BOBBY JINDAL GOVERNOR 

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# ED PEGGY 

### M. HATCH 

# R E 'I SECRETARY

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# of**1Loui~:tamas** PM 3:36 DEPARTMENT OF**ENVIRONME~1lN>~Hf'M~CTION** 

### OFFICE OFTHE**SECRETAR~PO-R** l> ::0 

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### Dr. Al

### Armendariz, Administrator US EPA, Region 6 (6-RA) 0">::0 ..,::J: I () 

### 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733
Re: State hnplementationPlan (SIP) Revision Part 70 Operating Permit ProgramUpdate
DearDr. 

### Armendariz: 0-< I VJ ::Oc..n 

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### In 

### accordance with the CleanAirActAmendments of 1990, the state ofLouisiana is pleasedto provide the State hnplementationPlan (SIP) Revision to the Part 70 OperatingPermitProgram. 

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On 

### June 3, 2010, the Environmental Protection Agency (EPA) promulgated the "Prevention of Significant Deterioration and Title V 

### Greenhouse Gas Tailoring Rule." 1 

### This rule established a unique major source threshold and PSD significant emissions rate for the pollutant "greenhouse gases (GHGs)" and defined the terms under which GHGs would be "subject to regulation. The Louisiana Department of Environmental Quality (LDEQ) is submitting a Part 70 Operating Permit Program Update, namely the promulgation ofthe revisions to LAC 33:III.502 and LAC 33:ill.509 necessitated by federal rule. Should you have any questions concerning this matter or require additional documentation, please contactBryanD. Johnston ofthe AirPermits Division at (225) 219-3450

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# .

# ~ atch Date PMH:BDJ

1 75 FR 31514 Post Office Box 4301 • Baton Rouge, Louisiana 70821-4301 • Phone 225-219-3953 • Fax 225-219-3971 www.dea.louisiana.gov

# Louisiana State Implementation Plan Revision

Revisions to the: Prevention ofSignificant Deterioration and Title V Greenhouse Gas Tailoring Rule

Submitted to: EPA Region6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 Final December 2011 

# DEU
LOUISIANA

## EXECUTIVE SUMMARY

On June 3, 2010, the Environmental Protection Agency (EPA) promulgated the "Prevention ofSignificant Deterioration and Title V Greenhouse Gas Tailoring Rule." 1 

### This rule established a unique major source threshold and PSD significant emissions rate for the pollutant "greenhouse gases (GHGs)" and defined the terms under which GHGs would be "subject to regulation. The Louisiana Department ofEnvironmental Quality (LDEQ) is submitting a Part 70 Operating Permit Program Update, namely the promulgation ofthe revisions to LAC 33:III.502 and LAC 33:III.509 necessitated by federal rule. Louisiana's GHG Tailoring Rule, identified as AQ314ft, was proposed in the Louisiana Register 

### on October 20, 2010, and a public hearing was held on November 24, 2010. The proposed rule is included as Appendix A.
Public comments were received from EPA, the Louisiana Chemical Association, the Louisiana Mid-Continent Oil and Gas Association, the Air Permitting Forum, and the Sierra Club/Louisiana Bucket Brigade. A full summary ofthe comments along with a transcript ofthe hearing are included in the rule package in Appendix A. 

### A copy ofthe summary response and concise statement is also included. In response to public comments, technical amendments were made to the rule. The list ofamendments along with the final rule is included in Appendix B. The Louisiana Environmental Quality Act, La.R.S.30.2001, et seq., (the Act) grants the secretary of the Department of Environmental Quality specific authority to adopt, amend, or repeal those rules and regulations that are deemed necessary for the protection of the state's environment. Further, the Act provides the secretary with the general power to assure compliance with applicable federal laws and regulations and to assume authority for those delegated programs that exist under the provision of the Clean Air Act Amendments. Furthermore, on February 22, 2010, Governor Bobby Jindal appointed Peggy M. Hatch, Secretary of the Louisiana Department of Environmental Quality as his designee to submit documents to the EPA for approval and incorporation into the State Implementation Plan for Louisiana.

1 75 FR 31514

# Appendix A

Revisions to the: Prevention ofSignificantDeterioration and Title V Greenhouse Gas Tailoring RuleNOTICE OF INTENT udent Financial Assistance Commission

ffice ofStudent Financial Assistance

hip/Grant Program,_Scholarship/ ant Program,_.'! plications, Federal GrantAid an 1\CT Test (LAC 28:1V.505) The Louisiana dent Financial Assistan e Commission (LASFAC) annou ces its intention o amend its Scholarship/Grant ru s (LSA-R.S. 17:30 -3025, LSA-R.S. 3041.10-3041.15, SA-R.S. 17:3**~2.1,** LSA-R.S. 17:3048.1, LSA-R.S. I 048.5 and LS -R.S. 17:3048.6).

This rulemaking revis the TOPS plication deadline to allow payment of a TOP Award ginning with the first semester, quarter or term o first-t' e, full-time enrollment for those students whose app cati for TOPS is received on or before July I (or no mor an 120 days later with a reduction in award) imme tely following the first anniversary ofthe student's hi hool graduation.

The full text of this Noli of tent can be found in the Emergency Rule section of is Lou iana Register.

formation, 49:972. all Business Statemen in R.S.

The proposed businesses (SG11123NI) le will have no adverse 1 pact on small described in R.S. 49:9 .2 et seq. Public Comments Interested ersons may submit written comme ts on the proposed anges (SG 11123NI) until 4:30 p.m., vember 9, 2010, Melanie Amrhein, Executive Direetor, ce of Student inancial Assistance, P.O. Box 91202, Baton LA 70 1-9202. George Badge Eldredge General Counsel

# '\,~CAL AND ECONOMIC IMPACT STATEM FOR ADMINISTRATIVE RULES LE TITLE: Seholarship/Grant Progr s Scholars 'p/Grant Program,_Applicatio , Federal**~rant** Aid and ACT Test L ES!lMAliD

## ~MENTATION TS (SAVINGS) TO STAlEORLOCALGOVERNMENT ITS (Slll1ll11aJ)') Currently, about 2% of 

### J 10 Louisiana high school graduates eligible for a**~** award for the 2010-2011 Academic Year did not file eir TOPS application timely and would have had their firs OPS award pa)111ent delayed until the 2011-2012 Academ1c Year. US'JrQg 2009-2010 data, it is estimated that 287 pf these students would accept a TOPS Opportunity Aw().f'd or higher (academic award), and 64 students would aCcept aTOPS Tech award (technical award). The**pa~nt** delay that occurs under current&Jcs does not reduce a)'tUdent's total TOPS eligibility. The ent delay merely)flifts the cost to the TOPS program to a later ar. The rule**~ange** will shift costs from future years to**car"he~As**
, the proposed rules result in payment of approxim ly

million in TOPS awards in Fiscal Year 2010-11 t

a Register Vor 36, No_ 10 October20, 2010 2376 "\xould have been paid in Fiscal Year 20 11-12 based on cur nt rules. Under current rules, the total costs for the studen hose payme"irts are delayed until the 2011-2012 Acade ic year would be'-§5.4 million over four years based on th maximum 10**percent'\~ition** increase per year authorize by the LA GRAD Act. The proposed rules move paymen to prior years, resuhing in a**f~r** year cost of $4.9 milli , or a four year savings ofapproxi}nately $0.5 million. TI. ES!lMAliDEFFEcT'I()N REVENUE CO ONS OFSTAlE ORLOCALGOVERNMENTALUNITS ) Revenue collections

### hlstate and I governments will not be affected by the proposeCl-.change

. ill. ESTIMAliD COSTS**~** OMIC BENEFITS TO DIRECfLY AFFECJED P OR NONGOVERNMENTAL GROUPS (Slll1ll11aJ)') \. The proposed change oes noNmpact a student's TOPS eligibility, just the timin ofTOPS**~ard** pa)111ents and thus the financial impact of ceivingthe awat-d in the first year. IV. ESTIMAliD N CXJMPElTilON**~EMPLOYMENT** (Summary) \. Financial ai provided by TOPS**m~** it easier for students to s post-secondary education. Th.ese changes eliminate t Helay in pa)fllent of a TOPS**award~asing** any tinancial rden caused by the delay Any mere* 

### ifl the nwnber students attending post-secondary educat'hm w1ll result · an mcrease m the nwnl:er ofeducatedltramed \s in th state and that mil have a pos1tive 1mpact on compet1 · n an employment G rge Badge Eldredge Robert E. Hosse neral Counsel StaffDirector 1010#017 Legislative Fiscal Office NOTICE OF INTENT Department ofEnvironmental Quality Office ofthe Secretary
Greenhouse Gas (GHG) Tailoring (LAC 33:111.502 and 509)(AQ314ft)
Under the authority of the Environmental Quality Act, R.S. 30:2001 et seq., and in aecordance with the provisions ofthe Administrative Procedure Act, R.S. 49:950 et seq., the seeretary gives notice that rulemaking procedures have been initiated to amend the Air regulations, LAC 33:III.502.A and 509.B (AQ314ft).

This Rule is identieal to federal regulations found in June 3, 20I0, FR 75, Part I06, pages 3 I606-3I607, which are applieable in Louisiana. For more information regarding the federal requirement, contaet the Regulation Development Section at (225) 219-3985 or Box 4302, Baton Rouge, LA 70821-4302. No fiseal or economic impact will result from the Rule. This Rule will be promulgated in accordance with the procedures in R.S. 49:953(F)(3) and (4).

On June 3, 2010, the Environmental Protection Agency (EPA) promulgated a Rule entitled "Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule" (Tailoring Rule) (75 FR 31514). The final Rule establishes a separate major source threshold and Prevention of Significant Deterioration (PSD) significance level for greenhouse gases (GHGs) in the form of carbon dioxide equivalents (C02e). This action will amend LAC 33:III.502.A and 509.B to adopt the federal thresholds.On April 2, 2010, EPA published a final Rule entitled "Reconsideration of Interpretation of Regulations That Determine Pollutants Covered by Clean Air Act Permitting Programs" (75 FR 17004). Under the terms of this action, GHGs become "subject to regulation" and Title V and PSD program requirements begin to apply on January 2, 2011.

LAC 33:111.509.6 currently defines "major stationary source" and "significant," in relevant part, as follows: Major Stationary**Source~**

a. any of the stationary sources of air pollutants listed in Table A of this definition that emits, or has the potential to emit, 100 tons per year or more ofany pollutant subject to regulation under this Section; b. or stationary source categories other than those listed in Table A ofthis definition, any stationary source that emits, or has the potential to emit, 250 tons per year or more ofany air pollutant subject to regulation under this Section; 

# ... Significant- 

# ...

b. in reference to a net emissions increase or the potential of a source to emit a regulated NSR pollutant that Subparagraph a ofthis definition does not list, any emissions rate;

Consequently, in the absence of thresholds specifically tailored to GHGs, the Title V and PSD major source threshold would be 100 or 250 tons per year (depending on the souree category), and any increase in GHG emissions resulting from a physical change or change in the method of operation at a major souree would trigger PSD review.

According to the Tailoring Rule, this would greatly inerease the number ofrequired permits, impose undue costs on small sources, overwhelm the resources of permitting authorities, and severely impair the functioning of the programs (75 FR 31514). The basis and rationale for this Rule is to adopt the federal major stationary source threshold and PSD significance level for GHGs. This Rule meets an exception listed in R.S. 30:2019(0)(2) and R.S. 49:953(GX3); therefore, no report regarding environmental/health benefits and social/eeonomic costs is required. Title 33 ENVIRONMENTAL QUALITY Part Ill. Air Chapter 5. Permit Procedures §502. Definitions

A. Except where specifically provided in another Section herein, the following definitions apply to terms used in this Chapter. Except as provided in this Chapter, terms used in this Chapter retain the definition provided them in LAC 33:11!.111 or the Louisiana Air Quality regulations. Wherever provisions related to the Aeid Rain Program are coneerned, the definitions provided in 40 CFR Part 72 shall apply. 

# ... C02 Equivalent Emissions (C02e)-the emitted amount of greenhouse gases (GHGs) computed by multiplying the mass amount of emissions for each of the six GHGs by its associated global warming potential, published in Table A-1 to Subpart A of 40 CFR Part 98---Dlobal Warming Potentials, and summing the resultant value for each (see greenhouse gases (GHGs)). 2377 

## ••• Greenhouse Gases (GHGs)-an air pollutant defined as the aggregate group ofsix greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. Major Source-for the purposes of determining the applicability of 40 CFR Part 70 or of LAC 33:111.507, any stationary source or any group ofstationary sources that are located on one or more contiguous or adjacent properties, that are under common control of the same person (or persons under common control), and that are described in Subparagraph a, b, c, or d ofthis definition: a.- a.ii. b. any stationary source that directly emits or has the potential to emit 100 tpy or more of any regulated air pollutant (except for GHGs) excluding any air pollutant regulated solely under Section 112(r) of the Clean Air Act. Fugitive emissions ofa stationary source shall be considered in determining whether it is a major source under this Subparagraph: i.- ii. c. any major stationary source as defined in Part D (Nonattainment) of Title l of the Clean Air Act, including any source defined as a major stationary source under LAC 33:l11.504.K; d. as of July 1, 2011, any stationary source that directly emits or has the potential to emit 100,000 tpy C01e. 

## ••• AUTiiORllYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 19: 1420 (November 1993), amended by lhe 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: §509. Prevention orSignificant Deterioration

A. -A.5

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

## ••• C02 Equivalent Emissions (C02e)-the emitted amount of greenhouse gases (GHGs) computed by multiplying the mass amount of emissions for each of the six greenhouse gases in the pollutant GHGs by the gas's associated global warming potential published in Table A-1 to Subpart A of40 CFR, Part 98-Giobal Warming Potentials, and summing the resultant value for each.

## ••• Greenhouse Gases (GHGs)-an air pollutant defined as the aggregate group ofsix greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluoroearbons, and sulfur hexafluoride. 

# ... Major Stationary Sourcea. any of the stationary sources of air pollutants listed in Table A of this definition that emits, or has the potential to emit, 100 tons per year or more ofany pollutant (except for GHGs) subject to regulation under this Seetion; b. for stationary sourec categories other than those listed in Table A ofthis definition, any stationary source that emits, or has the potential to emit, 250 tons per year or more LOUISiana Register Vol. 36, No. 10 October20, 2010of any air pollutant (except for GHGs) subject to regulation under this Section; c. as of July I, 2011, any stationary source which emits, or has the potential to emit, at least 100,000 tons per year C02e; or d. any physical change that would occur at a source not otherwise qualifying as a major stationary source under Subparagraphs a, b, or c of this definition if the change would constitute a major source by itself; e. a major source that is major for volatile organic compounds or nitrogen oxides shall be considered major for ozone;f. the fugitive emissions ofa stationary source shall not be included in determining for any of the purposes of this Section whether it is a major stationary source, unless the source is listed in Table A of this definition or, as of August 7, 1980, is being regulated under Section Ill or 112 ofthe Clean Air Aet. 

## •••Significanta. in reference to a net emissions increase or the potential ofa source to emit any ofthe following pollutants, a rate of emissions that would equal or exceed any of the following rates:
Pollutant Emission Rate Carbon monoxide 100 tons per year (tpy) Nitrogen oxides 40 tpy Sulfur dioxide 40 tpy Particulate matter 25 tpy ofparticulate emissions 15 tpy ofPM,o emissions Ozone 40 tpy ofvolatile 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 10 tpy (including H2S) Reduced sulfur 10 tpy compounds (including H,S} Municipal waste combustor organics 1 0.0000035 tpy Municipal waste combustor metals2 15 tpy Municipal waste combustor acid gases3 40 tpy Municipal solid waste landfills emissions4 50 tpy GHGs (as CO,e)' 75,000 tpy

Louisiana Register Vol. 36, No 10 October20, 2010 2378 Pollutant 

### I Emission Rate
I 'Measured as total tetra- through acta-chlorinated dibenzo-p-dioxins and dibenzofurans. 2Measured as particulatematter. 3Measured as sulfur dioxide and hydrogen chloride. 4Measured as nonmethane organic compounds. 'Effective January 2, 2011. 

## ••• C.- AA.15.b.

... AUTHORITYNOTE: Promulgated in accordance with RS. 30:2054.

H!SlDRICALNOTE: Promulgated by the Department of Environmental Quality, Office ofAir Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:348 (June 1988), LR 16:613 (July 1990), amended by the Offiee ofAir Quality and Radiation Protection, Air Quality Division, LR 17:478 (May 1991), LR 21:170 (February 1995), LR 22:339 (May 1996), LR 23:1677 (December 1997), LR 24:654 (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: Family Impact Statements This Rule has no known impaet on family formation, stability, and autonomy as described in R.S. 49:972. Public Comments All interested persons are invited to submit written comments on the proposed regulation. Persons eommenting should reference this proposed regulation by AQ314ft. Such comments must be received no later than November 24, 2010, 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. The comment period for this Rule ends on the same date as the public hearing. Copies of this proposed regulation can be purehased by contacting the DEQ Public Records Center at (225) 219-3168. Cheek or money order is required in advance for each copy of AQ314ft. This regulation is available on the Internet at www.deq.louisiana.gov/portal/tabid/1669/default.aspx. Public Hearing A public hearing will be held on November 24, 2010, 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 offree parking are allowed in the Galvez Garage with a validated parking ticket.

This proposed regulation is available for inspection at the following DEQ offtce locations from 8 a.m. until 4:30 p.m.: 602 N. Fifth Street, Baton Rouge, LA 70802; 1823 Highway546, West Monroe, LA 71292; State Office Building, 1525 Fairfield Avenue, Shreveport, LA 711 01; 130 I Gadwall Street, Lake Charles, LA 70615; Ill New Center Drive, Lafayette, LA 70508; II0 Barataria Street, Lockport, LA 70374; 201 Evans Road, Bldg. 4, Suite 420, New Orleans, LA 70123.

1010#010 Herman Robinson, CPM Executive Counsel

NOTICE OF INTENT Office ofthe Governor Board ofExaminers ofCertified

Shorthand Court Reporters General Re uirements for Certifled Shorthand Rep rters ( AC 46:XXI.101, 105,317,501, 11,609,901, 1103, and 1301) ln accordance ith the Administrative Proce S. 49:950 et seq., otice is hereby given that e Louisiana Board of Examin rs of Certified Shorth nd Reporters proposes to adopt a d amend rules as requ' ed under ACT 700 ofthe 20 I0 Reg ar Legislative Sessi

. The following rules will be ad ted or amend : Certification, Grandfathering Certifi ation, Examin 1ons, Certificates, Methods of Reporting, ontinuing Ed cation, Fees, Court Reporting Procedures, an Code ofE itle 46 PROFESSIONAL ND 0 STA A Part XXI. Certified· h thand Reporters Chapter I. Certification §101. Application for Certi

A

.... B. An application for a ertified digital reporter certificate will be proces d ace rding to the following procedure. The board sta, will rev w each application for completeness and will n ify the ap icant in writing ifthe application is incompl e or inadeq ate. The board may request additional infer ation from an pplicant at any time during the applicatio process. Each application must be accompanied by th fee to be paid llfOn issuance and renewal ofa certifi te as stated in Chapt 9 ofthese rules. A certified digi I reporter certificate authorizes the certificate holde to practice court repor g only as an official or dep official court reporter pe arming duties for a court of ecord. The holder of a CD certificate is prohibited fr engaging in freelance or gene I reporting. This certifi te is only portable to another urt if the applicant Ids the Electronic Reporters and certificate from the American Association of lectronic Reporter and Transcribers (AAERT) or any other national or stat _recognized association or organization ich is approv d by the board and authorized or licensed to ovide educ ton and certification for professionals engag d in digi I reporting and transcribing a verbatim record o oral co proceedings, and which is approved by the judg or co rt employing the services of the court reporter, or y tcial or deputy official reporter who has satisfi quivalent testing and certification requirements establishe 2379 the board. Ifthe certificate is allowed to lapse, the seal s all be returned to the board. Each holder of a C R ce ificate is subject to the regulatory authority ofthe rd an must satisfy the requirements applicable to repo ers, such as compliance with continuing edu tion requi ents, and adherence to the standards ofprofe ional condu

.

AUT ORITY NOTE: Promulgated in accordance 37:2554 d 2556.'

H1STO CALNOTE: Promulgated by the Dep Commerce-, Board ofExaminers ofCertified Shorthan Reporters. LR 9:678 October 1983), amended by the artment of Economic velopment, Board of Examiners of Certified Shorthand Re rters, LR 14:530 (August 1988), 16:393 (May 1990), LR 19:1 37 (December 1993), LR 37: §105, Gran fathering Certification

A. On or fore December 31, 2010, accept applicati ns for the Certificate of ertified Digital Reporter from an person age 18 years or lder who submits due proof that person is employe as an official or deputy official cou reporter by a Loui ana court ofrecord and that the person as utilized electr ic, audio, or digital recording equipment sa method of o tcial court reporting. The board will accept s due proofoi mployment the board approved CDR applica ·on andjudg or court affidavit. The affidavit shall be execu ed by the udicial administrator or judge of that court of re ord atte ing, that the applicant is employed by that court s of t e date of execution. The board will receive and c nsid applications for a CDR certificate based on grandfa er ng at any time on or before December 31, 2010. The boa will not consider or approve applications for issuance of CDR certificate by official or deputy official court report employed by the following courts: Fifteenth, Sixteenth, e nteenth, Nineteenth, ThirtySecond, Thirty-Fourth, an Fortt th Judicial District Courts, the Orleans Parish Civi I istrict ourt, the Orleans Parish Criminal District Cou the Je erson Parish First and Second Parish Courts, e New leans First and Second City Courts, the New rleans Muni ·pal and Traffic Courts, and on and after the ective date o "ts creation, the FortyFirst Judicial Distr t Court. Folio ·ng submission of satisfactory proof "th the foregoing requirements, the suance of a CDR certificate.

AUTHORITY N TE: Promulgated in a 37:2554 and 2556

HISlDRICAL OTE: Governor, Boar LR 37: Chapter3. Examinations §317. Na ional Examinations

A

.... B. Th board will accept as an exami the Reporter and Transcriber certificate om the Association of Electronic Report s and rs (AAERT). A certificate holder un r this is prohibited from engaging in freelance or eneral repo ng.

A THORITY NOTE: Promulgated in accordance with 37: 54 and 2556. ISlDRICAL NOTE: Promulgated by the Department C mmerce, Board ofExaminers ofCertified Shorthand Reporte

. 9:678 (October 1983), amended by the Department 

### i¥ Development, Board of Examiners of Certifie(\

Louisiana Register Vol. 36, No. 10 October20, 2010**LDEQ-E~** Document 1188242, Page 1 of 20



# AGENDA FOR PUBLICHEARING Being Conducted by: DEPARTMENT OF ENVIRONMENTAL QUALITY REGULATION DEVELOPMENT SECTION

November 24,2010 1:30PM Galvez Building, Oliver Pollock Room 602 N. Fifth Baton Rouge, LA SUSAN HAM

- HEARING OFFICER



### .................................................................................................................................................................................. LOG# AQ314ft RULE TITLE
Greenhouse Gas (GHG) Tailoring Rule LAC JJ:III.S02.A & S09.B

COMMENT PERJOD ENDS November 24, 2010
• * • • • • • • * • • • * * • • • * • • AT 4:30PM0

N >< 0 N**~** 

# : 

# 1

Q DEPARTMENTOFENVIRONMENTAL QUALITY ATTENDANTSIGN-INSHEET Rulemaking Hearing,/:30p.m. November24, 2010 A0314ft - Greenhouse Gas (GHG) Tailoring Rule



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:LDEQ-EDHS Document 7788242, Page 3 of 20



# .,

STATE OF LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY

IN RE: GREENHOUSE GAS (GHG) TAILORING RULE LOG 

### t: AQ314ft PUBLIC HEARING

The Public Hearing held by the**D~partment** 

### of Environmental**Qu~lity, Regul~tion**  

### Development Section, at the Galvez Building, Oliver Pollock Conference Room, 602 N. Fifth Street, Baton Rouge, Louisiana, beginning at 1:30 p.m., on November 24, 2010.



### BEFORE: Lori B. Overland Certified Court Reporter In and For the State of Louisiana



### ASSOCIATED REPORTERS, INC. (225) 216-2036LDEQ-EDHS Document 1188242, Page 4 of 20

DEPARTMENT OF ENVIRONMENTAL QUALITY 

### A P P E A R A N C E S
FOR THE LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY: Deidra Johnson Hearing Officer Department of Environmental Quality Legal Affairs Division, 8th Floor Regulation Development 602 N. Fifth Street Baton Rouge, Louisiana 70802



## * * * * * 2

ASSOCIATED REPORTERS, INC. (225) 216-2036LDEQ-EDHB Document ??88242, Page 5 of 20



# ..

DEPARTMENT OF ENVIRONMENTAL QUALITY I N 0 E X


### EXAMINATION: None


### EXHIBITS: None


### REPORTER'S PAGE REPORTER'S CERTIFICATE



## * * * * *

ASSOCL\TED REPORTERS, INC. 

### 3

PAGE(S)



### 10

11



### (225) 216-2036LDEQ-EDHS Document 7788242, Page 6 of 20

1 2 3 4 

### 5 6 7 8 9 10 11 12 13 14 

### 15 16 

### 17 18 

### 19 20 21 

### 22 23 24 

### 25 DEPARTMENT OF ENVIRONMENTAL QUALITY 

## * * * * * MS. JOHNSON: Good afternoon. My name is Deidra Johnson, and I'm employed by the Louisiana Department of Environmental Quality. I'll be serving as hearing officer this afternoon to receive comments regarding proposed amendments. to the air regulations. The comment period for these amendments began on October 20, 2010, when the notice of intent was published in the Louisiana Register. The comment period will close at 4:30p.m., today, November 24, 2010 It would be helpful to us if all oral comments received today
were followed up in writing. This public hearing provides a forum for all interest parties to present comments on the proposed changes. This hearing is not being conducted in a question and answer format. Please remember that the purpose of this public hearing is to allow you, the public·, an opportunity to express your thoughts 4

ASSOCIATED REPORTERS, INC. (225) 216-2036LDEQ-EDHS Document 7788242, Page 7 of 20

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 

### 22 23 24 25 

### DEPARTMENT OF ENVIRONMENTAL QUALITY concerning toda.y's proposed amendments. I'll ask that each person commenting
come up and sit at the front table and begin by stating his or her name and affiliation for the record. The Air amendment is designated by the Log Numb.er AQ314ft. On June 3, 2010, the Environmental Pro t e c t i o·n Agency (EPA J prom u 1 gated a rule entitled •prevention of Significant Deterioration and Title V Greenhouse**Ga~** Tailoring Rule" (Tailoring Rule) (75 FR 31514). The final rule establishes a separate major source threshold and Prevention of Significant Deterioration (PSD) significance level for greenhouse gases (GHGs) in the form of carbon dioxide equivalents (C02e.) This action will amend LAC 33:III.502.A and 509.8 to adopt the federal thresholds. On April 2, 2010, EPA published a final rule entitled "Reconsideration of Interpretation of Regulations That Determine Pollutants Covered by Clean Air Act Permitting Programs" (75 FR 17004). 

### 5

ASSOCIATED REPORTERS, INC. (225) 216-2036**----------~--~---------------··-----**LDEQ-EDHS Document 7788242, Page 8 of 20

1 2 3 4 5 6 7 8 9 10 11 12 13 

### 14 15 16 17 18 19 20 21 22 23 24 25 DEPARTMENT OF ENVIRONMENTAL QUALITY Under the terms of this action, GHGs become "subject to regulation" and .Title

v and PSD program requirements begin to apply on January 2, 2011. LAC 33:III.509B currently defines**~major** stationary source'' and

,, s i g n i f i c a n t , " i n r e 1 e. v a n t p a r t , a s follows: Major Stationary Source

- 

### a. any of the stationary sources of air pollutants listed in Table A of this definition that emits, or has the potential to emit, 100 tons per year or
more of any pollutant subject to regulation under this Section; b. or stationary source categories other than those listed in Table A ·of this definition, any**~tationary** source that emits, or has the potential to emit, 250 tons per year or more of any air pollutant subject to regulation under this Section; Significant

- 

### b. in reference to a net emissions increase or the potential of a source to 

### 6

ASSOCIATED REPORTERS, INC. (225) 216-2036LDEQ-EDMS Document 7788242, Page 9 of 20

1 2 3 4 5 6 7 8 ·g 10 11 12 13 14 15 16 17 ·18

. 19

20 21 22 23 24 25 DEPARTMENT OF ENVIRONMENTAL QUALITY emit a regulated NSR pollutant that Subparagraph a of this definition does not list, any emissions rate; Consequently, in the absence of thresholds specifically tailored to GHGs, the Title 

### v and**.P~D** major source threshold would be 100 or 250 tons per y e a r ( d e p e n d i n g o n t h e s o u r c e c a· t e g o r y ) , and any increase in GHG emissions resulting from a physical change or change in the method of operation at a major source would trigger PSD review. According to the Tailoring Rule, this would greatly increase the number of required permits, impose undue costs on small sources, overwhelm the resources of permitting**authoritie~,** and severely impair the functioning of the programs .(75 FR 31514). Comments will begiri .with Mr. Henry Graham. MR. GRAHAM: Good afternoon. My name is Henry Graham. I with the Louisiana Chemical Association. LCA is the trade 7

ASSOCIATED REPORTERS, INC. (225) 2 I6-2036LDEQ-EDHS Document 7788242, Page 10 of 20



# ..

1 2 3 4 5 6 7 8 9 10 11 12 13 

### 14 15 16 17 18 

### 19 20 21 22 23 24 

### 25 

### DEPARTMENT OF ENVIRONMENTAL QUALITY association representing chemical manufacturers in the state of Louisiana. Many of our members hold Title V permits and could be impacted by the proposed rules. LCA supports DEQ' s efforts to be consistent with federal requirements and

we certainly appreciate the**state~s** efforts to maintain authorization for Title V programs, although we are concerned that there are some portions of this Tailoring Rule that, however, are controversial. And we think that the DEQ needs to make sure that it has the ability to·suspend or sever portions of the proposed Tailoring Rule, if the corresponding federal rules are stayed, suspended, delayed or overturned. We also feel that there is a possibility of some changes being alternated in the near future through either executive, legislative or judicial action.**~o** we would like to request that the department consider a technical amendment 

### 8

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1 2 3 4 

### s· 6 7 8 9 

### 10 11 

### 12 13 

### 14 15 16 17 

### 18 19 

### 20 DEPARTMENT OF ENVIRONMENTAL QUALITY to the rules_to insure transition or a suspension provision. We appreciate the opportunity to comment
.. We are submitting written comments for the record that will verify
our oral comments. 

### MS. JOHNSON: Thank you, Mr. Graham. 

### MR. GRAHAM: Thank you, again. 

### MS. JOHNSON: Does anyone else care to comment on this regulation? If not, the-hearing on AQ314ft is close. Thank you for your attention and participation. This hearing is closed. 

### THE HEARING CONCLUDED AT 1:36 P.M. 

# • • • 

# • • 9

ASSOCIATED REPORTERS, INC. (225) 216-2036**~------------------------··--**LDEQ-EDMB Document 1188242, Page 12 of 20



# ..

DEPARTMENT OF ENVIRONMENTAL QUALITY 

### R E P 0 R T E R' ' S P A G E 1 2 I , 

### Lori B. Overland, Certified Court 3 Reporter, in and for the State of Louisiana, 4 the officer, as defined in Rule 28 of the 5 

### Federal Rules of Civil Procedure and/or 6 

### Article 1434(b) of the Louisiana code of 7 Civil Procedure, before whom this sworn 8 testimony was taken, do hereby state on the 9 Record 

### 10 That due to the interaction in the 11 spontaneous discourse of this proceeding, 12 dashes (--) have been used to indicate 13 pauses, changes in thought, and/or talk 14 overs; that same is the proper method for a 15 Court Reporters's transcription of 16 proceeding, and that the dashes (--) do not 17 indicated that words or phrases have been 18 left out of**thi~** 

### transcript; 19 ·That any word's and/or names which could 20 

### not be verified through reference material 21 have been denoted with the phrase 22 "(inaudible)."

Lori Overland, C.C.R. 

### 10

23 24 25 

# * 97083

ASSOCIATED REPORTERS, INC. (225) 

### 216·2036



# ____________________ ,.,.



## ___ ..LDEQ-EDHS Document 7766242, Page 13 of 20

1 

### 2 DEPARTMENT OF ENVIRONMENTAL QUALITY 

### C**~** 

### R T I F 

### I C A T 

### I 0 N I, the undersigned reporter, do hereby 3 certify that the above and foregoing is a 4 true and correct transcription of the 5 stenomask tape of the proceedings had 6 herein, taken down by me and transcribed 7 under my supervision, to the best of my 8 ability and understanding, at the time and 9 place hereinbefore noted, in the above 10 entitled cause. 11 

### I further certify that the witness was 12 duly sworn by me in my capacity as a 13 Certified Court Reporter pursuant to the 14 ·provisions of R.S. 37:2551 et seq. in and 15 for the state of Louisiana; that I am not of 16 counsel nor related to any of the counsel of 17 any of ttie parties, nor in the employ of any 18 of the parties, and ·that I have no interest 19 in the outcome of this action. 20 

### I further certify that my license is in 21 good standing as a court reporter in and for 22 the state of Louisiana. 23 24 

### 25 ·Lori' Overland, C.C.R. .# 

### 97083 ll

ASSOCIATED REPORTERS, INC. (225) 216-2036LDEQ-EDHS Document ?88088?, Page 6 of 15

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION6



### Mr. Donald Trahan Office ofthe Secretary Legal Affairs Division · P.O. Box 4302 Baton Rouge, LA 70821-4302 \445 ROSS AVENUE. SUITE 1200 DALLASTX 75202·2733 

# NOV 242010

RE: EPA**Co~ents** 

### on Proposed AQ314ft- LAC 33:1U.502(A) and 509(B) Dear Mr. Trahan: Thank you for providing us the opportunity to review and 

### comment on the proposed revisions to the Louisianatitle V and Prevention ofSignificant Deterioration (PSD) programs at Louisiana Air Code, Tille 33, Part III, Sections 502(A) and 509(8), and 

### the associated revisions to the Louisiana State Implementation Plan (SIP) and title Vprogram as they pertain to GHGs only. The proposed rulemak.ing revises the Louisiana PSD and 

### title Vprograms to establish the greenhouse gas-specific pennittingthresholds consistent with EPA's final rule "Prevention of Significant Deterioration and Title VGreenhouse 

### <1as Tailoring Rule" published on June 3, 2010 (see75 FR31514). We are supportive ofthe proposed rule revisions, but note that there are several significant differences between the proposed Louisiana provisions and the federal GHG Tailoring Rule provisions at40 CFR parts 52.21 and 70.2 as outlined in ourenclosed**co~ents.** 

### These areas ofdifference

# must be corrected for the Louisianaprogram to implement the GHG Tailoring Rule thresholds as EPA intended. · We encourage the LouisianaDepartment ofEnvironmental Quality (LDEQ) to adopt these revisions with the corrections identified 

### in the enclosure as expeditiously as possible to implement the GHG Tailoring Rule provisions in the State ofLouisiana by January 2, 2011. We would appreciate the opportunity to review the revised rulemaking language prior to adoption to ensure the revisions address our concerns and adequately implement the GHG Tailoring Rule provisions.



## 'LDEQ-EDHS Document ?880887, Page 1 ot 15



## .. 2

We appreciate the timely efforts ofthe LDEQ to update the PSD and title Vprograms and your willingness to consult EPA Region 6

### throughoutthis process. We look forward to future collaboration with LDEQ on the implementation ofthe 

### GHG Tailoring Rule. Ifyou have any questions about the GHGTailoring Rule, or about EPA's review ofyourproposed Nlemaking, please feel free to contact me at 214-665-6435 or contact Ms. AdinaWiley ofmy staffat 214-665-2115. ·

Enclosure

cc: ·Mr. Bryan Johnston Louisiana Departmem ofEnvironmental Quality f'Ycerely yours,.•.7 •·

# ~.,{l~t:-- JeffRobinson Chief Air Permits SectionLDEQ-EDMS Document 7880887, Page 8 of 15

I • ----·--·--- 

# -----------------------

Enclosure 1. 1l1e 

### definition of

### majorsowce at 40 CFR 70.2 states th3t a major source for purposes of title Vis a major stationary source that directly emitsor has the potential to.emit 100 tpy or more ofany air pollutant subjectto regulation. GHGs

## w:e fwther identified as 

### subjecl 10

### regulation for purposes oftitle V 

### as ofJuly I,

### 20I I,

### at stationary sources emitting or having the potential to emit 100,000 tpy ofcarbon dioxide equivalent emissions (C02e). Therefore, for a source to become subject to title V because ofGHG emissions, the source must directly. emit orhave the potential to emit I

### 00 tpy or more ofGHGs and emit or have the potential to emit I

### 00,000 tpy C02e after July I,

### 20 I I. A!l 

### currently proposed, the revisions to 

### Major Source at LAC 33:111.502(A) differ from the federal regulations in that they exempt GHGs from the 

### I00 tpy mass basis for title V applicability. A source would becQme subject to title V solely based on directly emitting or having the potential to emit 100,000 tpy C(he afterJuly 

### I, 2011. 2. The revisions to LAC 33:11l.509(B) definition ofMajor Source do not completely satisfy the mass basis for PSD applicability as outlined in 

### the definition of"subjectto regulation" at 40 CFR 52.2J(bX49)(iv) 

### and (v). Under federal PSD requirements, the 1001250 tpy mass basis continues to apply under Phase I 

### and Phase 2 ofthe 

### Tailoring Rule implementation. a) Under Phase I 

### (January 2- June 30, 201 I)

### a new source that is major for non-GHGs that also has the potential to emit 75,000 tpy C02e 

### will be subject to PSD. The proposed Louisiana rules correctly provide this functionality consistent.with 40 CFR 52.2 I

### (b)(49)(iv)(a). b) However, the proposed Louisianarules are unable to correctly implementthe remainder ofthe definition of"subject to regulation" at 40 CFR 52.2l(b)(49Xiv)(b) and (v). i.



### ii.

iii. 

### For example, under Phase I 

### an existing source that is majorfor non-GHGs 

### will be subjectto,PSD permitting for GHGs ifit also has a significant emission increase of75,000 tpy C(heand a net emissions increase of greater than 0 tpy mass basis for GHG emissions. The proposed Louisiana revisions do not allow for the greaterthan 0tpy mass basis consistent with 40 CFR 52.2l(b)(49)(iv)(b). Under Phase 2 (starting July I,

### 20I I), 

### a new source can 

### be subject to GHG PSD peimitting as described above at 2(a), or the source could become subject to GHG PSD pennitting with a GHG PTE of 100,000tpy C(he and the I001250 tpy major source mass basis. The proposed Louisiana revisions to do not allow for the 100/250tpy mass basis to apply to new sources ofGHGs after July 1, 20II, &Insistent with 40 CFR 52.21(b)(49)(v)(a). Under Phase 2, a modification will continue to be subject to GHO PSD permitting as described above at 2(b)(i), orthe modification could.becomeLDEQ-EDMS Document 7880887, Page 9 of 15



### 2

. subject to GHG PSD pennitting ifthe existing sou"e**has~** 

### PTE equal 

### or

greater than I00,000 

### tpy C02e and satisfies the I001250 

### tpy inass basis and the modification resui!S'in a significant emissions increase of75,000 

### tpy**C~e** 

### and has greater than 0

### tpy mass basis for GHGs. Additionally under Phase 2, 

### an existing minor source for PSD could have a modification that has actual or potential GHG emissions equal to or greater than 100,000 

### tpy**C~e** 

### and I001250 

### tpy mass basis. In each of these inslances the mass basis applies to the GHG emissions. The proposed Louisiana revisions do not provide that·

### the mass basis forPSD applicability includes GHG emissions, consistent with 40 CFR · 52.2l(b)(49){v)(b).LDEQ-EDHS Document 7880887, Page 2 of 15 

# LGA LOUIS.IANA CHEMICAL ASSOCIATION DAN B. BORNE 

# ...........

Mr. Donald Trahan Attorney Supervisor Office ofthe Secretary Legal Affairs

### Division Box4302 Baton Rouge, LA 70821-4302 November 24, 20I0 Hand De!iyerc<l

Subject: Proposed DEQ Greenhouse Gas (GHG) TailoringRule- AQ314ft The Louisiana Chemical Association (LCA) hereby submits the following comments concerningproposed LouisianaDepartment ofEnvironmental Quality (DEQ) rules AQ314ft. LCA requests that DEQ respond to ourcomments priorto seeking legislative oversight approval ofAQ314ft. LCA is atrade association representing 64 chemical manufacturers at more than 90 locations in the state ofLoui!riana. Most ofour members have Title VPennits required by the Clean AirAct and would be affected by the proposed rulemaking. LCA supports the LouisianaDepartment ofEnvirorunental Quality (DEQ) in adopting rules consistent with federal requirements. Theproposed DEQ rules appear to be identical to federal regulations published in

### the June 3, 2010 Federal Register. LCA requests that comments submittedby any ofour members, the LouisianaMidContinent Oil & 

### Gas Association (IMOGA) and by the Air Permitting Forum be considered as part ofLCA'scomments in the public record ofthis rulcmak:ing. Although we appla11d DEQ's efforts to maintain consistency and avoid imposingunnecessary burdens on the regulated community, we request that DEQ include provi!rions that would suspend or allow severabilityofportions ofthe proposed "tailoring"ruleifthe corresponding federal rules are stayed, suspended, delayed or overturned. We recognize the controversial nature ofthe federal GHG rules and the possibilityoftheir being altered or delayed by future executive, legislative orjudicial actions. Several pending legal actions could prevent the implementation ofthefederal rules. If

### this should occur, we. would not want 

### the state's adoption ofsimilarrules to force the regulated communityto comply with rules that are not required or inconsistent with the federal program.

ONE AMERICAN PLAC:E, BURl 2040 UI1HI ROUOE, LOUISIANA 1D825 PHDIIE (Z2I) 144-ZIDI FAX (225) IG-1DG7 ww.loo.OIILDEQ-EDMS Document 7880887, Page 3 of 15



# . ..

We n:questthatDEQ eiiSUI'e thatiffederal application ofthe Prevention ofSignificant Deterioration (PSD) and/or Clean Air

### ActTitle Vprograms 

### to Gn:enhouse 

### Gas emissions is stayed or abated, the DEQ GHO rules will automatically be limited as well. LCA also supports the position thatDEQ's proposedrules should not applyminorNew Source Review (NSR) pennitting to GHGs. LCA is aware that carbon dioxide (CO,) is included as a "pollutant"in the InsignificantActivities Listprovided in Section 501(B)(S) ofthe. DEQ Air 

### Quality regulations. However, the listing ofCO, as apollutant should not triggerminorNSRpermitting. DEQ also should clarifYthat otherGHG equivalent emissions also 

### will 

### not triggerminorsourcepermittingunderthe proposed rules. LCA believes thatthe changes requested canbemade byDEQusingtechnical amendments thatwill not substantiallydelay this proposedrulemaking. Yourconsideration ofourcomments would be greatly appreciated. Sincerely,

# ~lm~>h, Vice PresidentofEnvironmental

# "'iJm~ General CounselLDEQ-EDMB Document 7880887, Page 4 of 15



### I. i I ,. 

# LOUISIANA MID-CONTINENT OILAND GASASSOCIATION

November 24, 2010
Donald Trnhan Attorney Supervisor 730 NORTH BOULEYARD, BAlON ROUOE, LA 70802 TELEPHONE (225) 387-3205 FAX (225) 344-SS02 E-MAIL 

### METCAI.F@Lmoga.com

Louisiana Department ofEnvironmental Quality Office ofthe Secretary Legal Affairs Division 602

### N. Fifth Street Baton Rouge, Louisiana 70802

. RE: Proposed Air Permitting Amendments for Greenhouse Gases

-**~og** 

### No AQ314ft The Louisiana Mid-Continent Oil

### ~d Oas Association (LMOGA) appreciates the opportunity to comment on the proposed Air Permitting Amendments for Greenhouse Oases (Log No AQ314ft) that appeared in 

### the October 20, 2010 Louisiana Register. LMOGA is an industry trade association representing individuals and companies who together produce, .refine, bansport and marl<et crude oil, nalunll gas and petroleum products in Louisiana. LMOOA members in the production, pipeline and refming sectors are affected by this rulemaking. Comment I: The rule language should be identical to 

### thefederal rule. This propOsal is intended to be identical to fedeml regulations known as the "Tailoring Rule" (Prevention ofSignificant Deterioration and Title V Greenhouse Gas Tailoring Rule) which EPA promulgated June 3, 2010, at FR 75, Part 106, Pages 31606-31607. However, AQ314ft as proposed does not adopt rule language identical to 

### the federal rule. The differences and omissions from the fedeml rule language potentially result in substantive, though unintended, changes to the federal requirements. Technical amendments are required in order to render AQ314ft identical to the 

### !Cderal rule as intended. I.MOGA strongly encourages the LDEQ to adopt rule language identical to the fedeml rule in orderto avoid any unintended differences in the 

### program. Comment 2: The rule should incorporate a provision to ensure that the State rule is only effective if thefederal rule is effective. Numerous states and industry groups have appealed the Tailoring Rule and other EPA rules lttat collectively impose PSD permitting on stationary sources for GHGs**an~** 

### led EPA to adopt the Tailoring Rule. In 

### addition, a motion to stay has been filed in the DC Circuit Court ofAppeals. While the LMOGA recognizes that the LDEQ is moving forward to adopt the Tailoring Rule atLDEQ-EDMS Document 7880887, Page 5 ot 15



# ..

... Mr. Donald Trahan November 24, 2010 Page2

this time in response to 

### EPA's interpretation that PSD will apply Ill OHGs effective January 2, 

### 2011 and in orderto avoid the imposition ofPSD on very small stationary sources, it is critical that the LDEQ rule not be 

### imposed in the event the federal rules are stayed, vacated, or withdrawn in response to the pending legal challenges. Acconlingly, LMOGA requests that LDEQ adopt a provision that would stay the effectiveness ofpermitting requirements for GHGs in the event the fedeml rule is stayed, vacated or withdmwn, either all or in part. Once again, LMOGA appreciates the opportunityto submit these co_mments. Sincerely,

# ~~:~~f Director ofEnvironmental AffairsLDEQ-EDMS Document 1880881, Page 10 ot 15

. ----- -------------··- ---··-------------

Commentsoftbe AirPermittingForum on Proposed Cbanges to Louisiana's Prevention ofSignificant Deterioration Regulations to

lmplemeotEPA'sGreenhouseGasTailoriog Rule The Air Pennitting Forum (APF or Forum) submits these comments to the Louisiana Department ofEnvironmental Quality (LDEQ) on the rulemaking proposal to address the U.S. EPA's decision to regulate greenhouse gases (GHGs) from stationary sources under the Prevention of Significant Deterioration (PSD) construction pennit program and the Title V operating permit program. These proposed changes would incorporate EPA's Tailoring R'ule provisions that raise the major source threshold to I00,000 tons per year (tpy) carbon dioxide equivalents (C02e) and the PSD significance level to 75,000. tpy C02e. The APF is a trade association that focuses on implementation of Clean Air Act pennitting and other environmental requirements. Forum members operate facilities in Louisiana and therefore are affected by the proposed regulations. These comments address four issues: (I) the need for a sunsetting provision so that Louisiana's regulations are no more stringent than federal rules should litigation challenging the rules be successful; (2) the need to ensure minor new source review (NSR) is not applicable to GHGs; (3) the need to ensure the regulatory language would not re-create a PSD trigger below the I00,000 ton threshold should EPA promulgate an NSPS applicable to GHGs; and (4) the need to ensure that sources meet both the C02e and a mass GHG emissions level before triggering PSD orTitle V. 

### Need for aSunsettlng Provision: The Forum appreciates that LDEQ is trying to ensure that facilities in Louisiana will not become subject to permitting at a major source level of 100 tpy or 250 tpy and that modifications will not be subject to a 0 tpy significance level. At the same time, we believe that LDEQ could interpret its regulations such that only criteria pollutants can trigger PSD although pollutants "subject to regulation" would be subject to the best available control technology requirement. Since LDEQ has indicated however that it is interpreting its rules to allow GHGs to trigger PSD, it would also be appropriate for LDEQ to include in its rules a an "expiration" or "sunsetting" ofthe provisions regulating GHGs under the PSD and Title V program in light of the cum:nt litigation challenging EPA's decisions to regulate greenhouse gases under the Clean Air Act. As LDEQ is aware, U.S. EPA has taken several actions that have led to the federal Tailoring,Rule establishing the I00,000 ton per year C02e threshold for major sources under PSD and Title V and the 75,000 ton per year significance level. Each of these actions is being challenged in the U.S. Court ofAppeals for the D.C. Circuit. These challenges raise several issues, most important of which for this proposed rule are whether GHGs are intended to be within the tenn "subject to regulation" and whether GHGs ·can trigger the requirement to obtain a PSD pennit when EPA has not even**L--------------~~--------------·**LDEQ-EDMS Document 7880887, Page 11 of 15

established a NAAQS for GHGs. The validity of EPA's actions will be judged by the courts over the course ofthe next year. In addition, on September 15, 2010, a motion to ·stay the stationary source effects ofthe GHG rules was also filed seeking to prevent the triggering ofPSD and Title V until EPA's authority can be addressed by the courts. In light ofthese pending actions, it is important that the state's adoption ofthe EPA Tailoring Rule thresholds not put it in a position where the federal government is not implementing the stationary source permitting programs for GHGs but LDEQ is forced to follow its own regulations and apply these programs and

. We recommend, therefore, that the DEQ include a provision in the regulations directly that conditions the application of PSD and Title V to stationary sources within the state on the continued validity ofthe provisions at the federal level. For example, the following language could be included at the end ofthe "subject to regulation:• definition to 'ensure that the state is not implementing PSD or Title V for GHGs in such a case: The provisions ofthis rule establish specified thresholds for determining if a source is major and .ifan increas.e in emissions is significant under these rules. The determination that these rules require sources to obtain a permit for GHG emissions is contingent on the continued implementation ofthe federal determination that GHG emissions can trigger the requirement to obtain a permit under Part C ofTitle I ofthe federal Clean Air Act. Ifa court, the U.S. Environmental Protection Agency, or the President or his authorized agent, acts to stay or otherwise invalidate applicability of Part C ofTitle I to stationary sources ofGHGs, these regulations shall not operate to require stationary source permits for such sources beyond the extent to which the court validates and authorizes implementation ofthe federal. rules. To the extent that any court or other federal action or determination requires the permitting of any stationary source of GHG emissions at levels below the permitting thresholds set forth in this rule, the permitting thresholds in this rule shall remain in effect unless and until

· this rule is amended or rescinded.

. This provision (or a provision like it) is especially important to the extent that EPA acts on a proposed state implementation plan revision. Under General Motors Company v .. U.S., 496 U.S. 530 (1990), and a new case U.S. v. Cinergy, Nos: 09-3344, 09-3350,09- 335I, Slip Op. (7.., Cir. Oct. 12, 2010), even if a state revises its regulations, unless the EPA has actually acted to approve the SIP revision, the existing SIP regulations**~re** enforceable. This is why EPA has stated its commitment to act quickly on these Tailoring Rule SIP revisions. IfEPA does approve these state rules into the SIP quickly, however, and EPA's rules are later determined to have inappropriately imposed PSD and Title V on stationary sources ofGHGs, sources in this state will be forced to comply with these rules until the state adopts a revision and EPA approves that revision. Given the current SIP backlog and EPA's desire to regulate GHGs under the Clean Air Act, it is likely that EPA action on SIP revisions to eliminate GHG regulation will take much longer than its revisions to ensure GHGs will be regulated. By including a sunsettingLDEQ-EDHS Document 7880887, Paqe 12 of 15



### provision in the regulation itself, EPA's initial action to approve regulating GHGs under this state's SIP will be self-limiting.

1 

### Such a provision· will place Louisiana in the same position as a state that is delegated for PSD and is therefore implementing the federal rules. Moreover, it will prevent any later claims that eliminating GHGs from regulation under PSD in this state might constitute backsliding. Finally, we note that several other states are looking at similar provisions. For example, Colorado adopted one last month. The Colorado provision that was adopted states: Ifthere is a change in federal law orthe District ofColumbia Circuit Court ofAppeals or the United States Supreme C0

### urt directs or issues an order, which limits or renders ineffective the regulation of GHG emissions at stationary sources under the New Source Review Prevention ofSignificant Deterioration (PSD) or Title V provisions of the Federal Act, the regulation of GHG emissions under the corresponding programs in this Regulation Number 3 

### shall be limited or rendered ineffective to the same extent. We strongly encourage the Department to ensure that· ifthe federal application ofPSD and/or Title V 

### to GHGs is stayed or otherwise abated, the DEQ's rules will automatically be 

### limited in the same manner. Clarifying Minor New Source Review Is Not Applicable to GHGs: 

### LDEQ should clarifY that its rules do not apply minor NSR permitting requirements to GHGs. Under Section 501(8)(5), 

### the regulations include C02 as an insignificant activity pollutant. That provision states: 5. 

### Insignificant Activities List. Those activities listed in the following table are approved by the permitting authority as insignificant on the basis ofsize, emission or production rate, or type ofpollutant. By such listing. the permitting authoritv exemots certain sources or tvpes ofsources from the requirement to 

### obtain 

### a permit under this Chapter unless it is determined by the pennitting authority on a site-soecific basjs that any ·such exemption is not appropriate

.... Carbon dioxide is included in the "pollutant" list of that regulation. LDEQ should confirm that C02 will not trigger minor NSR permitting. Similarly, LDEQ should ensure that other GHGs also will not trigger minor source permitting under the rules. LDEQ defines GHGs consistent with EPA's definition to include 6 

### pollutants. All of these pollutants should be excluded from minor new source review permitting requirements. Addressing the Potentia/for GHGs to BeBrought into PSD or Title V Through EPA Promulgation of a New Source Performance Standard orAnotherAvenue: 

### EPA is currently considering adopting new source performance standards that regulate GHGs for certain source categories. LDEQ should. examine its rule to ensure that ifan NSPSLDEQ-EDHS Document 7880887, Paqe 13 of 15



### regulates GHGs, the prov1s1ons of the rules will not revert to impose pennitting requirements at I00 tons per year and 250 tons per year ofGHGs.
Ensuring ThatAny Triggering RequiresBoth Mass EmissionsAbovethe Statutory Thresholds anda C02 EquivalentEmissionsAbovethe Tailoring Thresholds: 

### The Forum also requests that LDEQ ensure that its.rules require both a ·mass emission level ofat least I00 tons per year for listed source categories and 250 tons per year for other source categories to trigger the requirement to obtain aPSD penni! ·when the source would not otherwise be a "major stationary source." The same should be true for Title V with the relevant threshold being fOO tons per year. As drafted, LDEQ insens the parenthetical qualifier "except GHGs" for the major source and major stationary source definitions. There is a separate section for GHGs that speaks only to· C02eemissions. However,.it is possible thata source could be major on aC02e basis but minor in tenns ofits mass emissions. Therefore, the definitions ofmajor source and major stationary source must require that both criteria be 

### met before a source would be classified as major. EPA addressed this in its Tailoring Rule but we did not see this requirement in ihe LDEQ proposal. 

### • 

# ••••••• The Forum appreciates the opportunity to submit these comments and requests that any questions be directed to Shannon Broome, Executive Director, Air Pennitting Forum at 510-985-1710 or sbroome@oacbell.net.LDEQ-EDHS Document 7880887, Page 14 of 15



### November 24, 2010 Donalad Trahan Attorney Supervisor Office ofthe Secretary Legal Affairs Division Box 4302 Baton Rouge, LA, 70821-4302 Donald.Trahan@la.gov 

# SIERRA CLUB

FOUNDED 1891



### Subject: Greenhouse Gas Tailoring Rule Dear Mr. Trahan: 

# I LOUISIANA 

# BUCKET BRIGADE Cfa!Jn Mr. /Ul.lln•. .**~ud.tln~hillry.**



### Because global.warming poses a serious threat to Louisiana, we are writing to offer our general support for the greenhouse gas pollution control rules proposed by Department ofEnvironmental Quality (DEQ).

. . DEQ's proposed greenhouse gas-related amendments to its air regulations will help cut pollution and support the growing clean energy economy without burdening small businesses. We need to start now: As we have sadly learned over the past years, Louisiana's coast and communities are particularly vulnerable to the risings seas and severe storms which global warming is driving. Sweltering summer days also contribute to the conditions that form ozone smog, which causes asthma and other respiratory problems. Louisiana's future depends upon controlling global warming. DEQ's approach incorporates the terms ofthe U.S. EPA's Tailoring Rule into Louisiana law. This tailoring approach is reasonable and effective because it gradually phases in global warming pollution controls by focusing only on the massive industrial facilities which emit the lion's share ofpollution and which already have .substantial expertise navigating the permitting process. At first, it will only impose permit requirements for those sources already required to get permits based on other pollutants, and only ifsuch new and old modified sources will emit more than 75,000 tons ofglobal warming pollution. At a later-date, sources will**hav~** 

### to apply based on their greenhouse gas emissions alone, but new sources will have the benefit ofa significantly higher threshold ofI00,000 tons. Modified sources will have to apply iftheir total greenhouse gas emissions are over 100,000 tons annually and the modification would increase those emissions by 75,000 tons annually. These large pollution sources have the capacity to quickly and efficiently reduce their emissions. The Clean Air Act's "best available control technology" requirement is designed to take "energy, environmental, and economic impacts" into account and to "insure that economic growth will occur in a manner consistent with the preservation ofexistingclean air resources." See 42 U.S.C. §§ 

### 7470(3); 7479(3). Companies will be able to economically comply with this requirement by installing more efficient boilers, fixing faulty equipment, and using cleaner fuels- processes which createjobs.

716 Adams Street• New. Orleans, LA • 504.861.4837 •jordan.macha@sierraclub.orgLOEQ-EOMS Document 7880887, Page 15 of 15



### Unsurprisingly, then, the Clean Air Act has a long history ofsuccessfully controlling pollution while promoting economic growth. 

### The air in our nation's cities is substantially cleaner than in 1990, when the Clean Air Act Amendments gave the Act its modem form, while the economy has Continued to grow. Data from 2005-2007, for instance, show ozone air quality improved in 99 ofthe l()!l·areas suffering from ozone smog levels worse than national air quality standards. Most ofthe country is now meeting air quality targets set years ago for carbon monoxide, nitrogen oxides and sulfur dioxide. -Lead

.levels in ambient air are 91% lower than in 1980, protecting children from bmin damage from that toxic pollutant. There is every reason to think global warming pollution controls will be equally successful. We therefore strongly support DEQ's decision to adopt the Tailoring Rule thresholds to begin and begin controlling global wanning pollution in Louisiana. That course will help to control global wanning pollution, promote clean air, and protect Louisiana and its economy. Sincerely,

Jordan Macha Field Organizer SierraClub Anne Rolfes Founding Director Louisiana Bucket Brigade

716 Adams Street • New Orleans, LA • 504.861.4837 •jordan.macha@sierraclub.org

### COMMENT

RESPONSE COMMENT

RESPONSE

COMMENT Page 1 of 6 AQ314ft* 

### Comment Summary Response 

### &Concise StatementGreenhouse Gas (GHG) Tailoring Rule LAC 33:111.502.A and 509.8, Log NumberAQ314ft

1:

1: 2:

2:

3: The commenter supports the LDEQ in adopting rules consistent with federal requirements. No arguments necessary; comment does not suggest amendment or change. The department appreciates the support. The commenter request that LDEQ GHG rules be automatically limited iffederal application ofthe Prevention of Significant Deterioration (PSA) and/or Clean Air Act Title V programs to Greenhouse Gas emissions are stayed, delayed, overturned, or abated. Ifthis should occur, the commenter would not want the state's adoption of similar rules to force the regulated community to comply with the rules that are inconsistent with the federal program. The department agrees with the comment; no arguments are necessary. The following provision will be added to LAC 33:111.501: Ifthere is a change in federal law or the United States Court ofAppeals for the District of Columbia Circuit or the United States Supreme Court issues an order which limits or renders ineffective the regulation ofgreenhouse gases from stationary sources under Part C ofTitle I (Prevention of Significant Deterioration ofAir Quality) or Title V (Permits) ofthe Clean Air Act, the regulation of greenhouse gases under the corresponding programs in this Chapter shall be limited or rendered ineffective to the same extent. The commenter supports the position that LDEQ's proposed rules should not apply minor New Source Review (NSR) permitting to GHGs. No arguments necessary; comment does not suggest amendment or change.
* indicates a fast-track regulation

### RESPONSE

COMMENT Page 2 of6 AQ314ft*


### 3: Minor NSR permitting is required by Section 11O(a)(2)(C) of the Clean Air Act. This provision requires the "implementation plan submitted by a State" to include a program to, among other things, provide for the: "regulation ofthe modification and construction of any stationary source within the areas covered by the plan as necessary to assure that national ambient air quality standards are achieved

... " Because there is no National Ambient Air Quality Standard (NAAQS) for GHGs (or any ofthe six compounds or classes of compounds that comprise GHGs), a minor NSR program is not required. 4: The commenter believes LDEQ's proposed rules appear to be identical to the federal regulations published in the June 3, 2010, Federal Register. 

### FOR: LDEQ's GHG Tailoring Rule should be identical to the federal regulations published in the June 3, 2010, Federal Register. 

### AGAINST: LDEQ does not propose to adopt EPA's definition of "subject to regulation." RESPONSE 4: EPA's definition of "subject to regulation" reads, in relevant part: [F]or any air pollutant, that the pollutant is subject to either a provision in the Clean AirAct, or a nationally-applicable regulation codified by the Administrator in subchapter C of this chapter, that requires actual control ofthe quantity of emissions ofthat pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions ofthat pollutant released from the regulated activity. See 40 CFR 51.166(b)(48), 40 CFR 52.21 (b)(49), 40 CFR 70.2, and 40 CFR 71.2. LDEQ does not propose to adopt EPA's definition ofthis term. LDEQ is concerned that if EPA promulgates a "nationallyapplicable regulation" requiring "actual control" of a given pollutant, that pollutant would immediately become a "regulated
* indicates a fast-track regulation

### COMMENT Page 3 of6 AQ314ft* 

### NSR pollutant" underthe Prevention of Significant Deterioration (PSD) program, even ifthe regulation does not apply to stationary sources. Further, in the absence of a duly-promulgated PSD significance level, any increase ofthe pollutant in question at a major stationary source could trigger PSD review (see LAC 33:111.509.B.Significant.b and corresponding federal regulations). 5: The commenter believes that clarification of minor NSR permitting triggers can be done by LDEQ using technical amendments that will not result in a substantial delay in the proposed rule. FOR: LDEQ should clarify that regulation of GHGs does not trigger minor source permitting. AGAINST: Because there is no NAAQS for GHGs, Section 11O(a)(2}(C) of the Clean AirAct does not require a minor NSR permitting program. RESPONSE

COMMENT

RESPONSE

COMMENT

RESPONSE 5: The commenter is concerned that listing of C02 

### as a "pollutant" (under LAC 33:111.501.B.5, Item C.3) may trigger minor NSR permitting. See LDEQ Response to Comment No. 3. 6: The commenter states that technical amendments to the proposed rule are required in orderto render AQ314ft identical to the federal rule so that no unintended differences occur in the program. The department agrees with the comment; no arguments are necessary. 6: LDEQ will reconcile differences between the proposed rule and the federal "Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule" (75 FR 31514) via technical amendments. 7: The commenter notes that there are several differences between the Louisiana proposed rule revisions and the federal GHG Tailoring rule provisions. The department agrees with the comment; no arguments are necessary. 7: LDEQ will reconcile differences between the proposed rule and the federal "Prevention of Significant Deterioration and Title V

• indicates a fast-track regulation

### COMMENT

RESPONSE

COMMENT Page 4 of6 AQ314ft" 

### Greenhouse Gas Tailoring Rule" (75 FR 31514) via technical amendments. 8: The commenter encourages LDEQ to adopt the changes that the EPA has intended for the specific thresholds. The department agrees with the comment; no arguments are necessary. 8: LDEQ will reconcile differences between the proposed rule and the federal "Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule" (75 FR 31514) via technical amendments. 9: The commenter would appreciate the opportunity to review the LDEQ revisions before the language in the rule is adopted to ensure their concerns are adequately addressed. No arguments necessary; comment does not suggest amendment or change. RESPONSE 9: LDEQ will share a draft version ofthe final rule with EPA before it is adopted. COMMENT 10: The commenter believes LDEQ should examine its rule to ensure that ifan NSPS regulates GHGs, the provisions ofthe rules will not revert to impose permitting requirements at 100 tons per year and 250 tons per year of GHGs. FOR: LDEQ's rules should not impose permitting requirements on GHGs at the 100 or 250 ton per year thresholds should EPA regulate GHG under an NSPS. AGAINST: AQ314ft ties the 100 and 250 ton per year thresholds to the stationary source's potential emissions of GHGs. RESPONSE 10: Per the definitions of "major source" in LAC 33:111.502.A and "major stationary source" in LAC 33:111.509.8, whether a stationary source is "major" is dependent on its potential emissions of GHGs (both on a mass basis and on a C02

### e basis). Any future federal standard promulgated pursuant to Section 111 ofthe Clean Air Act (i.e., NSPS) regulating GHGs would not alter the established permitting thresholds.

• indicates a fast-track regulation

### COMMENT Page 5 of6 AQ314ft*


### 11: The commenter requests that LDEQ ensure that its rules require both a mass emission level of at least 100 tons per year for listed source categories and 250 tons per year for other source categories to trigger the requirement to obtain a PSD permit when the source would not otherwise be a "major stationary source." The same should be true for Title V with the relevant threshold being 100 tons per year. The department agrees with the comment; no arguments are necessary. RESPONSE 11: LDEQ will amend the rule to specify that GHG emissions from a stationary source must equal or exceed 100 or 250 tons per year (depending on the source category) on a mass basis (i.e., no global warming potentials applied) and 100,000 tons per year on a C02

### e basis in order for it to be a "major stationary source" under lAC 33:111.509- Prevention of Significant Deterioration. LDEQ will also specify that GHG emissions from a stationary source must equal or exceed 100 tons per year on a mass basis and 100,000 tons per year on a C02

### e basis in order for it to be a "major source" with respect to the Part 70 Operating Permits Program. COMMENT 12: The commenter believes LDEQ's proposed greenhouse gasrelated amendments to its air regulations will help cut pollution and support the growing clean energy economy without burdening small businesses. No arguments necessary; comment does not suggest amendment or change. RESPONSE 12: AQ314ft is being promulgated to ensure Louisiana is on a level playing field nationally with respect to the permitting of greenhouse gas emissions while this matter is being litigated. Notwithstanding this rulemaking, LDEQ reiterates its position that global climate change is an issue that is best addressed through comprehensive federal legislation, rather than unilateral agency regulation, and emphasizes that it does not support the manner through which EPA has chosen to regulate greenhouse gases under the Clean Air Act.

• indicates a fast-track regulationPageS of6 A0314ft'


### Comment Summary Response 

### & Concise StatementGreenhouse Gas (GHG) Tailoring Rule LAC 33:111.502.A and 509.8, Log Number AQ314ft



### COMMENT# 

### 1-7,10,11 1 - 3, 6, 7



### 6- 9, 11 1 - 3, 10, 11 12

12 Comments 5 Commenters

• indicates a fast-track regulation 

### SUGGESTED BY Louisiana Chemical Association Louisiana Mid-Continent Oil and Gas Association EPA- Region 6 Air Permitting Forum Sierra Club/Louisiana Bucket Brigade

# Appendix B

Revisions to the: Prevention ofSignificant Deterioration and Title V Greenhouse Gas Tailoring Rule

### PROPOSED 

### RULE/October 20, 2010



## Title 33 ENVIRONMENTAL QUALITY Part III. Air
Chapter5. Permit Procedures §502. Definitions 

### AQ314ft

A. Except where specifically provided inanother Sectionherein, the following definitions apply to terms used in this Chapter. Except as provided inthis Chapter, terms used in this Chapter retain the definitionprovided them in LAC 33:III.111 or the LouisianaAir Quality regulations. Wherever provisions related to theAcid RainProgram are concerned, the definitions provided in40 CFRPart 72 shall apply. 

## * ** C02Equivalent Emissions (COle)

- the emitted amount ofgreenhouse gases CGHGs) computed by multiplying the mass amount ofemissions for each ofthe six greenhouse gases in the pollutant GHGs by the gas'sassociated global wanning potentiaL published in Table A-l to Subpart A of40 CFRPart 98-Giobal Warming Potentials, and summing the resultant value for each. 

## * 

# * * Greenhouse Gases (GHGs)

- an air pollutant defined as the aggregate group ofsix greenhouse gases: carbon dioxide, nitrous oxide. methane, hydrofluorocarbons. perfluorocarbons, and sulfurhexafluoride. 

### Major Source-for the purposes ofdeterminingthe applicabjlity of40 CFR Part70 orofLAC 33 :III.507, any stationary source or any group ofstationary sources that are located on one or more contiguous oradjacentproperties, that are under common controlofthe sameperson (or persons under common controJ), and that are described in Subparagraph a, b, ef C, 

### ord ofthis definition:
a.1

. - 11. 

### b. any stationary sourcethat directly emits or has the potential to emit l00 tpy ormore ofany regulated air pollutant (except for GHGs) excluding any air pollutant regulated solely under Section 112(r) ofthe CleanAirAct. Fugitive emissions ofa stationary source shall be considered in determining whether it is a major source under this Subparagraph:

1.

- Jl

. .. .

### PROPOSED 

### RULE/October 20, 2010 AQ314ft



### c. any major stationary source as defined in PartD (Nonattainment) of Title I ofthe Clean Air Act, including any source defined as a major stationary source under LAC 33:III.504.K -:-; d. as ofJuly 1, 2011, any stationary source that directly emits orhas the potential to emit 100,000 tpy CO?e. 

### * 

## * * AUTHORITYNOTE: Promulgated in accordance withR.S. 30:2054

. HISTORICALNOTE: Promulgated by the Department ofEnvironmental Quality, Office ofAir Quality and RadiationProtection,Air Quality Division, LR 19:1420 (November 1993), amended by the Office ofEnvironmental Assessment, Environmental Planning Division, LR 26:2445 (November 2000), LR28: 1950 (September 2002), amended by 

### the Office ofthe Secretary, Legal Affairs Division, LR36:**

.
§509. Preventjon ofSignificantDeterioration
A.J 

### -5

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

## * * * COzEquivalent Emissions (CO.l e)

- the emitted amount ofgreenhouse gases CGHGs) computed by multiplying the mass amount ofemissions for each ofthe six greenhouse gases inthe pollutant GHGs by the gas's associated global warming potential published in Table A-1 to Subpart A of40 CFR. Part 98-Global Wanning Potentials, and summing the resultant value for each. 

## * * 

## * Greenhouse Gases (GHGs)

- an air pollutant defined as the aggregate group ofsix greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrotluorocarbons, pertluorocarbons, and sulfur hexafluoride. 

### * 

## * * Major Stationary Source

a. any ofthe stationary sources ofair pollutants listed in TableA ofthis definition that emits, orhas the potential to emit, 100 tons per year or more ofany pollutant (except for GHGs) subject to regulation under this Section;

2

### PROPOSED RULE/October 20, 2010 

### AQ314ft

b. for stationary somce categories otherthanthose listed inTable A of this definition, any stationary source that emits, or has the potential to emit, 250 tons per year or more ofany air pollutant (except for GHGs) subject to regulation under this Section; ef



### c. as ofJuly 1, 2011, any stationary source which emits, or has the potential to emit at least 100,000tons peryear CO £

e: or 

## e

g. any physical change that would occur at a somce not otherwise qualifying as a major stationary source under Subparagr aphs**a~** 

### aaab_,_Q[_£ ofthis definition ifthe change would constitute a major source by itself ;

a major source that is major for volatile orgamc compounds or nitrogen oxides shall be considered ma j or for ozone;

ef. the fugitive emissions ofa stationary source shall not be included in determining for any ofthe purposes ofthis Section whether it is a 

### major stationary source, unless t he source is listed in Table A ofthis definition or, as ofAugust 7, 1980, is being regul ated under Section 111 or 112 ofthe Clean Air Act. 

## * * * Significant

a. in reference to a net emissions increase or the potential ofa 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 l00 tons per year (tpy) Nitrogen oxides 40 tpy Sulfur dioxide 40 tpy Particulate matter 25 tpy ofparticul ate emissions 15 tpy ofPM,0 emissions Ozone 40 tpy ofvolatile organic compounds or nitrogen oxides Lead 0.6 tpy Fluorides 3 tpy Sulfuric aci d mist 7 tpy Hydrogen sulfide (H2S) 10 tpy Total reduced sulfur 

## I (including H2S) 10 tpy Reduced sulfur 10 tpy compounds (including H2 S)



### 3

## PROPOSE D RULE /October 20, 2010 

### AQ314ft

Pollutant Emission Rate Municipalwaste combustor organics 1 0.0000035 tpy Municipalwaste combust or metals2 tS tpy Municipal waste combustor acid gases3 40 tpy Municipal solid waste landfills emissions4 50 tpy GHGs (as**C0 ~**  75,000 t(2:t:
1Measured as total tetra

- through acta-chlorinated

dibenzo-p-di oxins and dibenzofurans. 1Measured as particulate matter. 3Measured as sulfur dioxide and hydrogen chloride

. 4Measu red as nonmethane organic compounds. 5Effective Januarv 2

. 20 11

.

## * * 

# * AUTHORITYNOTE: Promulgated in accordance with R.S

. 30:2054. HISTORICALNOTE: Promulgated by theDepartment ofEnvironmental Quality, Office ofAir Quality and NuclearEnergy,Air Quality Division, LR 13 :741 (December 1987), amended LR 14:348 (June 1988), LR 16:613 (July 1990), amended by the Office ofAir Quality and Radiation Protection,Air Quality Division, LR 17:478 (May 199 1), LR 21: 170 (February 1995), LR 22:339 (May 1996), LR23:1677 (December 1997), LR 24:654 (April 1998), LR24:1284 (July 1998), repromutgated LR25:259 (February 1999), amended by the Office ofEnvironmental Assessment, Environmental Planning Division, LR 26:2447 (November 2000), LR27:2234 (December 200 1 ), amended by the Office ofthe Secretary, Legal Affairs Division, LR 31:2437 (October 2005)>

### LR 31:3135, 3156 (December 2005)> 

### LR 32:1600 (September 2006), LR 32:1843 (October 2006), LR36:**

.

4

### 1

. 

### 2

. 3

. 4

. 

### 5. 6

. 

## List ofTechnical Amendments AQ314ft 

## Greenhouse Gas (GHG) Tailoring Rule (LAC 33:111.501.C , 502.A, & 

### 509

.8)

Citation Amendment §501.C

.14 new paragraph 

### §502.A.MajorSource

.d added text §509.B

.Major 

### Stat ionar y Source.c added text 

### §509.B.Significant

.a (GHGs) added text 

### §509

.B.Si gnificant.Note 5 changed text §509

.B

.

### Significant.d new subparagraph

### FINAL RULE with Technical Amendments/March 21 , 2011



## Title 33 

## ENVIRONMENTAL QUALITY 

## PartIII. Air Chapter

### 5

. Permit Procedures §501. Definitions A.-C

.l3

.... 

### AQ314ft**~** 

### Ifthere is a change in federal law or the United States Court ofAppeals for the District ofColumbia Circuit or the United States SupremeCourtissues an order which limits or renders inetTecti\'e the regulation ofgreenhouse gases from stationary sources under Part C ofTitle I (Prevention ofSignificant Deterioration ofAir Oualitv) orTitle V (Permits) ofthe CleanAir Act, the regulation ofgreenhouse gases under the corresponding programs in this Chapter shall be limited or rendered ineffective to the same extent. AUTHORITY NOTE: Promulgated in accordance with R

.S. 

### 30:2011 and 

### 2054. HISTORICAL NOTE: Promulgated bythe DepartmentofEnvironmental Quality, Office ofAir Quality and Nuclear Energy, Air Quality Division, LR 

### 13:741 (December 

### 1987), amended by the Office ofAir Quality and Radiation Protection, Air Quality Division, LR 

### 16:6 13 (Jut y 

### 1990), LR 

### 17:478 (May 

### 1991 ), LR 

### 19: 1420 (November 

### 1993), LR 

### 20:1281 (November 

### 1994), LR 

### 20:1 

### 3 75 (December 

### 1994), LR 

### 23:1677 (December 

### 1997), amended by the Office ofthe Secretary, LR

### 25:660 (April 

### 1999), amended by the Office ofEnvironmental Assessment, Environmental Planning Division, LR 

### 26:2445 (November

### 2000), LR

### 28:997 (May 

### 2002), amended by the Office ofEnvironmentalAssessment, LR 

### 31:1063 (May 

### 2005), amended by the Office ofthe Secretary, Legal Affairs Division, LR 

### 31 :2436 (October 

### 2005), LR 

### 32: 1842 (October 

### 2006), LR 

### 33:2082 (October 

### 2007), LR

### 33:2626 (December 

### 2007), LR 

### 35:461 (March 

### 2009), LR 

### 35:2351 (November 

### 2009), LR 

### 37:**.
§502. Definitions A 

### Except where specifically provided in another Section herein, the following definitions apply to terms used in this Chapter. Except as provided in this Chapter, terms used in this Chapter retain the definition providedthem in LAC 

### 33 :lll.111 or theLouisianaAir Quality regulations. Whereverprovisions related to the Acid Rain Program are concerned, the definitions provided in 

### 40 CFR Part 72 shall apply. 

## * * * 

# co,Equivalent Emissions (CO,e)

- the emitted amount of

### greenhouse gases (GHGs) computed-by multiplying the mass amount ofemissions for each ofthe six 

### GHGs by its associated global warming potential, published in Table A-1 to SubpartA of

### 40 CFR Part 

### 98-

### FINAL RULE with Technical Amendments/March 21,2011 AQ314ft

Global Warming Potentials, and summing the resultant value for each. (See

### greenhouse gases (GHGs).) 

## * * * Greenhouse Gases (GHGs)

- an air pollutant defined as the aggregate group ofsix greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfurhexafluoride. 

### Major Source

- for the puiJ>oses ofdeterminingthe applicability of40 CFRPart70 

### or ofLAC 33:Ill.507, any stationary source or any group of stationary sources that are located on one ormore contiguous oradjacentproperties, that are undercommon control ofthe sameperson (or persons under common control ), and that are described in Subparagraph a, b, ef C, 

### or d ofthis definition:

a.-a.11. 

### b. any stationary source that directly emits or has the potential to emit 100 tpy or more ofany regulated air pollutant (except for GHGs) excluding any air pollutant regulated solely under Section 112(r) ofthe Clean AirAct. Fugitiveemissions ofa stationary source shall be considered in determiningwhether it is a major source under this Subparagraph:

I.
- I I.

...


### c. any major stationary source as defined inPart D (Nonattainment) of Title 

### I ofthe Clean Air Act, including any source defined as a major stationary source under LAC 33**Ill.504.K ~**  

### d. as ofJuly 

### L 20

### ll,any stationary source that directlv emits or has the potentialto emit 100 tpy or more of

### CJHGs on a mass basis (i.e

.. no global warming potentials app_lied) and 

### l 00,000 tpy or more of

### COl£.:. 

## * * * AUTHORITYNOTE: Promulgated in accordance with 

### R.S. 30:2054. HISTORICAL NOTE: Promulgated by the Department ofEnvironmental Quality, Office ofAir Quality and Radiation Protection,Air Quality Division, LR 19:1420 (November 1993), amended by the Office ofEnvironmentalAssessment, Environmental PlanningDivision, LR 26:2445 (November2000), LR 28:l950 (September 2002), amended 

### by the Office ofthe Secretary, LegalAffairs Division, LR 36:2553 (November20l0), LR 37:*

## *
§509. Prevention ofSignificantDeterioration A.

- A.5

. .. .

2

### FINAL RULE with Technical 

### Amendments/March 21 >2011 AQ314ft



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

## * * * C02Equivalent Emissions (CO ? e)

- the emitted amount ofgreenhouse gases CGHGs) computed bymultiplying the mass amount ofemissions for each ofthe six greenhouse gases in the pollutant GHGs by the gas' s associated global warming potential published in Table A-1 to Subpart A of40 CFR, Part 98-Global Warming Potentials, and summing the resultant value for each. 

## * * * Greenhouse Gases (GHGs)

- an air pollutant defined as the aggregate group ofsix greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfurhexafluoride

. 

## * * * Major Stationary Source

a. any ofthe stationary sources ofair pollutants listed inTableA ofthis definition that emits, or has the potential to emit, 100 tons per year or more ofany pollutant (except for GHGs) subjectto regulation under this Section; b. for stationary source categories other than those listed in Table A of this definition, any stationary source thatemits, or has the potential to emit, 250 tons per year or more ofany air pollutant (except for GHGs) subject to regulation under this Section; eF



### c. as ofJuly l, 2011, any stationary source listed inTable A ofthis definition which emits, orhas the potential to emit, at least 100 tpy ormore of

### GHGs on a mass basis (i.e., no global warming potentials applied) and l00,000 tons per year or more of

### C02 e:or anv stationary source not listed in Table A that emits, or has the potential to emit, 250 tpy or more ofGHCis 

### on a mass basis and 100,000 tons per vearor more of C02e; 

### or 

### eQ

. any physical change that would occur at a source not otherwise qualifying as a major stationary source under Subparagraphs a, afldb,. or c ofthis definition if the change would constitute a major source by itself ;**.** 

### a major source that is maJOr for volatile organic compounds or nitrogen oxides shall be consider ed major for ozone;

ef. the fugitive emissions ofa stationary source shall not be included in determining for any ofthe purposes ofthis Section whether it 

### is a 

### major stationary source, unless the source is listed in Table A of this definition or, as ofAugust 7, 1980, is being regulated under Section 111 or 112 ofthe CleanAirAct.

3

### FINAL RULE with Technical 

### Amendments/March 21, 2011 AQ314ft



## * * 

# * Significant

a. in reference to a net emissions increase or the potential ofa source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:
Pollutant Emission Rate Carbon monoxide I00 tons per year (tpy) Nitrogen oxides 40tpy Sulfur dioxide 40 tpy Particulate matter 25 tpy ofparticulate emissions IStpyofPM1o emissions Ozone 40 tpy ofvolatile organic compounds or nitTogen oxides Lead 0.6 tpy Fluorides 3 tpy Sulfuric acid mist 7 tpy Hydrogen sulfide (H2S) 10 tpy Total reduced sulfur I(includingH2S) lOtpy Reduced sulfur 10 tpy compounds (including H2S) Municipal waste combustor urganics 1 0

.0000035 tpy Municipal waste I5 tpy combustor metals2 Municipal waste combustor acid gases3 40tpy Municipal solid waste 50 tpy landfills emissions4 GHGs and GHGsE as 0 IRV and 75,000 !i2Y. CO,e j resoectivelv5

4

### FINAL RULE with Technical Amendments/March 21 , 2011

b. Pollutant 

## I Emission Rate

'Measured as total tetra- through acta

-chlorinated di

benzo-p-dioxins and dibenzofurans

. 2Measured as particulate matter
. 3Measured as sulfur dioxide and hydrogen chloride

. 4Measw·ed as nonmethane organic compounds. i · ·**·+t'"'~** JatHtafY**2~** Both ofthe following

conditions must be met: ( 1) the net emissions increase ofGHGs calculated as the sum ofthe six GHGs on a mass basis (i.e., no global wanning potentials applied) equals orexceeds 0 tpy; and (2) the net emissions increase ofGHGs calculated as the sum ofthe six GHGs on a CO,e basis (i.e

.. global wanning potentials applied) equals or exceeds 75 000 tov C02 e. 

### AQ314ft

c. notwithstanding Subparagraph a ofthis definition, any emissions rate or any net emissions increase associated with a major stationary source ormajor modification thatwould constructwithin 10 kilometers ofa Class I area and have an impact on such area equal to or greater than 1 

### t..J.glm3 

### (24

-hour averageh 

### tl. notwithstanding Subparagraph a ofthis definition. between January 2. 201 1, and June 30, 2011, the pollutant 

### GHGs is "subject to regulation'' only ifthe stationarv source is (1) 

### a new major stationary source for a regulated NSR pollutant that is not 

### GHGs and also will emit or have the potential to emit 

### GHGs in a significant amount; or (2) anexisting major stationarv source for a regulated NSR pollutant that is not 

### GHGs and also will have a significant net emissions increase ofboth GHGs and another regulated NSR pollutant. 

## * * * C

. -AA.l5.b

... . AUTHORlTYNOTE: Promulgated in accordance with R.S

. 30:2054. HISTORICALNOTE: Promulgated by the Department ofEnvironmental Quality, Office ofAir Quality and NuclearEnergy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:348 (June 1988), LR 16:613 (July 1990), amended by the Office ofAir Quality and RadiationProtection, Air Quality Division, LR 17:478 (May 1991), LR21 : 170 (February 1995), LR22:339 (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 ofEnvironmental Assessment, Environmental Planning Division, LR 26:2447 (November 2000), LR27:2234 (December 2001), amended by the Office ofthe Secretary, Legal Affairs Division, LR 31 :2437 (October 2005), LR 31 :3135, 3156 (December 2005), LR 32:1600 (September 2006), LR 32:1843 (October 2006), LR 36:2556 (November 2010), LR 37:**

.



### 5Table 1. Loublau Air lmtalonPennU GeneniCoa.dltiom all applicable reqUirements, including release reporting requirements in LAC 33:l.Chapter 39.**XVIII.~** XX AUTHORITY NOTE: Promulgated in accordance with RS. 30:20II, 2023, 2024, and 2054.

HISTDRICAL NOTE: Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 35:660 (April 2009), amended LR 37:1146 (April 2011). Chapter21. Control ofEmission ofOrganic Compounds Subchapter F. Gasoline Handling §2132. Stage II Vapor Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline Dispensing Facilities A. Definitions. Tenns used in this Section are defined in LAC 33:111.111 of these regulations with the exception of those terms specifically defined as follows. 

## ••• Independent Small Marketer of Gasoline (ISBM)-a person engaged in the marketing of gasoline who would be required to pay for procurement and installation of vapor recovery equipment under this Section, unless such person: a. is a refiner; or b. controls, is controlled by, or is under common control with, a refiner; or c. is otherwise directly or indirectly affiliated with a refiner or with a person who controls, is controlled by, or is under a common control with, a refiner (unless the sole affiliation referred to herein is by means ofa supply contract or an agreement or contract to use a trademark, trade name, service mark, or other identifying symbol or name owned by such refiner or any such person); or d. receives less than 50 percent of his annual income from refining or marketing of gasoline. The term refiner shall not include any refiner whose total refinery capacity (including the refinery capacity of any person who controls, is controlled by, or is under common control with, such refiner) does not exceed 65,000 barrels per day. Control of a corporation means ownership of more than 50 percent ofits stock. 

## ••• Small Business Stationary Soun:-e-a stationary source that: a. is owned or operated by a person that employs 100 or fewer individuals; b. is a small business concern as defined in the Small Business Act; c. is not a major stationary source; d. does not emit 50 tons or more per year of any criteria or toxic air pollutant; and e. emits less than 75 tons per year of all criteria or toxic air pollutants. 

## •••

B.- I. AUTHORITYNOTE: Promulgated in accordance with RS. 30:2054.

H!STDRJCALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 18:1254 (November 1992), repromulgated LR !9:46 (January !993), amended LR 23:1682 1147 (December 1997), LR 24:25 (January 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2453 (November 2000), LR 29:558 (April 2003), amended by the Office ofthe Secretary, Legal Affairs Division, LR 31:2440 (October 2005), LR 33:2086 (October 2007), LR 34:1890 (September 2008), LR 34:2397 (November 2008), LR 37:1147 (April20ll).

1104#013 Herman Robinson, CPM Executive Counsel
RULE Department ofEnvironmental Quality Office ofthe Secretary Greenhouse Gas (GHG) Tailoring (LAC 33:111.502 and 509)(AQ314ft) Under the authority of the Environmental Quality Act, R.S. 30:200I et seq., and in accordance with the provisions ofthe Administrative Procedure Act, R.S. 49:950 et seq., the secretary has amended the Air regulations, LAC 33:111.502.A and 509.B (AQ314ft).

This Rule is identicaJ to federal regulations found in June 3, 2010, FR 75, Part 106, pages 31606-31607, which are applicable in Louisiana. For more information regarding the federal requirement, contact the Regulation Development Section at (225) 219-3985 or Box 4302, Baton Rouge, LA 70821-4302. No fiscal or economic impact will result from the Rule. This Rule will be promulgated in accordance with the procedures in R.S. 49:953(F)(3) and (4).

On !Wle 3, 2010, the Environmental Protection Agency (EPA) promulgated a Rule entitled "Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule" (Tailoring Rule) (75 FR 31514). The final Rule establishes a separate major source threshold and Prevention of Significant Deterioration (PSD) significance level for greenhouse gases (GHGs) in the form of carbon dioxide equivalents (C02e). This action will amend LAC 33:111.502.A and 509.B to adopt the federal thresholds.

On April 2, 2010, EPA published a final Rule entitled "Reconsideration of Interpretation of Regulations That Determine Pollutants Covered by Clean Air Act Permitting Programs" (75 FR 17004). Under the terms of this action, GHGs become "subject to regulation" and Title V and PSD program requirements begin to apply on January 2, 2011.

LAC 33:111.509.B currently defines "major stationary source" and "significant," in relevant part, as follows: Major Stationary Soun:-ea. any of the stationary sources of air pollutants listed in Table A of this definition that emits, or has the potential to emit, 100 tons per year or more ofany pollutant subject to regulation Wlder this Section; b. or stationary source categories other than those listed in Table A ofthis definition, any stationary source that emits, or has the potential to emit, 250 tons per year or mOre ofany arr pollutant subject to regulation under this Section; 

## ••• Significant- 

## •••

b. in reference to a net emissions increase or the potential of a source to emit a regulated NSR pollutant that Louisiana Register Vol. 37, No. 04 April 20, 2011Subparagraph a ofthis defmition does not list, any emissions rate;

Consequently, in the absence of thresholds specifically tailored to GHGs, the Title V and PSD major source threshold would be 100 or 250 tons per year (depending on the -source category), Md MY increase in GHG emissions resulting from a physical change or change in the method of operation at a major source would trigger PSD review.

According to the Tailoring Rule, this would greatly increase the number ofrequired permits, impose undue costs on small sources, overwhelm the resources of permitting authorities, and severely impair the functioning of the programs (75 FR 31514). The basis and rationale for this Rule is to adopt the federal major stationary source threshold and PSD significance level for GHGs. This Rule meets an exception listed in R.S. 30:2019(D)(2) and R.S. 49:953(GX3); therefore, no report regarding environmentaL/health benefits Md social/economic costs is required. Title 33 ENVIRONMENTAL QUALITY Part III. Air Chapter 5. Permit Procedures §50I. Definitions

A.-C.I3

....

14. If there is a change in federal law or the United States Court ofAppeals for the District ofColumbia Circuit or the United States Supreme Court issues an order which limits or renders ineffective the regulation of greenhouse gases from stationary sources under Part C of Title I (Prevention of Significant Deterioration of Air Quality) or Title V (Permits) of the Clean Air Act, the regulation of greenhouse gases under the corresponding programs in this Chapter shall be limited or rendered ineffective to the same extent.

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2011 and 2054.

HIS1DRICALNOTE: Promulgated by the Department of Environmental Quality, Office ofAir Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 16:613 (July 1990), LR 17:478 (May 1991), LR 19:1420 (November 1993), LR 20:1281 (November 1994), LR 20:1375 (December 1994), LR 23:1677 (December 1997), amended by the Office ofthe Secretary, LR 25:660 (April 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2445 (November 2000), LR 28:997 (May 2002), amended by the Office ofEnvironmental**Assessmen~** LR 31:I063 (May 2005), amended by the Office ofthe Secretary, Legal Affairs Division, LR 31 :2436 (October 2005), LR 32:1842 (October 2006), LR 33:2082 (October 2007), LR 33:2626 (December 2007), LR 35:461 (March 2009), LR 35:2351 (November2009), LR 37:1148 (April2011). §502. Definitions

A. Except where specifically provided in another Section herein, the following definitions apply to terms used in this Chapter. Except as provided in this Chapter, terms used in this Chapter retain the definition provided them in LAC 33:JII.III or the Louisiana Air Quality regulations. Wherever provisions related to the Acid Rain Program are concerned, the definitions provided in 40 CFR Part 72 shall apply. 

## •••

Louisiana Register Vol. 37, No. 04 April 20, 2011 1148 C01 Equivalent Emissions (C01 e)- the emitted amount ofgreenhouse gases (GHGs) computed by multiplying the mass amount of emissions for each ofthe six GHGs by its associated global warming potential, published in Table A-1 to Subpart A of 40 CFR Part 98-{]Jobal Warming Potentials, and summing the resultant value for each. (See greenhouse gases (GHGs).) 

## •

# •• Greenhouse Gases (GHGs)-an air pollutant defined as the aggregate group ofsix greerthouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride Major Soun:e-for the purposes of determining the applicability of 40 CFR Part 70 or of LAC 33:Ill.507, any stationary source or MY group of stationary sources that are located on one or more contiguous or adjacent properties, that are under common control of the same person (or persons under common control), and that are described in Subparagraph a, b, or c, d ofthis definition: a. - a.ii. b. any stationary source that directly emits or has the potential to emit 100 tpy or more of any regulated air pollutant (except for GHGs) excluding any air pollutant regulated solely under Section 112(r) of the Clean Air Act. Fugitive emissions ofa stationary source shall be considered in determining whether it is a major source under this Subparagraph: i.
- ii. c. any major stationary source as defined in Part D (Nonattainment) ofTitle I of the Clean Air Act, including any source defined as a major stationary source under LAC 33:III.504.K; d. as of July I, 2011, any stationary source that directly emits or has the potential to emit 100 tpy or more of GHGs on a mass basis (i.e., no global warming potentials applied) and 100,000 tpy or more ofCO,e. 

## •

# •• AUTHORITY NOTE: Promulgated in accordance with RS. 30:2054.

HJS1DRICALNOTE: 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 Affilirs Division, LR 37:1148 (April2011). §509. Prevention ofSignificant Deterioration

A.- A.5

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

## ••• CO, &[uivalent Emissions (CO,e)-the emitted amount of greenhouse gases (GHGs) computed by multiplying the mass amount of emissions for each of the six greenhouse gases in the pollutant GHGs by the gas's associated global warming potential published in Table A-1 to Subpart Aof40 CFR, Part 98-{]lobal Warming Potentials, and summing the resultant value for each.

## ••• Greenhouse Gases (GHGs)-an air pollutant defined as · the aggregate group ofsix greenhouse gases: carbon dioxide,nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. 

## ••• Major Stationary Sourcea. any of the stationary sources of air pollutants listed in Table A of this definition that emits, or has the potential to emit, 100 tons per year or more ofany pollutant (except for GHGs) subject to regulation under this Section; b. for stationary source categories other than those listed in Table A ofthis definition, any stationary source that emits, or has the potential to emit, 250 tons per year or more of any air pollutant (except for GHGs) subject to regulation under this Section; c. as ofJuly I, 20 II, any stationary source listed in Table A ofthis definition which emits, or has the potential to emit, I00 tpy or more of GHGs on a mass basis (i.e., no global warming potentials applied) and 100,000 tons per year or more ofCOle; or any stationary source not listed in Table A that emits, or has the potential to emit, 250 tpy or more ofGHGs on a mass basis and l00,000 tons per year or more ofCOle; or d. any physical change that would occur at a source not otherwise qualifying as a major stationary source under Subparagraphs a, b, or c of this definition if the change would constitute a major source by itself; e. a major source that is major for volatile organic compounds or nitrogen oxides shall be considered major for ozone;f. the fugitive emissions ofa stationary source shaH not be included in determining for any of the purposes of this Section whether it is a major stationary source, unless the source is listed in Table A of this definition or, as of August 7, 1980, is being regulated under Section Ill or 112 oftheClean Air Act. 

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

1149 

## ··

# .......

# -

...

-

### .. 

## . EmlislowRate Municipal \Wste combustor acid j;!'ases3 40tpy Municipal solid waste landfills so tpy**emissions~** GHGs and GHGs as C02e 0 tpy and75,000 tpy, resnectivelv 5 Measured as total**tetra~** through octa-chlonnated dtbcnzo-pdioxins and dibenzofurans 1Measured as particulate maHer. 'Measured as sulfur dioxide and hydrogen chloride**~Measured** as nonmethane orgamc.compounds**~Both** ofthe following conditions must be met: ( 1) the net emissions increase ofGHGs calculated as the sum ofthe stx GHGs on a mass basis (i.e., no global warmmg potentials applied) equals or exceeds0 tpy; and (2)the net emissions increase orGHGs calculated as the sum ofthe six GHGs on a C02e basis (i.e., global warming potentials applied) equals or exceeds 75,000 tOv C02e. b. c. notwithstanding Subparagraph a of this definition, any emissions rate or any net emissions increase associated with a major stationary source or major modification that would construct within 10 kilometers ofa Class I area and have an impact on such area equal to or greater than I glm 1 (24-hour average); d. notwithstanding Subparagraph a of this defmition, between January 2, 2011, and June 30, 2011, the pollutant GHGs is "subject to regulation" only if the stationary source is: i. a new major stationary source for a regulated NSR pollutant that is not GHGs and also will emit or have the potential to emit GHGs in a significant amount; or ii. an existing major stationary source for a regulated NSR pollutant that is not GHGs and also will have a significant net emissions increase of both GHGs and another regulated NSR pollutant. 

## ••• C.- AA.IS.b.

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

HISlDRICALNOTE• Promulgated by the Department of Environmental Quality, Office ofAir Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:348 (Juoo 1988), LR 16:613 (July 1990), amended by the Office ofAir Quality and Radiation Protection, Air Quality Division, LR 17:478 (May 1991), LR 21:170 (FebriWy 1995), LR 22J39 (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 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 37:1148 (Apri12011).

1104#011 Herman Robinson, CPM Executive Counsel

Louisiana Register Vol. 37, No. 04 April 20, 2011