TECHNICAL SUPPORT DOCUMENT

Repeal and Replace Revisions to the Louisiana State Implementation Plan 

Submitted on February 23, 2016 

Chapter 2 – Rules and Regulations for the Fee System of the Air Quality Programs 

Section 201. Scope and Purpose 

Section 203. Authority 

Section 205. Definitions 

Section 207. Application Fees 

Section 209. Annual Fees 

Section 211. Methodology 

Section 213. Determination of Fee 

Section 215. Methods of Payment 

Section 217. Late Payment Fee 

Section 219. Failure to Pay 

Section 221. Effective Date 

February 2016 

FOR FURTHER INFORMATION CONTACT: Tracie Donaldson, United States Environmental 

Protection Agency Region 6, Ozone and Infrastructure Section (6MM-AB), 1445 Ross Avenue, Dallas, 

Texas 75202-2733, (214) 665-6633. 
Contents:

I. Introduction 

II. Technical Evaluation of SIP Submittal 

A. Review of Chapter 2 Replacement Provisions 

B. Part 51, Appendix V Completeness Checklist 

III. Proposed Action 

 
I. Introduction 

This technical support document (TSD) reviews a revision to the Louisiana State Implementation 

Plan (SIP), submitted on February 23, 2016. This review will determine if the proposed changes 

to the Louisiana SIP are consistent with the requirements of the Clean Air Act and EPA’s policy 

and guidance. 

II. Technical Evaluation of the Louisiana February 23, 2016 SIP Revision Submittal

The action accompanying this TSD addresses the proposed revisions to the Fee Regulations 

found in Chapters 2 and 65 of the Louisiana SIP. Chapters 2 and 65 contain provisions regarding 

the fee terms, fee amounts, and fee payment schedules that ensure that adequate fees are 

collected to meet the needs of the Louisiana Department of Environmental Quality (LDEQ) to 

perform essential permitting, compliance, enforcement and monitoring activities. In the February 

23, 2016 SIP revision submittal, Louisiana requested a repeal of the current SIP-approved 

provisions contained in Chapters 2 and 65 and replacement with the portions of Chapter 2 that 

were included in the SIP submittal as replacement fee regulation provisions that relate to the air 

program. These provisions are contained in Sections 201 through 221 of Chapter 2, which 

Louisiana submitted in full as part of the February 23, 2016 SIP revision submittal. 

Since this rulemaking will act to repeal the current SIP provisions and replace with the proposed 

fee provisions. A line-by-line comparison is not included in this analysis. Instead, the submitted 

replacement provisions contained in Chapter 2, which relate to the air program, are provided 

below, as well as, a summary of the provisions and evaluation against the applicable federal 

requirements. 

A. Review of LAC 33:III.Chapter 2 Replacement Provisions 

Table I. –Chapter 2 

Revisions to the LA SIP 

Submitted to the EPA on February 23, 2016 

Comments 

Section 201 

201. Scope and Purpose 

A. It is the purpose of these regulations to establish a fee system for 

funding the monitoring, investigation and other activities required to 

be conducted for the maintenance of a safe and healthful 

environment by the Department of Environmental Quality in 

accordance with the Louisiana Environmental Quality Act (R.S. 

30:2001 et seq.). Fees are required for all permits, licenses, 

registrations, and variances authorized by the Act. 

This language similar to current SIPapproved language in Chapter 65, 

Section 6501. 

Revision does not impact the regulation’s 

ability to meet the applicable federal 

requirements for fees and is approvable. 

Section 203. Authority 

A. These regulations provide fees as required by R.S. 30:2014. This language similar to current SIPapproved language in Chapter 65, 

Section 6503. 
Table I. –Chapter 2 

Revisions to the LA SIP 

Submitted to the EPA on February 23, 2016 

Comments 

Revision does not impact the regulation’s 

ability to meet the applicable federal 

requirements for fees and is approvable. 

Section 205. Definitions

A. All terms used in these rules, unless the context otherwise 

requires or unless specifically defined in the Louisiana 

Environmental Quality Act, or in other regulations promulgated by 

the secretary of the Department of Environmental Quality or his 

predecessor, shall have their usual meaning. 

This language similar to current SIPapproved language in Chapter 65, 

Section 6505. 

Revision does not impact the regulation’s 

ability to meet the applicable federal 

requirements for fees and is approvable. 

Section 207. Application Fees 

A. No application or amendments thereto shall be processed prior to 

payment of a permit fee, when it is determined that a permit fee is 

due. No permit, license, registration, or variance, unless otherwise 

authorized by the secretary, shall be issued until the full amount of 

the fee has been paid and such check or draft has been accepted by 

the bank or drawee and the department's account has been credited 

with the amount of the fee, when it is determined that a permit fee is 

due. 

This section specifies that the fee must be 

paid prior to the application being 

processed. It is reworded from the 

original Chapter 65, Section 6507 

language but the meaning is the same. 

Revision does not impact the regulation’s 

ability to meet the applicable federal 

requirements for fees and is approvable. 

Section 209. Annual Fees 

A. All parties conducting activities for which an annual maintenance 

fee is provided shall be subject to the payment of such fee by the due 

date indicated on the invoice. The annual maintenance fees are based 

on a state fiscal year from July 1 to June 30. All major and all minor 

sources that have been issued a permit for air pollution emissions 

shall pay an annual maintenance fee. 

This is a clarification and update of when 

the maintenance fees are due and is not a 

significant change from the SIP approved 

language in Chapter 65, Section 6509. 

Revision does not impact the regulation’s 

ability to meet the applicable federal 

requirements for fees and is approvable 

Section 211. Methodology

A. Formula to Apportion Fees 

Air Toxics Permits Application

Fee for major sources of toxic

pollutants (based on type of

facility and on rated production

capacity/throughput)

Surcharge of 10% of the permit

application fee to be charged

when there is an increase in

toxic air pollutant emissions

above the minimum emission

rates (MER) listed in LAC

33:III.5112, Table 51.1

Air Toxics Annual Emissions Fee

for major sources of toxic air

pollutants (based on air toxic

pollutants emitted)1

Variable

Annual Maintenance Fee (based

on type of facility and on rated

production

capacity/throughput)

Variable

This section details the types of fees and 

surcharges required. The language has 

been updated and clarified from the last 

approval in 1989. 

Revision does not impact the regulation’s 

ability to meet the applicable federal 

requirements for fees and is approvable 
Table I. –Chapter 2 

Revisions to the LA SIP 

Submitted to the EPA on February 23, 2016 

Comments 

New Application Fee (based on

type of facility and on rated

production

capacity/throughput)

Variable

Major and Minor Modification

Modified Permit Fee (based on

type of facility and on rated

production

capacity/throughput)

Variable

PSD Application Fee (based on

type of facility and on rated

production

capacity/throughput)

Surcharge of 50% of the

application fee when a PSD

permit application is being

processed

"NESHAP" Maintenance Fee

(based on type of facility and on

rated production

capacity/throughput)

Surcharge of 25% of the Annual

Maintenance Fee for that

particular process/plant to be

added to the Annual

Maintenance Fee

"NSPS" Maintenance Fee (based

on type of facility and on rated

production

capacity/throughput)

Surcharge of 25% of the permit

application fee to be charged for

any permit application that

includes the addition of new

equipment subject to NSPS

regulation

1  Fees shall be assessed on major sources as defined in LAC

33:III.5103. Sources that have reduced emissions below major

source thresholds are not required to submit annual emissions

reports in accordance with LAC 33:III.5107.

B. Fee Methodology 

1. All fees required by this Chapter are listed in 

LAC 33:III.223, Fee Schedule Listing, which shall be referred to as 

the Fee Schedule in the remainder of this Chapter. All persons 

required to obtain a new or modified permit shall be subject to a 

permit application fee (see Fee Schedule) unless otherwise 

exempted. This fee shall be submitted with any application for a new 

or modified permit. The annual maintenance fee for a new or 

modified source shall be paid during the fiscal year (July 1 to June 

30) in which the process specified in the permit comes on line. 

2. The Standard Industrial Classification (SIC) codes listed in 

the Fee Schedule shall be used to assist in the determination of the 

proper fees to assess. 

3. The permit fee for sources or facilities with multiple 

processes shall be equal to the total amounts required by the 
Table I. –Chapter 2 

Revisions to the LA SIP 

Submitted to the EPA on February 23, 2016 

Comments 

individual processes involved, as listed in the Fee Schedule, unless 

the entire facility is covered by a single fee category. 

4. All invoices for annual maintenance fees for major sources 

shall be submitted to those sources during the fiscal year. The annual 

maintenance fee shall be applicable to the fiscal year beginning July 

1 of each year and ending the following June 30. Failure to remit the 

annual maintenance fee in accordance with the above shall be 

considered grounds for revoking an existing permit. Maintenance 

fees not received for prior fiscal years are due upon receipt of new or 

duplicate invoices. Minor sources may or may not receive an annual 

compliance inspection. In this case the maintenance fee must be paid 

within 30 days after notification by the agency of the amount due. 

Only one such fee shall be charged annually. 

5. If a conditional permit is issued in accordance with adopted 

procedures, fees submitted with that application for permit shall be 

retained and be applicable to the regular permit when it is acted 

upon. 

6. If a process is not listed in the Fee Schedule and is not a 

source type exempted from fees by this regulation, then the 

department shall assign a fee based on the most similar processes in 

the Fee Schedule and negotiated separately. If a process or facility is 

specifically listed in the Fee Schedule, then the fee cannot be 

negotiated. The department shall analyze each permit request to 

determine the number of processes involved and the permit fee 

associated with each. 

7. Annually, the department shall reevaluate the Fee Schedule 

based upon the previous fiscal year's reasonable costs involved in the 

operation of the permit system and submit such revised schedule to 

the secretary for approval. 

8. When a company withdraws its application and claims 

refund for the permit fee, no refund shall be made if the review of the 

application is essentially completed at the time of withdrawal. 

However, up to 50 percent refund may be made when the review has 

been initiated, but is not essentially completed. 

9. Annual maintenance fees (AMF) are not prorated. If a 

facility operates any part of a year or at a reduced rate during the 

year, the full annual maintenance fee is still charged. In order for the 

annual maintenance fee to be cancelled, the facility must not operate 

at all during the year and the permit to operate for the facility must 

be cancelled and/or changes must be made to the process or facility 

in order to make the process or facility not subject to regulation by 

the department. The cancellation of the permit shall require that a 

new permit be issued before the facility could be operated again. 

Failure to pay the annual maintenance fee will cause the permit for 

the facility covered by the fee to be cancelled. 

10. When a permanent shutdown occurs and a company 

properly notifies the Office of Environmental Services by official 

change in the Emission Inventory Questionnaire (EIQ) and permit, 
Table I. –Chapter 2 

Revisions to the LA SIP 

Submitted to the EPA on February 23, 2016 

Comments 

then the maintenance fee would be dropped for that shutdown 

portion of the process/plant. This fee reduction or cancellation shall 

apply only in the fiscal years in which the shutdown portion of the 

plant or process did not operate at all. The EIQ and permit shall also 

need to be changed to delete the emissions from the shutdown 

portion of the plant or process before the start of the fiscal year in 

which the fee would have been charged. 

11. For most fees listed in these regulations, the minor 

modification fee is equal to the annual maintenance fee (AMF). The 

major modification fee is three times the AMF, and the new 

application fee is five times the AMF. Minimum and maximum 

permit fees shall apply to all categories that have minimum and 

maximum AMF according to the following table. If the ratio was not 

used to establish the major modification and the new application fees 

for a category, then the actual ratio of major modification and new 

application fee to AMF shall be used. 

Permit	Fees	

Minimum Maximum

Minor Modification min. AMF max. AMF

Major Modification 3 x min. AMF 3 x max. AMF

New Application 5 x min. AMF 5 x max. AMF

12. NSPS fees may be waived when a PSD application fee is 

imposed. 

13. The department shall determine the type of fee. This 

determination shall be based on the work load created by the permit 

application and shall be determined based on the factors described as 

follows. 

a. New Application Fee. The new application fee shall be 

based on the new capacity when a new process or operation is added 

or the incremental increase in capacity when the capacity is increased 

by more than 80 percent. It applies when: 

 i. a new facility is added; 

 ii. a new operation in an existing facility is added; or 

 iii. an existing operation is expanded by more than 80 

percent in capacity. 

b. Major Modification Fee. The major modification fee shall 

be based on the existing capacity when the capacity is increased by 

more than 40 percent and less than 

80 percent. The applicant has the option to choose to base the major 

modification fee on the incremental capacity increase and using the 

new permit application rate in cases where the incremental increase 

is small compared to the existing capacity. In that case, the applicant 
Table I. –Chapter 2 

Revisions to the LA SIP 

Submitted to the EPA on February 23, 2016 

Comments 

can choose the smaller fee as long as it is larger than the minimum 

major modification fee listed for the category. In all cases, the 

minimum amount of the fee would be equal to or greater than the 

minimum major modification fee for the category. The major 

modification fee applies when: 

 i. the modification will trigger PSD review; 

 ii. the modification would have triggered PSD review 

without the use of contemporaneous emission reductions or banked 

emissions; 

 iii. the modification will increase emissions by 

25 tons/year or more of nonattainment pollutant; 

 iv. the modification will change emissions over 100 

tons/year of a criteria pollutant for which the standard has been 

attained; or 

 v. the modification will increase capacity of an existing 

operation at least by 40 percent and less than 

80 percent. 

c. Minor Modification Fee. The minor modification fee 

(based on existing capacity) applies when a modification is not 

qualified under new application fee or major modification fee. The 

minor modification fee shall be based on the existing capacity when 

the capacity is increased by less than 40 percent. The applicant has 

the option to choose to base the minor modification fee on the 

incremental capacity increase and using the new permit application 

rate in cases where the incremental increase is small compared to the 

existing capacity. In that case, the applicant can choose the smaller 

fee as long as it is larger than the minimum minor modification fee 

listed for the category. In all cases, the minimum amount of the fee 

would be equal to or greater than the minimum minor modification 

fee for the category. 

d. If a permit modification is such that it does not increase 

capacity and changes emissions by less than 

25 tons/year of all nonattainment pollutants, by less than 

10 tons/year of an individual toxic air pollutant, by less than 25 

tons/year of total toxic air pollutants, and by less than 

100 tons/year of all other criteria (attainment) pollutants, then the 

permit fee shall be charged equal to the minimum minor 

modification permit fee for each fee process category involved. If no 

minimum minor modification permit fee is listed in LAC 33:III.223, 

then the minimum minor modification fee is calculated as follows: 

 i. if the minor modification fee is greater than $800, then 

the minimum minor modification fee is equal to 25 percent of the 

minor modification fee; 

 ii. if the minor modification fee is $200 to $800, then the 

minimum minor modification fee is $200; and 
Table I. –Chapter 2 

Revisions to the LA SIP 

Submitted to the EPA on February 23, 2016 

Comments 

 iii. if the minor modification fee is less than $200, then the 

minimum minor modification fee is the same as the minor 

modification fee. 

e. Small Source Permit. The small source permit, as defined 

by LAC 33:III.503.B.2, applies when a permitted source is not a Part 

70 source as defined in LAC 33:III.502. The permitted source must 

also emit or have the potential to emit less than 25 tons/year of any 

criteria pollutant, and less than 10 tons per year of any toxic air 

pollutant. For permit applications with processes specifically listed in 

the fee schedule that would also qualify for the small source permit 

fee, the permit fee shall be the lesser of these listed fees. 

14. Air Toxics Annual Emissions Fees based on actual annual 

emissions that occurred during the previous calendar year shall be 

assessed on major sources as defined in 

LAC 33:III.5103. 

Section 213. Determination of Fee

A. These regulations apply to all registrants, specific licenses, 

permittees and other persons subject to charges concerned with one 

or more of the various programs of the Department of Environmental 

Quality. 

This language similar to current SIPapproved language in Chapter 65, 

Section 6513. 

Revision does not impact the regulation’s 

ability to meet the applicable federal 

requirements for fees and is approvable. 

Section 215. Methods of Payment

A. All payments made by check, draft, or money order shall be made 

payable to the Department of Environmental Quality, and mailed to 

the department at the address provided on the invoice. 

B. Electronic Methods of Payment 

1. Persons wishing to make payments using the electronic pay 

(e-pay) method shall access the department’s website and follow the 

instructions provided on the website. 

2. Persons wishing to make payments using the electronic 

funds transfer (EFT) method shall contact the Office of Management 

and Finance for further instructions. 

C. Cash is not an acceptable form of payment. 

The changes to this section merely 

update the payment methods (eliminates 

cash payment and adds electronic 

payment methods). 

Revision does not impact the regulation’s 

ability to meet the applicable federal 

requirements for fees and is approvable. 

Section 217. Late Payment Fee

A. Payments not received within 15 days of the due date will be 

charged a late payment fee. Any late payment fee shall be calculated 

from the due date indicated on the invoice. 

1. Payments not received by the department by the fifteenth 

day from the due date will be assessed a 5 percent late payment fee 

on the original assessed fee. 

The new language updates and clarifies 

when payments are late and the 

consequences of late payment of fees. 

Revision does not impact the regulation’s 

ability to meet the applicable federal 

requirements for fees and is approvable. 
Table I. –Chapter 2 

Revisions to the LA SIP 

Submitted to the EPA on February 23, 2016 

Comments 

2. Payments not received by the department by the thirtieth 

day from the due date will be assessed an additional 5 percent late 

payment fee on the original assessed fee. 

3. Payments not received by the department by the sixtieth day 

from the due date will be assessed an additional 5 percent late 

payment fee on the original assessed fee. 

Section 219. Failure to Pay

A. Failure to pay the prescribed application fee or annual fee as 

provided herein, within 90 days after the due date, will constitute a 

violation of these regulations and shall subject the person to 

applicable enforcement actions under the Louisiana Environmental 

Quality Act including, but not limited to, revocation or suspension of 

the applicable permit, license, registration, or variance. 

This language similar to current SIPapproved language in Chapter 65, 

Section 6519. 

Revision does not impact the regulation’s 

ability to meet the applicable federal 

requirements for fees and is approvable. 

Section 221. Effective Date

A. The application fees prescribed herein shall be effective upon 

publication in the Louisiana Register as adopted. 

B. The annual fees prescribed herein shall be effective for the state 

fiscal year in which these fee regulations are published in the 

Louisiana Register as adopted and each state fiscal year thereafter. 

Fees submitted to the department in accordance with previous fee 

regulations for the state fiscal year in which these fee regulations are 

published in the Louisiana Register as adopted shall be credited 

against the fees due and payable under these fee regulations. 

This language similar to current SIPapproved language in Chapter 65, 

Section 6521. 

Revision does not impact the regulation’s 

ability to meet the applicable federal 

requirements for fees and is approvable. 

The analysis presented above in Table I. demonstrates that the revisions to Louisiana Chapter 2 

submitted on February 23, 2016, are approvable. 

The Fee Regulations contained in Chapter 2 are specifically reviewed with respect to the 

requirements for fees under Section 110(a)(2) of the Clean Air Act (CAA or the act herein), as 

requirements of the State implementation plans for national primary and secondary ambient air 

quality standards (42 U.S.C. 7410, et seq.). Section 110(a)(2) of the Act requires that fees 

collected be sufficient to cover the costs of reviewing and acting on permit applications and the 

costs of implementing and enforcing the terms and conditions of the issued permits. Specifically, 

Section 110(a)(2)(E)(i) requires that the SIP shall “provide necessary assurances that the State 

will have adequate personnel, funding, and authority under State law to carry out such 

implementation plan”. Section 110(a)(2)(L) states that the SIP shall “require the owner or 

operator of each major stationary source to pay to the permitting authority, as a condition of any 

permit required under this chapter, a sufficient fee to cover – (i) the reasonable costs of 

reviewing and acting upon any application for such a permit and (ii) if the owner or operator 

receives a permit for such source, the reasonable costs of implementing and enforcing the terms 

and conditions of any such permit (not including any court costs associated with any 
enforcement action”, until such fee requirement is superseded with respect to such sources by the 

Administrator’s approval of a fee program under subchapter V of this chapter”. The fee 

assessment provisions contained in Chapter 2 and submitted to EPA are a portion of the 

regulatory scheme of LDEQ's construction permitting program, and provide for permitting fees 

to cover the cost of reviewing, approving, implementing and enforcing a permit under the 

permitting program. EPA has previously reviewed the LDEQ regulations for the Nonattainment 

New Source Review Program, Prevention of Significant Deterioration Permitting, and Minor 

NSR program, and has approved these programs as being consistent with the federal 

requirements. Based on our evaluation of these fee assessment rules and revisions described in 

this TSD, EPA finds they meet the fee related requirements of section 110(a)(2) regarding 

revised costs for these previously approved programs, and thus approves the rules and revisions 

as explained in Table I.
B. Part 51, Appendix V Completeness Checklist 

The criteria for completeness determination are found in Appendix V to Part 51 – Criteria for 

determining the completeness of plan submissions and are outlined below: 

1.0 Purpose: This appendix V sets forth the minimum criteria for determining whether a state 

implementation plan submitted for consideration by the EPA is an official submission for 

purposes of review under § 51.103. 

1.1 The EPA shall return to the submitting official any plan or revision thereof which fails to 

meet the criteria set forth in this appendix V, and request corrective action, identifying the 

component(s) absent or insufficient to perform a review of the submitted plan. 

1.2 The EPA shall inform the submitting official whether or not a plan submission meets the 

requirements of this appendix V within 60 days of the EPA’s receipt of the submittal, but 

no later than 6 months after the date which the State was required to submit the plan or 

revision. If a completeness determination is not made by 6 months from receipt of a 

submittal, the submittal shall be deemed complete by operation of law on the date 6 months 

from receipt. A determination of completeness under this paragraph means that the 

submission is an official submission for purposes of § 51.103. 

The attached checklist outlines the basic criteria included under 2.1, 2.2, and 2.3 of Appendix V.

 
Administrative Materials (2.1) 

1. The package is sent with a formal submittal letter from the Governor or his or her designee 

requesting the EPA’s approval of the revision. 

The SIP revisions addressed in this action were submitted via letter from Secretary Brown 

dated February 23, 2016. 

2. Evidence is included that the State has adopted the revision in the State code or body of 

regulations, or that the State has issued the permit, order, consent agreement (hereafter 

document) in final form. This evidence would include the date of adoption or final issuance 

and the effective date of revision, if different from the adoption/issuance date. 

The submitted regulations contained in the SIP revision addressed in this action were 

effective on February 23, 2016. 

3. Evidence is included that the State has necessary legal authority under State law to adopt 

and implement the revision, e.g., a citation of the appropriate State authority. 

The authority for promulgating changes to the Louisiana State Implementation Plan is in 

accordance with Louisiana R.S. 30:2019 of the Louisiana Administrative Procedure Act. 

See http://www.legis.state.la.us/lss/lss.asp?doc=87054. 

4. A copy is included of the actual regulation or document submitted for approval and 

incorporation by reference into the SIP including an indication of the changes made to the 

existing approved place where applicable. The submittal shall be a copy of the official 

State regulation document signed, stamped, and dated by the appropriate State official 

indicating that it is fully enforceable by the State. The effective date of the regulation 

document shall, whenever possible, be indicated in the document itself. 

The SIP submittal included a copy of the official State regulation document. 

5. Evidence is included that the State followed all of the procedural requirements of its laws 

and/or its constitution in the conducting and completing the adoption/issuance of the plan. 

The SIP submittal package included a certification demonstrating the SIP submittal was 

developed pursuant to 40 CFR 51.104. 

6. Evidence is included that public notice was given of the proposed changes consistent with 

the procedures approved by the EPA, including the date of publication of such notice (e.g., 
notarized or certified copies of any public notices published in newspapers). (The notice 

should be at least 30 days prior to the public hearing(s). 

The SIP submittal addressed in this action included a summary of the Public Notices 

published for the rule revisions, as well as, copies showing evidence of the published 

notices. These public notices included information regarding the public comment period 

and upcoming public hearings. 

7. A certification is included indicating that public hearing(s) was/were held in accordance 

with the information provided in the public notice(s) and the State’s laws and constitution, 

if applicable. 

The SIP submittal contained a signed affidavit that certified that the required procedures 

were followed with respect to public notice, public hearing, and public participation. 

8. A compilation of public comments and the State’s response is included. 

The SIP submittal addressed in this action included copies of comments received from the 

public on the State regulation, as well as, as the State’s responses to the comments 

received. 
Technical Support (2.2) 

1. Identification of all regulated pollutants affected by the revision included. 

The SIP submittal addresses revisions to the provisions related to the air permitting 

program fees; therefore, the SIP submittals have the potential to address all regulated 

pollutants. 

2. Identification of the locations of affected sources including the EPA 

attainment/nonattainment designation of the locations and the status of the attainment plan 

for the affected area(s) is included. 

The provisions evaluated as part of this action can be applied statewide. 

3. Quantifications of the changes in SIP allowable emissions from the affected sources is 

included. (Examples include estimates of changes in current actual emissions from 

affected sources and/or, where appropriate, quantification of changes in actual emissions 

from affected sources through calculations of the differences between certain baseline 

levels and allowable emissions anticipated if the revisions were approved.) 

Not applicable to this SIP revision. The new regulation only affects the fees paid in order 

to emit pollutants, but does not affect emission levels directly. 

4. Demonstration is included that the NAAQS/PSD increments/RFP demonstration and 

visibility as applicable would be protected if the revision were approved and implemented. 

Not applicable to this SIP revision. This plan revision does not pertain to redesignating 

an area to attainment for a national primary ambient air quality standard. Nor does this 

revision pertain to prevention of significant deterioration (PSD) increments and 

demonstrations of reasonable further progress. The new regulation only affects the fees 

paid in order to emit pollutants, but does not affect emission levels directly. 

5. FOR REDESIGNATIONS: 

a. Is there a fully approved maintenance plan for the primary ambient air quality 

standards for at least 10 years as required by § 175A of the Clean Air Act? 

Not applicable. 

b. Are contingency measures included? 

Not applicable. 
6. Modeling information, if applicable, is required to support the proposed revision. 

Not applicable. 

7. Evidence is included where necessary, that emission limitations are based on continuous 

emission reduction technology (e.g., add-on controls, industrial/process equipment 

designs, reformulated materials, etc.). 

Not applicable. 

8. Evidence is included indicating that a SIP revision contains emission limitations, work 

practice standards and recordkeeping/reporting requirements to ensure stated emission 

levels. 

Not applicable. 

9. Compliance/enforcement strategies including how compliance will be determined in 

practice (including at what frequency). 

Not applicable. 

10. As appropriate, special economic and technological justifications are included per 

applicable EPA policies or an explanation why such justifications are not necessary should 

be included. For example, requests for alternative RACT may require such justification. 

Not applicable. No special economic and technical justifications are required by other 

applicable EPA policies are necessary because no such policies are relevant in this case. 

The February 23, 2016 SIP submittal meets the completeness criteria established in 40 CFR 

part 51, Appendix V.
III. Proposed Action 

It is recommended that the EPA approve the adoption of the repeal and replacement of Chapter 2 

– Rules and Regulations for the Fee System of the Air Quality Programs submitted February 23, 

2016. Chapter 65 will be removed from the SIP as the fee provisions have all been moved to 

Chapter 2 and Chapter 65 no longer exists. See discussion regarding basis for approval in 

Sections II of this TSD and in Section III of the Federal Register. 

This technical support document has evaluated the revisions to the Louisiana fee program 

submitted as a revision to the Louisiana SIP on February 23, 2016. 

It is recommended that the EPA propose approval of the February 23, 2016 revision. Because 

these are noncontroversial revisions the EPA should consider a direct final approval. This 

approval includes sections 201, 203, 205, 207, 209, 211, 213, 215, 217, 219 and 221.