;51

51 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 awaiti ng 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 reor ganized Department Office designation. Approvable.

Other changes provide consistency and clarit y, therefore these revi sions are approvable. These revisions improve the state rule by making it more consistent with the federal Leak Detection and Repair Program (LDAR) requi rements, therefore the revisions are approvable.

Section 2123. Organic Solvents.

These changes are minor and clarify the SI P; 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 coati ngs)” is added in th e Vinyl Coating Line.

1996 AQ 136. 5/20/1996

2123.C.11. This revision clarified 2123 to includ e oilfield tubulars a nd 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 a nd ancillary oilfield equipment.

Of the three comments received for AQ 136, tw o 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 require ments for Louisiana parishes to include those parishes designa ted nonattainment. Those update s are incorporated by this

action.52

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 Offi ce of Environmental Services, Air Permits Division, after the department reorganization to reflect the new organi zational structure. Approvable.

1999-2001 AQ 189. 7/20/1999

2123.D.6. Updates two references to th e 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 fo r Louisiana parishes to include those parishes designated nonattainment. Those updates are incorporat ed 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 procedur e was updated. Regulatory references to Chapter 61 are corrected to those in 40 CF R 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 upda ted. 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 Coati ng, Baked Coating, Extreme High Gloss Coating, Heat Resistant Coating, High Gloss Coating, High Temperature Coating, Marine Coating, Metallic Heat Resistant Coati ng, Repair and Maintenance Thermoplastic53

53 Coating are added or revised. This revision is to provide clarification where language may have resulted in misinter pretation of the Regulation.

2005, BRSAR, AQ 236. 4/20/04

2123.H. Adds this subsection on Timing, requiring th at 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 th e 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, Calcas ieu, 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 secti on 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, appe ndix A, as incorporated by reference at

LAC 33:III.3003. These revisions are ad ministrative and are approvable.

Section 2129. Perchlorethylene Drycleaning

Revisions were made because PERC is no longe r regulated under Chapter 21 in order to make Chapter 21 consistent with the corres ponding 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 react ive; however, PERC is still regulated under Hazardous Air Pollutants. Therefore, we recommend approval.54

54 1996, AQ141. 8/20/1996

2129. Perchloroethylene Dry Cleaning Systems. This Subchapter/S ection is rescinded

and reserved because this ch emical 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, appe ndix A, as incorporated by reference at

LAC 33:III.3003. This revision is administrativ e 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 em issions 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 ar e subject to this rule. This corrects the SIP because all nonattainment parishes in Louisiana initia lly 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 st ayed in place is appropriate. It is approvable.

1997, AQ 145, 12/20/96

2131.E.1. and E.3. For these test methods, the revisi on 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 Sy stems 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 clarificati ons improve the rule and should be approved.55

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 moto r vehicles.” Louisiana did not receive any adverse comments concerning these definitions . These revisions are approvable because the added definitions provide clarit y to the State’s rules.

2003. AQ225. 4/20/2003

2132.A. Definitions. This revision modifies the defi nition 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 befo re March 31, 2001; or equivalent , and recovers vapors during the refueling of motor vehicles.” To be deemed equivale nt the gasoline vapor recovery system must meet EPA requirements . It enhances that de finition by inserting a specific CARB-approval date of March 31, 2001, and expanding the definition to include systems equivalent to CARB-approved system s. 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% r ecovery efficiency requirement. This revision is approvable because the revi sion 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 a nd Livingston, Pointe Coupee, and West Baton Rough Parishes .” This change removes the classification stat us as the guiding crit erion. This revision improves the SIP because the requirement stays in place even if the classification and designations of these parishes changes unde r 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 st age 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 ar ea is classified as Serious Severe, or Extreme for ozone, and th e national fleet is ne aring 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 th e Stage II Vapor Recovery requirement of 182(b)(3) by rule when the Administrator de termines that onboard emissions control systems are in widespread use throughout th e motor vehicle fleet. This revision is approvable because it clarifies the applicability of this S ection and makes other, nonsubstantive changes. Louisiana received no adverse comments on this revision.56

56 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 with in 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; Fac ilities 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 oth er facilities must comply within two year s after promulgation of this regulation;

d. e. Existing facilities previously exempted from, bu t which become subject to, the requirements of this regulation shall comply with the requirements of th is regulation within one year from the date on which the facility becomes subject. The revisions clarify which f acilities are subject and upon wh at 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 encompa ss 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 re published 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 moto r 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 Pr otection Association (NFPA) 30. The vapor recovery equipment utilized shall be certified by the Calif ornia 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 admini strative correction sin ce it is a republication of the same language, but wit hout typographical errors. As it was previously approved, it

reads the same.

1997. AQ 158. 12/20/1997

2132. B.5. The revision rewrites th is 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 Protec tion 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 au thority* 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.57

57 vapor control efficiency. This certif ied 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 Nati onal Fire Protection Association (NFPA) 30. The vapor recovery equipment utilized shall be certified by CA RB 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 us e 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 accordan ce with Subsection D.1.a. of this Section every five years or upon major system modification.” This revision is appr ovable 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 appr oved 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 Environment al Quality
upon request: a. application approval records; b. station operating license; c. system installation and testing results; d. stage II maintenance records. Th ese maintenance records shall include, b ut 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 v apor hose such that the vapor passage is blocked or restricted; iii. torn nozzle boots;58

58 iv. damaged faceplates or facecones;

v. malfunction in the no zzle shutoff mechanism; and vi. inoperative vac uum producing device; e. inspection records; f. compliance records; g. training certification; and h. gasoline throughput records. These shall incl ude, but not be limited to, all monthly gasoline delivery rec eipts 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 follo wing required tests or equivalent for each type of
system: a. vapor balance system: i. a static pressure test (CARB test proced ure TP 201.3) shall be initially conducted and successfully passed after installation of the vapor reco very 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 ev ery 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 successf ully passed, initially, after installa tion of the vapor recovery system and prior to initiating operation of the vapor r ecovery 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 proced ure TP 201.3) shall be initially conducted and successfully passed after installation of the vapor reco very 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 re covery 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 Pro cedure TP-91-2) shall be initially conducted and successfully passed after installation of the vapor reco very 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 En vironmental 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 instr uctions 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 th e 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/op erator 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 sh all 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 the59

59 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 test ing, labeling, and recordkeeping in one section. This revision reorganizes the rule s and gives each of these topics its own subsection or paragraph and a dds an additional paragraph for Inspection. Labeling and Recordkeeping are now addressed in S ubsections 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 pe rform the test and how it should be done for both vapor balance and vacuum assist-type syst ems. 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 adde d clarification improves the SIP.

2003. AQ225. 4/20/2003

2132.D.2. The revision strikes the last phr ase 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 Re fueling 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 th eir standard to meet CARB’s continually changing standard. EPA designated the Marc h 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 inst ructions 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 di spense gasoline with the vapor recovery nozzles utilized at the site;

b. 2. a warning that continued attempts at dispen sing gasoline after the sy stem 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 previous ly 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:60

60 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 th e circumference of the faceplate; e. for nozzles in vacuum assist type systems, a fl exible 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 redu cing 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 stag e II maintenance records in the SIP-approved Subsections D.1.d., D.8, and D.9. Additionall y, 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 improve s 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 aut horized 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, substa ntially retains all items from the SIPapproved paragraph D1. However, the revisi on removes the list of items that the owner or operator should inspect daily for malfuncti ons. This list is now contained in the revised paragraph F. discussed above. The revisions also remove the requirement to61

61 maintain throughput records. No one commen ted on this deletion, but the only facilities that need to keep throughput r ecords are those facilities that must prove that they do not pump enough gas to be subject to Stage II. A ll other facilities had to be in compliance by November 1994. The revision is approvable beca use it only re-organi zes the previouslyapproved provisions and remove s 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 ar e 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 thes e 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 im plementation 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 id entical 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 viola tions” (NOCV) obtained from LDEQ included in Appendix B, it is dete rmined that this notice is no less stringent than a notice of violation. Chapter 8 in LAC 33.I discusses pena lties associated with

violations that can be correct ed. The NOCV records that th e 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 approva ble because the revision is no less stringent than the approved SIP. Under revised pa ragraph b., a complianc e order creates an enforceable order mandating that the facility comply within a proscr ibed amount of time; which is more stringent than a warning that simply warns the facility that continued62

62 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, th e 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 insta lled from the storage tank to the transport vessel and the storage tank is filled with a submerged fill pipe. Ther e 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 dur ing 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 pl ant 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 th is 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 main tained 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 prov isions, 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 fr om the delivery truck to the storage tank. There shall be no leaks in the transfer system which includ es 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 pre vent 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

auto matically when disconnected. B. Exemptions Definitions. As used in this Section, all te rms not defined herein shall have the meaning given to them in the Act or in LAC 33.III.111.63

63 1. Gasoline bulk plants located in an attainment area and whic h 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 thi s 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 unloadi ng 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 ta nk. These lines shall be equipped with fitting that are vapor-tight and that automatically a nd 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 exceed ing 18 inches (450 mi llimeters) of water an d 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 liqui d or vapor leaks during product transfer operations. For purpos es of this Section, detection met hods 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 lo ading, 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 tr ansfer lines shall be discontinued immediately when a leak is observed and shall not be resumed until the observed leak is repaired.64

64 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 provi sions. 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 fr om 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 establishe s a timetable for regular vapor ba lance 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 th e 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 remove s references to repealed chapter 60 and replaces them with 40 CFR part 60, appendi x A, as incorporated by reference at LAC 33:III.3003. In the approved SIP, this item is in 2133.C.2. The revisi on 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 approvabi lity 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 comp ly 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 em issions under LAC 33:III.927. See the

discussion under section 927 for furt her 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 the65

65 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 nonattainme nt areas, but rather just lists the parishes where these rules apply. The revision ensures that the rule s 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 st andard,” which was replaced by the ozone standard. These changes update the SIP and en sure that control measures are not relaxed

in areas that attain the standa rds, 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, appe ndix A, as incorporated by reference at

LAC 33:III.3003. These revisions are ad ministrative 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 th e 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 determin ation of volatile or ganic 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 stri ngent 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 record keeping requirements rather than two. We believe the revisions are thus approvable.

2139.C. This revision exempts such facilities fr om 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. Th is revision eliminates unnecessary record keeping and reporting, and applies the most stringent requirements , therefore it is approvable.66

66 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 LA C 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 determin ed 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 stan dard 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 Cal casieu and Pointe Coup ee Parishes to 50 tpy, ensuring RACT and enhancing the SIP and ma ke administrative revisions necessary to update this section.

1998 AQ 149 .1/20/1998

2143.A. This revision adds defining language to identify which prin ting 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 app licable 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 requ ired 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 refere nce to the list of exempt solvents in section

2117.

1998 AQ 149 .1/20/1998

2143.B. Re-titles this subsection to Applicabil ity Exemption. The parishes deleted from

this section are listed in 2143.A. Defi nes the exemption at less than 50 tpy. These are approvable revisions.67

67 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 su bject to the 50 tons pe r 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 printin g 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 re moves references to repealed chapter 60 and replaces them with 40 CFR part 60, appe ndix 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, appe ndix A, as incorporated by reference at

LAC 33:III.3003. These revisions are ad ministrative 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 co rrectly 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.68

68 Section 2147. Limiting VOC Emission s 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-paris h Baton Rouge ozone nonattainnent area that are subject to the new lower major stationa ry 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 Calcas ieu and Pointe Coupee Parishes remain at 50 tpy. Adds that a facili ty 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 year s 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 neces sary 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 atta ined 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, appe ndix 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.69

69 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 appr oved definition of “process unit”:

B. Definitions. Unless specifically defined in LAC 33:II I.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 (S OCMI) 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 ch ange requirements and conditions for loss of exempt status. 40 CFR 63.113(d) requires a TR E 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 conti nue to do prescribed monitoring. Therefore any device that maintains a TRE of 4.0 or mo re 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 S ubsection D.5 of this Section, the monitoring requirements in Subsection E, or the reporting/record keeping requirements of Subs ection F. 1 of this S ection. 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 Sect ion 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 inco rporated 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 incorpor ating 40 CFR 60 into LAC33:III Chapter 30, it makes corrections to regulatory referenc es. This rule updates LAC 33:III.Chapter 30 to incorporate withou t change 40 CFR Part 60 as revised July 1

, 1996, and Part 6070

70 standards promulgated by EPA in Federal Register notices during the period July 2, 1996 through June 30, 1997, and September 1997. Correc tion 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 becau se 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 incor porating 40 CFR 60 into LAC33:III Chapter 30, it makes corrections to regulatory referenc es. 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 Chap ter 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 incorp orated 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 effectivene ss (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 recalculat ed when a process change is made to be “within two weeks of any cha nge” 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 requi rements and conditions for loss of exempt71

71 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 s eeking 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. Th e 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 recalcu lation and shall conduct a performance test as soon as possible, but no later than 180 days after the r ecalculation of the TRE index according to the methods and procedur es 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 Subs ection 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 (Metho d 18) is used, the following procedures shall be used to calculate parts per million by volume concentration. i. The minimum sampling ti me 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 str eam 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 ca libration 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 concentratio n 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.72

72 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 add ition 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 w eek of the recalculation, notif y the administrative authority* of the process change and the results of the recalculation and shall conduct a perf ormance 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 recalcula tion. 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 requiremen ts of this Section that are appli cable 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 re pealed chapter 60 and replaces them with 40 CFR part 60, appendix A, as inco rporated 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 inco rporated 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 Calcas ieu 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 reasona bly 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 operati on 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, Ib erville, Livingston, and West Baton Rouge. Under Section 182(i) of the 1990 Clean Ai r Act Amendments (CAAA), serious ozone

nonattainment areas reclassified to severe are required to submit State Implementation Plan revisions addressing th e severe area requirements fo r 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 2573

73 tons per year, which is the new lower majo r 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 stationa ry 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 ru le shall be attained within a period of two years after promulgation. A facility that has become subject to this re gulation as a result of a revision of the regulation shall comply with the requi rements 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 gi ve 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 ad ministrative change and is approvable. (The introductory paragraph at E.2. be low was not revised to account for the repeal of chapter 60. This does not affect th e 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 us ed to comply with the

percent reduction efficiency requirement listed in Subsection C of this Section.)

Section 2151. Limiting VOC Emissi ons 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 re vised in 2004 with a substantive change.
A. Applicability and Designation o f Affected Operations. The provisions of this Subchapter apply to the ensuing stationary sources that emit, or have the poten tial 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 shall74

74 be so considered ad infinitum. Th e 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 y ear 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, Livi ngston, 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 Pa rts, 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 mi nor substantive change. The second clarifies

a choice can be made. Th ese 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 fo r the primary unit operation system if it is: a. solely dedicated. The chem ical is reused only for cleanin g 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)-reus e 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 fo r the primary unit operation system if it is: a. solely dedicated. The chemical is reused on ly 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 mate rial balance around the prim ary 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 cl eaning activity such as spraying or wiping. Equipment or the unit opera tion where this might take place incl udes 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 in to 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.75

75 1998. AQ149, 1/20/98

2151.C. Revises the language as follows:

C. Control Requirements. It is not feasible to mandate specif ic 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 clarif ies 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 la nguage 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 nonhaza rdous air pollutant for a hazar dous one shall require approv al of the administrative authority*. As an alternative to submitting reducti on 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 b een adopted to reduce VOC emissions from solvent cleanup operations. These plans or submi ssions become enfor ceable upon approval.

This is a nonsubstantive change. Approvable.

1998. AQ149, 1/20/98

2151.D Adds the word “minor” to “ modi fication”, 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 ef fectiveness 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 Envir onmental Protection Agency. Th is is defined in 33 LAC 111, Definitions. These revisions are approvable be cause 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 this76

76 Subsection

, , the owner or operator of an affected facilit y ies may alternatively report the controls and/or work practices deemed to be MACT that have b een adopted to reduce VOC emissions from solvent cleanup operations

. A violation of this Section occurs if th e affected facility does not meet the State

approved solvent redu ction target

.

Deletion of the final sentence was done in re sponse to a comment allegedly made by the

Louisiana Chemical Association. No refe rence to this comment was found in the submittal of AQ 149. While EPA previously ap proved this language into the SIP, the state provides two ways in which compliance wi th this section can be achieved. One is based on calculating and reporting VOC emissi ons from solvent usage. The other is based on federal MACT reporting requirements. Both of these methods appear to be more stringent than a state so lvent 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 timefram e 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 Emissi ons 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 appear s 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 revi sions 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 updati ng the IBR Table to reflect these changes.77

77 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-paris h 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 langua ge 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 Bat on Rouge, Iberville, Livingston, and West Baton Rouge. Under Section 182(i) of the 1990 Clean Air Act Amendments (CAAA), serious ozone nonattainme nt areas reclassified to severe are required to submit State Implementation Plan revisions addressing the severe area requirements for the one-hour ozone Nationa l Ambient Air Quality Standard. Under Section 182(d) of the 1990 CAAA, severe ar ea 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 th e 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 revi sions are required for EPA to approve VOC RACT. Since these are being republished he re, we will update the IBR Table to reflect this revision date. The language that appear s in AQ 184 for these revisions was approved by EPA June 20, 2002 (67 FR 41840) effective August 19, 2002.78

78 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, appe ndix A, as incorporated by reference at

LAC 33:III.3003. These revisions are ad ministrative 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 sa me as what is already approved into

the SIP.

2153.H.1. The language in this AQ revision is the sa me as what is already approved into

the SIP. The preamble to the rule says these revi sions are required for EPA to approve VOC RACT. Since these are being republished he re, we will update the IBR Table to reflect this revision date. The language that appear s 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 compl y. 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 so urce 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 th an three years after the process change. An existing

wastewater stream that becomes an affected VOC wast ewater stream due to a process change must be in compliance with this Section as expeditiously as practi cable, 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 shal l 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 pr acticable, 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 S ection as soon as practicable, but in no event later than one year from the promulgation of the regulation revision.

2004. AQ219A, 04/20/0479

79 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 part s 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 m odified: 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 correc tion to the definition amended in AQ213. Approvable.80

80 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 referen ce 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 referen ces here from those in chapter 61 to those in chapter 21. Since Chapter 61 was re pealed and part of it renumbered as chapter 21, this is approvable. This action is s uperseded 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 previous ly not capitalized. The equations are the same. Approvable. This action supe rsedes the action in AQ 161 (above).81

81 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 referen ces here from those in chapter 61 to those in chapter 21. Since Chapter 61 was re pealed 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 cita tion 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 referen ces here from those in chapter 61 to those in chapter 21. Since Chapter 61 was re pealed and part of it renumbered as chapter 21, this is approvable.

1997. AQ 161, 12.20/97

2160.A.4.d. Corrects (updates) regulatory referen ces here from those in chapter 61 to those in chapter 21. In this case it now re fers 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.82

82 1999-2001. AQ213, 8/20/01

2160.A.-B. Incorporates by Reference 40 CFR 51, a ppendix M as the regulations to be

used for Procedures. It direct s 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 modi fications 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 referen ces here from those in chapter 61 to those in chapter 21. In this case it now re fers 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 supersed ed 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 supers edes the action in AQ 161 (above).

1997. AQ 161, 12.20/97

2160.D.4.d. Corrects (updates) regulatory referen ces here from those in chapter 61 to those in chapter 21. In this case it now re fers 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 supersed ed 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 supersed es 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 upda ted to reflect its new location. Urea is being

removed from the SOCMI chemical list. It ha d previously been removed in 1984. Then in 1987, when all of DEQ's regulations were recodi fied, the original Table 8 was mistakenly substituted and published. This rulemaking corrects the error a nd adds other clarifications

to Table 8. This revision is administrati ve in nature therefore EPA recommends approving it.83

83 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 Seas on 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 ar ea and the Region of Influence. This is approvable.

2201.C.1.-3. Under the list of exemptions: Lim its exempted facilities to a maximum rated capacity of less than 40 MMBtu/hour (dow n 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., re duces the maximum for rich burn engines from 300 to 150Hp. 3.b. and c. for lean-burn engine s are combined and the maximum Hp is

reduced from 320 to 150.

2201.C.8. Also under exemptions, adds “(This ex emption does not apply to units that are shut down intentionally on a routine ba sis, more than once per month.)”.

2201.D.1 . These emission factor tables ar e 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 sect ion 2201(F)(7)(a) reveal s 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 modificati ons, done to comply with this Chapter, could

cause and increase in emissions of any of these compounds” (added).84

84 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 (RAC T) provisions for sources of nitrogen oxides (NOx) emissions in the five-parish Baton Rouge ozone nonattainment area that are subj ect to the new lower major sta tionary source threshold of 25 tons per year. On April 24, 2003, the Enviro nmental 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, Livi ngston, 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 fo r the one-hour ozone National Ambient Air Quality Standard. Under Section 182(d) of th e 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 applicabil ity 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 Powe r Generating System Boilers burning number 6 fuel oil in the region of influen ce 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 Ge nerating 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 reformer s 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 60877.85

85 5. The emission limit for the process heater/f urnaces (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 influe nce 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 tu rbines (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 oz one nonattainment area on September 27,

2002 at 67 FR 60877.

10. The emission limit for the stationary inte rnal combustion engines that are lean burn and rated at 1500 Hp or more in the re gion of influence were not previously

controlled and would have emitted at a ra te 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 f actor 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 in clude 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. Th e following is a description of the LDEQ-adopted revisions to Chapter 23:86

86 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 th e 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 admi nistrative 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 facil ities 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 e quivalent or more stringent requ irements 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 St udy 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 Radi ation Protection, Air Quality Division, LR 23:1680 (December 1997), LR 24:1286 (July 1998), amended by the Office of Environmental Assessment, Environmenta l Planning Division, LR 26:2455 (November 2000), LR 30:1672 (August 2004), amended by the O ffice 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) effectiv e 05/08/89. This revision will replace87

87 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 ab ove, we are proposing to approve

revisions to the Louisiana SIP iden tified 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 Nuclea r 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, Misce llaneous 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 Performan ce for Biomedical Waste Incinerators.

1996. AQ 83, 10/20/94.

Section 2511 is the content of the re pealed 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 Pr otection, Air Quality Divi sion, LR 20:1098 (October 1994),88

88 LR 21:1081 (October 1995). Removes phrase “undesirable levels” from rule. The regulations are as protective as the former regulations. Thus shoul d 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 inco rporated 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 stringen t 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 rep ealed chapter 60 and replaces them with 40 CFR part 60, appendix A, as incor porated 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 inco rporated 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 update s the name of the Department office referenced in the rule. This is approvable.

Section 2531. Standards of Performance fo r Crematories. This section is not part of the approved SIP. Therefore it is not appr opriate 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, whic h requires a visual emissions test once every five years. The underlying rules fo r 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 incl usion 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 re pealed chapter 60 and replaces them with 40 CFR part 60, appendix A, as inco rporated by reference at LAC 33:III.3003.89

89 Because this chapter is not part of the appr oved 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 ch ange 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 re numbering 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 ge t copies of documents referenced in the chapter from the U.S. G overnment Printing Office. Incorporation by reference is an administ rative 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 presen ted 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 D ecember 1996 to repeal or renumber provisions in multiple chapters. As refl ected in today’s Section 3001, the following Chapters had portions repeal ed: 31, 60, 61, and 64. Only former Chapters 60 and 6190

90 contained previously approved SIP rules. In a submittal cover letter dated April 30, 1997, the state asked that Chapter 30, which repe als Chapter 60, be added for inclusion in the SIP. In a 1999-2001 “resubmittal,” the stat e 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 ac tion 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 secti ons 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 re vision 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 th e 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 st ate 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 b ecause 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 Po tpourri 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.91

91 Louisiana Revised Statues April 30, 1997 Submittal This submittal also includes Louisiana Revised Statutes including revisions through the 1996 Legislative Session. Prev iously, 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. Th e Louisiana Air Control Law, Part 1,

Louisiana Air Control Commission

40:2201 Citation

40:2202 Definition 40:2203 Commission created; domicile; me mbership; tenure; meetings

40:2204 Powers and Duties of Commission 40:2205 Powers and Duties of Technical Secretary 40:2206 Approval of rules and regulatio n’ public hearings; difference. 40:2207 Validity of rules or regul ations; declaratory judgement. 40:2208 Investigations; complain ts; 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 violat ions of orders of the commission 40:2215 Actions inuring to benefit the state

40:2216 Act as exclusive mean s 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 T echnical and Environmental Compliance Assistance Program. 30:2062 Louisiana Small Business Comp liance Advisory panel 36:239(H) Transfer of agencies and functi ons 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 thos e currently approved into the SIP. We are not acting

on this substitution at this time. The revise d statutes may be the subject of a future rulemaking. Our purpose here is to document wh at was submitted. A complete listing of

all the revised statues can be found in A ppendix 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 separa tely 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 presente d in Chapters 2,5, and 6 as noted earlier. We find that not acting on the following revisi ons 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 150993

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, Chap ter 15 Emission Standards for Sulfur

Dioxide

EPA-Approved Section LDEQ-Adopted Section

Section 1503. Emi ssion 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 af ter 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 af ter 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 shal l 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. Measuremen t 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 an y 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 pl an t 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: Promulga ted in accordance

with R.S.

30:2054. HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Of fice 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 Qu ality 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* shal l 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 t hose facilities not subject to continuous emission monitoring.

2. Calibration of Eq uipment Required. Measurement equipment shall be periodicall y 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 administra tive authority for plants not subject to LAC 33:III.3232 and 3233 which have been shut down. A report in writing e xplaining 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 with in seven calendar days of

the occurrence.

* * * [See Prior T e xt in B.2-C] AUTHORITY NOTE: Promulga ted in accordance

with R.S.

30:2054. HISTORICAL NOTE: Promulgated by the Department of Environmenta l Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended by the

Department of Environmenta l Quality, Office of Air Quality and Radiation Protec tion, 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 a pplied 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 su lfur 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 su lfur 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 unle ss a more stringent federal or state requirement is applicable.

AUTHORITY NOTE: Promulga ted 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 Environmenta l Quality, Office of Air Quality and Radiation Protec tion, 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 su lfur 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 su lfur 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 require ment 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 o f LAC 33:III .15 03.A may be authorized by the administra tive authority for plants not subject to LAC 33:III.3232 and 3233 which have been shut down. A report in writing e xplaining 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 and97

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 a pplied as defined in LAC

33:III.111.

AUTHORITY NOTE: Prom ulgated in accordance

with R.S. 30:2054.

HISTORICAL NOTE: Promulgated by the Department of Environmenta l 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 Complia nce, Emergency and Radiological Services Divi sion, SPOC, within seven calendar days of the occurrence.

B.2. - C. ...

AUTHORITY NOTE: Promulga ted in accordance

with R.S. 30:2054.

HIST ORICAL NOTE: Promulgated by the Department of Environmenta l 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, Environmenta l 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 200598

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 Envi ronmental 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 E nvironmental Quality’s (the Department) investigation is not yet complete, the follo wing violation(s) was/were noted during the course of the inspection:

Insert facts about inspecti ons and violations. Include:

A. Correct citation to stat ute and/or regulation;

B. Brief description of violation using a separate paragraph for each violation;

C. If more than one violation, use capit al 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 S ections 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 complia nce with its rules and regulations in any99

99 manner allowed by law, and nothing herein sha ll 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 a nd no further action directing compliance is contemplated for the violat ion(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 05/21/08100

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 th e cumulative revisions as of a certain date to certain sections of the Titles previously enacted. They contain revisions to existing

sections and additional new sec tions in some cases. Where th e titles of the sections have changed, or are new, they are specified with th e new title. Where ther e 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. De partment 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 secret ary of environmental quality 36:235 Deputy Secretary 36:236 Undersecretary; functions; of fice 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 Implem ented 36:951 Orderly transfer

36:952 Transferred or abolishe d 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 transfer s and abolitions; continued merger and consolidation with departments. 36:958 Studies by committee, reports by comm ittee, commissioner of administration,

recommendations. Part III. Information To Legislature 36:959 Information to be furnished to legislature. Part IV. Implementation of Reorganiz ation after Adjounment of 1978 Regular

Session 36:959.1 Successor Joint Legislative Committ ee on Reorganization of the Executive

Branch. 36:959.2 Continued implementation of reorganization. LA. R.S. of 1985. Title 36, Chapt er 25. Distribution of Powers. 39:960. Membership in certain depart ments 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 Reorganiz ation 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. Chapt er 13. Administrative Procedure

49:950 Title and form of citation.

49:951 Definition. 49:952 Public information; adoption of rule s; 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 a nd Louisiana Register; publication; distribution; copies; index; interagency rules. 49:955 Adjudication; notice; hearing; records. 49:956 Rules of evidence; official notice; oa ths 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 consulta tions and recusations. 49:961 Licenses,

49:962 Judicial review of decl aratory 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 eff ect; 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 suspen sion of rules, regulations, and fees. 49:971. Rejection of agency fee adoption, incr eases, or decreases; prohibition against fee increases and new fees; exceptions.103

103 Chapter 13-A. Revision of Lo uisiana’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; resolu tion of conflicting rules. 49:983. Incorporation of current ru les and regulations procedure. 49:984. Alphabetical or nume rical sequence of laws. 49:985. Submitting copy to the proper party. 49:986. Filing of copy with commissioner of ad ministration; certificate of correctness; printing. 49:987. Printing and publication of Louisiana Register; pr oof of certifie d 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 j udicial evaluation. 49:998 Prehearing conference. 49:999 Disqualification a nd withdrawal of admi nistrative law judge. LA. R.S. of 1989. Title 30, Subtitle II. Environmental Quality, Chapter 1

. General

30:2001. Short title 30:2002. Findings and de claration of policy 30:2003. Purpose.

30:2004. Definitions. 30:2005. Governor’s Resource Developmen t 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; pow ers; structure. 30:2012 Enforcement inspections.

30:2013 Environmental Control Commission au thority; transfer to secretary. 30:2014. Permits, licenses, registrations, varian ces, and monitoring fees, and research and development fees. 30: 2015. Environmental Programs Trust Fund. 30:2016. Alternative Technologies Resear ch and Development Trust Fund.

30:2017. Environmental Enforcement Funds. 30:2018. Administration law judge s; appointment, qualifica tions, powers and duties. 30:2019. Promulgation of rules and regulations. 30:2020. Implementation plans, rules, regulations, and orders unaffected. 30:2021. Interstate compacts on environmen tal control; environmental impact

statements. 30:2022. Permit applications and va riance requests ; notification. 30:2023. Existing permits, registratio ns, variances, and licenses. 30:2024. Finality of action’ appeals.104

104 30:2025. Enforcement.

30:2026. Citizen suits. 30:2027. Environmental violations reporte d by employees; reprisals prohibited. 30:2028. Environmental training programs. 30:2029. Complainants bond; liability.

30:2030. Confidential information.

30:2031. Donations or assist ance 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, Ch a pter 3. Louisiana

Air Control Law

30:2051. Citation. 30:2052. Policy; purpose.

30:2053. Definitions. 30:2054. Office of air quality and nuclear ener gy; secretary of envi ronmental 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 inve ntory; 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 regul ations 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; in tervention’ withdraw al; public hearing. 30:2050.12 Public hearing; location’ public comment; transcript. 30:2050.13 Hearing officer s; employment. 30:2050.14 Hearing officers; qualifi cation; ethics standards. 30:2050.15 Hearing officers; power s; contemptuous conduct. 30:2050.16 Hearing officers; orders , recommendations, decisions. 30:2050.17 Hearing officers; administ rative review by secretary. 30:2050.18 Hearing officers; in terlocutory order or ru ling; 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 assi stant secretary. 30:2050.27 Computation of time. 30:2050.28 Applicability of the Admi nistrative Procedures Act.

30:2050.29 Mandamus. 30:2050.30 Bond; exception. 30:2050.31 Appeals; distri ct 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 T echnical and Environmental Compliance Assistance Program.

30:2062. Louisiana Small Business Compliance Advisory Panel.

30:2063. Prevention of a ccidental 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 transactio ns involving the governmental entity.

42:1113. Prohibited contra ctual 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 legisl ature or governing authority. 42:1119. Nepotism. 42:1120. Recusal from voting. 42:1120.1. Recusal from voting; Board of Commi ssioners of the Port of New Orleans. 42:1120.2. Recusal from voting; Housing Authority Members.

42:1121. Assistance to certain persons after termina tion 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. Co de 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 fo r Elected Officials. 42:1133. Ethics body; quorum, recusal, compensation, officers. 42:1134. Powers, duties, and respons ibilities of ethics bodies. 42:1135. Enforcement of regulation, deci sion, or order of an ethics body. Subpart B. Procedure

42:1141. Procedure. 42:1142. Appeals.

42:1143. Procedure and ru les 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. Co de of Governmental Ethics.

Part IV. Miscellaneous Provisions 42:1161. Preventive measures by agency heads. 42:1162. Copy of ethics code to be fu rnished by the secretary of state. 42:1163. Prescription.

42:1164. Criminal laws not affected. 42:1165. Authority of school boards to ad minister 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 Da ta 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, Chapt er 1. Public Records—Recorders Part I. Scope

44:1. General definitions. LA. R.S. of 1982. Title 44, Chapt er 1. Public Records—Recorders

Part II. General Provisions 44:31 Right to examine records. 44:32 Duty to permit examination’ preventi on 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.