BOBBY JINDAL GOVERNOR 

# $tate of 1Louistana

DEPARTMENT OF ENVIRONMENTAL QUALITY 

### ENVIRONMENTAL SERVICES

May·16, 2011

Mr. Thomas H. Diggs Associate Director, Air Programs (6PD) U.S. Environmental Protection Agency, Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733

Re: Louisiana's PM2.s NSR Implementation Rule

Dear Mr. Diggs: PEGGY 

### M. HATCH SECRETARY



### On May 16, 2008, the Environmental Protection Agency (EPA) promulgated a. rule entitled "Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2

.5)." 1 

### This rule specified that states with SIP-approved NSR programs, like Louisiana, must "submit revised PSD programs and revised NA NSR programs for PM2

.5 •.. 

### within 3**yea~s** 

### from the date ofthis action" (i.e., May 16, 2011). 2

· By way of this correspondence, the State of Louisiana, through the Louisiana Department of Environmental Quality (LDEQ), transmits to EPA revisions to LAC 33 :III.504 (Nonattainment New Source Review) and LAC 33 :III.509 (Prevention of Significant Deterioration) to be adopted as required by the aforen1entioned rule.

Louisiana's PM2.s NSR Implementation Rule, identified as AQ318, was proposed in the 

### Louisiana Register on February 18, 2011; a public hearing was held on March 29, 2011; and the comment period closed on April 5, 2011. The· proposed rule package is included as Attachment A. Public coinments were received from EPA (see Attachment B); no other comments were received. In response to EPA's comments, technical amendments were made to the definition of "regulated pollutant" under LAC 33:III.504.K. LDEQ's Comment Sununary Response & 

### Concise Statement is included as Attachment C. The list oftechnical amendments is included as Attachment D, and -the final rule, which will be promulgated on June 20, 2011, is included as Attachment E.

Should you have any questions concerning this matter or require additional documentation, please contact Bryan D. Johnston ofthe Air Pennits Division at (225) 219-3450.

PMH:BDJ

I 73 FR 28321
2 73 FR 28341

Post Office Box 4313 • Baton Rouge, Louisiana 70821-4313 • Phone 225-219-3181 • Fax 225-219-3309

# Attachment A

•Proposed February 2011



### NOTICE OF INTENT

Department ofEnvironmental Quality Office ofthe Secretary Legal Affairs Division

Pm2.5 NSR Implementation Rule (LAC 33:III.504 and 509) (AQ318) AQ318



### Under the authority ofthe Environmental Quality Act, R.S. 30:2001 et seq., and in accordance with the provisions ofthe Administrative Procedure Act, R.S. 49:950 et seq., the secretary gives notice that rulemaking procedures have been initiated to amend the Air

. . 

### regulations, LAC 33:1II.504 and 509 (Log #AQ318).

This Rule incorporates the provisions ofthe Environmental Protection Agency's (EPA) final rule entitled "Implementation ofthe New Source Review (NSR) Program for Particulate Matter Less than 2.5 Micrometers (PM2.5)", found at 73 FR 28321, May 16.2008, into the Louisiana air quality regulations. This action also addresses concerns raised by the EPA in COITespondence dated January 24,'2008. The Clean Air Act requires both major and minor NSR programs to address any pollutant for which there is a National Ambient Air Quality Standard (NAAQS) and precursors to the formation of such pollutant when identified for regulation by EPA. EPA's PM2.5 NSR implementation Rule amends the federal NSR regulations to establish the minimum elements for state programs implementing NSR for the PM2.5 NAAQS and requires states with SIP-approved PSD programs (like Louisiana) to "submit revised PSD programs and revised NA NSR programs for PM2.5" by May 16, 2011. By letter dated January 24, 2008, EPA submitted comments on revisions to LDEQ's Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR) rules promulgated on December 20, 2005. LDEQ responded to EPA's concerns on October 6, 2008. 

## hi sum, to ensure SIP-approvability of LDEQ's PSD and NNSR regulations, the definition of "malfunctions" will be removed from LAC 33:II1.504 and 509 and the reference to LAC 33:IJ1.519 in Section 504 will be replaced with text that parallels the federal rule at 40 CFR 51.165. This rule is also a revision to the Louisiana State Implementation Plan for air quality. The basis and rationale for this rule are to incorporate the provisions of EPA's PM2.5 NSR Implementation Rule into the air quality regulations and modify several existing provisions to ensure SfP-approvability. This rule
meets an exception listed in R.S. 30:2019(D)(2) and R.S. 49:953(G)(3); therefore, no report regarding**environm~ntal/health** benefits and social/economic costs is required.

This rule has no known impact on family formation, stability, and autonomy as described in R.S. 49:972.

A public hearing will be held on March.29, 2011, at 1:30 p.m. in the Galvez Building, Oliver Pollock Conference Room, 602 N. Fifth Street, Baton Rouge, LA 70802. The hearing will also be for the revision to the State Implementation Plan (SIP) to incorporate this rule. Interested persons are invited to attend and submit oral comments on the proposed amendments. Should individuals with a disability need an accommodation in order to participate, contactProposed February 2011 AQ318



### Donald Trahan at the address given below or at (225) 219-3985. Two hours offree parking are allowed in the Galvez Garage with a validated parking ticket.

All interested persons are invited to submit written comments on the proposed regulation. Persons commenting should reference this proposed regulation by AQ318. Such comments must be received no later than April 5, 2011, at 4:30p.m., and should be sent to Donald Trahan, Attorney Supervisor, Office ofthe Secretary, Legal Affairs Division, Box 4302, Baton Rouge, LA 70821-4302 or to FAX 

### (225) 219-4068 or by e-mail to donald.trahan@la.gov. Copies ofthis proposed regulation can be purchased by contacting the DEQ Public Records Center at (225) 219-3168. Check or money order is required in advance for each copy ofAQ318. This regulation is available on the Internet at www.deq.louisiana.gov/portal/tabid/1669/default.aspx.

This proposed regulation is available for inspection at the following DEQ office locations from '8 a.m. until4:30 p.m.: 602 N. Fifth Street, Baton Rouge, LA 70802; 1823 Highway 546, West Monroe, LA 71292; State Office Building, 1525 Fairfield Avenue, Shreveport, LA 71101; 1301 Gadwall Street, Lake Charles, LA 70615; Ill 

### New Center Drive, Lafayette, LA 70508; 110 Barataria Street, Lockport, LA 70374; 201 Evans Road, Bldg. 4, Suite 420, New Orleans, LA 70123.

Herman Robinson, CPM Executive CounselProposed February 2011



## Title 33
ENVIRONMENTAL QUALITY
Part III. Air

Chapter 5. Permit Procedures

§504. Nonattainment New Source Review (NNSR) Procedures

A.- E.5

....

F. Emission Offsets. All emission offsets approved by the department shall be AQ318



### surplus, permanent, quantifiable, and enforceable in accordance with LAC 33.III.Chapter 6 and shall meet the following criteria.

l. Except as specified in Subsection M ofthis Section, offsets shall be required at the ratio specified in Subsection L, Table l ofthis Section. All emission reductions claimed as offset credit shall be from "decreases ofthe same regulated pollutant or pollutant class (e.g., VOC) for which the offset is required, except that direct PM;u emissions or emissions of PM;u precursors may be offset by reductions in direct**PM .~**  

### emissions or emissions ofany PM2

.5 

### precursor, ifsuch offsets comply with the interorecursor trading hierarchy and ratio established in the approved SIP for a particular nonattainment area. lnte!f!ellHtaRt IFBaiRg, fer eltamJlle HSiRg a 

### NG. ereditte effset a VOC emissieR iRerease, is Ret alle·,yea. ElteeJlt as SJ3eeifiell iR SubseetieR M efthis 8eetieR, effsets shall be reEjHired at the ratie SJleeifiell iR S11bseetieR L, Table I efthis SeetieR.

F.2. -J.4.b.

5. Public Participation Requirement for PALs. Procedures to establish, renew,
or increase PALs for existing major stationary sources shall be the same as the J3reeell11res fer j3ermit issuanee in aeeerllaRee with LAC 33 :IIU 19consistent with 40 CFR 51.160 and 51.161. These include the requirement that the administrative authority provide the public with notice of the proposed approval of a PAL permit and at least a**30~day** 

### period for submittal ofpublic
comments. The administrative authority shall address all material comments before taking final action on the permit.

6.- 15.b.

K. Definitions. The terms in this Section are used as defined in LAC 33:1II.lll with the exception ofthcise terms specifically defined as follows

. 

# •••Proposed February 2011 AQ318



### Malfimctions fer J3UFJleses efthis Seetiee, 

### maljimetia"s shall iesluee aey sueh emissiees autherizeEI ay j3eFF11it, ''ariaRee, er the 8R liRe 8j3eratiRg aajustmeRt JlFSYisieRS efLAC 33:lii.I507.B aee 2307.G.2, aut**eJ<el~o~ee** 

### a11y emissie11s that are Ret eemJ3lia11t with feeeral er state staeaaras. Repealed.


## * * *

Regulated Pollutallf a11y air JlellutaRt, the emissieR er amaieet eeeeeRtratien efwhieh is**reg~o~latee** 

### i11 aeeereaRee with tfie CleaR Air.Aet.

lh any pollutant for which a national ambient air quality standard has been promulgated or any constituent or precursor for the identified pollutant, provided that such constituent or precursor pollutant is only regulated under NNSR as· part ofregulation ofthe primary pollutant. Precursors identified by the administrative authority for purposes ofNNSR include the following:


## L volatile organic compounds and nitrogen oxides are precursors to

ozone in all ozone nonattainment areas;

.!.h 

### sulfur dioxide is a precursor to PM,_5 

### in all PM2 ,l nonattainment

!..!!, 

### nitrogen oxides are presumed to be precursors to**PM ·~**  

### in all PMu nonattainment areas. unless the administrative authority demonstrates to the administrator's satisfaction or EPA demonstrates that emissions ofnitrogen oxides from sources in a specific

area are not a significant contributor to that area's ambient PMu concentrations: and

iv. volatile organic compounds and ammonia are presumed not to be precursors to PMu in any PM2

.5 

### nonattainment area. unless the administrative authority demonstrates to the administrator's satisfaction or EPA demonstrates that emissions ofvolatile organic compounds or ammonia from sources in a specific area are a significant contributor to that area's ambient PM,_5 

### concentrations.

b. PM2

.5 

### emissions and PM 1

### oemissions shall include the gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On·

or after January I, 

### 20 II, such condensable particulate matter shall be accounted for in applicability detenninations and in establishing emissions limitations for PM2.s and PM

## 1.!!-irr NNSR permits. 

## *. *

Significant-in reference to a net emissions increase or the potential of a source to emit any ofthe following pollutants, a rate ofemissions that would equal or exceed the lower of any ofthe following rates or the applicable major modification significant net increase threshold in Subsection L, Table I ofthis Section.Proposed February 20 II · AQ318

Pollutant Emission Rate
Carbon monoxide I00 tons per year (tpy) Nitrogen oxides 40 tpy Sulfur dioxide 40 tpy

Ozone 40 tpy ofvolatile organic compounds or nitrogen oxides Lead 0.6 tpy
PMl!l 

### .li.!ro: 10 tgy ofdirect PMu, emissions;
PM;u 40 

## tux ofsulfur dioxide emissions; 40 illY ofnitrogen oxide' Nitrogen oxides are gresumed to be grecursors to**PM~** in all PM&i nonattainrnent areas unless the administrative authoritt demonstrates to the administrator's satisfaction or EPA demonstrates that emissions ofnitrogen oxides from sources in a sgecific area are not a significant contributor to that area's ambient PMu coflcentrations.


## *. *

L. 

### Table !-Major Stationary Source/Major Modification Emission Thresholds

Table I Major Stationary Source/Major Modification Emission Thresholds Major Major Stationary Modification Pollutant Source Significant Offset Ratio Threshold Minimum ' Net Increase Values (tons/year) (tons/vear) Ozone Trigger Values VOC/NO,

Marginal 100 40(40)' 1.10 to I Moderate 100 40(40)' 1.15to I Serious 50 25'(5)' 1.20 to I w/LAER or

1.40 to I intemal w/o LAER

· Severe 25 25'(5) 1.30 to I 

# ' w/LAER or 1.50 to I intemal w/o LAER Extreme 10 Any increase 1.50 to I 

## co

Moderate 100 100 >1.00 to IProposed February 2011 AQ318

Table I Major Stationary Source/Major Modification Emission Thresholds Major Major Stationary Modification Pollutant Source Significant Offset Ratio Threshold Minimum

Values Net Increase (tonsll'ear) (tons/year)
Serious 50 50 >l.OOto I 

## so, 100 40 >l.OOto I PM 10 I

Moderate 100 15 >1.00 to I Serious 70 15 >1.00 to I PM, 5 ' 100 10 >1.00 to I Lead 100 0.6 >1.00 to I



### Footnotes I.

- 

### 4.

...

5 

### Sulfur dioxide is a precursor to PM 2

.5 

### in all PM2

### .s nonattainment areas. Nitrogen oxides are presumed to be precursors to 

### PMi.s in all PM2

.5 

### nonattainment areas unless the administrative authority demonstrates to the administrator's satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM 2

.5 

### concentrations. Volatile organic compounds and ammonia are presumed not to be precursors to PM2.2 in any PM2 

### .s nonattainment area unless the administrative authority demonstrates to the administrator's satisfaction or EPA demonstrates that emissions ofvolatile organic compounds or ammonia from sources in a specific area are a significant contributor to that area's ambient PMu concentrations.



## voc NOx 

## co

· SOz 

## = volatile organic compounds



## = oxides ofnitrogen

= 

### carbon monoxide sulfur dioxide PM 10 

## = particulate matter of less than l0 microns in diameter PM2

.5 = 

### particulate matter of less than 2.5 microns in diameter

M.-M.3

....

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054. HISTORICAL NOTE: Promulgated by the Department ofEnvironmental Quality, Office ofAir Quality and Radiation Protection, Air Quality Division, LR 19:176 (February 1993), repromulgated LR 19:486 (April 1993), amended LR 19:1420 (November 1993), LR 21:1332 (December 1995), LR 23:197 (February 1997), amended by the Office ofEnvironmental Assessment, Environmental Planning Division, LR 26:2445 (November 2000), LR 27:2225 (December 2001 ), LR 30:752 (April 2004);amended by the Office ofEnvironmental Assessment, LR 30:280 l (December 2004), amended by the Office ofthe Secretary, LegalProposed February 2011 AQ318



### Affairs Division, LR 31:2436 (October 2005), LR 31:3123, 3155 (December 2005), LR 32:1599 (September 2006), LR 33:2082 (October 2007), LR 34:1890 (September 2008), LR 37:**.

§509. Prevention of Significant Deterioration



### A. Applicability Procedures

l.

- 

### 5.

...
B. Definitions. For the purpose ofthis Section, the terms below shall have the meaning specified herein as follows.


# •••

Malfunctions fer J3HFJl9Ses eftflis Seetien, 

### maljimetiens sflall ineluEle any sueR emissiens autherizeEley permit, \'arianee, er the en line eperating aEljustment pre\'isiens efLAC 33 :III.l5Q7.B anEI23Q7.C.2, lmt eJtehule**an~·** 

### emissiens that are net eempliaH! witfl federal er state staHElarEls. Repealed. 

# •••

. Regulated New Source Review (NSRl Pollutanta. any pollutant for which a national ambient air quality standard has been promulgated arul-or any constituents or precursors for stleR-the identified pollutants iEleHtilieEl**a~·** 

### the aaministrati\'e autberity (e.g., "elatile erganie eempeunas ana HitregeH m<iEles are preeursers fer ezene);. Precursors identified by the administrative authority for purposes ofPSD include the following: · 

## i. volatile organic compounds and nitrogen oxides are precursors to

ozone in all attainment and ·unclassifiable areas;

l1. 

### sulfur dioxide is a precursor to PMu in all attainment and unclassifiable areas;

!!1. 

### nitrogen oxides are presumed to be precursors to PMu in all attainment and unclassifiable areas unless the administrative authority demonstrates to the administrator's satisfaction or EPA demonstrates that emissions ofnitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM2 5 

### concentrations; and

iv. volatile organic compounds are presumed not to be precursors to PMu in any attainment or unclassifiable area unless the administrative authority demonstrates to the administrator's satisfaction or EPA demonstrates that emissions ofvolatile organic compounds from sources in a specific area are a significant contributor to that area's ambient PMu concentrations

..Proposed February 2011 AQ318



### b. any pollutant that is subject to any standard promulgated under Section Ill ofthe Clean Air Act;

c. any Class I or II substance subject to a standard promulgated under or established by Title VI ofthe Clean Air Act;-

d. any pollutant that otherwise is subject to regulation under the Clean Air Act; except that any or all hazardous air pollutants**eith~r** 

### listed in Section 112 ofthe Clean Air Act or adde,d to the list in accordance with Section 112(b)(2) ofthe Clean Air Act, which have
not been delisted in accordance with Section !12(b)(3) ofthe Clean Air Act, are not regulated NSR pollutants unless the listed hazardous air pollutant is also regulated as a constituent or ·precursor of a general pollutant listed under Section I08 ofthe Clean Air Act7; or**~** 

### particulate matter (PM) emissions. PM;u emissions, and PM 10 

### emissions shall include gaseous emissions from a source or activity which condense to form particulate
matter at ambient temperatures. On or after January L 2011. such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM.u,, and PM 10 

### in PSD permits. Compliance with emissions limitations for PM, PMu, and PM 10 

### issued prior to this date shall not be based on condensable particular matter. Applicability determinations made prior to this date without accounting for condensable particular matter shall not be considered in violation ofthis Section.



# •••

Significant-.

a. in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

Pollutant Emission Rate Carbon monoxide I00 tons per year (tpy) Nitrogen oxides 40 tpy Sulfur dioxide 40 tpy Particulate matter 25 tpy ofparticulate emissions 15 tpy ofPM 10 emissions I0 tgy ofdirect PM;u emissions: 40 tpy of sulfur dioxide emissions; 40 tpy ofnitrogen Oxide emissions 1 Ozone 40 tpy ofvolatile organic compounds or nitrogen oxides 

### 'Proposed February 2011 AQ318

Pollutant Emission Rate Lead 0.6 tpy Fluorides 3 tpy Sulfuric acid mist 7 tpy Hydrogen sulfide (H2S) 10 tpy Total reduced sulfur 10 tpy (including H2S) Reduced sulfur 10 tpy compounds (including H2S) Municipal waste 0.0000035 tpy combustor organics+l Municipal waste 15 tpy combustor metall1 Municipal waste 40 tpy combustor acid**gases~** Municipal solid waste 50 tpy landfills**emissions ~**  GHGs (as CO,cl:: 75,000 tgy

I 1 Nitrogen oxides are gresumed to be grecursors to

PM2.,2'in all attainment and unclassifiable areas unless the administrative authority demonstrates to the administrator's satisfaction or EPA demonstrates that emissions ofnitrogen oxides from sources in a sgecific area are not a significant contributor to that area's ambient PM2.5 concentrations.

-4-1

Measured as total tetra- through acta-chlorinated dibenzo-p-dioxins and dibenzofurans.**Measured** as particulate matter.**~Measured** as sulfur dioxide and hydrogen chloride. 42Measured as nonmethane organic compounds 6Effective Januaa 2, 20 11·



### b.- 

### c. 

# * * *

C. -AA.l5.b

....

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054. HISTORICAL NOTE: Promulgated by the Department ofEnvironmental Quality, Office ofAir Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:348 (June 1988), LR 16:613 (July !990), amended by the Office ofAir Quality and Radiation Protection, Air Quality Division, LR 17:478 (May 1991 ), LR 21:170 (February 1995), LR 22:339 (May 1996), LR 23:1677 (December 1997), LR 24:654 (Aprill998), LR 24:1284 (July 1998), repromulgated LR 25:259 (February 1999), amended by the Office ofEnvironmental Assessment, Environmental Planning Division, LR 26:2447 (November 2000),LR 27:2234Proposed February 2011 AQ318



### (December 200 l ), amended by the Office ofthe Secretary, Legal Affairs Division, LR 31:243 7 (October 2005), LR 31:3135, 3156 (December 2005), LR 32:1600 (September 2006), LR 32:1843 (October 2006), LR 36:2556 (November 2010), LR 37:**.location on a permanent basis (i.e., at least two years) and that operates at that single location for approximately three months (or more) each year. [Note: Clause b.iii of this definition does not apply to an engine after it is removed from the location.] 

## •••

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

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 19:1420 (November 1993), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2445 (November 2000), LR 28:1950 (September 2002), amended by the Office of the Secretary, Legal Affairs Division, LR 37: Family Impact Statement This Rule has no known impact on family formation, stability, and autonomy as described in R.S. 49:972. Public Hearing A public hearing will be held on March 29,2011, at 1:30 p.m. in the Galvez Building, Oliver Pollock Conference Room, 602 N. Fifth Street, Baton Rouge, LA 70802. Interested persons are invited to attend and submit oral comments on the proposed amendments. Should individuals with a disability need an accommodation in order to participate, contact Donald Trahan at the address given below or at (225) 219-3985. Two hours of free parking are allowed in the Galvez Garage with a validated parking ticket. Public Comments

All interested persons are invited to submit written comments on the proposed regulation. Persons commenting should reference this proposed regulation by AQ317. Such comments must be received no later than April 5, 2011, at 4:30 p.m., and should be sent to Donald Trahan, Attorney Supervisor, Office of the Secretary, Legal Affairs Division, Box 4302, Baton Rouge, LA 70821-4302 or to fax (225) 219-4068 or by e-mail to donald.trahan@la.gov. Copies of these proposed regulations can be purchased by contacting the DEQ Public Records Center at (225) 219-3168. Check or money order is required in advance for each copy of AQ317. These proposed regulations are available on the Internet at www.deq.louisiana.gov/portal/tabid/ 1669/default.aspx.

These proposed regulations are available for inspection at the following DEQ office locations fr,om 8 a.m. until 4:30 p.m.: 602 N. Fifth Street, Baton Rouge, LA 70802; 1823 Highway 546, West Monroe, LA 71292; State Office Building, 1525 Fairfield Avenue, Shreveport, LA 71101; 1301 Gadwall Street, Lake Charles, LA 70615; Ill New Center Drive, Lafayette, LA 70508; II 0 Barataria Street, Lockport, LA 70374; 201 Evans Road, Bldg. 4, Suite 420, New Orleans, LA 70123.

Herman Robinson, CPM Executive Counsel

FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES RULE TITLE: Non-Road Engines

L ESTIMATED IMPLEMENJ'ATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary) There will be no implementation costs or savings to state or local governmental units as a result of the proposed rule. The proposed rule creates a general exemption for "non-road engines," which are currently addressed in the Insignificant Activities (lA) list. It also removes "exhaust emissions" 'from mobile sources from the IA list, as a general exemption for such emissions already exists. Finally, "transportable emissions units" will be deleted from the lA list. As noted above, nonroad engines, a type of transportable emissions unit, will be addressed by a general exemption. Other transportable emissions units should not be considered "insignificant" under the 'existing provision because they are not regulated by Title II ofthe Clean Air Act. IL ESTIMATED EFFECfON REVENUE COLLECf!ONS OF STATE OR LOCAL GOVERNMENTAL UNITS (SununaJ)') There will be no effect on revenue collectiocis of state or local governmental units as a result ofthe proposed rule. Ill. ES11MA TED COSTS AND/OR ECONOMIC BENEFITS TO DIRECfLY AFFECfED PERSONS OR NONGOVERNMENI'At. GROUPS (Summary) There will be no costs amL'or economic benefits to directly affected persons· or non-governmental groups as a result of the proposed fule. IV. ESTIMATED EFFECI' ON COMPETITION ANO EMPWYMENI' (SununaJ)') There will be no effect on competition or employment in the public or private sector as aresult ofthe proposed rule.

Herman Robinson, CPM Executive Counsel 1102#068 Evan Brasseaux StaffDirector Legislative Fiscal Office

NOTICE OF INTENT Department of**Enviro~mental** Quality Office of the Secretary

Pm2.5 NSR Implementation (LAC 33:lll.504 and 509)(AQ318)

Under the authority of the Environmental Quality Act, R.S. 30:200 l et seq., and in accordance with the provisions ofthe Administrative Procedure Act, R.S. 49:950 et seq., the secretary gives notice that rulemaking procedures have been initiated to amend the Air regulations, LAC 33:1ll.504 and 509 (Log #AQ318).

This Rule incorporates the prov1s1ons of the Environmental Protection Agency's (EPA) final rule entitled "Implementation ofthe New Source Review (NSR) Program for Particulate Matter Less than 2.5 Micrometers (PM2.5)", found at 73 FR 28321, May 16. 2008, into the Louisiana air quality regulations. This action also ··addresses concerns raised by the EPA in correspondence dated January 24, 2008. The Clean Air Act requires both major and minor NSR programs to address any pollutant for which there is a National Ambient Air Quality Standard (NAAQS) and precursors to the formation of such pollutant when identified for regulation by EPA. EPA's PM2.5 NSR implementation Rule amends the federal NSR regulations to establish the minimum elements for state programs implementing NSR for the PM2.5 NAAQS and requires states with SIPapproved PSD programs (like Louisiana) to "submit revised PSD programs and revised NNSR programs for PM2.5" by May 16, 2011. By letter dated January 24, 2008, EPA submitted comments on revisions to LDEQ's Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR) rules promulgated on December 20, 2005. LDEQ responded to EPA's concerns on October 6, 658 Louisiana Register Vol. 37, No. 02 February 20, 20112008. In sum, to ensure SIP-approvability of LDEQ's PSD and NNSR regulations, the definition of "malfunctions" will be removed from LAC 33:111.504 and 509 and the reference to LAC 33:111.519 in Section 504 will be replaced with text that parallels the federal rule at 40 CFR 5 I. I65. This rule is also a revision to the Louisiana State Implementation Plan for air quality. The basis and rationale for this rule are to incorporate the prov1s1ons. of EPA's PM2.5 NSR Implementation Rule into the air quality regulations and modify several existing provisions to ensure SIPapprovability. This rule meets an exception listed in R.S. 30:20 I9(0)(2) and R.S. 49:953(0)(3); therefore, no report regarding environmental/health benefits and social/economic
costs is required. ·Title 33 ENVIRONMENTAL QUALITY Part III. Air Chapter 5. Perinit Procedures §504. Nonattainment New Source Review (NNSR) Procedures A.- E.5

.... F. Emission Offsets. All em1ss1on offsets approved by the department shall be surplus, permanent, quantifiable, and enforceable in accordance with LAC 33.111.Chapter 6 and shall meet the following criteria. 1. Except as specified in Subsection M ofthis Section, offsets shall be required at the ratio specified in Subsection L, Table I of this Section. All emission reductions claimed

as offset credit shall be from decreases ofthe same regulated pollutant or pollutant class (e.g., VOC) for which the offset is required, except that direct PM2

.5 emissions or emissions of PM 2
.5 precursors may be offset by reductions in direct PM 2
.5 emissions or emissions of any PM 2

.5 precursor, if such offsets comply with the interprecursor trading hierarchy and ratio established in the approved SIP for a particular nonattainment area.

F.2.

- J.4.b

....

5. Public Participation Requirement for PALs. Procedures to establish, renew, or increase PALs for existing major stationary sources shall be consistent with 40 CFR 51. I60 and 51. I61. These include the requirement tl1at the administrative authority provide the public with notice ofthe proposed approval of a PAL permit and at least 

### a 30-day period for submittal of public comments. The administrative authority shall address all material c'omments before taking final action on the permit. 6.- 15.b

.... K. Definitions. The terms in this Section are used as defined in LAC 33:111. I I I with the exception ofthose terms specifically defined as follows. 

## ••• Malfunctions-Repealed

. 

# ••• Regulated Pollutant-

. a. any pollutant for which a national ambient air quality standard has been promulgated or any constituent or precursor for the identified pollutant, provided that such constituent or precursor pollutant is only regulated under NNSR as part of regulation of the primary pollutant. Precursors identified by the administrative authority for purposes ofNNSR include the following:

659 i. volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone nonattainrnent
areas; ii. sulfur dioxide is a precursor to PM 2

.5 in all PM2.s nonattairunent areas;
111. nitrogen oxides are presumed to be precursors to PM2.s in all PM 2

_ 5 nonattainment areas, unless the administrative**au~hority** demonstrates to the administrator's satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM 2.s concentrations; and iv. volatile organic compounds and ammonia are presumed not to be precursors to PM 25 in any PM2

.5 nonattainment area, unless the administrative authority demonstrates to the administrator's satisfaction or EPA demonstrates that emissions of volatile organic compounds

or ammonia from sources in a specific area are a significant contributor to that area's ambient PM 2

_ 5 ,concentrations. b. PM25 emissions and PM 10 emissions shall include the gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January I, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM 2.s and PM 10 in NNSR permits. 

## ••• Significant-in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate ofemissions that would equal or exceed the lower of any of the following rates or the applicable major modification significant net increase threshold in Subsection L, Table I ofthis Section.

Pollutant · Emission'Rate Carbon 100 tons per year (tpy) monoxide**Nitro~en** oxides 40 lpy Sulfur dioxide 40 lOY

Ozone 40 tpy ofvolatile organic compounds or nitrogen oxides Lead 0.61py PM1o 15 tov

PM2J 10 tpy ofdirect PM2 J emissions; 40 tpy ofsulfur dioxide emissions: 40 tov ofnitrol!en oxide 1 Nitrogen oxides are presumed to be precursors to PMB in all PM2 .5 nonattainment areas unless the adminislrative authority demonstrates to the administrator's satisfaction or EPA demonstrates that emissions ofnitrogen oxides from sources in a specific area are not a significant comributor to that area's ambient PMB concentrations.



## ••• ..

L. Table I-Major Stationary Source/Major Modification Emission Thresholds

Table I Major Stotionarv Source/Maior Modification Emission Thresholds Major Major Stationary Modification Pollutant SOurce Significant Net Offset Ratio Threshold Minimum

VAlues Increase (tons/vear) (tonsfyear)

Ozone Trigger Values VOCINO,**Mar~inal** 100 40(40) I.IOtol

Louisiana Register Vol. 37, No. 02 February 20, 2011Table I Major StatiOrlarv Soun::e/Ma·or Modification Emission Thresholds Major 

# . -- Mijo·r· Stationary ; • Modification Pollutant Source Significant Net Offset Ratio Threshold Minimum

Values Increase ;(tons/year) (tons/year)

Moderate 100 40(40) 1.15 to I 1.20 to I w/LAER or Serious 50 25 3(5)4 1.40 to I internal w/o LAER 1.30 to I w/LAER or Severe 25 25 3(5)4 1.50 to I internal w/o LAER Extreme 10 Any increase 1.50 to I 

### co

Moderate 100 100 >1.00 to I Serious 50 50 >1.00 to I 

### so, 100 40 >l.OOtol PM,o

Moderate 100 15 >1.00 to I Serious 70 15 >1.00 to I PM2/ 100 10 >LOOtol Lead 100 0.6 >1.00 to I

Footnotes I.

- 4.**~** Sulfur dioxide is a precursor to PM2J in all PM2., nonattainment

areas. Nitrogen oxides are presumed to be precursors to PM 2., in all PM2., nonattainment areas unless the administrative authority demonstrates to the administrator's satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PMB concentrations. Volatile organic compounds and ammonia are presumed not to be precursors to PM2 ., in any PM2., nonattainment area unless the administrative authority demonstrates to the administrator's satisfaction or EPA demOnstrates that emissions of volatile organic compounds or ammonia from sources in a specific area are a · significant contributor to that area's_ambient PM1J concentrations.

VOC = volatile organic compounds NOx = oxides ofnitrogen CO = carbon monoxide S02 "' sulfur dioxide PM 10 particulate matter ofless than 10 microns in diameter PM2.5 = particulate matter ofless than 2.5 microns in diameter

M.- M.3

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

HISTORICAL NOTE: Promulgaled by lhe Departmenl of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 19:176 (February 1993), repromulgated LR 19:486 (April 1993), amended LR 19:1420 (November 1993), LR 21:1332 (December 1995), LR 23:197 (February 1997), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2445 (November 2000), LR 27:2225 (December 2001), LR 30:752 {April 2004), amended by the Office ofEnvironmental Assessment, LR 30:2801 (December 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31 :2436 (October 2005), LR 31 :3123, 3155 .(December 2005), LR 32:1599 (Seplember 2006), LR 33:2082 (Oclober 2007), LR 34:1890 (Seplember 2008), LR 37: §509. Prevention of Significant Deterioration

A. Applicability Procedures

I.

- 5.

.. . B. Definitions. For the purpose ofthis Section, the terms below shall have the meaning specified herein as follows. 

### * * * Malfunctions-Repealed. 

### * * *

660 RegulatedNew Source Review (NSR) Pollutanta. any pollutant for which a national ambient air quality standard has been promulgated or any constituent or precursor for the identified pollutant. Precursors identified by the administrative authority for purposes of PSD include the following:

· i. volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas; ii. sulfur dioxide is a precursor to PM2.s in all attainment and unclassifiable areas; 111. nitrogen oxides are presumed to be precursors to PM 2

.5 in all attainment and unclassifiable areas unless the administrative authority demonstrates to the administrator's satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM 2.5 concentrations; and iv. volatile organic compounds are presumed not to be precursors to PM 2

.5 in any attainment or unclassifiable

area unless the administrative authority demonstrates to the administrator's satisfaction or EPA demonstrates that emissions of volatile organic compounds from sources in a specific area are a significant contributor to that area's ambient PM 2

.5 concentrations. b. any pollutant that is subject to any standard promulgated under Section Ill ofthe Clean Air Act;

c. any Class I or II substance subject to a standard promulgated under or established by Title VI of the Clean Air Act; d. any pollutant that otherwise is subject to regulation under the Clean Air Act; except that any or all hazardous air pollutants either listed in Section 112 of the Clean Air Act or added to the list in accordance with Section 112(b)(2) ofthe Clean Air Act, which have not been delisted in accordance with Section 112(b)(3) of the Clean Air Act,

are not regulated NSR pollutants unless the listed hazardous air pollutant is also regulated as a constituent or precursor of

a general pollutant listed under Section 108 of the Clean Air Act; or
e. particulate matter (PM) emissions, PM2.s emissions, and PM 10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January I, 20 II, such condensable particulate matter shall be accounted for in applicability detenninations and in establishing emissions limitations for PM, PM2.s. and PM10 in PSD permits. Compliance with emissions limitations for PM, PM 2_,, and PM 10 issued prior to this date shall not be based on condensable particular matter. Applicability determinations made prior to this date without accounting for condensable particular matter shall not be considered in violation ofthis Section. 

### * * * Significant-

.

a. in reference to a net emissions increase or the potential of a source to emit any ofthe following pollutants,

a rate of emissions that would equal or exceed any of the following rates:

Pollutant Emission Rate Carbon monoxide 100 tons per vear (tov) Nitrogen oxides 40tpy

Louisiana Register Vol. 37, No. 02 February 20, 2011POIIuta"nt · ErilisSion Rate Sui fur dioxide 40 tpy Particulate maner 25 tpy ofparticulate emissions 15 _tpy ofPM1o emissions 10 tpy ofdirect PM2.l emissions; 40.tpy ofsulfur dioxide emissions; 40 tpy of nitro2.en oxide emissions 1 Ozooo 40 tpy ofvolatile organic compounds or nitrogen oxides Lead 0.6 tpy Fluorides 3l!>Y Sulfuric acid mist 7tpy Hydrogen sulfide (H2 S) 10 tpy Total reduced sulfur (including 10 tpy H2S) Reduced sulfur compounds IOtpy (includim.!. H2S) Municipal waste combustor 0.0000035 tpy**or~anics 2**  Municipal waste combustor 15 tpy metals3 Municipal waste combustor 40 tpy acid**gases~** Municipal solid waste landfills emissions' so tpy

GHGs (as CO,et 75,000 tpy

Nitrogen oxides are presumed to be precursors to PMu in all attainment and unc\assifiable areas unless the administrative authority demonstrates to the administrator's satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM 2.l concentrations. 2 Measured as total tetra· through octa-chlorinated dibenzo-p-dioxins and dibenzofurans. 1 Measured as particulate matter.
4 Measured as sui fur dioxide and hydrogen chloride. 'Measured as nonmethane organic compounds
6 Effective Janua_ry 2, 20 JJ·

b.- c. 

# ••• C.- AA.J5.b. AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR · 14:348 (June 1988), LR 16:613 (July 1990), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 17:478 (May 1991), LR 21:170 (February 1995), LR 22:339 (May 1996), LR 23:1677 (December 1997), LR 24:654 (April 1998), LR 24:1284 (July 1998), repromulgated LR 25:259 (February 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2447 (November 2000), LR 27:2234 (December 2001), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2437 (October 2005), LR 31 :3 I35, 3 I56 (December 2005), LR 32: I600 (September 2006), LR 32:1843 (October 2006), LR 36:2556 (November 2010), LR 37: Family Impact Statement This rule has no known impact on family formation, stability, and autonomy as described in R.S. 49:972. Public Hearing A public hearing will be held on March 29, 20 II, at I:30 p.m. in the Galvez Building, Oliver Pollock Conference Room, 602 N. Fifth Street, Baton Rouge, LA 70802. The hearing will also be for the revision to the State Implementation Plan (SIP) to incorporate this rule. Interested persons are invited to attend and submit oral
comments on the proposed amendments. Should individuals with a disability need an accommodation in order to participate, contact Donald Trahan at the. address gtven 661 below or at (225) 219-3985. Two hours of free parking are allowed in the Galvez Garage with a validated parking ticket. Public Comments

All interested persons are invited to submit written
comments on the proposed regulation. Persons commenting should reference this proposed regulation by AQ318. Such comments must be received no later than April 5, 2011, at 4:30 p.m., and should be sent to Donald Trahan, Attorney Supervisor, Office of the Secretary, Legal Affairs Division, Box 4302, Baton Rouge, LA 70821-4302 or to fax (225) 2 I9-4068 or by e-mail to donald.trahan@Ja.gov. Copies of this proposed regulation can be purchased by contacting the DEQ Public Records Center at (225) 219-3168. Check or money order is required in advance for each copy ofAQ3 I8. This regulation is available on the Internet at www.deq.Jouisiana.gov/portaVtabid/1669/default.aspx.

This proposed regulation is available for inspection at the following DEQ office locations from 8 a.m. until 4:30 p.m.: 602 N. Fifth Street, Baton Rouge, LA 70802; 1823 Highway 546, West Monroe, LA 7 I292; State Office Building, I525 Fairfield Avenue, Shreveport, LA 71101; 1301 Gadwall Street, Lake Charles, LA 70615; Ill New Center Drive, Lafayette, LA 70508; II 0 Barataria Street, Lockport, LA 70374; 201 Evans Road, Bldg. 4, Suite 420, New Orleans, LA 70123.

Herman Robinson, CPM Executive Counsel

FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES RULE TITLE: Pm2.5 NSR Implementation

l ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Swnmary) The proposed rule change may result in a minimal increase in Department of Environmental Quality administrative costs associated with reviewing and preparing Prevention of Significant Deterioration (PSD) permits for particulate matter less than 2.5 micrometers (PM2

.5). However, these costs will be offset with the surcharge associated with the PSD permit program. The proposed rule incorporates the Environmental Protection Agency's (EPA) final rule entitled "Implementation of the New Source Review Program for particulate matter less than 2.5 micrometers" into current Louisiana air quality regulations. The proposed rule change also addresses concerns by the EPA and amends existing provisions to match federal law to ensure State Implementation Plan approval. ll. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary) The proposed rule change may result in an indeterminable increase in revenue collections due to receipt of fees associated with PSD permit applications for PM 2

.5• Any additional pennit fees will be deposited into the Environmental Trust Fund. Ill. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DJRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Surrurory) The impact of the proposed rule will be dependent on the nature of each project proposed by an owner or operator of a major stationary source. Relevant factors include the PM 2• 5, S02, and NOx emissions associated with the proposed project,

as well as any other projects contemporaneous with the proposed project. When Prevention of Significant Deterioration (PSD) review is required, the selection ofbest available control technology (BACT) is a case-by-case determination that · Louisiana Register Vol. 37, No. 02 February 20, 2011accounts for energy, environmental, and economic impacts. The need for post-construction monitoring is dependent on the results of the air quality modeling analyses and the location of the facility in question. Therefore, it is not possible to provide a specific cost estimate for each individual permit review. IV. ESTIMA lED EFFEIT ON COMPETITION AND EMPLOYMENf (Summary) There is no estimated effect on competition or employment in the public or priVate sector because ofthe proposed rule.

Herman Robinson, CPM Executive Counsel Evan Brasseaux StaffDirector Legislative Fiscal Office II 02#069

NOTICE OF INTENT
Board ofTrustees of the Firefighters' Pension and Relief Fund

Tax Qualification Provisions (LAC 58:V.2001)

The Board of Trustees of the Firefighters' Pension and Relief Fund for the City of New Orleans ("fund"), pursuant to R.S. II :3363(F), proposes to restate and amend LAC 58:V. The restatement and amendment adds a Chapter 20 to address federal tax qualification issues. All currently stated rules ofthe fund, unless amended herein, shall remain in full force and effect. Title 58 RETIREMENT Part V. Firefighters' Pension and Relief Fund

. for the City of New Orleans and Vicinity Chapter 20. Tax Qualification Provisions §2001. General Provisions

A. The New Orleans Firefighters Pension and Relief Fund shall be a tax-<Jualified governinental plan as provided in the Internal Revenue Code of 1986, as amended. In accordance with the requirements of the Internal Revenue Code, the following provisions shall apply to the fund: I. The assets of the fund shall be held for the exclusive benefit of the members of the fund, the .retirees thereof, and the survivors and beneficiaries of the retirees and members. No part ofthe funds held by the trustees ofthe fund shall be used or diverted for any reason, including any contingency or event or by any other means, to other purposes, including but not limited to reversion to any employer. 2. The retirement benefit of a member shall be fully vested and nonforfeitable no later than the date on which he· becomes eligible to retire. Benefits of members shall also become vested and nonforfeitable upon the tennination of the fund. or the complete discontinuance of contributions to the system. 3. Forfeitures shall not be used to increase the benefits ofthe remaining members ofthe fund. This shall specifically not preclude any increase in benefits by amendment to the benefit formula made possible by a change in contribution rate, favorable investment results, or other means. 4. A member's benefit shall begin to be distributed not

.later than the latest date provided for the commencement of benefits for governmental plans under Section 40l(a)(9)(C) of the Internal Revenue Code of 1986, as amended.

· Distributions to a surviving spouse, dependent, successor

and/or beneficiary of a ni.ember shall be made at least ·as
662 soon as distributions are required to be made by qualified governmental plans under the Internal Revenue Code of 1986, as amended. Benefits payable shall be limited in accordance with IRC Section 415 and applicable Treasury Regulations as applied to governmental plans. 5. In computing benefit accruals, there shall not be taken into account compensation in excess ofthe limitations specified in Section 40l(a)(l7) of the Internal Revenue Code, as amended. Such compensation limit was two hundred thousand dollars for tax years beginning after December 31, 2001 6. The fund, its trustees, consultants, and advisors shall not engage in any prohibited transactions as that term is defined in Section 503 of the Internal Revenue Code of 1986, as amended.

AUTHORITY NOTE: Promulgated in accordance with R.S. II :3363.

HISTORICAL NOTE: Promulgated by the Board of Trustees of the Firefighters' Pension and Relief Fund for the City of New Orleans and Vicinity, LR 37: Public Comments Any interested person may submit written comments regarding the content of this proposed Rule change to Richard J. Hampton, Jr., Secretary-Treasurer and Executive Officer of the Board of Trustees, 3520 General DeGaulle Suite 300I, New Orleans, LA, before 5 p.m., March 20: 2010. Family Impact Statement I. Estimated Effect on the Stability of the Family. There is no estimated effect on the stability ofthe family. 2. Estimated Effect on the Authority and Rights of Parents Regarding the Education and Supervision of their Children. There is no estimated effect on the authority and nghts of parents regarding the education and supervision of their children. 3. Estimated Effect on the Functioning of the Family. There is no estimated effect on the functioning ofthe family.· 4. Estimated Effect on Family Earnings and Family Budget. There is no estimated effect on family earnings and family budget. 5. Estimated Effect on the Behavior and Personal Responsibility of Children. There is no estimated effect on the behavior and personal responsibility ofchildren. 6. Estimated Effect on the Ability of the Family or a Local Government to Perform the Function as Contained in the Proposed Rule. There is no estimated effect on the ability of the family or a local government to perform the function

as contained in the proposed Rule.

Louis L. Robein Fund Attorney

FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES RULE TITLE:. Tax Qualification Provisions

I. ESTIMA lED IMPLEMENTATION COSTS (SAVINGS) TO STAlE OR LOCALGOVERNMENfUNITS (Surnrrruy) No significant implementation costs are anticipated to result from the proposed new rule. The New Orleans Firefighters' Pension and Relief Fund is publishing rules with respect to permitted benefits distribution and fund governance. The rules are being established in order to comply with the

Louisiana Register Vol. 37, No. 02 Febroary 20, 2011

# Attachment BUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGIONS



### Mr. Donald Trahan 1445 ROSS AVENUE, SUITE 1200 DALLAS TX 75202-2733 

# APR 05 2011

Louisiana Department of Environmental Quality Office 

### ofthe Secretary Legal Affairs Division P.O. Box. 4302 Baton Rouge, LA 70821-4302

RE: EPA Comments on Proposed AQ318- LAC 33:111:504 and 509

Dear Mr. Trahan:

Thank you for the oppo11unity to review the proposed Louisiana Department of 

### Environmental Quality PMu New Source Review (NSR) Implementation Rule at Louisiana f..ir Code, Title 33, 

### Part Jll, 

### Sections 504 and 509. The proposed rulemaking revises the Louisiana air regulations and the Louisiana State Implementation Plan to incorporate provisions to ensure consistency with tlte 

### Environmental Protection Agency's (EPA) final rule entitled "Implementation ofthe New Source Review (NSR) Program for Particulate Matter Less than'2.5 Micrometers (PM 2

.5) 

### ''published on May 16, 2008 (see 73

. FR 

### 28321).

.
We 

### are supportive ofthe proposed rule revisions; however, please note that there are several significant differences between the proposed Louisiana provisions and the federal PM2.5 rule. These areas ofdifference must be corrected for the 'Louisiana program to implement the PM 2

.5 

### rule as EPA intended. Please note that our comments today do not constitute final determinations concerning approvability of the 

### revisions to the 

### Louisiana Air Code. We appreciate LDEQ's efforts to update the 

### NSR program and your willingness to consult with EPA Region 

### 6 throughout this process. We look forward'to future collaboration with LDEQ on the implementation ofthe PM 2.s 

### rule. Ifyou have any questions about the PM2.5 rule, or about EPA's review ofyour proposed rulemaking, please feel free to 

### contact met at 214- 665-6435 or contact Ms. Melanie Magee of

### my staffat 214-665-7161.

Enclosure

cc: Mr. Bryan Johnston Sincerely yours, 

# Y**~** e!:-:::::--1

Jeff Robinso11 Chief Air Pc1mits Section

Louisiana Department of Environmental Quality

Internet Address tURL) • http://www.epa.g0\l/reglon6 Recyclod/Rocyc:lable • Printed with Vegetable Oil Based Inks on 100% Ae<;yclad Paper, Process ChlOrine Free

### Enclosure



## r. Within the proposed changes to LAC 33:lll:504, a broad reference is included to Subsection M of Section 504. Please note that Subsection M has not been approved into Louisiana's State Implementation Plan (SIP). EPA has previously discussed our concerns related to Subsection M with LDEQ and EPA has stated in the past that severe area levels should apply for the Baton Rouge nonattainment area under South Coast's anti-backsliding regulations. However, we do note that ifBaton Rouge is redesignated to attainment for the 8-hour standard, PSD would apply. Because ofthe previously discussed concerns with Subsection M, a broad reference may not be approvable.

2. The revisions to LAC 33:lll:504 and LAC 33:III:509 repeal the definition of"malfunction". Please confirm that the "malfunction" definition of Section Ill remains unchanged.

3. Several references·are included within the proposed revisions that are related to the changes establishing the greenhouse gas thresholds. Please note our letter today does not provide commentary on LDEQ's greenhouse gas regulatory actions. Please refer to EPA's comments provided on November 24, 2010 regarding LDEQ's proposed adoption and implementation of EPA's final rule "Prevention ofSignificant Deterioration and Title V Greenhouse Gas Tailoring Rule" published on June 3, 20I0.

4. The changes proposed to the definition ofRegulated Pollutant 

### in LAC 33:III:504(b) do not include all ofthe federal definition language. Specifically, the proposed definition does not include the following:

"

...Compliance with emissions limitations ofPM2

### .s and PM 10 

### issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions ofthe permit or the applicable implementation plan. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation ofthis section unless the applicable implementation plan required condensable particulate matter to be included."

Please explain why the proposed definition ofRegulated Pollutant 

### does not contain the additional federal definition language.

# Attachment C ·

### COMMENT

RESPONSE

COMMENT Comment Summary Response & Concise Statement

### PM2.s NSR Implementation LAC 33:111.504 and 509

Log Number AQ318 Page 1 of 4 A0318



### 1: ·The proposed changes to LAC 33:111.504 references Subsection M of this Section, which is not an approved part of Louisiana's State Implementation Plan (SIP). EPA previously stated that
severe area levels should apply to Baton Rouge nonattainment
area under South 

### Coast's anti-backsliding regulations. EPA notes that if Baton Rouge is redesignated to attainment for the 8-hour standard, Prevention of Significant Deterioration (PSD) would apply. Based on EPA's concerns with Subsection M of this Section, a broad reference may not be approvable.

No arguments necessary; comment does not suggest amendment
or change.

1: LDEQ acknowledges EPA's comment.

LDEQ notes that on February 10, 2010, EPA determined that the Baton Rouge Nonattainment Area (BRNA) has attained the 1- hour ozone NAAQS pursuant to the agency's Clean Data Policy (see 75 FR 6570), and on September g, 2010, EPA determined that the BRNA has attained the 19978-hour ozone NAAQS (75 FR 54778).

The BRNA is classified as "moderate" (effective April 21, 2008) with respect to the 8-hour ozone NAAQS. However, LAC 33:111.504.M sets the "major stationary source" definition at 50 TPY of NOx or VOC and the significant net emissions increase

.threshold at 25 TPY of NOx and/or VOC for the purpose of determining whether offsets are required. In this way, LDEQ's NNSR rules are more stringent than the Clean Air Act requires based on the area's 8-hour designation.

2: The revisions to LAC 33:111.504 and 509 repeal the definition of malfunction. 

### The commenter would like for LDEQ to confirm that the definition of malfunction 

### in Section 111 remains unchanged.

No arguments necessary; comment does not suggest amendment

• indicates a fast-track regulation

.

### RESPONSE

COMMENT

RESPONSE

COMMENT

RESPONSE or change.

2: The definition of "malfunction" in LAC 33:111.111 remains unchanged. Page 2 of4 AQ318



### 3: With regards to changes establishing greenhouse gas thresholds, the present comments do not provide commentary on LDEQ's greenhouse gas regulatory actions. Refer to EPA's comments provided on November 24, 2010, regarding LDEQ's proposed adoption and implementation of EPA's final rule "Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule" published on June 3, 2010.

No arguments necessary; comment does not suggest amendment
or change.

3: LDEQ acknowledges EPA's comment.

4: The changes proposed to the definition of Regulated Pollutant 

### in LAC 33:111.504(b} do not include all of the federal definition language. Specifically, the proposed definition does not include the following:

"

... Compliance with emissions limitation of PM2.s and PM1o issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of this section unless the applicable implementation plan required condensable particulate matter to be included."
Explain why the proposed definition does not contain the

. additional federal language.

No arguments necessary; comment does not suggest amendment
or change.

4: LDEQ will add the following text to LAC 33:111.504.K.Regu/ated Pollutant.b:

• indicates a fast-track regulationPage 

### 3 of 4 AQ318 

### Compliance with emissions limitations for PM 2

.5 

### and PM 10 

### issued prior to this date shall not be based on condensable particulate matter. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of this Section.

This text parallels the federal rule at 40 CFR 51.165(a)(1 )(xxxvii)(D).

Note that the Louisiana SIP has not previously required condensable particulate matter to be accounted for in emissions limitations or applicability determinations for PM 2

.5 

### and PM 10

.

• indicates a fast-track regulationI



### Comment Summary Response 

### & Concise Statement 

### PM2.s NSR Implementation



### COMMENT#



## 1 - 4

Total Commenters: 1 Total Comments: 4

• indicates a fast-track r_egulation 

### LAC 33:111.504 and 509 Log Number AQ318



### SUGGESTED BY

Jeff Robinson

- EPA Region 6 Page 4 of 4 AQ318

# Attachment D

### Citation 

## List of Technical Amendments AQ318 PM 2.5 

## NSR Implementation

(LAC 33:111.504 and 509)

Amendment



### 1. §504.K.Regulated Pollutant.b 

### added text



### 2. §509.B.New Source Review (NSR) Pollutant.e 

### · changed text



### 3. §509.B.Significant.a 

### deleted text, changed text

I

# Attachment E

### FINAL RULE with Technical Amendments/June 20, 2011



## Title 33 

## ENVIRONMENTAL QUALITY
Part III. Air

Chapter 5. Permit Procedures

§504. Nonattainment New Source Review (NNSR) Procedures

A.- 

### E.5

.... AQ318

F. Emission Offsets. All emission offsets approved by the department shall be surplus, permanent, quantifiable, and enforceable in accordance with LAC 33.III.Chapter 6 and shall meet the following criteria.

1. Except as specified in Subsection M ofthis Section, offsets shall be reguired at the ratio specified in Subsection L, Table 1 ofthis Section. All emission reductions claimed as offset credit shall be from decreases ofthe same regulated pollutant or pollutant class (e.g., VOC) for which the offset is required, except that direct PM2.s emissions or emissions ofPM2 s precursors may be offset by reductions in direct PM,.s emissions or emissions ofany**PM2.~** 

### precursor, if such offsets comply with the intemrecursor trading hierarchy and ratio established in the approved SIP for a particular nonattainment area.·IIlteFJleliHtant trading, fer eJ<ample Hsing a**~10,** 

### eredit te offset

a VOC emission inerease, is net allowed. ea<eept as speeified in SHeseetien M efthis Seetien, offsets shall ee reqHired at the ratio speeified in SHeseetien 

### L, Tallie 

### I efthis Seetion.

F.2.- J.4.b.

5. Public Participation Requirement for PALs. Procedures to establish, renew,
or increase PALs for existing major stationary sources shall be the same as the proeedHres fer pefffiit issHanee in aeeordanee v,.ith 

### LAC 33:III.519consistent with 40 CFR 51.160 and 51.161. These include the requirement that the administrative authority provide the public with notice of the proposed approval ofa PAL permit and at least a 30-day period for submittal ofpublic comments. The administrative authority shall address all material comments before taking final action on the permit.



### 6.- 15.b.

K. Definitions. The terms in this Section are used as defined in LAC 33:III.l11 with the exception ofthose terms specifically defined as follows.


## * * 

# *
Ua/:fia!etiens fer pHi-poses ofthis Seetion, 

### mal:fimetiens shall inelHde any SHeh emissions aHthorized ll)' pefffiit, Yarianee, or the on line operating adjHstment provisions of

### LAC 33:III.l507.B and 2307.C.2, eHt eJ<SIHde aH)' 

### emissions that are not eompliant with federal or state standards. Repealed.

### FINAL RULE with Technical Amendments/June 20, 2011 AQ318



# * * 

# *
Regulated Pollutant any air pelh:ltant, the emissien OF 

### ambient concentration ofwhich is regulated in accOFdance with the Clean Air Act.



### a. any pollutant for which a national ambient air quality standard has been promulgated or any constituent or precursor for the identified pollutant, provided that such constituent or precursor pollutant is only regulated under NNSR as part ofregulation ofthe primary pollutant. Precursors identified by the administrative authority for purposes ofNNSR include the following:



### !., volatile organic compounds and nitrogen oxides are precursors to

ozone in all ozone nonattainment areas;

n. sulfur dioxide is a precursor to PM2.s in all PM2.s nonattainment

!l.L 

### nitrogen oxides are presumed to be precursors to PM2s in all PMu nonattainrnent areas, unless the administrative authority demonstrates to the administrator's satisfaction or EPA demonstrates that emissions ofnitrogen oxides from sources in a specific area
are not a significant contributor to that area's ambient PM2.2 concentrations; and

iv. volatile organic compounds and ammonia are presumed not to be precursors to PM_u in any PM2 5 

### nonattainment area, unless the administrative authority demonstrates to the administrator's satisfaction or EPA demonstrates that emissions ofvolatile organic compounds or ammonia from sources in a specific area are a significant contributor to that area's ambient PM2 s concentrations.

b. PM.u emissions and PM!Q emissions shall includethe gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January 1, 

### 2011, such condensable particulate matter shall be accounted for in applicabilitx determinations and in establishing emissions limitations for PM2.s and PM 1

### oin NNSR permits. Compliance with emissions limitations for PM.u and PM10 issued prior to this date shall not be based on condensable particulate matter. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation ofthis Section.


# * * *
Significant-in reference to a net emissions increase or the potential of a source to emit any ofthe following pollutants, a rate ofemissions that would equal or exceed the lower ofany ofthe following rates or the applicable major modification significant net increase threshold in Subsection L, Table 1 of this Section.

### FINAL RULE with Technical Amendments/June 20, 2011 AQ318

Carbon monoxide 100 tons per year (tpy) Nitrogen oxides 40 tpy Sulfur dioxide 40 tpy

Ozone 40 tpy ofvolatile organic compounds or**nitro~en** oxides Lead 0.6 tpy PM10 li..!J1y 1 0 !J1Y ofdirect PM2.s emissions;
PM,.s 40 !J1Y of sulfur dioxide emissions; 40**tQ~** ofnitrogen oxide'
1Nitrogen oxides are gresumed to be grecursors to PM2 5 in all PM2.5 nonattainment areas unless the administrative**authori~** demonstrates to the administrator's satisfaction or EPA demonstrates that emissions ofnitrogen oxides from sources in a SQecific area are not a significant contributor to thcit area's ambient PM,, 5 concentrations.


# * • •

L. Table !-Major Stationary Source/Major Modification Emission Thresholds

. 

### ' Table•! Major Stationary Sourcef!V!ajor Modification Emission Thresholds · Major 

## .. ' ' Major**Station~ry** Modification Pollutant Source· siji'n.ifi'C.i'ni" ·Offset Ratio Threshold Net Increase**Minimu~**

Values (tons/year) (tons/year) Ozone Trigger Values VOC/NO,

Marginal 100 40(40)" l.lOto 1 Moderate 100 40(40)' l.l5to 1 Serious 50 25'(5) 1.20 to I w/LAERor

1.40 to 1 internal w/o LAER Severe 25 25'(5)' 1.30 to 1 w/LAERor

1.50 to 1 internal w/o LAER Extreme 10 Any increase 1.50 to 1 

## co

Moderate 100 100 >1.00 to 1 Serious 50 50 >1.00 to 1 

## so, 100 40 >1.00 to 1 PM10

### FINAL RULE with Technical Amendments/June 20, 2011

Footnotes I.

- 

### 4

.... " ·**,T~ble** 

### ,I

. - " • Major-Stationary,Source/Major Modification Emission



## ·- · ' · ·.'- ·. "" Thi-eitioicts:' ·: -. ,_ ·. ·- · ·

Pollutant

Moderate

.Serious PM 2} Lead · · '.:Major.·-'

- ·_,, -.. -. ·Statio_n'a_'ry"' · ' Major· ·, Modification Sotirce · · · · Significa'nt Thresliold': · . Netincrease

# (to~i~~:~~; · ..._·

# ~?siY~af>: 100 15 70 15 100 10 100 0.6 Offset Ratio

### Miniin.~m

>1.00 

### to I

> 1.00 to I >1.00 

### to I >l.OOtol 

### AQ318

5 

### Sulfur dioxide is a precursor to PMz 5 

### in all PM, 5 

### nonattainrnent areas. Nitrogen oxides are presumed to be precursors to PM, 5 

### in all PM,_5 

### nonattainment areas unless the administrative authority demonstrates to the administrator's satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PMu concentrations. Volatile organic compounds and ammonia are presumed not to be precursors to PM2s in any PM, 5 

### nonattainrnent area unless the administrative authority demonstrates to the administrator's satisfaction or EPA demonstrates that emissions ofvolatile organic compounds or ammonia from sources in a specific area are a significant contributor to that area's ambient PM, 5 

### concentrations.

VOC 

## = volatile organic compounds NOx = 

### oxides ofnitrogen CO = 

### carbon monoxide S02 = 

### sulfur dioxide PM 10 

# = particulate matter ofless than 10 microns in diameter PM25 = 

### particulate matter ofless than 2.5 microns in diameter

M.-M.3.

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054. HISTORICAL NOTE: Promulgated by the Department ofEnvironmental Quality, Office ofAir Quality and Radiation Protection, Air Quality Division, LR 19:176 (February 1993), repromulgated LR 19:486 (April1993), amended LR 19:1420 (November 1993), LR 21:1332 (December 1995), LR 23:197 (February 1997), amended by the Office ofEnvironmental Assessment, Environmental Planning Division; LR 26:2445 (November 2000), LR 27:2225 (December 2001), LR 30:752 (April2004), amended by the Office ofEnvironrnental Assessment, LR 30:2801 (December 2004), amended by the Office ofthe Secretary, Legal Affairs Division, LR 31 :2436 (October 2005), LR 31:3123, 3155 (December 2005), LR 32:1599 (September 2006), LR 33:2082 (October 2007), LR 34:1890 (September 2008), LR 37:**-

§509. Prevention of Significant Deterioration

### FINAL RULE with Technical Amendments/June 

### 20,2011 AQ318



### A. Applicability Procedures

1.

- 

### 5

....

B. Definitions. For the purpose ofthis Section, the terms below shall have the meaning specified herein as follows.


# * * *

Ma/fulielirms for Jlllfjleses eftllis Seetiea, malfuneliens sllall iaelllcle any sl!ell emissieas al!tllerizecl B)' 

### permit, varianee, er tile ea liae eperatiag aEijllstmeat previsieas ef LAC 33:III.l507.B ancl2307.C.2, 

## Bllt eKelllcle any emissieas tllat are aet eempliaat witll federal er state standards. Repealed. 

# * * *.

RegulatedNew Source Review (NSRl Pollutanta. any pollutant for which a national ambient air quality standard has been promulgated and 

### or any constituents or precursors for sooh the identified pollutants iEieatifiecl 

### B)' tile aclmiaistrative aatllerity (e.g., volatile erganie eempellf!cls anclaitregea Slticles are preellrsers for ezeae);. Precursors identified by the administrative authority for pumoses ofPSD include the following:


## i. volatile organic compounds and nitrogen oxides are precursors to

ozone in all attainment and unclassifiable areas;

!k 

### sulfur dioxide is a precursor to PM15 

### in all attainment and unclassifiable areas;

· iii. nitrogen oxides are presumed to be precursors to PM, 5 

### in all attainment and unclassifiable areas unless the administrative authority demonstrates to the administrator's satisfaction or EPA demonstrates that emissions ofnitrogen oxides from sources in

a specific area are not a significant contributor to that area's ambient PM,_5 

### concentrations; and

lV. VOlatile organic COmpoundS are presumed not to be preCurSOrS to PM,_5 

### in any attainment or unclassifiable area unless the administrative authority demonstrates to the administrator's satisfaction or EPA demonstrates that emissions ofvolatile organic compounds from sources in a specific area are a significant contributor to that area's ambient PM,. 5 

### concentrations;

b. any pollutant that is subject to any standard promulgated under Section Ill ofthe Clean Air Act;

c. any Class I or II substance subject to a standard promulgated under or established by Title VI ofthe Clean Air Act; er

### FINAL RULE with Technical Amendments/June 

### 20, 2011 AQ318



### d. any pollutant that otherwise is subject to regulation under the Clean Air Act; except that any or all hazardous air pollutants either listed in Section 112 ofthe Clean Air Act or added to the list in accordance with Section 112(b)(2) ofthe Clean Air Act, which have not been delistedin accordance with Section 112(b)(3) ofthe Clean Air Act, are not 

### regulatedNSR pollutants unless the listed hazardous air pollutant is also regulated as a constituent or precursor of

a general pollutant listed under Section 108 ofthe Clean Air**Ach~**

s;_,_ 

### particulate matter (PM) emissions, PM 15 

### emissions, and PM 1 oemissions shall include gaseous emissions from a source or activitv which condense to form particulate ·matter at ambient temperatures. On or after January 1, 2011, such condensable particulate matter

shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PMu, and PM1o in PSD permits. Compliance with emissions limitations for PM, PM:u. and PM 10 

### issued prior to this date shall not be based on condensable ]3artieulamarticulate matter. Applicability determinations made prior to this date without accounting for condensable ]3artielllamarticulate matter shall not be considered in violation ofthis Section.


# * * *
Significanta. in reference to a net emissions increase or the potential of a source to emit any ofthe following pollutants, a rate ofemissions that would equal or exceed any ofthe following rates:**~i** 

## ..**~~fPOIIUi&if~::.,~~~ ·.a~-EffiiSSiOn>RatC~!~·i**  Carbon monoxide I00 tons per year (tpy) Nitrogen oxides 40 tpy Sulfur dioxide 40 tpy Particulate matter 25 tpy ofparticulate emissions 15 tpy ofPM 10 emissions I0 tpy ofdirect PM 2.s emissions; 40 tpy of 

### sulfur dioxide emissions; 40 tpy ofnitrogen oxide emissions 1
Ozone 40 tpy ofvolatile organic compounds or nitrooen oxides Lead 0.6 tpy Fluorides 3 tpy Sulfuric acid mist 7 tpy Hydrogen sulfide (H 2S) 10 tpy Total reduced sulfur 10 tpy (including H2S)

### FINAL RULE with Technical Amendments/June 

### 20, 2011 AQ318**~** 

### •**i~~-L~:;· ·P.Olllltallt~** **::.~:f··~:** 

### ··**~-** 

### ;EmiSSiOh- Rate.{,>-·_':/ Reduced sulfur 10 tpy compounds (including H,S) Municipal waste combustor organics+l. 0.0000035 tpy
Municipal waste combustor**metals~ 1**  15 tpy
Municipal waste 40 tpy combustor acid gasesl! Municipal solid waste landfills emissions41 50 tpy

CHCs (as 

### GO , GHGs and GHGs as 0 tpy and 75,000 tpy, 

# co,e respectively'"
1 Nitrogen oxides are nresumed to be grecursors to PM;u in all attainment and unclassifiable areas unless the administrative authori!Y demonstrates to the administrator's satisfaction or EPA demonstrates that emissions ofnitrogen oxides from sources in a sgecific area are not a significant contributor to that area's ambient PMu concentrations.**·~Measured** as total tetra- through octa-chlorinated

dibenzo-p-dioxins and dibenzofurans.

' 1Measured as particulate matter. 01Measured as sulfur dioxide and hydrogen

chloride. +iMeasured as nonmethane organic compounds. ' ll!feeti\'e Ja.mary 2, 2Q II '!iBoth ofthe following conditions must be met: (I)

the net emissions increase of GHGs calculated as the sum ofthe six GHGs on a mass basis (i.e., no global warming potentials applied) equals or exceeds 0 tpy; and (2) the net emissions increase ofGHGs calculated as the sum ofthe six GHGs

on a co,e basis (i.e., global warming potentials applied) equals or exceeds 75,000 tpy co,e.



### b.- d

.... 

# •••

C. -AA.l5.b

....
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054. HISTORICAL NOTE: Promulgated by the Department ofEnvironmental Quality, Office ofAir Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:348 (June 1988), LR 16:613 (July 1990), amended by the Office ofAir Quality and Radiation Protection, Air Quality Division, LR 17:478 (May 1991 ), LR 21:170 (February 1995), LR 22:339 (May 1996), LR 23:1677 (December 1997), LR 24:654 (April1998), LR 24:1284 (July 1998), repromulgated LR 25:259 (February 1999), amended by the Office of Environmental



## .,

### FINAL RULE with Technical Amendments/June 20, 2011 

### AQ318

Assessment, Environmental Planning Division, LR 26:2447 (November 2000), LR 27:2234 (December 2001 ), amended by the Office ofthe Secretary, Legal Affairs Division, LR 31 :2437 (October 2005), LR 31:3135, 3156 (December 2005), LR 32:1600 (September 2006), LR 32:1843 (October 2006), LR 36:2556 (November 2010), LR 37:**.

nLouisiana Register Vol. 37, No. 06 June 20, 2011 1568

revision of the plan shall be approved and filed in the same manner. The plans shall be reviewed by the permit holder annually, and updated if necessary, or when implementation demonstrates that a revision is needed. b.

... c. Requirements for Emergency Response Plan i. The emergency response plan shall describe the actions facility personnel must take in response to accident, fire, explosion, or other emergencies. ii. If the owner or operator has already prepared an emergency response plan or contingency plan, he need only amend that plan to incorporate solid waste management provisions that are sufficient to comply with these requirements as applicable. iii. The plan must designate those fire departments or mutual aid societies, emergency medical services agencies, and hospitals with which the facility will coordinate emergency services. iv. For fire departments or mutual aid societies, the applicable response requirement shall be that of operations level responder from the National Fire Protection Association, Standard 472, or other appropriate requirement from an applicable National Fire Protection Association standard. At least one person trained to this level shall respond in any incident requiring activation of emergency response services.

v. For emergency medical services (EMS), the response requirement shall be that of emergency medical technician

 basic, or equivalent. At least one person trained to this level shall respond in any incident requiring activation of EMS. vi. The plan must include a list of all emergency equipment (where required) at the facility, such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment. This list must be kept up to date. In addition, the plan must include the location and a physical description of each item on the list and a brief outline of its capabilities. vii. The plan shall include an evacuation plan for facility personnel. The plan must describe signals to be used to begin evacuation, evacuation routes, and alternate

evacuation routes. viii. The plan shall include emergency notification procedures required in LAC 33:I.Chapter 39. d. The provisions of this Paragraph shall not apply if the applicant demonstrates that he meets the response requirements of the applicable sections of the National Fire Protection Association standards, in accordance with LAC 33:VII.513.B.4. D.

- D.3.

... AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 et seq. HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 19:187 (February 1993), amended LR 20:1001 (September 1994), LR 22:280 (April 1996), amended by the Office of the Secretary, LR 24:2252 (December 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2528 (November 2000), repromulgated LR 27:705 (May 2001), amended by the Office of Environmental Assessment, LR 30:2026 (September 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2496 (October 2005), LR 33:1073 (June 2007), LR 33:2151 (October 2007), LR 37: 1567 (June 2011).
Herman Robinson, CPM Executive Counsel 1106#047

**RULE Department of Environmental Quality**  **Office of the Secretary**

PM2.5 NSR Implementation (LAC 33:III.504 and 509)(AQ318)
Under the authority of the Environmental Quality Act, R.S. 30:2001 et seq., and in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., the secretary has amended the Air regulations, LAC 33:III.504 and 509 (Log #AQ318). This Rule incorporates the provisions of the Environmental Protection Agency's (EPA) final R ule entitled "Implementation of the New Source Review (NSR) Program for Particulate Matter Less than 2.5 Micrometers (PM2.5)", found at 73 FR 28321, May 1 6. 2008, into the Louisiana air quality regulations. This action also addresses concerns raised by the EPA in correspondence dated January 24, 2008. The Clean Air Act requires both major and minor NSR programs to address any pollutant for which there is a National Ambient Air Quality Standard (NAAQS) and precursors to the formation of such pollutant when identified for regulation by EPA. EPA's PM2.5 NSR implementation Rule amends the federal NSR regulations to establish the minimum elements for state programs implementing NSR for the PM2.5 NAAQS and requires states with SIP

-approved PSD programs (like Louisiana) to "submit revised PSD programs and revised NNSR programs for PM2.5" by May 16, 2011. By letter dated January 24, 2008, EPA submitted comments on revisions to LDEQ's Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR) rules promulgated on December 20, 2005. LDEQ responded to EPA's concerns on October 6, 2008. In sum, to ensure SIP

-approvability of LDEQ's PSD and NNSR regulations, the definition of "malfunctions" will be removed from LAC 33:III.504 and 509 and the reference to LAC 33:III.519 in Section 504 will be replaced with text that parallels the federal rule at 40 CFR 51.165. This R ule is also a revision to the Louisiana State Implementation Plan for air quality. The basis and rationale for this R ule are to incorporate the provisions of EPA's PM2.5 NSR Implementation Rule into the air quality regulations and modify several existing provisions to ensure SIP

approvability. This rule meets an exception listed in R.S. 30:2019(D)(2) and R.S. 49:953(G)(3); therefore, no report regarding environmental/health benefits and social/economic costs is required. **Title 33**

**ENVIRONMENTAL QUALITY**

**Part III. Air**  **Chapter 5. Permit**  **Procedures §504.**  **Nonattainment New Source Review (NNSR) Procedures**  A.

- E.5.

...Louisiana Register Vol. 37, No. 06 June 20, 2011 1569 F. Emission Offsets. All emission offsets approved by the department shall be surplus, permanent, quantifiable, and enforceable in accordance with LAC 33.III.Chapter 6 and shall meet the following criteria. 1. Except as specified in Subsection M of this Section, offsets shall be required at the ratio specified in Subsection L, Table 1 of this Section. All emission reductions claimed as offset credit shall be from decreases of the same regulated pollutant or pollutant class (e.g., VOC) for which the offset is required, except that direct PM2.5 emissions or emissions of PM2.5 precursors may be offset by reductions in direct PM2.5 emissions or emissions of any PM2.5 precursor, if such offsets comply with the interprecursor trading hierarchy and ratio established in the approved SIP for a particular nonattainment area. F.2.

- J.4.b.

... 5. Public Participation Requirement for PALs. Procedures to establish, renew, or increase PALs for existing major stationary sources shall be consistent with 40 CFR 51.160 and 51.161. These include the requirement that the administrative authority provide the public with notice of the proposed approval of a PAL permit and at least a 30

-day period for submittal of public comments. The administrative authority shall address all material comments before taking final action on the permit. 6.

- 15.b.

... K. Definitions. The terms in this Section are used as defined in LAC 33:III.111 with the exception of those terms specifically defined as follows. * * * Malfunctions

—Repealed.

* * * Regulated Pollutant

— a. any pollutant for which a national ambient air quality standard has been promulgated or any constituent or precursor for the identified pollutant, provided that such constituent or precursor pollutant is only regulated under NNSR as part of regulation of the primary pollutant. Precursors identified by the administrative authority for purposes of NNSR include the following: i. volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone nonattainment areas; ii. sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment areas; iii. nitrogen oxides are presumed to be precursors to PM2.5 in all PM2.5 nonattainment areas, unless the administrative authority demonstrates to the administrator’s satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area’s ambient PM2.5 concentrations; and iv. volatile organic compounds and ammonia are presumed not to be precursors to PM2.5 in any PM2.5 nonattainment area, unless the administrative authority demonstrates to the administrator’s satisfaction or EPA demonstrates that emissions of volatile organic compounds

or ammonia from sources in a specific area are a significant contributor to that area’s ambient PM2.5 concentrations. b. PM2.5 emissions and PM10 emissions shall include the gaseous emissions from a source or activity which condense to form particulate mat ter at ambient temperatures. On or after January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM2.5 and PM10 in NNSR permits. Compliance with emissions limitations for PM2.5 and PM10 issued prior to this date shall not be based on condensable particulate matter. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of this Section. * * * Significant

— in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed the lower of any of the following rates or the applicable major modification significant net increase threshold in Subsection L, Table 1 of this Section.

**Pollutant Emission Rate**  Carbon monoxide 100 tons per year (tpy) Nitrogen oxides 40 tpy Sulfur dioxide 40 tpy
Ozone 40 tpy of volatile organic compounds or nitrogen

oxides Lead 0.6 tpy PM10 15 tpy

PM2.5 10 tpy of direct PM2.5 emissions; 40 tpy of sulfur

dioxide emissions; 40 tpy of nitrogen oxide1

1Nitrogen oxides are presumed to be precursors to PM2.5 in all PM2.5 nonattainment areas unless the administrative authority demonstrates to the administrator’s satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area’s ambient PM2.5 concentrations.

* * * L. Table 1

—Major Stationary Source/Major Modification Emission Thresholds

**Table 1 Major Stationary Source/Major Modification Emission Thresholds** 

**Pollutant Major** 

**Stationary Source**  **Threshold Values**  **(tons/year) Major** 

**Modification Significant Net**  **Increase (tons/year)**  **Offset Ratio**

**Min imum** 

Ozone VOC/NOx Trigger Values Marginal 100 40(40)2 1.10 to 1 Moderate 100 40(40)2 1.15 to 1

Serious 50 25 3(5)4 1.20 to 1 w/LAER or 1.40 to 1 internal w/o LAER

Severe 25 25 3(5)4 1.30 to 1 w/LAER or 1.50 to 1 internal w/o LAER Extreme 10 Any increase 1.50 to 1 CO Moderate 100 100 >1.00 to 1 Serious 50 50 >1.00 to 1 SO2 100 40 >1.00 to 1 PM10 1 Moderate 100 15 >1.00 to 1 Serious 70 15 >1.00 to 1 PM2.55 100 10 >1.00 to 1 Lead 100 0.6 >1.00 to 1 Footnotes 1.

- 4.

... 5 Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment areas. Nitrogen oxides are presumed to be precursors to PM2.5 in all PM2.5Louisiana Register Vol. 37, No. 06 June 20, 2011 1570

nonattainment areas unless the administrative authority demonstrates to the administrator’s satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area’s ambient PM2.5 concentrations. Volatile organic compounds and ammonia are presumed not to be precursors to PM2.5 in any PM2.5 nonattainment area unless the administrative authority demonstrates to the administrator’s satisfaction or EPA demonstrates that emissions of volatile organic compounds or ammonia from sources in a specific area are a significant contributor to that area’s ambient PM2.5 concentrations. VOC = volatile organic compounds NOX = oxides of nitrogen CO = carbon monoxide SO2 = sulfur dioxide PM10= particulate matter of less than 10 microns in diameter PM2.5 = particulate matter of less than 2.5 microns in diameter

M.

- M.3.

... AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054. HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 19:176 (February 1993), repromulgated LR 19:486 (April 1993), amended LR 19:1420 (November 1993), LR 21:1332 (December 1995), LR 23:197 (February 1997), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2445 (November 2000), LR 27:2225 (December 2001), LR 30:752 (April 2004), amended by the Office of Environmental Assessment, LR 30:2801 (December 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2436 (October 2005), LR 31:3123, 3155 (December 2005), LR 32:1599 (September 2006), LR 33:2082 (October 2007), LR 34:1890 (September 2008), LR 37: 1568 (June 2011). **§509. Prevention of Significant Deterioration**  A. Applicability Procedures 1.

- 5.

... B. Definitions. For the purpose of this Section, the terms below shall have the meaning specified herein as follows. * * * Malfunctions

—Repealed.

* * * Regulated New Source Review (NSR) Pollutant

— a. any pollutant for which a national ambient air quality standard has been promulgated or any constituent or precursor for the identified pollutant. Precursors ide ntified by the administrative authority for purposes of PSD include the following: i. volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas; ii. sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas; iii. nitrogen oxides are presumed to be precursors to PM2.5 in all attainment and unclassifiable areas unless the administrative authority demonstrates to the administrator’s satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area’s ambient PM2.5 concentrations; and iv. volatile organic compounds are presumed not to be precursors to PM2.5 in any attainment or unclassifiable area unless the administrative authority demonstrates to the administrator’s satisfaction or EPA demonstrates that emissions of volatile organic compounds from sources in a specific area are a significant contributor to that area’s ambient PM2.5 concentrations; b. any pollutant that is subject to any standard promulgated under Section 111 of the Clean Air Act;

c. any Class I or II substance subject to a standard promulgated under or established by Title VI of the Clean Air Act; d. any pollutant that otherwise is subject to regulation under the Clean Air Act; except that any or all hazardous air pollutants either listed in section 112 of the Clean Air Act or added to the list in accordance with section 112(b)(2) of the Clean Air Act, which have not been delisted in accordance with Section 112(b)(3) of the Clean Air Act, are not regulated NSR pollutants unless the listed hazardous air pollutant is also regulated as a constituent or precursor of

a general pollutant listed under section 108 of the Clean Air Act; or

e. pa rticulate matter (PM) emissions, PM2.5 emissions, and PM10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM2.5, and PM10 in PSD permits. Compliance with emissions limitations for PM, PM2.5, and PM10 issued prior to this date shall not be based on condensable particulate matter. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of this Section. * * * Significant

— a. in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

**Pollutant Emission Rate**  Carbon monoxide 100 tons per year (tpy) Nitrogen oxides 40 tpy Sulfur dioxide 40 tpy Particulate matter 25 tpy of particulate emissions 15 tpy of PM10 emissions 10 tpy of direct PM2.5 emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions1 Ozone 40 tpy of volatile organic compounds or nitrogen oxides Lead 0.6 tpy Fluorides 3 tpy Sulfuric acid mist 7 tpy Hydrogen sulfide (H2S) 10 tpy Total reduced sulfur (including H2S) 10 tpy
Reduced sulfur compounds (including H2S) 10 tpy
Municipal waste combustor organics2 0.0000035 tpy
Municipal waste combustor metals3 15 tpy
Municipal waste combustor acid gases4 40 tpy
Municipal solid waste landfills emissions5 50 tpy

GHGs and GHGs as CO2e6 0 tpy and 75,000 tpy , respectivelyLouisiana Register Vol. 37, No. 06 June 20, 2011 1571 **Pollutant Emission Rate** 
1Measured as total tetra

- through octa

-chlorinated dibenzo

-p

-dioxins and dibenzofurans

. 2Measured as particulate matter. 3Measured as sulfur dioxide and hydrogen chloride. 4Measured as nonmethane organic compounds. 5Both of the following conditions must be met: (1) the net emissions increase of GHGs calculated as the sum of the six GHGs on a mass basis (i.e., no global warming potentials applied) equals or exceeds 0 tpy; and (2) the net emissions increase of GHGs calculated as the sum of the six GHGs on a basis CO2e (i.e., global warming potentials applied) equals or exceeds 75,000 tpy CO2e

.

b.

- d.ii

. ... * * * C.

- AA.15.b.

... AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054. HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:348 (June 1988), LR 16:613 (July 1990), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 17:478 (May 1991), LR 21:170 (February 1995), LR 22:339 (May 1996), LR 23:1677 (December 1997), LR 24:654 (April 1998), LR 24:1284 (July 1998), repromulgated LR 25:259 (February 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2447 (November 2000), LR 27:2234 (December 2001), amended by the Office of the Secretary , Legal Affairs Division, LR 31:2437 (October 2005), LR 31:3135, 3156 (December 2005), LR 32:1600 (September 2006), LR 32:1843 (October 2006), LR 36:2556 (November 2010), LR37:1148 (April 2011), repromulgated LR 37:1389 (May 2011), LR 37:1570 (June 2011).
Herman Robinson, CPM Executive Counsel 1106#048

**RULE**

**Department of Health and Hospitals Board of Veterinary Medicine** 
Prescribing and Dispensing Drugs

—Preceptorship Program

(LAC 46:LXXXV.705 and 1105)
The Louisiana Board of Veterinary Medicine has amended LAC 46:LXXXV.705 and 1105 in accordance with the provisions of the Administrative Procedure Act, R.S. 49:953 et seq., and the Louisiana Veterinary Practice Act, R.S. 37:1518(A)(9). The rules have been amended to implement specific requirements regarding a written prescription for a controlled drug issued by a prescribing veterinarian; to clarify the requirements for waiver of the preceptorship program necessary for licensure; and to provide administrative recourse for the board resulting from the submission of an unfavorable evaluation of a preceptee submitted by a preceptor, as well as the right to appeal a decision of the board by the preceptee. **Title 46 PROFESSIONAL AND OCCUPATIONAL** 

**STANDARDS Part LXXXV.**  **Veterinarians Chapter 7** 

**. Veterinary Practice**  **§705**

**. Prescribing and Dispensing Drugs**  A.

- K.9.

... L. The initial prescription of a legend drug shall be communicated personally or by telephone to the pharmacy by the veterinarian. The initial prescription and any refills of a controlled drug shall be communicated personally or by telephone to the pharmacy by the veterinarian. A written prescription for a controlled drug shall be personally prepared by the prescribing veterinarian. A written prescription for a controlled drug shall be handwritten or typed, a nd shall contain the specific client/patient’s names (or identifying information if herd, etc.) and the drug(s) prescribed with usage directions, appropriate government registration numbers, dated, and signed by the prescribing veterinarian, affixed with his signature stamp, or electronic signature thereon if transmitted electronically to a pharmacy. However, the use of a signature stamp or electronic signature will have the presumption the prescribing veterinarian knows of, and has personally provided, the prescription for the use of the patient. M.

- O.12.

... AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1518. HISTORICAL NOTE: Promulgated by the Department of Health and Human Resources, Board of Veterinary Medicine, LR 6:71 (February 1980), amended by the Department of Health and Hospitals, Board of Veterinary Medicine, LR 16:225 (March 1990), LR 19:1329 (October 1993) LR 20:1381 (December 1994), LR 23:1686 (December 1997), LR 24:1932 (October 1998), LR 25:1249 (July 1999), LR 25:1627 (September 1999), LR 27:51 (January 2001), LR 30:797 (April 2004), LR 37: 1571 (June 2011). **Chapter 11. Preceptorship Program**  **§1105. Applicants**  A

. - D

. ... E. The board shall have the discretionary right to waive compliance with the preceptorship program when the applica nt has been licensed in another state or is eligible for a license without examination, and provides written proof of employment as a licensed veterinarian in a full time, clinical practice for a minimum of 90 days for the period immediately prior to submission of the license application to the board. F. The board shall have the discretionary right to require a preceptee, who has received an unfavorable evaluation, to repeat the preceptorship program requirement for licensure, in its entirety or partially, with another preceptor selected by the preceptee and pre

-approved by the board. If the preceptee is thereafter unable to obtain a favorable evaluation, the board shall have the discretionary right to deny licensure. Any decision made by the board pursuant to this subsection shall be subject to appeal and review in accordance with LAC 46:LXXXV.105.B. AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1518.