BOBBY JINDAL 

GOVERNOR 

RECEiVED- 6PDL 

AIR PLANNING SEC. 

13 JUN 26 PH 5: /fGG!c~!ATCH 

~tate of 'I.ouisiana 

DEPARTMENT OF ENVIRONMENTAL QUALIIT 

OFFICE OF THE SECRETARY 

Mr. Ron Curry, Administrator 

US EPA Region 6 (6-AR) 

1445 Ross Avenue, Suite 1200 

Dallas, TX 75202-2733 

RE: Request for Delegation Authority 

40 CFR Parts 60, 61 and 63 

Dear Mr. Curry: 

In accordance with Clean Air Act Amendments, Section 111 and 112, with 40 CFR 63 Subpart 

E, and with the performance partnership grant objectives, the Louisiana Department of 

Environmental Quality (LDEQ) submits an updated delegation request. 40 CFR Parts 60, 61 and 

63 delegations remain unchanged from the previous request which was approved and made 

effective June 14, 2010. 

The approval of LDEQ's previous request for delegation of certain federal rules was published 

on April 14, 2010 in the Federal Register (75 FR 19252). LDEQ reaffirms that it continues to 

meet the "up-front" approval criteria, including straight incorporation by reference of the federal 

rules that it wishes to implement and enforce. 

Enclosed in this request in Appendix A, is the rulemaking documentation to incorporate by 

reference those 40 CFR Parts 60, 61 and 63 rules that were promulgated after July 1, 2011, and 

were added to the Code of Federal Regulation as of July 1, 2012. 

If you or your staff have any questions concerning this submittal, please contact Ms. Vivian 

Aucoin, Air Permits Division, Manufacturing Section, Program Manager at (225) 219-3419 or 

Vivian.Aucoin@la.gov . 

. yjar!d-- atch 

c: Guy Donaldson, EPA Region 6 

Post Office Box 4301 • Baton Rouge, Louisiana 70821-4301 • Phone 225-219-3953 • Fax 225-219-3971 

www.deq.louisiana.gov 
Appendix A 
be submitted by the evaluatee to the appropriate evaluator 

for use in the compilation ofthe individual's evaluation. 

Standard Certificate-a credential issued by the state to 

an individual who bas met all requirements for full 

certification as a teacher. 

Standard of Effectiveness-adopted by the state Board 

of Elementary and Secondary Education as the final 

composite score required for teacher or administrator 

performance to be considered effective. 

Student-Learning Target-a goal which expresses an 

expectation of growth in student achievement over a given 

period of time, as measured by an identified assessment 

and/or body of evidence. 

Teacher-any person who provides direct instruction or 

direct instructional support to students, to whom he/she has 

been formally assigned. Classroom teachers, special 

education teachers, librarians, and guidance counselors shall 

be considered teachers according to this definition. 

Teachers of Record-educators who are responsible for 

a portion of a student's learning outecmes within a 

subject/course. 

Va/ue-Addecf.--;he use of prior achievement history and 

appropriate demographic variables to estimate typical 

achievement outcomes through a statistical model for 

students in specific content domains based on a longitudinal 

data set derived from students who take state-mandated tests 

in Louisiana for the purpose of comparing typical and actual 

achievement. 

AUTHORITY NOTE: Promulgated in accordance with ltS. 

!7:6(A)(l0), ltS. 17:39l.IO,ltS. 17:3881-3886, and R.S. 17:3901-

3904, RS. 17:3997, R.S. 17:10.1. 

HISTORICAL NOTE: Promulgated by the Board of 

Elementary and Secondazy Educ:ation, LR 38:1222 (May 2012), 

amended LR 38:2362 (September 2012), LR 39:1275 (May 2013). 

!3{)5#0!9 

Heather Cope 

Executive Director 

RULE 

Department of Environmental Quality 

om .. of the Secretary 

Legal Division 

2012 Annual Incorporation by Reference 

of Certain Federal Air Quality Regulations 

(LAC 33:IIl.506, 507,2160,3003, 

5116,5122,5311 and 590l)(AQ337ft) 

Under the authority of the Environmental Quality Act, 

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

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

secretary has amended the Air regulations, LAC 33:1l1.506, 

507, 2160, 3003,5116,5122, 5311 and 5901 (AQ337ft). 

This Rule is identical to federal regulations found in 40 

CFR Part 51, Appendix M, 40 CFR Part60, 40 CFR Part 61, 

40 CFR Part 63, 40 CFR Part 68, 40 CFR Part 70.6(a) and 

40 CFR Part 96, which are applicable in Louisiana. For more 

information regarding the federal requirement, contact the 

Regulation Development Section at (225) 219-3985 or P.O. 

Box 4302, Baton Rouge, LA 70821-4302. No fiscal or 

economic impact will result from the Rule. This Rule will be 

Louisiana Register Vol. 39, No. 05 May 20, 2013 1276 

promulgated in accordance with the proredures in R.S. 

49:953(F)(3) and (4). 

This Rule incorporates by reference (!BR) into the 

Louisiana Administrative Code, LAC 33:1Il, the tbllowing 

federal regulations included in the July I, 2012 edition of the 

Code of Federal Regulation (CFR): 40 CFR Parts 51, 

Appendix M, 60, 61, 63, 68, 70.6(a), and 96. Any exception 

to the IBR is explicitly listed in this Rule. The Rule updates 

the references to July I, 2012, for Standard of Performance 

for New Stationary Sources, 40 CFR Part 60. In addition, the 

provisions of 40 CFR Part 60 Subpart 0000 are 

incorporated by rererence, establishing new source 

performance standards for crude oil and natural gas 

production, along with the transmission and distribution 

industry. This Rule also updates the references to July I, 

2012, for the National Emission Standards for Hazardous Air 

Pollutants (NESHAP) and for NESHAP for source 

categories, 40 CFR Parts 61 and 63.ln order for Louisiana to 

maintain equivalency with federal regulations, certain 

regulations in the July I, 2012 edition of the Code of 

Federal Regulations must be adopted into the Louisiana 

Administrative Code. This rulemaking is also necessary to 

maintain delegation authority granted to Louisiana by the 

Environmental Protection Agency. 

The basis and rationale for this Rule are to mirror the 

federal regulations as they apply to Louisiana's affected 

sources. 

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

and R.S. 49:953(0)(3); therefore, no report regarding 

environmental/health benefits and social/economic costs is 

required. 

Title 33 

ENVIRONMENTAL QUALI1Y 

Part Ill. Air 

Cbapter 5. Permit Prm:edures 

§506. Clean Air Interstate Rule Requirements 

A.- B.4. ... 

C. Annual Sulfur Dioxide. Except as specified in this 

Section, The federal SO, model rule, published in the Code 

of Federal Regulation at 40 CFR Part 96, July 1, 2012, is 

hereby incorporated by refurence, except fur Subpart lliCAIR S02 OPT·in Units and all references to opt-in units. 

D. The volumes containing those fuderal regulations 

incorporated by reference may be obtained from the 

Superintendent of Documents, United States Government 

Printing Office, Washington, D.C. 20402 or their website, 

www.gpoaccess.gov/cfr/index.html. 

E .... 

AU1HORITY NOTE: Promulgated in a=rdance with ltS. 

30.2054. 

HISTORICAL NOTE: Promulgated by the Deportment of 

Environmental Quality, Office of the Secretazy, Legal Affairs 

Division, LR 32:1597 (September 2006), amended LR 33:!622 

(August 2007), LR 33:2083 (October 2007), LR 34:978 (June 

2008), LR 35:!107 (June 2009), LR 36:2272 (October 201 0), 

repromulgated LR 36:2551 (November 2010), amended LR 

37:2989 (October 2011), LR 38:1229 (May 2012), amended by the 

Office ofthe Secretaty, Legal Division, LR 39:1276 (May 2013). 

§507. Part 70 Operating Permits Program 

A.- B. I. ... 

2. No Part 70 source may operate after the time that 

the owner or operator of such source is required to submit a 

permit application under Subsection C of this Section, unless 
an application has been submitted by the submittal deadline 

and such application provides information addressing all 

applicable sections of the application form and has been 

certified as complete in accordance with LAC 

33:III.517.B.l. No Part 70 source may operate after the 

deadline provided for supplying additional information 

requested by the permitting authority under LAC 33:III.519, 

unless such additional information has been submitted 

within the time specified by the permitting authority. Permits 

issued to the Part 70 source under this Section shall include 

the elements required by 40 CFR 70.6. The department 

hereby adopts and incorporates by reference the provisions 

of 40 CFR 70.6(a), July I, 2012. Upon issuance of the 

permit, the Part 70 source shall be operated in compliance 

with all terms and conditions of the permit. Noncompliance 

with any federally applicable term or condition of the permit 

shall constitute a violation of the Clean Air Act and shall be 

grounds for enforcement action; for permit termination, 

revocation and reissuance, or revision; or for denial of a 

permit rene'Wal application. 

C.- J.5. 

AlfiHORITY NOTE: Promulgated in accordance with RS. 

30:2011, 2023, 2024, and 2054. 

HISlDRICAL NOTE: Promulgated by the Department of 

Environmental Quality, Office of Air Qua1ity and Nuclear Energy, 

Air Quality Division, LR 13:741 (December 1987), amended by the 

Office of Air Quality and Radiation Protection, Air Quality 

Division, LR 19:1420 (November 1993), LR 20:1375 (December 

1994), amended by the Office of Environmental Assessment, 

Environmental Planning Division, LR 26:2447 (November 2000), 

LR 27:2229 (December 2001), LR 28:994 (May 2002), LR 29:698 

(May 2003), LR 30:1008 (May 2004), amended by the Office of 

Environmental Assessment, LR 31:1061 (May 2005), LR 31:1568 

(July 2005), amended by the Office of the Secretary, Legal Affairs 

Division, LR 31:2437 (October 2005), LR 32:808 (May 2006), LR 

33:1619 (August 2007), LR 33:2083 (October 2007), LR 33:2630 

(December 2007), LR 34:1391 (July 2008), LR 35:1107 (June 

2009), LR 36:2272 (October 2010), LR 37:2990 (October 2011), 

LR 38:1229 (May 2012), amended by the Office of the Secretary, 

Legal Division, LR 39:1276 (May 2013). 

Chapter 21. Control of Emission of Organic 

Compounds 

Subchapter N. Method 43-----<:apture Efficiency Test 

Procedures 

Editor's Note: This Subchapter was moved and renumbered 

from Chapter61 (December 1996). 

§2160. Procedures 

A. Except as provided in Subsection C of this Section, 

the regulations at 40 CFR Part 51, Appendix M, July I, 

2012, are hereby incorporated by reference. 

B. - C.2.b.iv. 

AUTHORITY NOTE: Promulgated in accordance with RS. 

30:2054. 

HISTORICAL NOTE: Promulgated by the Department of 

En'vironmental Quality, Office of Air Quality and Radiation 

Protection, Air Quality Division, LR 17:653 (July 1991), amended 

LR 22:1212 (December 1996), LR 23:1680 (December 1997), LR 

24:1286 (July 1998), amended by the Office of Environmental 

Assessment, Environmental Planning Division, LR 27:1224 

(August 2001), LR 29:698 (May 2003), LR 30:1009 (May 2004), 

amended by the Office of Environmental Assessment, LR 31:1568 

(July 2005), amended by the Office of the Secretary, Legal Affairs 

Division, LR 32:809 (May 2006), LR 33:1620 (August 2007), Ljl. 

34:1391 (July 2008), LR 35:1107 (June 2009), LR 36:2272 

(October 2010), LR 37:2990 (October 2011), LR 38:1230 (May 

1277 

20 12), amended by the Office of the Secretary, Legal Division, LR 

39:1277 (May 2013). 

Chapter 30. Standards of Performance for New 

Stationary Sources (NSPS) 

Subchapter A. Incorporation by Reference 

§3003. Incorporation by Reference of 40 Code of 

Federal Ref!ulations (CFR) Part 60 

A. Except for 40 CFR Part 60, Subpart AAA, and as 

modified in this Section, Standards of Performance for New 

Stationary Sources, published in the Code of Federal 

Regulations at 40 CFR Part 60, July I, 2012, are hereby 

incorporated by reference as they apply to the state of 

Louisiana. Also incorporated by reference are the following 

revisions to 40 CFR Part 60; Subpart 0000 as promulgated 

on August 16, 2012, in the Federal Register, 77 FR 49490-

49600. 

B.- C .... 

AUTHORITY NOTE: Promulgated in accordance with RS. 

30:2054. 

HISTORICAL NOTE: Promulgated by the Department of 

Environmental Quality, Office of Air Quality and Radiation 

Protection, Air Quality Division, LR 22:1212 (December 1996), 

amended LR 23:1681 (December 1997), LR 24:1287 (July 1998), 

LR 24:2238 (December 1998), amended by the Office of 

Environmental Assessment, Environmental Planning Division, LR 

25:1239 (July 1999), LR 25:1797 (October 1999), LR 26:1607 

(August 2000), LR 26:2460, 2608 (November 2000), LR 27:2229 

(December 2001), LR 28:994 (May 2002), LR 28:2179 (October 

2002), LR 29:316 (March 2003), LR 29:698 (May 2003), LR 

30:1009 (May 2004), amended by the Office of Environmental 

Assessmen~ LR 31:1568 (July 2005), amended by the Office of the 

Secretary, Legal Affairs Division, LR 31:2446 (October 2005), LR 

32:809 (May 2006), LR 32:1596 (September 2006), LR 33:1620 

(August 2007), LR 33:2092 (October 2007), LR 33:2626 

(December 2007), LR 34:1391 (July 2008), LR 35:1107 (June 

2009), LR 36:2273 (October 2010), LR 37:2990 (October 2011), 

LR 38:1230 (May 2012), amended by the Office of the Secretary, 

Legal Division, LR 38:2754 (November 2012), LR 39:1039 (April 

2013), LR 39:1277 (May 2013). 

Chapter 51. Comprehensive Toxic Air Pollutant 

Emission Control Program 

Subchapter B. Incorporation by Reference of 40 CFR 

Part 61 (National Emission Standards for 

Hazardous Air Pollutants) 

§5116. Incorporation by Reference of 40 CFR Part 61 

(National Emission Standards for Hazardous Air 

Pollutants) 

A. Except as modified in this Section and specified 

below, National Emission Standards for Hazardous Air 

Pollutants, published in the Code of Federal Regulations at 

40 CFR Part 61, July I, 2012, and specifically listed in the 

following table, are hereby incorporated by reference as they 

apply to sources in the state of Louisiana. 

[See Prior Text in Subpart A - Appendix C] 

B.-C. 

AUTI-IORITY NOTE: Promulgated in accordance with RS. 

30:2054. 

HISlDRICAL NOTE: Promulgated by the Department of 

Environmental Quality, Office of Air Quality and Radiation 

Protection, Air Quality Division, LR 23:61 (January 1997), 

amended LR 23:1658 (December 1997), LR 24:1278 (July 1998), 

Louisiana Register Vol. 39, No. 05 May 20, 2013 
amended by the Office of Environmental Assessment, 

Environmental Planning Division, LR 25:1464 (August 1999), LR 

25:1797 (October 1999), LR 26:2271 (October 2000), LR 27:2230 

(December 2001), LR 28:995 (May 2002), LR 28:2179 (October 

2002), LR 29:699 (May 2003), LR 30:1009 (May 2004), amended 

by the Office of Environmental Assessment, LR 31:1569 (July 

2005), amended by the Office of the Secretary, Legal Affairs 

Division, LR 31:2448 (October 2005), LR 32:809 (May 2006), LR 

33:1620 (August 2007), LR 33:2094 (October 2007), LR 34:1391 

(July 20081 LR 35:1108 (June 2009), LR 36:2273 (October 2010), 

LR 37:2990 (October 2011), LR 38:1230 (May 2012), amended by 

the Office of the Secretary, Legal Division, LR 39:1277 (May 

2013). 

Subchapter C. Incorporation by Reference of 40 CFR 

Part 63 (National Emission Standards for 

Hazardous Air Pollutants for Source 

Categories) as It Applies to Major 

Sources 

§5122. Incorporation by Reference of 40 CFR Part 63 

(National Emission Standards for Hazardous Air 

Pollutants for Source Categories) as It Applies to 

Major Sources 

A. Except as modified in this Section and specified 

below, national emission standards for hazardous air 

pollutants for source categories, published in the Code of 

Federal Regulations at 40 CFR Part 63, July I, 2012, are 

hereby incorporated by reference as they apply to major 

sources in the state of Louisiana. 

B. -C.3. 

AUTHORilY NOlE: Promulgated in accordance with RS. 

30:2054. 

HISTORICAL NOTE: Promulgated by the Department of 

Environmental QuaJity, Office of Air Quality and Radiation 

Protection, Air Quality Division, LR 23:61 (January 1997), 

amended LR 23:1659 (December 1997), LR 24:1278 (July 1998), 

LR 24:2240 (December 1998), amended by the Office of 

Environmental Assessment, Envirorunental Planning Division, LR 

25:1464 (August 1999), LR 25:1798 (October 1999), LR 26:690 

(April2000), LR 26:2271 (October 2000), LR 27:2230 (December 

2001), LR 28:995 (May 2002), LR 28:2180 (October 2002), LR 

29:699 (May 2003), LR 29:1474 (August 2003), LR 30:1010 (May 

2004), amended by the Office of the Secretary, Legal Affairs 

Division, LR 31:2449 (October 2005), LR 31:3115 (December 

2005), LR 32:810 (May 2006), LR 33:1620 (August 2007), LR 

33:2095 (October 2007), LR 33:2627 (December 2007), LR 

34:1392 (July 2008), LR 35:1108 (June 2009), LR 36:2273 

(October 2010), LR 37:2991 (October 2011), LR 38:1231 (May 

2012), amended by the Office of the Secretary, Legal Division, LR 

39:1278 (May 2013). 

Chapter 53. Area Sources of Toxic Air Pollutants 

Subchapter B. Incorporation by Reference of 40 CFR 

Part 63 (National Emission Standards for 

Hazardous Air Pollutants for Source 

Categories) as It Applies to Area Sources 

§5311. Incorporation by Reference of 40 CFR Part 63 

(National Emission Standards for Hazardous Air 

Pollutants for Source Categories) as It Applies to 

Area Sources 

A. Except as modified in this Section and specified 

below, national emission standards for hazardous air 

pollutants for source categories, published in the Code of 

Federal Regulations at 40 CFR Part 63, July I, 2012, are 

hereby incorporated by reference as they apply to area 

sources in the state of Louisiana. 

Louisiana Register Vol. 39, No. 05 May 20. 2013 1278 

B.-C .... 

AUTHORITY NOTE: Promulgated in accordance with RS. 

30:2054. 

HISTORICAL NOTE: Promulgated by the Department of 

Environmental QuaJity, Office of Air Quality and Radiation 

Protection, Air Quality Division, LR 23:63 (January 1997), 

amended LR 23:1660 (December 1997), LR 24:1279 (July 1998), 

amended by the Office of Environmental Assessment, 

Environmental Planning Division, LR 25:1464 (August 1999), LR 

27:2230 (December 2001), LR 28:995 (May 2002), LR 28:2180 

(October 2002), LR 29:699 (May 2003), LR 30:1010 (May 2004), 

amended by the Office of Environmental Assessment, LR 31:1569 

(July 2005), amended by the Office of the Secretary, Legal Affairs 

Division, LR 31:2451 (October 2005), LR 32:810 (May 2006), LR 

33:1620 (August 2007), LR 33:2096 (October 2007), LR 34:1392 

(July 2008), LR 35:1108 (June 2009), LR 36:2274 (October 2010), 

LR 37:2991 (October 2011), LR 38:1231 (May 2012), amended by 

the Office of the Secretary, Legal Division, LR 38:2756 (November 

2012), LR 39:1278 (May 2013). 

Chapter 59. Chemical Accident Prevention and 

Minimization of Consequences 

Subchapter A. General Provisions 

§5901. Incorporation by Reference of Federal 

Regulations 

A. Except as provided in Subsection C of this Section, 

the department incorporates by reference 40 CFR Part 68, 

July I, 2012. 

B.- C.6. 

• •• 

AUTHORITY NOTE: Promulgated in accordance with RS. 

30:2054 and 30:2063. 

HISTORICAL NOTE: Promulgated by the Department of 

Environmental QuaJity, Office of Air Quality and Radiation 

Protection, Air Quality Division, LR 20:421 (April 1994), amended 

LR 22:1124 (November 1996), repromulgated LR 22:1212 

(December 1996), amended LR 24:652 (April 1998), LR 25:425 

(March 1999), amended by the Office of Environmental 

Assessment, Environments] Planning Division, LR 26:70 (January 

2000), LR 26:2272 (October 2000), LR 28:461 (March 2002), LR 

29:699 (May 2003), LR 30:1010 (May 2004), amended by the 

Office of Environmental Assessment, LR 30:2463 (November 

2004), LR 31:1570 (July 2005), amended by the Office of the 

Secretary, Legal Affairs Division, LR 32:810 (May 2006), LR 

33:1621 (August 2007), LR 34:1392 (July 2008), LR 35:1109 (June 

2009), LR 36:2274 (October 2010), LR 37:2991 (October 2011), 

LR 38:1231 (May 2012), amended by the Office of the Secretary, 

Legal Division, LR 39:1278 (May 2013). 

38). 

Herman Robinson, CPM 

Executive Counsel 

Quality Act, 

et seq., and in accordance the provisions 

inistrative Procedure Act, R.S. 4 . et seq., the 

has amended the Air regulations, L 3:111.905