BOBBY JINDAL 

GOVERNOR eEl\/ ED PEGGY M. HATCH R E 'I SECRETARY 

~tate of 1Loui~:tamas PM 3:36 

DEPARTMENT OF ENVIRONME~1lN>~Hf'M~CTION 

OFFICE OF THE SECRETAR~PO-R 

l> 

::0 

.., 

,.,., 

~ 

N 

<-.. ;;o 

:z ""'" rn 

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 hnplementation Plan (SIP) Revision 

Part 70 Operating Permit Program Update 

Dear Dr. Armendariz: 

0-< 

I VJ 

::Oc..n ,.,., 

n 

-< 

Cl 

z 

c.n 

-o 

:X 

~ 

w 

0"1 

In accordance with the Clean Air Act Amendments of 1990, the state of Louisiana is pleased to 

provide the State hnplementation Plan (SIP) Revision to the Part 70 Operating Permit Program. 

m 

-

< 

rn 

0 

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 of the 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 contact Bryan D. Johnston of the Air Permits Division at (225) 219-3450 . 

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 of Significant 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 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 of the 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 of the comments along with a transcript of the 

hearing are included in the rule package in Appendix A. A copy of the summary response and 

concise statement is also included. In response to public comments, technical amendments were 

made to the rule. The list of amendments 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 of Significant Deterioration 

and 

Title V Greenhouse Gas Tailoring Rule 
NOTICE OF INTENT 

udent Financial Assistance Commission 

ffice of Student Financial Assistance 

hip/Grant Program,_Scholarship/ ant 

Program,_.'! plications, Federal Grant Aid 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 of the 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 

STAlE OR LOCAL GOVERNMENT 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 a TOPS 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 October 20, 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!lMAliD EFFEcT'I()N REVENUE CO ONS OF STAlE 

ORLOCALGOVERNMENTALUNITS ) 

Revenue collections hl state and I governments will not 

be affected by the proposeCl-.change . 

ill. ESTIMAliD COSTS ~ OMIC BENEFITS TO 

DIRECfL Y AFFECJED P OR NONGOVERNMENTAL 

GROUPS (Slll1ll11aJ)') \. 

The proposed change oes noNmpact a student's TOPS 

eligibility, just the tim in of TOPS ~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 of educatedltramed \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 Staff Director 

1010#017 Legislative Fiscal Office 

NOTICE OF INTENT 

Department of Environmental Quality 

Office of the 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 

of the 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, 20 I 0, FR 75, Part I 06, pages 3 I 606-3 I 607, 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 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 stationary 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 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 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 of required 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 of six 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 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, c, or d of this 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 of a 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. 

HISTORICAL NOTE: Promulgated by the Department of 

Environmental Quality, Office of Air Quality and Radiation 

Protection, Air Quality Division, LR 19: 1420 (November 1993), 

amended by 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 or Significant Deterioration 

A. -A.5 .... 

B. Definitions. For the purpose of this 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 of 40 

CFR, Part 98-Giobal Warming Potentials, and summing 

the resultant value for each. 

••• 

Greenhouse Gases (GHGs)-an air pollutant defined as 

the aggregate group of six 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 of any pollutant 

(except for GHGs) subject to regulation under this Seetion; 

b. for stationary sourec categories other than those 

listed in Table A of this definition, any stationary source that 

emits, or has the potential to emit, 250 tons per year or more 

LOUISiana Register Vol. 36, No. 10 October 20, 2010 
of 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 of a 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 

of the Clean Air Aet. 

••• 

Significanta. in reference to a net emissions increase or the 

potential of a source to emit any of the following pollutants, 

a rate of emissions that would equal or exceed any of the 

following rates: 

Pollutant Emission Rate 

Carbon monoxide 100 tons per year (tpy) 

Nitrogen oxides 40 tpy 

Sulfur dioxide 40 tpy 

Particulate matter 25 tpy of particulate 

emissions 

15 tpy ofPM,o 

emissions 

Ozone 40 tpy of volatile 

organic compounds or 

nitrogen oxides 

Lead 0.6 tpy 

Fluorides 3 tpy 

Sulfuric acid mist 7 tpy 

Hydrogen sulfide (H2S) 10 tpy 

Total reduced sulfur 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 

com bust or acid gases3 

40 tpy 

Municipal solid waste 

landfills emissions4 

50 tpy 

GHGs (as CO,e)' 75,000 tpy 

Louisiana Register Vol. 36, No 10 October 20, 2010 2378 

Pollutant I Emission Rate 

I 'Measured as total tetra- through acta-chlorinated 

dibenzo-p-dioxins and dibenzofurans. 2

Measured as particulate matter. 3

Measured as sulfur dioxide and hydrogen chloride. 4

Measured as nonmethane organic compounds. 

'Effective January 2, 2011. 

••• 

C.- AA.15.b. ... 

AUTHORITYNOTE: Promulgated in accordance with RS. 

30:2054. 

H!SlDRICAL NOTE: Promulgated by the Department of 

Environmental Quality, Office of Air Quality and Nuclear Energy, 

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

14:348 (June 1988), LR 16:613 (July 1990), amended by the Offiee 

of Air Quality and Radiation Protection, Air Quality Division, LR 

17:478 (May 1991), LR 21:170 (February 1995), LR 22:339 (May 

1996), LR 23:1677 (December 1997), LR 24:654 (April 1998), LR 

24:1284 (July 1998), repromulgated LR 25:259 (February 1999), 

amended by the Office of Environmental Assessment, 

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

LR 27:2234 (December 2001), amended by the Office of the 

Secretary, Legal Affairs Division, LR 31 :2437 (October 2005), LR 

31:3135, 3156 (December 2005), LR 32:1600 (September 2006), 

LR 32:1843 (October 2006), LR 36: 

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 of free 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 Highway 
546, 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; II 0 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 of the Governor 

Board of Examiners of Certified 

Shorthand Court Reporters 

General Re uirements for Certi fled 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 of the 20 I 0 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 of E 

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 if the 

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 of a certifi te as stated in Chapt 9 of these 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. If the 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 of the rd 

an must satisfy the requirements applicable to 

repo ers, such as compliance with continuing edu tion 

requi ents, and adherence to the standards of profe ional 

condu . 

AUT ORITY NOTE: Promulgated in accordance 

37:2554 d 2556.' 

H1STO CAL NOTE: Promulgated by the Dep 

Commerce-, Board of Examiners of Certified 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 of record 

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 proof oi mployment the board 

approved CDR applica ·on and judg 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: 

Chapter 3. 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 of Examiners of Certified Shorthand Reporte . 

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

Development, Board of Examiners of Certifie(\ 

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

AGENDA FOR PUBLIC HEARING 

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 4:30PM 
0 

N 

>< 

0 

N 

~ 

: 

1 

Q 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

ATTENDANT SIGN-IN SHEET 

Rulemaking Hearing,/:30 p.m. 

November 24, 2010 

A0314ft - Greenhouse Gas (GHG) Tailoring Rule 

: .. B~~~~~;i;·~·-··t···--··y;·si·:.:.~~~~~~~~----····--····------- ADDRESS 

............................................................................... 

(6_(.~ J lJv.. \.. ,___1 j p I ~V\- 11o .,;. t>L..P 

Hem r-'lA G r' .Dv. I Lc_,L:l una. A.,..,._ P11'\ti2.- ~ ' 

~~AI M', l (s- I Lt>EQ 

')1dve~ vohYl~ I 1..-~ 

I 

I 

I 

' ' ' 

'I 

CITY STATE ZIP t PHONE ~COMMENT ..................... : .......... ; ............ : ........................................... i"''~!.. ... 

f!::,/l L4 7oe,o:t 3B7 3.).o) I ___.__) 

~Q L<:>.. 7 D 'K:>. 1--)7(,(/_(j,jl y 

I I \/AI 

I I .J 

I 

I 

I 

I 

I 

I 

I 

' 

' I 

' "! 

' 

' ! 

: 
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) 216-2036 
LDEQ-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) 216-2036 
LDEQ-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) 216-2036 
LDEQ-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) 216-2036 
LDEQ-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) 216-2036 
LDEQ-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 I 6-2036 
LDEQ-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 

ASSOCIATED REPORTERS, INC. (225) 216-2036 
LDEQ-EDHS Document 7788242, Page 11 of 20 

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 

1 R E P 0 R T E R' ' S P A G E 

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) 216-2036 
LDEQ-EDHS Document ?88088?, Page 6 of 15 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION6 

Mr. Donald Trahan 

Office of the Secretary 

Legal Affairs Division · 

P.O. Box 4302 

Baton Rouge, LA 70821-4302 

\445 ROSS AVENUE. SUITE 1200 

DALLAS TX 75202·2733 

NOV 2 4 2010 

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 Louisiana title V and Prevention of Significant 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 V program as they pertain to GHGs 

only. The proposed rulemak.ing revises the Louisiana PSD and title V programs to establish the 

greenhouse gas-specific pennitting thresholds consistent with EPA's final rule "Prevention of 

Significant Deterioration and Title V Greenhouse <1as Tailoring Rule" published on June 3, 2010 

(see75 FR31514). 

We are supportive of the 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 our enclosed co~ents. 

These areas of difference must be corrected for the Louisiana program to implement the GHG 

Tailoring Rule thresholds as EPA intended. · 

We encourage the Louisiana Department of Environmental 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 of Louisiana 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 of the LDEQ to update the PSD and title V programs 

and your willingness to consult EPA Region 6 throughout this process. We look forward to 

future collaboration with LDEQ on the implementation of the GHG Tailoring Rule. If you have 

any questions about the GHG Tailoring Rule, or about EPA's review of your proposed 

Nlemaking, please feel free to contact me at 214-665-6435 or contact Ms. Adina Wiley of my 

staff at 214-665-2115. · 

Enclosure 

cc: · Mr. Bryan Johnston 

Louisiana Departmem of Environmental Quality 

f'Ycerely yours, .•. 7 •· 

~.,{l~t:--

Jeff Robinson 

Chief 

Air Permits Section 
LDEQ-EDMS Document 7880887, Page 8 of 15 

I • 

----·--·--- -----------------------

Enclosure 

1. 1l1e definition of major sowce 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 of any air pollutant subject to regulation. GHGs w:e fwther identified as subjecl 

10 regulation for purposes of title V as of July I, 20 I I, at stationary sources emitting or 

having the potential to emit 100,000 tpy of carbon dioxide equivalent emissions (C02e). 

Therefore, for a source to become subject to title V because of GHG emissions, the 

source must directly. emit or have the potential to emit I 00 tpy or more of GHGs 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 G HGs from the I 00 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 after July I, 2011. 

2. The revisions to LAC 33:11l.509(B) definition of Major Source do not completely satisfy 

the mass basis for PSD applicability as outlined in the definition of"subject to 

regulation" at 40 CFR 52.2 J(bX49)(iv) and (v). Under federal PSD requirements, the 

1001250 tpy mass basis continues to apply under Phase I and Phase 2 of the 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 Louisiana rules are unable to correctly implement the 

remainder of the definition of"subject to regulation" at 40 CFR 52.2 l(b)(49Xiv)(b) 

and (v). 

i. 

ii. 

iii. 

For example, under Phase I an existing source that is major for non-GHGs 

will be subject to, PSD permitting for GHGs if it also has a significant 

emission increase of75,000 tpy C(he and a net emissions increase of 

greater than 0 tpy mass basis for GHG emissions. The proposed Louisiana 

revisions do not allow for the greater than 0 tpy mass basis consistent with 

40 CFR 52.2l(b)(49)(iv)(b). 

Under Phase 2 (starting July I, 20 I 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 100,000 tpy C(he 

and the I 001250 tpy major source mass basis. The proposed Louisiana 

revisions to do not allow for the 100/250 tpy mass basis to apply to new 

sources of GHGs after July 1, 20 I I, &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), or the modification could.become 
LDEQ-EDMS Document 7880887, Page 9 of 15 

2 

. subject to GHG PSD pennitting if the existing sou"e has~ PTE equal or 

greater than I 00,000 tpy C02e and satisfies the I 001250 tpy inass basis 

and the modification resui!S'in a significant emissions increase of 75,000 

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 I 001250 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 for PSD 

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 of the Secretary 

Legal Affairs Division 

Box4302 

Baton Rouge, LA 70821-4302 

November 24, 20 I 0 

Hand De!iyerc<l 

Subject: Proposed DEQ Greenhouse Gas (GHG) Tailoring Rule- AQ314ft 

The Louisiana Chemical Association (LCA) hereby submits the following comments 

concerning proposed Louisiana Department of Environmental Quality (DEQ) rules 

AQ314ft. LCA requests that DEQ respond to our comments prior to seeking legislative 

oversight approval of AQ314ft. LCA is a trade association representing 64 chemical 

manufacturers at more than 90 locations in the state ofLoui!riana. Most of our members 

have Title V Pennits required by the Clean Air Act and would be affected by the 

proposed rulemaking. 

LCA supports the Louisiana Department ofEnvirorunental Quality (DEQ) in adopting 

rules consistent with federal requirements. The proposed DEQ rules appear to be 

identical to federal regulations published in the June 3, 2010 Federal Register. 

LCA requests that comments submitted by any of our members, the Louisiana MidContinent Oil & Gas Association (IMOGA) and by the Air Permitting Forum be 

considered as part ofLCA's comments in the public record of this rulcmak:ing. Although 

we appla11d DEQ's efforts to maintain consistency and avoid imposing unnecessary 

burdens on the regulated community, we request that DEQ include provi!rions that would 

suspend or allow severability of portions of the proposed "tailoring" rule if the 

corresponding federal rules are stayed, suspended, delayed or overturned. We recognize 

the controversial nature of the federal GHG rules and the possibility of their being altered 

or delayed by future executive, legislative or judicial actions. Several pending legal 

actions could prevent the implementation ofthe federal rules. If this should occur, we. 

would not want the state's adoption of similar rules to force the regulated community to 

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.OII 
LDEQ-EDMS Document 7880887, Page 3 of 15 

. 

.. 

We n:quest that DEQ eiiSUI'e that if federal application of the Prevention of Significant 

Deterioration (PSD) and/or Clean Air Act Title V programs to Gn:enhouse Gas emissions 

is stayed or abated, the DEQ GHO rules will automatically be limited as well. LCA also 

supports the position that DEQ's proposed rules should not apply minor New Source 

Review (NSR) pennitting to GHGs. LCA is aware that carbon dioxide (CO,) is included 

as a "pollutant" in the Insignificant Activities List provided in Section 501 (B)(S) of the. 

DEQ Air Quality regulations. However, the listing of CO, as a pollutant should not 

trigger minor NSR permitting. DEQ also should clarifY that other GHG equivalent 

emissions also will not trigger minor source permitting under the proposed rules. 

LCA believes that the changes requested can be made by DEQ using technical 

amendments that will not substantially delay this proposed rulemaking. 

Your consideration of our comments would be greatly appreciated. 

Sincerely, 

~lm~>h, Vice President of Environmental "'iJm~ General Counsel 
LDEQ-EDMB Document 7880887, Page 4 of 15 

I. 

i 

I 

,. 

LOUISIANA MID-CONTINENT 

OIL AND GAS ASSOCIATION 

November 24, 2010 

Donald Trnhan 

Attorney Supervisor 

730 NORTH BOULEY ARD, BAlON ROUOE, LA 70802 

TELEPHONE (225) 387-3205 FAX (225) 344-SS02 

E-MAIL METCAI.F@Lmoga.com 

Louisiana Department of Environmental Quality 

Office of the 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 the federal rule. 

This propOsal is intended to be identical to fedeml regulations known as the "Tailoring Rule" 

(Prevention of Significant 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 order to 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 

the federal 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 of Appeals. 

While the LMOGA recognizes that the LDEQ is moving forward to adopt the Tailoring Rule at 
LDEQ-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 order to 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 of permitting requirements for GHGs in the event the 

fedeml rule is stayed, vacated or withdmwn, either all or in part. 

Once again, LMOGA appreciates the opportunity to submit these co_mments. 

Sincerely, 

~~:~~f Director of Environmental Affairs 
LDEQ-EDMS Document 1880881, Page 10 ot 15 

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

Comments of tbe Air Permitting Forum on Proposed Cbanges to Louisiana's 

Prevention of Significant Deterioration Regulations to 

lmplemeot EPA's Greenhouse Gas Tailoriog Rule 

The Air Pennitting Forum (APF or Forum) submits these comments to the 

Louisiana Department of Environmental 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 

I 00,000 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 I 00,000 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 or Title V. 

Need for a Sunsettlng 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" of the 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 I 00,000 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 of Appeals 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 of the next year. In addition, on September 15, 2010, a motion to 

·stay the stationary source effects of the 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 of these pending actions, it is important that the state's adoption of the 

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 of the provisions at the federal level. For example, the following language could 

be included at the end of the "subject to regulation:• definition to 'ensure that the state is 

not implementing PSD or Title V for GHGs in such a case: 

The provisions of this rule establish specified thresholds for determining if 

a source is major and .if an 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 of the 

federal determination that GHG emissions can trigger the requirement to 

obtain a permit under Part C ofTitle I of the federal Clean Air Act. 

If a court, the U.S. Environmental Protection Agency, or the President or 

his authorized agent, acts to stay or otherwise invalidate applicability of 

Part C of Title I to stationary sources of GHGs, these regulations shall not 

operate to require stationary source permits for such sources beyond the 

extent to which the court validates and authorizes implementation of the 

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-

335 I, 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. If EPA 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 of GHGs, 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 sunsetting 
LDEQ-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: 

If there is a change in federal law or the District of Columbia Circuit Court 

of Appeals or the United States Supreme C0urt directs or issues an order, 

which limits or renders ineffective the regulation of GHG emissions at 

stationary sources under the New Source Review Prevention of Significant 

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· if the federal application of PSD 

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 

of size, emission or production rate, or type of pollutant. By such listing. 

the permitting authoritv exemots certain sources or tvpes of sources 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 Be Brought into PSD or Title V Through 

EPA Promulgation of a New Source Performance Standard or Another A venue: EPA 

is currently considering adopting new source performance standards that regulate GHGs 

for certain source categories. LDEQ should. examine its rule to ensure that if an NSPS 
LDEQ-EDHS Document 7880887, Paqe 13 of 15 

regulates GHGs, the prov1s1ons of the rules will not revert to impose pennitting 

requirements at I 00 tons per year and 250 tons per year of GHGs. 

Ensuring That Any Triggering Requires Both Mass Emissions Above the 

Statutory Thresholds and a C02 Equivalent Emissions Above the Tailoring 

Thresholds: The Forum also requests that LDEQ ensure that its. rules require both a 

·mass emission level of at least I 00 tons per year for listed source categories and 250 tons 

per year for other source categories to trigger the requirement to obtain a PSD 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· 

C02e emissions. However,.it is possible that a source could be major on a C02e basis 

but minor in tenns of its mass emissions. Therefore, the definitions of major 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 of the 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 of Environmental 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 of the 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 of pollution 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 

if such new and old modified sources will emit more than 75,000 tons of global 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 of a significantly higher threshold of I 00,000 tons. Modified sources will have to 

apply if their 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 of existing clean 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 create jobs. 

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

Unsurprisingly, then, the Clean Air Act has a long history of successfully 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 of the l()!l·areas 

suffering from ozone smog levels worse than national air quality standards. Most of the 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 

Sierra Club 

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 Number AQ314ft 

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 if federal application of the Prevention of Significant 

Deterioration (PSA) and/or Clean Air Act Title V programs to 

Greenhouse Gas emissions are stayed, delayed, overturned, or 

abated. If this 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: 

If there is a change in federal law or the United States 

Court of Appeals for the District of Columbia 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. 

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 11 O(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 of the 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 of the 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 Air Act, or a nationally-applicable 

regulation codified by the Administrator in subchapter C of 

this chapter, that requires actual control of the quantity of 

emissions of that pollutant, and that such a control 

requirement has taken effect and is operative to control, 

limit or restrict the quantity of emissions of that 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 of this 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" under the Prevention of Significant Deterioration 

(PSD) program, even if the regulation does not apply to stationary 

sources. Further, in the absence of a duly-promulgated PSD 

significance level, any increase of the 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 11 O(a)(2}(C) of 

the Clean Air Act 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 order to 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 of the final rule with EPA before it 

is adopted. 

COMMENT 10: The commenter believes LDEQ should examine its rule to ensure 

that if an NSPS regulates GHGs, the provisions of the rules will 

not revert to impose permitting requirements at 1 00 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 C02e basis). 

Any future federal standard promulgated pursuant to Section 111 

of the 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 C02e 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 C02e 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 regulation 
PageS 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 of Significant Deterioration 

and 

Title V Greenhouse Gas Tailoring Rule 
PROPOSED R ULE/October 20, 2010 

Title 33 

ENVIRONMENTAL QUALITY 

Part III. Air 

Chapter 5. Permit Procedures 

§502. Definitions 

AQ314ft 

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:III.111 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. 

* * * 

C02 Equivalent Emissions (COle)- the emitted amount of greenhouse gases 

CGHGs) 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 wanning potentiaL published in Table 

A-l to Subpart A of 40 CFR Part 98-Giobal Warming Potentials, and summing the resultant 

value for each. 

* * * 

Greenhouse Gases (GHGs)- an air pollutant defined as the aggregate group of six 

greenhouse gases: carbon dioxide, nitrous oxide. methane, hydrofluorocarbons. perfluorocarbons, 

and sulfur hexafluoride. 

Major Source-for the purposes of determining the applicabjlity of 40 CFR Part 70 

or of LAC 33:III.507, any stationary source or any 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 controJ), and that are described in Subparagraph a, b, efC, or d of this 

definition: 

a.1. - 11. 

b. any stationary source that directly emits or has the potential to emit 

l 00 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 of a 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 Part D (Nonattainment) of 

Title 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 1, 2011, any stationary source that directly emits or has the 

potential to emit 100,000 tpy CO?e. 

* * * 

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

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office 

of Air Quality and Radiation Protection, Air Quality Division, LR 19:1420 (November 1993), 

amended by the Office of Environmental Assessment, Environmental Planning Division, LR 

26:2445 (November 2000), LR 28: 1950 (September 2002), amended by the Office of the Secretary, 

Legal Affairs Division, LR 36:** . 

§509. Preventjon of Significant Deterioration 

A. J -5 .... 

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

herein as follows. 

* * * 

COz Equivalent Emissions (CO.le)- the emitted amount of greenhouse gases 

CGHGs) 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 of 40 CFR. Part 98-Global Wanning Potentials, and summing the resultant 

value for each. 

* * * 

Greenhouse Gases (GHGs)- an air pollutant defined as the aggregate group of six 

greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrotluorocarbons, pertluorocarbons, 

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 of any pollutant (except 

for GHGs) subject to regulation under this Section; 

2 
PROPOSED R ULE/October 20, 2010 AQ314ft 

b. for stationary somce categories other than those listed in Table A of 

this 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; ef 

c. as of July 1, 2011, any stationary source which emits, or has the 

potential to emit at least 100,000 tons per year CO£e: or 

eg. any physical change that would occur at a somce not otherwise 

qualifying as a major stationary source under Subparagraphs a~ aaab_,_Q[_£ of this definition if the 

change would constitute a major source by itself; 

a major source that is major for volatile orgamc compounds or 

nitrogen oxides shall be considered major for ozone; 

ef. the fugitive emissions of a 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 111 or 112 of the Clean Air Act. 

* * * 

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

emit any of the following pollutants, a rate of emissions that would equal or exceed any of the 

following rates: 

Pollutant Emission Rate 

Carbon monoxide l 00 tons per year (tpy) 

Nitrogen oxides 40 tpy 

Sulfur dioxide 40 tpy 

Particulate matter 25 tpy of particulate 

emissions 

15 tpy of PM,0 

emissions 

Ozone 40 tpy of volatile 

organic compounds or 

nitrogen oxides 

Lead 0.6 tpy 

Fluorides 3 tpy 

Sulfuric acid mist 7 tpy 

Hydrogen sulfide (H2S) 10 tpy 

Total reduced sulfur 

I (including H2S) 

10 tpy 

Reduced sulfur 10 tpy 

compounds (including 

H2S) 

3 
PROPOSED RULE/October 20, 2010 AQ314ft 

Pollutant Emission Rate 

Municipal waste 

combustor organics 1 

0.0000035 tpy 

Municipal waste 

combustor metals 2 

tS tpy 

Municipal waste 

combustor acid gases3 

40 tpy 

Municipal solid waste 

landfills emissions4 

50 tpy 

GHGs (as C0 ~ 75,000 t(2:t: 

1

Measured as total tetra- through acta-chlorinated 

dibenzo-p-d ioxins and dibenzofurans. 1

Measured as particulate matter. 3

Measured as sulfur dioxide and hydrogen chloride. 4

Measured as nonmethane organic compounds. 5Effective Januarv 2. 20 11 . 

* * * 

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

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office 

of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended 

LR 14:348 (June 1988), LR 16:613 (July 1990), amended by the Office of Air Quality and 

Radiation Protection, Air Quality Division, LR 17:478 (May 1991), LR 21: 170 (February 1995), 

LR 22:339 (May 1996), LR 23:1677 (December 1997), LR 24:654 (April 1998), LR 24:1284 (July 

1998), repromutgated 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:**. 

4 
1. 

2. 

3. 

4. 

5. 

6. 

List of Technical 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.Major Source.d added text 

§509.B.Major Stationary Source.c added text 

§509.B.Significant.a (GHGs) added text 

§509 .B.Significant.Note 5 changed text 

§509. B. Significant.d new subparagraph 
FINAL RULE with Technical Amendments/March 21 , 2011 

Title 33 

ENVIRONMENTAL QUALITY 

Part III. Air 

Chapter 5. Permit Procedures 

§501. Definitions 

A.-C.l3 .... 

AQ314ft 

~ If there is a change in federal law or the United States Court of Appeals for 

the District of Columbia Circuit or the United States Supreme Court issues an order which limits or 

renders inetTecti\'e the regulation of greenhouse gases from stationary sources under Part C of Title 

I (Prevention of Significant Deterioration of Air Oualitv) 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. 

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office 

of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended 

by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 16:613 (Juty 

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 of the 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 

of Environmental Assessment, LR 31:1063 (May 2005), amended by the Office of the 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 provided them in LAC 33 :lll.111 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. 

* * * 

co, Equivalent Emissions (CO,e)- 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-
FINAL R ULE 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 of six 

greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, 

and sulfur hexafluoride. 

Major Source- for the puiJ>oses of determining the applicability of 40 CFR Part 70 

or of LAC 33:Ill.507, any stationary source or any 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, efC, or d of this 

definition: 

a.-a.11. 

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 of a stationary 

source shall be considered in determining whether it is a major source under this Subparagraph: 

I. - I I. ... 

c. any major stationary source as defined in Part D (Nonattainment) of 

Title I of the Clean Air Act, including any source defined as a major stationary source under LAC 

33 Ill.504.K ~ 

d. as of July L 20 ll, any stationary source that directlv emits or has the 

potential to 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£.:. 

* * * 

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

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office 

of Air Quality and Radiation Protection, Air Quality Division, LR 19: 1420 (November 1993), 

amended by the Office of Environmental Assessment, Environmental Planning Division, LR 

26:2445 (November 2000), LR 28: l950 (September 2002), amended by the Office of the Secretary, 

Legal Affairs Division, LR 36:2553 (November 20 l 0), LR 37:* * 

§509. Prevention of Significant Deterioration 

A. - A.5 . .. . 

2 
FINAL RULE with Technical Amendments/March 21 > 2011 AQ314ft 

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

specified herein as follows. 

* * * 

C02 Equivalent Emissions (CO?e)- the emitted amount of greenhouse gases 

CGHGs) 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 of 40 CFR, Part 98-Global Warming Potentials, and summing the resultant 

value for each. 

* * * 

Greenhouse Gases (GHGs)- an air pollutant defined as the aggregate group of six 

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 of any pollutant (except 

for GHGs) subject to regulation under this Section; 

b. for stationary source categories other than those listed in Table A of 

this 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; eF 

c. as of July l, 2011, any stationary source listed in Table A of this 

definition which emits, or has the potential to emit, at least 100 tpy or more of GHGs on a mass 

basis (i.e., no global warming potentials applied) and l 00,000 tons per year or more of C02e: or 

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

of GHCis on a mass basis and 100,000 tons per vear or 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 of this 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 considered major for ozone; 

ef. the fugitive emissions of a 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 regul ated under 

Section 111 or 112 of the Clean Air Act. 

3 
FINAL RULE w ith Technical Amendments/March 21, 2011 AQ314ft 

* * * 

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

emit any of the following pollutants, a rate of emissions that would equal or exceed any of the 

following rates: 

Pollutant Emission Rate 

Carbon monoxide I 00 tons per year (tpy) 

Nitrogen oxides 40tpy 

Sulfur dioxide 40 tpy 

Particulate matter 25 tpy of particulate 

emissions 

IStpyofPM1o 

emissions 

Ozone 40 tpy of volatile 

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 (including H2S) 

lOtpy 

Reduced sulfur 10 tpy 

compounds (including 

H2S) 

Municipal waste 

combustor urganics1 0.0000035 tpy 

Municipal waste I 5 tpy 

combustor metals2 

Municipal waste 

combustor acid gases3 

40tpy 

Municipal solid waste 50 tpy 

landfills emissions4 

GHGs and GHGs Eas 0 IRV and 75,000 !i2Y. 

CO,ej resoectivelv5 

4 
FINAL RULE with Technical Amendments/March 21 , 2011 

b. 

Pollutant I Emission Rate 

'Measured as total tetra- through acta-chlorinated 

dibenzo-p-dioxins and dibenzofurans. 2

Measured as particulate matter. 3

Measured as sulfur dioxide and hydrogen chloride. 4

Measw·ed as nonmethane organic compounds. 

i · · ·+t'"'~ JatHtafY 2~ Both of the following 

conditions must be met: ( 1) the net emissions 

increase of GHGs calculated as the sum of the six 

GHGs on a mass basis (i.e., no global wanning 

potentials applied) equals or exceeds 0 tpy; and 

(2) the net emissions increase of GHGs calculated 

as the sum of the six GHGs on a CO,e basis (i.e .. 

global wanning potentials applied) equals or 

exceeds 75 000 tov C02e . 

AQ314ft 

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 of a Class I area and have an impact on such area equal to or greater 

than 1 t..J.glm

3 (24-hour averageh 

tl. notwithstanding Subparagraph a of this definition. between January 2. 201 1, 

and June 30, 2011, the pollutant GHGs is "subject to regulation'' only if the 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) an existing major stationarv 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.l5.b .... 

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

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office 

of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended 

LR 14:348 (June 1988), LR 16:613 (July 1990), amended by the Office of Air Quality and 

Radiation Protection, Air Quality Division, LR 17:478 (May 1991), LR 21 :170 (February 1995), 

LR 22:339 (May 1996), LR 23:1677 (December 1997), LR 24:654 (April 1998), LR 24:1284 (July 

1998), repromulgated LR 25:259 (February 1999), amended by the Office of Environmental 

Assessment, Environmental Planning Division, LR 26:2447 (November 2000), LR 27:2234 

(December 2001 ), amended by the Office of the Secretary, Legal Affairs Division, LR 31 :2437 

(October 2005), LR 31 :3135, 3156 (December 2005), LR 32:1600 (September 2006), LR 32:1843 

(October 2006), LR 36:2556 (November 2010), LR 37:** . 

5 
Table 1. Loublau Air lmtalon PennU GeneniCoa.dltiom 

all applicable reqUirements, including release reporting requirements in 

LAC 33:l.Chapter 39. 

XVIII.~ XX 

AUTHORITY NOTE: Promulgated in accordance with RS. 

30:20 II, 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). 

Chapter 21. Control of Emission of Organic 

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 of a 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 

of its 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. 

AUTHORITY NOTE: Promulgated in accordance with RS. 

30:2054. 

H!STDRJCAL NOTE: 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 of the 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 of Environmental Quality 

Office of the Secretary 

Greenhouse Gas (GHG) Tailoring 

(LAC 33:111.502 and 509)(AQ314ft) 

Under the authority of the Environmental Quality Act, 

R.S. 30:200 I et seq., and in accordance with the provisions 

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

secretary has amended the Air regulations, LAC 

33:111.502.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 of any pollutant 

subject to regulation Wlder this Section; 

b. or stationary source categories other than those 

listed in Table A of this definition, any stationary source that 

emits, or has the potential to emit, 250 tons per year or mOre 

of any 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, 2011 
Subparagraph a of this 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 of required 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 of Appeals for the District of Columbia 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. 

HIS1DRICAL NOTE: Promulgated by the Department of 

Environmental Quality, Office of Air Quality and Nuclear Energy, 

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

Office of Air Quality and Radiation Protection, Air Quality 

Division, LR 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 of the 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 of Environmental 

Assessmen~ LR 31: I 063 (May 2005), amended by the Office of the 

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 (C01e)- 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-{]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 of six 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 of this 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 of a 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 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. 

HJS1DRICAL NOTE: Promulgated by the Department of 

Environmental Quality, Office of Air Quality and Radiation 

Protection, Air Quality Division, LR 19:1420 (November 1993), 

amended by the Office of Environmental Assessment, 

Environmental Planning Division, LR 26:2445 (November 2000), 

LR 28:1950 (September 2002), amended by the Office of the 

Secretary, Legal Affilirs Division, LR 37:1148 (April2011). 

§509. Prevention of Significant Deterioration 

A.- A.5 .... 

B. Definitions. For the purpose of this 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 A of 40 

CFR, Part 98-{]lobal Warming Potentials, and summing 

the resultant value for each. 

• •• 

Greenhouse Gases (GHGs)-an air pollutant defined as · 

the aggregate group of six 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 of any 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 of July I, 20 II, any stationary source listed in 

Table A of this definition which emits, or has the potential to 

emit, I 00 tpy or more of GHGs on a mass basis (i.e., no 

global warming potentials applied) and 100,000 tons per 

year or more of COle; or any stationary source not listed in 

Table A that emits, or has the potential to emit, 250 tpy or 

more of GHGs on a mass basis and l 00,000 tons per year or 

more of COle; 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 of a 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 

of the Clean Air Act. 

••• 

Significanta. in reference to a net emissions increase or the 

potential of a source to emit any of the following pollutants, 

a rate of emissions that would equal or exceed any of the 

following rates. 

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 1

Measured as particulate maHer. 

'Measured as sulfur dioxide and hydrogen chloride 

~Measured as non methane orgamc. compounds 

~Both of the following conditions must be met: ( 1) the net 

emissions increase ofGHGs calculated as the sum of the stx 

GHGs on a mass basis (i.e., no global warmmg potentials 

applied) equals or exceeds 0 tpy; and (2) the net emissions 

increase orGHGs calculated as the sum of the 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 of a 

Class I area and have an impact on such area equal to or 

greater than I glm1 (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. 

HISlDRICAL NOTE• Promulgated by the Department of 

Environmental Quality, Office of Air Quality and Nuclear Energy, 

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

14:348 (Juoo 1988), LR 16:613 (July 1990), amended by the Office 

of Air Quality and Radiation Protection, Air Quality Division, LR 

17:478 (May 1991), LR 21:170 (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