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 of technical 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 of the 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 of Environmental Quality 

Office of the Secretary 

Legal Affairs Division 

Pm2.5 NSR Implementation Rule 

(LAC 33:III.504 and 509) (AQ318) 

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 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 of the Environmental Protection Agency's (EPA) 

final rule 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 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, contact 
Proposed February 2011 AQ318 

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. 

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 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 this 

proposed regulation can be purchased by contacting the DEQ Public Records Center at (225) 

219-3168. Check or money order is required in advance for each copy of AQ318. 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 Counsel 
Proposed 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 of this Section, offsets shall be 

required at the ratio specified in Subsection L, Table l 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 PM;u emissions or emissions of 

PM;u precursors may be offset by reductions in direct PM .~ emissions or emissions of any PM2.5 

precursor, if such 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 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 33:1II.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 ef LAC 

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 of regulation of the 

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 of nitrogen 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 of volatile 

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 PM1o 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, 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 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 I of this Section. 
Proposed February 20 II · AQ318 

Pollutant Emission Rate 

Carbon monoxide I 00 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 

PMl!l .li.!ro: 

10 tgy of direct PMu, emissions; 

PM;u 

40 tux of sulfur dioxide 

emissions; 40 illY of nitrogen 

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 of nitrogen 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 I 
Proposed 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 PM2.5 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 PM2.

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 of volatile 

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 of nitrogen 

= carbon monoxide 

sulfur dioxide 

PM 10 = particulate matter of less than l 0 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 30:280 l (December 2004), amended by the Office of the Secretary, Legal 
Proposed 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 of this 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 ef LAC 

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 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 

PMu 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 

PMu concentrations .. 
Proposed February 2011 AQ318 

b. any pollutant that is subject to any standard promulgated under Section 

Ill 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 eith~r listed in Section 112 of the Clean Air 

Act or adde,d to the list in accordance with Section 112(b )(2) of the Clean Air Act, which have 

not been delisted in accordance with Section !12(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 I 08 of the 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 PM10 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 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 I 00 tons per year (tpy) 

Nitrogen oxides 40 tpy 

Sulfur dioxide 40 tpy 

Particulate matter 25 tpy of particulate 

emissions 

15 tpy ofPM 10 

emissions 

I 0 tgy of direct PM;u 

emissions: 40 tpy of 

sulfur dioxide emissions; 

40 tpy of nitrogen Oxide 

emissions 1 

Ozone 40 tpy of volatile 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 of nitrogen oxides 

from sources in a sgecific area are not a significant 

contributor to that area's ambient PM2.5 

concentrations. 

-4-1Measured 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 6

Effective 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 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 !990), 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 (Aprill998), 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 
Proposed February 2011 AQ318 

(December 200 l ), amended by the Office of the 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 

of the Clean Air Act. 

IL ESTIMATED EFFECf ON 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 of the proposed rule. 

Ill. ES11MA TED COSTS AND/OR ECONOMIC BENEFITS TO 

DIRECfL Y 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 a result of the proposed rule. 

Herman Robinson, CPM 

Executive Counsel 

1102#068 

Evan Brasseaux 

Staff Director 

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 

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

secretary gives notice that rulemaking procedures have been 

initiated to amend the Air regulations, LAC 33:1ll.504 and 

509 (Log #AQ318). 

This Rule incorporates the prov1s1ons of the 

Environmental Protection Agency's (EPA) final rule 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 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, 2011 
2008. 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. I 65. 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 I 9(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 of this 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 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. I 60 and 51. I 61. These include the requirement tl1at 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 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 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 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 PM2.

5 in all 

PM2.s nonattairunent areas; 

111. nitrogen oxides are presumed to be precursors 

to PM2.s in all PM2_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 PM2.s concentrations; and 

iv. volatile organic compounds and ammonia are 

presumed not to be precursors to PM25 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. 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 

PM2.s and PM10 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 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 I of this Section. 

Pollutant · Emission'Rate 

Carbon 100 tons per year (tpy) monoxide 

Nitro~en oxides 40 lpy 

Sulfur dioxide 40 lOY 

Ozone 

40 tpy of volatile organic compounds or nitrogen 

oxides 

Lead 0.61py 

PM1o 15 tov 

PM2J 

10 tpy of direct PM2J emissions; 40 tpy of sulfur 

dioxide emissions: 40 tov ofnitrol!en oxide1 

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 of nitrogen 

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, 2011 
Table 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 50 253

(5)4 1.40 to I internal w/o 

LAER 

1.30 to I w/LAER or 

Severe 25 253

(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 PM2., 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 of nitrogen 

CO = carbon monoxide 

S02 "' sulfur dioxide 

PM 10 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: 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 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 (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 of this Section, the terms 

below shall have the meaning specified herein as follows. 

* * * 

Malfunctions-Repealed. 

* * * 

660 

Regulated New 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 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 Ill 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. particulate matter (PM) emissions, PM2.s 

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 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, PM2_,, 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 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 vear (tov) 

Nitrogen oxides 40tpy 

Louisiana Register Vol. 37, No. 02 February 20, 2011 
POIIuta"nt · ErilisSion Rate 

Sui fur dioxide 40 tpy 

Particulate maner 25 tpy of particulate emissions 

15 _tpy ofPM1o emissions 

10 tpy of direct PM2.l emissions; 40.tpy 

of sulfur dioxide emissions; 40 tpy of 

nitro2.en oxide emissions1 

Ozooo 40 tpy of volatile organic compounds or 

nitrogen oxides 

Lead 0.6 tpy 

Fluorides 3l!>Y 

Sulfuric acid mist 7tpy 

Hydrogen sulfide (H2S) 10 tpy 

Total reduced sulfur (including 10 tpy 

H2S) 

Reduced sulfur compounds IOtpy 

(includim.!. H2S) 

Municipal waste combustor 0.0000035 tpy 

or~anics2 

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 PM2.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 I 35, 3 I 56 (December 2005), LR 32: I 600 (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 I I, 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 I 9-4068 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 of AQ3 I 8. 

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 I 292; State Office Building, I 525 

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 PM2.5• Any additional pennit 

fees will be deposited into the Environmental Trust Fund. 

Ill. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO 

DJRECTL Y 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 PM2•

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 of best available control 

technology (BACT) is a case-by-case determination that · 

Louisiana Register Vol. 37, No. 02 February 20, 2011 
accounts 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 of the proposed rule. 

Herman Robinson, CPM 

Executive Counsel 

Evan Brasseaux 

Staff Director 

II 02#069 Legislative Fiscal Office 

NOTICE OF INTENT 

Board of Trustees 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 of the 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 of the funds held by the trustees of the 

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 

of the remaining members of the 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 of the 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 300 I, 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 of the 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 of the 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 of children. 

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 IMPLEMENT AT ION COSTS (SAVINGS) TO 

STAlE OR LOCALGOVERNMENf UNITS (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 B 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGIONS 

Mr. Donald Trahan 

1445 ROSS AVENUE, SUITE 1200 

DALLAS TX 75202-2733 

APR 0 5 2011 

Louisiana Department of Environmental Quality 

Office of the 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 of the New Source Review (NSR) 

Program for Particulate Matter Less than'2.5 Micrometers (PM2.5) ''published on May 16, 2008 (see 73 . 

FR 28321). . 

We are supportive of the 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 

of difference must be corrected for the 'Louisiana program to implement the PM2.5 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 of the PM2.s rule. If you have any questions about the 

PM2.5 rule, or about EPA's review of your proposed rulemaking, please feel free to contact met at 214-

665-6435 or contact Ms. Melanie Magee of my staff at 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 if Baton Rouge is redesignated to attainment for the 8-hour standard, PSD would apply. 

Because of the 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 of Significant Deterioration and Title V Greenhouse Gas Tailoring 

Rule" published on June 3, 20 I 0. 

4. The changes proposed to the definition of Regulated Pollutant in LAC 33:III:504(b) do not 

include all of the federal definition language. Specifically, the proposed definition does not 

include the following: 

" ... Compliance with emissions limitations ofPM2.s and PM10 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." 

Please explain why the proposed definition of Regulated Pollutant does not contain the 

additional federal definition language. 
Attachment C · 
COMMENT 

RESPONSE 

COMMENT 

Comment Summary Response & Concise StatementPM2.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 regulation 
Page 3 of 4 

AQ318 

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. 

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 PM2.5 and PM10. 

• indicates a fast-track regulation 
I 

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 

PM2.5 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 of this Section, offsets shall be reguired 

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.s emissions or emissions of PM2 s precursors 

may be offset by reductions in direct PM,.s emissions or emissions of any 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 ef this Seetien, 

offsets shall ee reqHired at the ratio speeified in SHeseetien L, Tallie I ef this 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 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.l11 with the 

exception ofthose terms specifically defined as follows. 

* * * 

Ua/:fia!etiens fer pHi-poses of this 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 of which 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 of regulation of the 

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 of nitrogen 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 of volatile 

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 include the 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 PM1o in 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 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. 
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 of volatile organic 

compounds or nitro~en oxides 

Lead 0.6 tpy 

PM10 li..!J1y 

1 0 !J1Y of direct PM2.s emissions; 

PM,.s 40 !J1Y of sulfur dioxide 

emissions; 40 tQ~ of nitrogen 

oxide' 1

Nitrogen 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 of nitrogen 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 

PM2} 

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 of volatile 

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 of nitrogen 

CO = carbon monoxide 

S02 = sulfur dioxide 

PM10 = 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: 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 (April1993), 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 (April2004), amended by the Office ofEnvironrnental 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:**-

§509. Prevention of Significant Deterioration 
FINAL RULE with Technical Amendments/June 20,2011 AQ318 

A. Applicability Procedures 

1. - 5 .... 

B. Definitions. For the purpose of this Section, the terms below shall have the meaning 

specified herein as follows. 

* * * 

Ma/fulielirms for Jlllfjleses ef tllis 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. 

* * *. 

Regulated New 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 PM1 5 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 of nitrogen 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 of volatile 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 

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; 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 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 

delistedin 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 Ach~ 

s;_,_ particulate matter (PM) emissions, PM15 emissions, and PM1o emissions 

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 

PM10 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 of this Section. 

* * * 

Significanta. 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: 

~i .. ~~fPOIIUi&if~::.,~~~ ·.a~-EffiiSSiOn>RatC~!~·i 

Carbon monoxide I 00 tons per year (tpy) 

Nitrogen oxides 40 tpy 

Sulfur dioxide 40 tpy 

Particulate matter 25 tpy of particulate 

emissions 

15 tpy ofPM10 

emissions 

I 0 tpy of direct PM2.s 

emissions; 40 tpy of 

sulfur dioxide emissions; 

40 tpy of nitrogen oxide 

emissions1 

Ozone 40 tpy of volatile 

organic compounds or 

nitrooen oxides 

Lead 0.6 tpy 

Fluorides 3 tpy 

Sulfuric acid mist 7 tpy 

Hydrogen sulfide (H2S) 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 of nitrogen 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 of the following conditions must be met: (I) 

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 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 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 (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 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), LR 37:**. 

n 
Louisiana 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 Rule 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 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 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 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 SIPapprovability. 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. ...
1569 Louisiana Register Vol. 37, No. 06 June 20, 2011

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 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 

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 

Minimum

Ozone

VOC/NOx

Trigger Values

Marginal 100 40(40)21.10 to 1

Moderate 100 40(40)21.15 to 1

Serious 50 253(5)4

1.20 to 1 w/LAER or 

1.40 to 1 internal w/o 

LAER

Severe 25 253(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

PM2.5

5

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 PM2.5
Louisiana 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 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 PM2.5 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. particulate 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 CO2e

6

0 tpy and 75,000 tpy, respectively
1571 Louisiana Register Vol. 37, No. 06 June 20, 2011

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, and 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 

applicant 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.