State of Louisiana

Department of Environmental Quality

KATHLEEN BABINEAUX BLANCO

GOVERNOR

September 14,2004

Mayor Richard E. Greene

Regional Administrator

US EPA Region 6 (6RA)

1445 Ross Avenue, Suite 1200

Dallas, TX 75202-2733

RE: 2003 General Revisions to the State Implementation Plan

Dear Mayor Greene:

MIKE D. McDANIEL, Ph.D.

SECRETARY

--..__..--------.......

6DRA

6MD -_._------...........

60£J

6PD_Z6EN

6~U

--

6SF --- 61lC

6XA ----_

rA SPEC Am

r:' ~PU ASST - The State of Louisiana has approved and is submitting the 2003 General Revisions to the

State Implementation Plan (SIP). This SIP submittal incorporates revisions made to the

Louisiana Administrative Code during the year 2003 that are not included in the other

revisions to the SIP.

Please contact the planning staff through James H. Brent, Ph.D., at (225) 219- 3488 if

you have any questions.

Best wishes and warm personal regards.

Mike D. McDaniel, Ph.D.

Secretary

Ishh

r-n

X ,...., -I c;::)

fT1 c;::)

;0 J:"

z (.I) ;C, :C.~, fTl r m

J> C) -n -.J -- rr: J:;'~

.,..l...,' < (-/) :!i: m

~-~~

G 0 C <: - .. Ul N

0 0

z

Enclosure

c: Wilbert F. Jordan

Thomas Diggs

Governor Kathleen Babinea&SB~~ I2 d3S 70

....,,(' n~·i IlJNT-I-,) Ill'" u.:3.) Jr"', II v IU (J \1

Office of the Secretary P. (jjJ.e~ 43<0 ~~Qi:,R:!iJij;e, LA 70821-4301

Telephone: (225) 219-3950 Fax: (225) 219-3970

An Equal Opportunity Employer
" "

EPARegion6.

1445 RossAvemie,

Dallas,.'t¢;{as.15202-2733"."

z

'-.0 G; ("T-

(f) 'C"

(./1 f"Yl C:

_.: ~,~~ r'-·
TABLE OF CONTENTS

2003 GENERAL REVISION TO THE

STATE IMPLEMENTATION PLAN

IN"TRODUCTION 1

PURPOSE 1

AUTHORITY 1

SUMMARY OF RULES IN"CLUDED 2

APPENDIX A - FIN"AL REVISED REGULATIONS

AQ 220 3

AQ 225 68

AQ 232 94

APPENDIX B - SIP PUBLIC PARTICIPATION AND NOTIFICATION

PROOF OF PUBLICATION 113

PUBLIC HEARIN"G TRANSCRIPT 120

COMMENTS 125
INTRODUCTION

PURPOSE

This State Implementation Plan (SIP) submittal incorporates revisions made to Louisiana

Administrative Code (LAC) 33:IIIChapters 2, 9, and 21 during 2003. In agreement with 105

grant objectives, the Louisiana Department of Environmental Quality (LDEQ) is incorporating

revisions made to regulations included in the Louisiana SIP. All of the revised regulations

incorporate changes made during 2003, which have not yet been sent to EPA for approval and

inclusion in Louisiana's SIP.

AUTHORITY

Revisions or adoptions to the Air Quality rules and regulations are made in accordance

with Louisiana R. S. 30:2019. The SIP revision is'made in accordance with 40 Code of Federal

Regulations (CFR) Part 51Appendix V and policy established by EPA Region 6.
SUMMARY OF RULES

PROMULGATED IN 2003
SUMMARY OF RULES PROMULGATED IN 2003

I, Louisiana Register ":"".' ,

LAC 33:III .,',. , .' Citation .. Description' '.. , ..','.",. Comments i. "',

918 December 2003 Emissions Inventory, Revised to correlate with LAC 33.m.919

LR 29:2776 Toxic Emissions (See Below)

AQ220 Reporting, and Related

Fee Methodology

919 December 2003 Emissions Inventory, Revises rule to follow requirements of the federal Consolidated Emissions

LR 29:2776 Toxic Emissions Reporting Rule and clarifies emission inventory requirements.

AQ220 Reporting, and Related

Fee Methodology

2132 April 2003 Stage II Vapor Clarifies that owners or operators of fuel dispensing facilities are allowed to

LR 29:557 Recovery continue to use Stage II Vapor Recovery Systems or equivalents that were

AQ225 Systems certified by CARB on or before March 31, 2001.

2156 October 2003 Definitions of Corrects a reference to 40 CFR Part 51 Appendix M Method 204 that does

LR 29:2038 Building not exist.

AQ 232 Enclosures
AQ220
RULE

Department of Environmental Quality

OlTice of Environmental Assess.ment

Environmental Planning Division

Emissions Inventory, Toxics Emissions

Reporting, and Related Fee Methodology

(LAC 33 :III.211, 918,919, and 51 07)(AQ220)

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:III.211,

918, 919, and 5107 (Log #AQ220).

This Rule revision clarifies and updates requirements for

emissions inventory. Since parish attainment designations

may change, the charts listing the designations have been

removed. The definition of "significant change" has been

clarified in order to prevent confusion in its interpretation. In

the past, the emissions inventory has been used to assess the

criteria pollutant annual fees. This Rule links the emissions

inventory directly to the appropriate fees section. Changes

have been made in order to correlate LAC 33 :III.919 with

the recently promulgated Consolidated Emissions Reporting

Rule (67 FR 39602-39616, No. III, 6/10/02). PM 2.5 and

ammonia are now specific ally listed as required inventory

pollutants. No additional data elements that are not already

collected in the inventory are required in these changes,

though more are listed for Rule completeness. LAC

33:III.211 is clarified to ensure that proper facilities are

assessed Air T::::i~ ·_~:-.:.lJl Emissions Fees. LAC 33 :TTI:91 >I

'is revised to strengthen the language for iegulatucj jJi.Upv:><.;.:>

and for correlation with LAC 33:III.919. LAC 33:III.5107 is

revised for housekeeping purposes to correct the submittal

contact and address and the certification statement. This

Rule is also a revision to the Louisiana State Implementation

Plan for air quality. The basis and rationale for the revision

to emissions inventory is clarification and compliance with

federal requirements. The fee methodology and toxic

emissions reporting changes are for clarification.

This Rule meets an exception listed in R.S. 30:2019(D)(2)

and R.S. 49:953(G)(3); therefore, no report regarding

environmental/health benefits and social/economic costs is

req uired. This Rule has no known impact on' family

forrnation, stability, and autonomy as described in R.S.

49:972.

Title 33

ENVIRONMENTAL QUALITY

Part III. Air

Chapter 2. Rules and Regulations for the Fee System

of the Air Quality Control Programs

§211. Methodology

A.-B.13.e.

14. Air Toxics Annual Emissions Fees based on actual

annual emissions that occurred during the previous calendar

year shall be assessed on major stationary sources of toxic

air pollutants that are subject to the requirements at LAC

33:III.5109, including facilities granted approval through the

permitting process.

15. - 15.b.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054

Louisiana Register Vol. 29, No. 12 December 20, 2003

HISTORICAL NOTE: Promulgated by the Department of

EnvironmentClI Quality, Office of AIr Quality and NucleClr Energy,

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

. ,l4:6l1 (September (988), amended by the Department of

Environmental Quality, Office of Air Quality and Radiation

Protection, Air Quality Division, LR 17: 1205 (December 1991), LR

18:706 (July 1992), LR 19:1419 (November 1993), amended by the

Office of Management and Finance, Fiscal Services DiVision, LR

22: 17 (January 1996), amended by the Office of Environmental

Assessment, Environmental PIClnnlOg Dlvislon, LR 26:264

(February 2000), LR 26:2444 (November 2000), LR 29:2776

(December 2003).

Chapter 9. General Regulations on Control of

Emissions and Emissions Standards

§918. Recordkeeping and Annual Reporting

A. Data for emissions reports shall be collected annually.

These reports are to be submitted to the Office of

Environmental Assessment, Environmental Evaluation

Division by March 31 of each year (for the period January I

to· December 31 of the previous year) unless otherwise

directed by the department. The report shall include all data

applicable to the emissions source or sources as required

under LAC 33:III.919.

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 QUCllity Division, LR 13:741 (December 1987), amended by

the, Office of Air Quality and RCldiation Protection, Air Quality

Division, LR 22:339 (May 1996), Clmended by the Office of

Environmental Assessment, Environmental Planning Division, LR

26:2450 (November 2000), LR 29:2776 (December 2003).

§919. Emissions Inventory

Emissions inventory da~.a shall be: submitted

d~partment on magnetic media in the format specified by the

Office of Environmental Assessment, Environmental

Evaluation Division. Facilities are defined as all emissions

points under common control on contiguous property.

Emissions point is defined as the source of emissions that

should have a Source Classification Code (SCC). Detailed

instructions are provided, on an annual basis, for completing

and submitting emissions inventories. The state point source

emissions inventory will be compiled from the emissions

inventories submitted in accordance with this Section from

the facilities that meet the criteria for applicability in

Subsection A ofthis Section. The state area source, non-road

and on-road mobile source, and biogenic emissions

inventories are compiled by the department from data that

may be requested from other federal, state, or local agencies

or other private entities.

A. Applicability. The owner or operator of the following

facilities shall submit annual emissions inventories to the

Office of Environmental Assessment, Environmental

Evaluation Division. The inventory shall include all air

pollutants for which a National Ambient Air Quality

Standard (NAAQS) has been issued and all NAAQS

precursor pollutants.

I. Any facility located in a I-hour ozone

non attainment parish is required to report if the facility emits

or has thepotential to emit anyone or more of the following:

a. 10 tons per· year (TPY) of volatile organic

compounds (VOC);

b. 25 TPY of nitrogen oxides (NO,);

2776

00 U0U:~
c. 100 TPY of carbon monoxide (CO), sulfur

dioxide (SOz), particulate matter of less than 10 microns

(pM I0), or particulate matter of less than 2.5 microns

CPM2.5); or

d. 5 TPY of lead (Pb).

2. Any facility located in a parish that adjoins a I-hour

ozone nonattainment parish is required to report if the

facility emits or has the potential to emit anyone or more of

the following:

a. 50 TPY of YOC;

b. 100 TPYofNO" CO, S02, PM LO , orPM25 ; or .

c. 5 TPY of Pb.

3. Any facility located 10 an attainment parish is

required to report if the facility emits or has the potential to

emit anyone or more of the following:

a. 100 TPY of VOC, NO" CO, S02, PM 10 , or

PM2.5 ; or

b. 5 TPY of Pb.

4. Any facility in Louisiana defined asa major

stationary source of hazardous air pollutants in Section

112(a)(1) of the Federal Clean Air Act (FCAA) or of toxic

air pollutants in LAC 33:III.Chapter 51 is required to report.

5. Any facility in Louisiana that has a 40 CFR Part 70

(Title Y) Operating Permit is required to report, regardless of

emissions limits.

6. No facility classes or categories are exempted.

B. Types of Inventories

1. Annual Emissions Statement. Facilities as identified

in Subsection A of this Section, shall submit an Annual

Emissions Statement (AES) for all criteria pollutants for

which a NAAQS has been issued and for NAAQS precursor

"pollula(lts,· cx;cept>,a>i;.providedin Subparagraph B).dof this

Section, the AES shall consist of an inv~ntory of actual

. emissions and the allowable (permitted) emissions limits of

YOC, NO" CO, S02, Pb, PM 10 , PMu , and ammonia, and an

annual Certification Statement in accordance with

Subparagraph B.5.a of this Section. The emissions inventory

may be an initial emissions inventory for facilities

submitting their first emissions inventory, or an annual.

emissions inventory update for facilities which have

previously submitted an emissions inventory. Actual

emissions shall be reported for all sources of emissions at a

facility, including fugitive emissions, flash gas emissions,

insignificant sources (as defined in LAC 33:III.501.B.5,

Table A), and excess emissions occurring during

maintenance, start-ups, shutdowns, upsets, and downtime.

For purposes of this Section, the term actual emissions is the

calculation or estimate of the actual emissions of a pollutant,

in accordance with Subsection C of this Section, for the

calendar year or other period of time if requested by the

department. Excess emissions are defined as emissions

quantities greater than normal operations. Where there is an

enforceable document, such as a permit, that establishes

allowable levels, the AES shall include the allowable'

emissions level as identified in the permit Maximum.

A!lowable Emissions Rate Table and the a!lowable tons per

year.

2. Statewide Annual Emissions Inventory Update.

After the initial submittal of an emissions inventory facilities

as identified in Subsection A of this Section shall comply

with the following requirements.

a. An update to the emissions inventory is required

if there is a significant change in the values currently in the

emisslOns reporting system for operating conditions

including start-ups, shutdowns, or process changes at the

source that results in an increase or reduction in annual

emissions of an individual pollutant: VOC, NO" CO, SOz,

Pb, PM 10, PM2.5 , or ammonia. VOCs that are also toxic air

pollutants shall be considered for the purpose of determining

significant change. A significant change is defined as the

lesser of the following:

I. a 5 percent increase or decrease in the total

potential or actual emissions from the facility;

ii. a 50 ton per year increase or decrease in the

total potential or actual emissions from the facility; or

111. a laton per year increase or decrease in the

potential or actual emissions from any single emissions point

(stack, vent, or fugitive).

b. An update to the emissions inventory is required

if there is a cessation of all production processes and

termination of opera tions at the facil ity.

c. An update to the minimum data submitted in

accordance with Paragraph 8.5 of this Section is required if

there is any change.

d. Unless an update is required in accordance with

Subparagraph 8.2.a, b, or c of this Section, then only the

Certification Statement is required for the annual submittal.

3. Ozone Nonattainment Area Requirement. Facilities

in ozone nonattainment areas that meet the applicability in

Paragraph A.1 of this Section shall submit an annual

inventory. In addition to the minimum data requirements of

Paragraph 8.5 of this Section, the inventory shall consist of

actual, annual emissions and typical wee~day,.ItLi1issim1s.thah,.

occur during the three-month period of greatest or most

frequent ozone exceedances. Typical weekday emissions are

defined as an average daily emissions rate that is calculated

for each week of the three- month period of greatest or most

frequent ozone exceedances. The department will indicate in

the annual instructions which three-month period has the

greatest or most frequent ozone exceedances in each ozone

nonattainrnent area.

4. Special Inventories. Upon request by the

administrative authority, any facility subject to any Rule of

the Environmental Quality regulations, LAC Title 33, shall'

file additional emissions data with the department. The

request shall specify a reasonable time for response, which

shall not be less than 60 days from receipt of the request.

5. Minimum Data Requirements. The minimum data

requirements for the emissions inventory are lis ted below.

Operating and process rate information are provided for

information only, and do not constitute permit limits.

Submittal of a report of excess emissions above allowable

limits under this regulation does not pre -empt the need for

compliance with LAC 33:III.Chapter 5 that requires a permit

request to initiate or increase emissions, nor does it qualify

as a notice of excess emissions. Format and submittal

requirements will be published annually by the department.

Any new or modified data requirements will be indl:lded in

the annual requests for updates. Any substantive changes

will be established in accordance with the Administrative

Procedure Act. Except for the annual Certification

Statement, the minimum data requirements apply to initial

2717~ (1 i l '\ J Louisiana Register Vol. 29, No. 12 December 20, 2003

U U u u U't

;..,r.
must include all emissions, i.e., upsets, downtime, fugitive

emissions, and insignificant sources;

ii. permitted criteria pollutant and precursor.

emissions at the emissions point level in tons per year and in

pounds per hour;

Ill. estimated emissions method;

IV. calendar year for the emissions; and

v. emissions factor (if emissions were calculated

using an emissions factor).

g. Stack Parameters. The stack parameters shall

include:

operating

emissions

The

The

days per week during the normal operating

submittals only. Data requirements for updates require that

only those data elements that have changed be submitted.

a. Certification Statement. A Certification

Statement, required by Section 182(a)(3)(B) of the FCAA,

shall be signed by a responsible official as defined in LAC

33:III.502.A, or a person designated by the responsible

official, and shall accompany each emissions inventory to

attest that the information contained in the inventory is true

and accurate to the best knowledge of the certifying official.

The Certification Statement shall include the full name, title,

signature, date of signature, and telephone number of the

certifying official.

b. Facility Identification Information. The facility

identification information shall include:

i. full name, physical location, and mailing

address of facility;

11. UTM horizontal and vertical coordinates; and

iii. SIC code(s).

c. Operating Information.

information shall include:

I. percentage annual throughput by season. The

four seasons will represent one calendar year. The first

season, winter, will represent January, February, and

December of the reporting year; spring will be March-May;

summer will be June-August; and fall will be SeptemberNovember;

I!.

schedule;

1. stack height;

l1. stack diameter;

111. exit gas temperature;

LV. exit gas velocity; and

v. exit gas flow rate.

C. Calculations. Actual measurement with continuous

emissions monitoring systems (CEMS) or approved stack

testing is the desired method of calculating emissions from

an emissions point. In lieu of CEMS data, emissions shall be

calculated using the bes t available information. Sources of

emissions factors include the Compilation of Air Pollution

Emission Factors (AP-42), calculations published In

Engineering Journals, or other EPA or department-approved

estimation methodologies.

D. Reporting Requirements. The annual emiSSions

inventory shall be submitted to the department no later than

March 31 for the previous calendar year unless otherwise

Ill. hours per day during the normal operating directed.

schedule; and E Enforcement. The department reserves the right to

IV. weeks per year during the normal operating initiate formal enforcement actions, under R.S. 30:2025, for

sch"tiule c.";",,.;;,. ,," """;i,.M.,","""Ja.il~)J;;·.to. SUOI1Jit emissions inventories as required in this

Process Rate Data. The process rate data shall Section.

F. Fees. The annual emissions inventory will be used to

assess the criteria pollutant annual fee as per LAC

33:III.223.

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 13:74 \ (December 1987), repealed and

repromulgated by the Office of Air Quality and Radiation

Protection, Air Quality Division, LR 19: 184 (February 1993),

repromulgated LR 19:485 (April 1993), amended LR 19:1418

(November 1993), LR 20:1101 (October 1994), LR 22:339 (May

1996), amended by the Office of Environmental Assessment,

Environmental Planning Division, LR 26:2450 (November 2000),

LR 29:2776 (December 2003).

Chapter 51. Comprehensive Toxic Air Pollutant

Emission Control Program

Subchapter A. Applicability, Definitions, and General

Provisions

§5107. Reporting Requirements, Availability of

Information, and Public Notice Provisions

A. Annual Emissions Reporting. The owner or operator

of any stationary source that emits any toxic air pollutant

listed in Table 51.1 or Table 51.3 shall submit a completed

annual emissions report to the Office of Environmental

Assessment, Environmental Evaluation Division in a format

specified by the department. The owner or operator shall

identify on the emissions report the quantity of emissions in

the previous calendar year far any such toxic air pollutant

emitted.

d.

include:

i. annual proc-ess rate (annual throughput). The

SCC prescribes the mits to be used with each SCC for

annual fuel/process rate reporting;

ii. in nanattainment parishes, peak ozone season

daily process rate. The SCC prescribes the units to be used

with each SCC for peak ozone season daily process rate

reporting. Peak Ozone season daily process rate is an

average of emissions from a daily operation during the peak

ozone season months; and

iii. annual average heat, ash, and sulfur content

and design capacity, where applicable.

e. Control Equipment Information. The control

equipment information shall include:

i. current primary and secondary control

equipment; and

11. current control equipment efficiency (percent).

The actual efficiency should reflect the total control

efficiency from all control equipment and include downtime

and maintenance degradation. If the actual control efficiency

is unavailable, the design efficiency or the control efficiency

limit imposed by a permit shall be used.

f. Emissions Information.

information shall include:

1. estimated actual criteria pollutant and precursor

emissions at the emissions point level, in tons per year, if

applicable, for an annual emissions rate and pounds per day

for a typical ozone season day. Actual emissions estimates

Louisiana Register Vol. 29, No. 12 December 20, 2003
AUTHO TY NOTE: Promulgated in accordance

22,

HIST CAL NOTE: Promulgated by the Departm nt of

Environ ental Quality, Office of Sohd and Hazardous Waste, Sohd

Waste ivision, LR 18:37 (January 1992), amended LR 20: 001

(Septe ber 1994), LR 22:1213 (December 1996), amended by the

Offie of Env ironmental Assessment, Environmental Plann g

Divi lon, LR 26:2773 (December 2000), LR 27:829 (June 2001 ,

LR 7:2226 (December 2001), LR 28:1953 (September 2002), L

292779 (December 2003).

......

Recall Tire a ire that is specified as defective by the

manufacturer and eturned to the dealer s that the dealer

may provide a re lacement or repair. Recalls re initiated by

the manufacturer

to them in this S:ction,

indicates a different

Used Ere a tire that can be

good, functio al vehicle tire.

Used Ti e Dealer any person, business, or firm that

engages in e sale of used tires for use on motor v

......

c ters from 20 to 5 per day per customer, and ads

re irements for generators other than new tire dealers 0

mai tain purchase receipts, inventory records, and s les

invol 'es for three years. Waste tires have been coming om

out-o state into the waste tire program. There has be n no

fee co eeted on these tires, but they have been proc ssed,

markete , and paid for through the Louisiana Was e Tire

Program. The basis and rationale for this Rule are t protect

the Wast Tire Management Fund from being de leted by

paying for eligible out-of-state tires.

This Ru includes technical amendments that were

suggested d approved at the legislativ oversight

committee he ring held on December 3, 2003, Y the House

Environmental Committee and Senate Com ittee on the

Environment. ese amendments remove the ew definition

of eligible tire t at was proposed and rewor new language

in § I 0525 .A. 1 to clarify that processors an accept both

program-eligible a d ineligible tires, but 0 ly be reimbursed

from the Waste Tir Management Fund fo eligible tires.

This Rule meets a exception listed in .S.30:2019(D)(2)

and R.S. 49:953(G 3); therefore, report regarding

environmental/health enefits and soc' l/economic costs is

required. This Rule as no know impact on family

formation, stability, an autonomy as described in R.S.

49:972.

es unusable for any

l and is returned to

the dealer under a tire arranty by the ti manufacturer. Tire

adjustments are initia ed by the consumer. .. .. ..

James H. Brent, Ph.D.

Assistant Secretary

Under the the En 'ronmental Quality Act,

R.S. 30:2001 d in accord ce with the provisions

of the Administrativ rocedure Act, R. . 49:950 et seq., the

secretary has arne Cied the Solid Wast regulations, LAC

33:VII.10505, 1 519, 10525, 10527, a 10533 (Log

#SW034).

The Rule larifles and adds definitions a

requiremen for collection centers, adds r all

adjustme tires to the fee system, changes the nu

unmani sted tires that can be dropped off at coIl

0312#06

I.

2. Subsequent Annual Emissions Reports. After the

initial annual emissions report, the owner or operator of any

stationary source subject to the requirements in Subsection A

of this Section shall submit a completed annual emissions

report to the Office of Environmental Assessment,

Environmental Evaluation Division on or before July 1 of

each year. Each subsequent report shall identify the quantity

of emissions of all toxic air pollutants listed in Table 51.1 or

Table 51.3.

3. Initial and subsequent annual emissions reports and

revisions to any emissions report shall include a certification

statement to attest that the information contained in the

emissions report is true, accurate, and complete, and signed

by a responsible official, as defined in LAC 33:III.502. The

certification statement shall include the full name of the

responsible official, title, signature, date of signature, and

phone number of the responsible official. The certification

statement shall read:

"I certify, under penalty of perjury, that the emissions

data provided is accurate to the best of my knowledge,

information, and belief, and I understand that

submitting false or misleading information will expose

me to prosecution under state regulations."

B. - D.2....

AUTHORlTY NOTE: Promulgated in accordance with R.S.

30:2060 and R.S. 30:200 I et seq.

HISTORlCAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Radiation

Protection, Air Quality Division, LR 17: 1204 (December 1991),

amended LR 18: 1363 (December 1992), LR 19:890 (July 1993),

amended by the Office of the Secretary, LR 19: I 022 (August

1993;, r::::·::..,;,j"3.t~" rp '''' 142 (September 1993), amenf1;>C by. :"<,,'~'''" " '."'~;'J... "'':.':~.• :,~"''IL:'~'''''''' ,", •.·.A·.,,·~~:~ "."' , . ." "tlie OfC~~v; A.;, Qualily and Radiation Protection, Air QualIty

Division, LR 23:58 (January 1997), LR 24: 1276 (July 1998),

amended by the Office of Environmental Assessment,

Environmental Planning Division, LR 26:2004 (September 2000),

LR 262460 (November 2000), LR 29:2778 (December 2003).

2779 Louisiana Register Vol. 29, No. 12 December 20, 2003

OUGOU6
· MAN, MILLER, HAWTHORNE, D'ARM.OND, McCOWAN & JARMAJ.'\I, L.L.P.

IIATON ROUGE

NEW OR-LEANS

COVINGTON

LAKE CHARLES

PLAQUEMINE

ATTORNEYS AT LAW

nVENTY-SECOND FLOOR

ONE AMERICAN PLACE

BATON ROUGE, LOUlSJA,l\IA 70825

MAllJNG AOORFSS

POST OFFICE BOX 3513

BATON ROUGE. LOUISIANA 70821,3513

October 1) 2003

TELEPHONE: (225) 387-099'1

FACSIMILE: (225) 388-9133

w"'.....",ke<lnmiIJer,com

KYLE BEALL - PART:\ER

(225) J 82·J493

Email Address:

kyle.bcall@kcanmillcr.com

Ms. Lynn Wilbanks

Louisiana Department of Environmental Quality

Regulation Development Section

P.O. Box 4314

Baton Rouge, Louisiana 70821-4314

Hand-Delivered

Re: Comments of the Louisiana Chemical Association to AQ-220

Emission InventoryReporting Amendments

Our File No.: 3645-72

Dear Ms. vVilbanks:

Attached are the comments of the Louisiana Chemical Association ("LCA")

concerning the proposed revisions to the Louisiana Air Quality Regulations (Log No. AQ220). LeA requests that these comments be placed in the administrative record of this

proposed mlemaking and that the LDEQ respond to each ofthe attached comments.

LCAappreciates the opportunity to comment on the proposed amendments. If you

have any questions, I can be reached at (225)382-3493 or kyle.beaU@keanmi1leLcom.

Very truly yours,

Kyle B. Beall

lJOUOU7
COMMENTS OF THE LOUISIA.'lA CHEMICAL ASSOCIATION CONCERNING

THE PROPOSED REVISIONS TO LAC 33:III.211, 918, 919, AND 5107

(LoG No. AQ-220)

1. INTRODUCTION

The Louisiana ChemicalAssociation ("LCA") appreciatesthe opportunity to comment

on the proposed revisi ons to the Louisiana Air Quality Regulations, LAC 33:III.21l, 918,

919, and 5107, Log No. AQ-220. The proposed revisions concern the annual emissions

inventory; toxics emissions reporting requirements, and related fee methodology required by

the Louisiana Air Quality Regulations. LeA requests that these comments be placed in the

administrative record ofthis proposed rulemaking and that the LDEQ respond to each of

these comments.

LeA is a nonprofit Louisiana corporation, composcdof76members located at over

105 plant sites in Louisiana. Most, if not all, LeA members will be substantially affected

by the proposed amendments set forth in AQ-220. The proposed amendments will cause a

significant fiscal impact to LeA's member companies, exceeding$1 million in the aggregate.

LCA'5 comments on the proposed revisions to the Louisiana AirQualityRegulations follow.

LCA hereby adopts and incorporates by reference those comments on the proposed

revisions to the Air Quality Regulations, Log No. AQ-220, made by members ofLCA and

the Louisiana Mid-Continent Oil and Gas Association, to the extent such comments arc not

inconsistent with the comments made herein by LCA.

In general, LCA appreciates the efforts by the LDEQ to revise and streamline certain

portions of the reporting requirements set forth in this rulemaking. However, as discussed

below, LeA also requests that the emissions inventory and reporting systembe designed in

such a way that meaningful, consistent, and statistically relevant infonnationis provided by

the regulated community in reportsto the agency. To that end,LeA requests that the specific

changes discussed below be incorporated into the final revisions to the above-referenced

regulations.

II. SPECIFIC COMMENTS ON THE PROPOSED REVISIONS

Comment 1 - Need for Cost/Benefit Analysis and RiskIBenefit Report

LDEQ failed to provide a cost-benefit analysis for the proposed revisions as requited

under La. R.S. 30:2019.Dand also failed to provide a risk-benefit reportas required by La.

R.S.49:953.G. The LeA disagrees with the LDEQ's statement in the Notice ofIntent that

the "proposed rule meets an exception listedin R.S. 30:2019(D)(2) and R.S. 49:953(G)(3)."

As discussed below, it is clear that none ofthe exemptions in La. R.S. 30:2019 or 49:953.G

Page 1 of 11

00U008
are applicable.

Under La. R.S. 30:20l9.D, a cost-benefit analysis is required for all LDEQ

rulemaking actions unless the rule: (l) is required for compliance with a federal law or

regulation; (2) is identical to a federal law or regulation applicable in Louisiana; (3) will cost

the state and affected persons less than $1 million, in the aggregate, to implement; or (4) is

an emergency rule under R.S. 49:953(B). The proposed revisions do not meet any ofthese

exemption criteria.

This statute was adopted by the Louisiana Legislature precisely to address the type of

revisions that LDEQ is proposing in AQ-220. It is clear that the legislature wanted a costbenefit analysis any time the proposed rulemaking deviates from federal requirements, unless

the impact ofsuch a staterulemaking is very small. This approach makes sense as federal

regulations must undergo a cost-benefit analysis already; thus, ifthe federal government has

completed a cost-benefit analysis, then LDEQ need not repeat it. But, where there has been

no such analysis and where the impact on the state or affected persons is morc than S1

million, then a cost-benefit analysis must be prepared.

The proposed revisions are not required for compliance with a specific federal law or

regulation and are not identical to any federal law or regulation applicable in Louisiana. In

addition, they are not emergency rules. Furthennore, LCA believes that the changes, if

adopted, would clearly cost the state and affected persons more than S1 million, in the

aggregate, to implement.

The potential cost and burden to the regulated communityand to the LDEQbased on

the proposed rule could be enormous. For example, the proposed change to LAC

33:nI.9l9.C may force industrial facilities to prepare and submit to the LDEQ many

unnecessary pernlit applications as a result offrequent changes in emission factors for many

pieces ofequipment located at such facilities. In addition, the resources required to account

for insignificant emissions at each regulated facility will, by itself, cost the state and affected

persons more than $1 million,in the aggregate, to implement. These aspects ofthe rule arid

others must have a cost-benefit analysis under La. R.S. 30:2019.

In addition, the proposed change toLAC 33:IlI.919.B.l and 9 19.B.5.fthat the Annual

Emission Statement include emissions from "insignificant sources" will have a significant

fiscal impact to industry (possibly over $1 million per year), and, therefore, triggerthe cost

benefit requirements ofLa. R.S. 30:2019. This would be especially true for the initial year

due to the requirement to collect and input data such as stack heights, stack gas tlowrates,

and emission factors for these minor sources of emissions. Finally, the proposed change to

LAC 33:III.51 07.B will cause a significant fiscal impact to industry iffacilitics are required

to report emissions to the LDEQ which are below a reportable quantity.

Page 2 of 11

GOUGUS
Therisklbenefitreport required by La.RS. 49:953.G, which has notyet been prepared

by LDEQ, contains requirements similar to those ofLa. R.S. 30:2019. La. RS. 49:953.G

provides:

G. (1) Prior to or concurrent with publishing notice of anv proposed policy,

standard, or regulation pursuant to Subsection A of this section and

prior to promulgating any policy, standard, or tinal regulation whether

pursuant to R.S. 49:954 or othenvisc under the authority of the

Louisiana Environmental Quality Act, R.S. 30:2001 et seq., the

Department of Environmental Quality, after August ]5, 1995, shall

publish a report, or a summary ofthe report, in the Louisiana Register

which includes:

(a) A statement idcntifying the sped fic risks being addressed by the

pollcy, standard, or regulation and any published, peer-reviewed

scientific literature used by the department to characterize the

risks.

(b) A comparative analysis of the risks addressed by the policy,

standard, or regulation relative to other risks of a similar or

analogous nature to which the public is routinely exposed.

(c) An ,tnalysis based upon published, readily available peCTreviewed scientific literature, describing howtheproposed and

final policy, standard, or regulation will advance the purpose of

protecting human health or the environment against the

specified identified risks.

Cd) An analysis and statement that, based on the bestreadily

available data, the proposed or final policy, standard, or

regulation presents the most cost-effective method practically

achievable to produce the benefits intended regarding the risks

identified in Subparagraph (a) ofthis Paragraph.

(2) No regulation shall become effective until the secretary complies with

the requirements ofParagraph (1) of this Subsection.

* * *

Page 3 of 11

00UUI0
(5) In complying with this section, the department shan consider any

scientific and economic studies or data timely provided by interested

parties which are relevant to the issues addressed herein and the

proposed policy, standard, or regulation being considered.

La. R.S. 49:953.G (Emphasis added.)

The exemptions from the requirement to prepare a risklbenefit report are the same as

the exemptions under La. R.S. 30:2019. See, La. R.S. 49:953.G(3) and (4). As discussed

above, none ofthese exemptions are applicable. Therefore, because the LDEQ also failed

to prepare a report in accordance with La. R.S. 49:953.G, it should withdraw the proposed

revisions until all requirements of this statute are satisfied.

Comment 2 - LAC 33:1IL919.B.1 and 919.B.5.f

LCA objects to the proposed language in LAC 33:IIL919.B.l and 9l9.B.5.fthat the

Annual Emission Statement ("AES") include emissions from "insignificantsources." This

is a significant change in the current annual reporting requirement that was not identified in

the Fiscal and Economic Impact Statement. Although the LDEQ has not defined the term

"insignificantsource," LCA assumes that the term is similar to "insignificant activity" as

described and listed in LAC 33:II1.501.B.5. LCA requests that the LDEQ further define and

explain the term "insignificant source."

By definition, insignificant activities are small emissions which are currently approved

by the list and/or criteria set forth in Section SOl.B.S. LeA believes that there is very little,

if any, benefit to including this information in the AES. These sources are very small,

difficult to calculate, and are often no different than emissions from small sources,

households, and mobile sources that the Department estimates through other means for

emission inventory purposes. Except for the items in Table A ofLAC 33:IlI.501.B.5, these

emissions are not required to be addressed in permit applications.

The lack ofbenefit is highlighted by the reporting threshold of one ton. Many ofthe

insignificant sources which are included in LAC 33:IIT.50 I.B.5 are less than one ton and

would be reported a~ such on the AES. Thus, the inclusion of most insignificant sources

will be meaningless while the burden to develop estimates for these emissions will be

significant. For example, Section 501.B.5 - Table B includes a list of 45 activities such as

lawn care, photocopying, site remediation, food preparation, paved parking lots, and solid

waste dumpsters. Even if a facility could accurately estimate the insignificant sources based

on activity, the inclusion will have no practical impact on the AES reporting system.

By comparison, the proposed rule requires updating an emission inventory ifthere are

"significant changes" in the values previously reported. See, LAC 33:IIT.9l9.B.2. This

Page 4 of 11

00U011
section defines a significant change as a "5 percent increase or decrease in the total potential

or actual emissions from the facility," a "50 ton per year increase or decrease in the total

potential or actual emissions from the facility," or "a 10 ton per yearincrease or decrease in

the potential or actual emissions from any single emissions point." Based on this rough·

accuracy and the primary use ofthe emissions inventory in general for modeling, it does not

follow that insignificant sources should be included in the AES. Incorporation of

"insignificant sources" makes no practical sense when the Department allows much higher

differentials to be excluded from reporting.

One facility recently rcported that the burden to estimate the emissions for one

insignificant activity was extremely time consuming. lncludingal1 insignificantactivities in

the inventory will be very difficult at the least with very little value as a result. Finally, the

total universe ofinsignificant activities at a facility will typically change throughout the year

as a part of normal operations and maintenance at industrial facilities. For these reasons,

LCA requests that the LDEQ delete thisrequirement or further explain its rationale and the

intended scope.

Comment 3 - LAC 33:IlI.919.B.5.a

LeA objects to the proposed change to LAC 33:IIL919.B.5;a which proposes to

require signature by a "responsible official" instead of an "owner or operator. l1 Forlarger

industrial facilities, the responsible official is typically the plant manager. The. proposed

change place an unnecessary burden on the plant manager to personally signa report

prepared by the facility's environmental staff.

At facilities subject to a Title V pennit, the responsible official already signs the

periodic deviation reports and annual certification statement, which includes the requirements

ofLAC33:II1.918 and 919. By signing the dcviation reports and the annual certification, the

responsiblc official is indieatingthat the AES was completed properly. For this reason,itis

an unnecessary burden to require the plant manager to personally sign the AESreport. LCA

requests that the LDEQ retain the former language in LAC 33:1II.919.B.5.a.

Comment 4 - LAC 33:TII.919.C

LCA objects to the calculation basis for the AES set forth in Section 919.C ofthe

proposed rulemaking. ' Specifically, Subsection G fails to acknowledge the potentiaIly

numerous changes in emission factors and the overall need for consistency in reporting

betweenLAC 33:III.918 and 919 and the Part 70 Operating Pcnnits program.

AP-42 factors and other emission factors are frequently revised by EPA for various

emission sources which result in higher calculated emissions than those used to develop the

emission limits set forth in a facility's air pennit.Because of the frequency of updates to

emission factors and the inherent burden on the agency and the regulated community that

Page 5 of 11

UOCG12
would bc involved if a pemlit modification were required each time an emission factor

changed, LCA requests that the LDEQ clarify in Section 919.C that these changes should be

incorporated at permit renewal and that facilities can continue to operate at existing rates for

the period between issuance ofthe new emission factors and the permit renewal. To provide

consistency between the compliance certification requirements required by 40 C.F.R. Part

70 and LAC 33:IlI.918 and 919, emission estimates set forth in an AES should be consistent

with the facility's permit until a permit modification or renewal is issued which incorporates

the revised factors.

For these reasons, LCA requests that the LDEQ revise Section 919.C to state the

following:

C. Calculations. Actual measurement with continuous emissions monitoring

systems (CEMS) or approved stack testing is the desired method ofcalculating

emissions from a point source. In lieu of CET\1S data or stack test data,

emissions may shall be calculated using the best available information.

Sources of emissions factors include the Compilation of Air Pollution

Emission Factors (AP-42)..or calculations publishedin Engineering Journals..

or other EPA or DEQ approved estimation methodologies. The Department

realizes that the Clean Air Act (42 U.S.c. § 7430) requires EPA to periodicallY

review AP-42 factors and that such emission factors may change upwards or

downwards due to receipt ofimprovcd data. Emissions increases due solely

to a change in AP-42 factors do not constitute a violation of the air permit.

Chanl:!es in emission factors other than AP-42 factors will be evaluated by the

Department on a case~bv-case basis for appropriate action. Facilities are

expected to report emissionson the AES on a consistent bt\sis with pemlitted

emissions. Upon the next pem,}t modification or renewal, facilities are

expected to update pennitted emissions using the latest AP-42 factors.

Ci1lculatiolls publishcd in EugilIcCI ing Joumals should. ha~ C pI lOI

administrative approval (assistant sccretary) befOlc use. Annual instructions

will list any calculations applovcd fl0llI Engineerilig JOUI11<115.

As discussed, above, faci1ities with Part 70 Operating Pem1its are required to certi fy

compliance on an annual basis with the federally-applicable terms and conditions of the

pemlit, including emission limits. See, LAC 33:III.507.H.5 and 40 C.F.R. § 70.6(c)(5)(iv).

Section 919.C, as proposed by the LDEQ, may, in certain instances, cause an inconsistency

between the emission limits set forth in a Part 70 Operating Pennit and the emissions

required to be reported in the AES. This inconsistency will be caused, however,~not by a

physical change or change in method of operation at the facility, but by a change in an

emission factor. The EPA frequently reviews and updates emission factors based on the

latest testing and available technical studies. These emission factors arc typically included

Page 6 of ! 1

0

,q I! U'\ I fj U U 'J.. d
in the Compilation of Air Pollutant Emission Factors document, also knmvn as the "AP-42

factors."

In the present "Title V era," the regulated community cannot rely on the enforcement

discretion of the EPA or LDEQ. In addition, a discrepancy between the emission limits in

a Part 70 Operating Permit and the corrcspondingAES report may potentially give rise to

citizen suits or be inappropriately used in other litigation. To avoid these results, many

industrial facilities will be forced to immediately submitpenl1it applications to the LDEQ to

reconcile their Part 70 Operating Permits. Based on the frequent changes in emission factors,

the number of permit applications that will be submitted to the LDEQ is enormOus jf the

calculation basis proposed by the Department is implemented. For this reason, LCA urges

the LDEQ to adopt the clarification language set forth in this comment. The proposed

changes set forth in this comment will save the LDEQ time and resources and, at the same

time, remove a very expensive burden from the regulated community.

Finally, language should be included in the rule to clarify that facilities are expected

to update pennitted Gmissions using the latest AP-42 factors upon the next permit

modification or renewal. This clarification will provide the LDEQ with the information it

needs in a timely manner and also streamline the already stressedpcnnit backlog.

Comment 5-LAC 33:S107.B.2and 3

LCA requests that theLDEQ revise LAC 33:IJI.5107.B.2and B.3 to require reporting

ofunauthorized emissions as a result ofbypasses and all nonemergency conditions onlywhen

a reportable quantity C<RQ") established in LAC 33:1.3931 is exceeded. The LDEQ has

already adopted the RQs established in CERCLA in its release notification requirements.

See, LAC 33:I.Ch.39 and 40 C.F.R. § 302.4 - Table 302.4. TheseRQs were established

based on criteria established by the EPA and incorporated by the LDEQ to infonn th~

agencies ofreleases that may require rapid response toproted public health and welfare and

the environment. In the proposed CERCLA release notification rulemaking, the EPA

established the following rationale for reporting unauthorizeddi~charges;

A major purpose ofthe Sections 103 (a) and (b) notification requirements is

to alert government officials to releases of hazardous substances that may

require rapid ~esponse to protect public health and welfare and the

environment. Under the Act, the federal government may respond whenever

there is a release or a substantial threat of a release into the environment of a

hazardous substance or ofother pollutants or contaminantswhich may present

an imminent and substantial danger to public health or welfare (Section 104).

Response activities are to be taken, to the extent possible, in accordance \-vith

the National Contingency Plan developed under Section 105, which has been

revised to reflect the responsibilities and powers created by CERCLA (47 FR

Page 7 of 11
31180 (July 16, 1982)). Notification based on reportable quantities is merely

a trigger for infonning the government of a release so that the need for

response can be evaluated and any necessary response undertaken in a timely

fashion. The government will not necessarily respond to all reported releases.

48 Fed. Reg. 23,552, 53 (May 25, 1983). EPA summarized the methodology used to select

and adjust an RQ in a final rule published in 1986:

The Agency has wide discretion in adjusting the statutory RQs for hazardous

substances under CERCLA. (FN5] Administrative feasibility and

practicality are important considerations. The Agencis selected

methodology for adjusting RQs begins with an evaluation of the intrinsic

physical, chemical, and toxicological properties ofeach designated hazardous

substance. The intrinsic properties examined--called 'primary criteria'--are

aquatic toxicity, mammalian toxicity (oral, dermal, and inhalation), ignitability,

reactivity, chronic toxicity, and potential carcinogenicity. (For the purposes

ofthis rule, chronic toxicity--referred to as 'other toxic effects' in the May25,

1983 NPRM--is defined as toxicity resulting from repeated or continuous

exposure to either a single dose or multiple doses of a hazardous substance.)

The Agency ranks each intrinsic property on a five-tier scale, associating a

specific range of values on each scale with a particular RQvalue. This fivetier scale uses the five RQ levels of 1, 10, 100, 1000, and 5000 pounds

originally established pursuant to CWA section 311 (sec 40 CFR Part 117 and

44 FR 50776). Each substance receives several tentative RQ values based on

its particular properties. (FN6] The lowest of all ofthe tentative RQs becomes

the 'primary cliteria RQ' for that substance. [FN6]

51 Fed. Reg. 34,534 (Scp. 29, 1986).

The LeA encourages the LDEQ to adopt the rationale used by EPA in the release

notification requirements set forth in LAC 33:III.5107.B. As correctly stated by the EPA,

"[a]dministrative fe.asibility and practicality are important considerations." The LDEQ

should also use this criteria in the reporting of toxic air pollutants, most or all ofwhich are

Iisted on the CERCLA hazardous substance list. Requiring facilities to report any and all

bypasses, regardless of the amount or cause, will result in unnecessary and unmeaningful

reports to the agency. To place meaning into the reporting requirements, the LDEQ must,

like EPA, establish criteria on which bypass emissions must be reported. The most logical

way to accomplish this goal is to use the already-existing RQ thresholds set forth in LAC

33:1.Ch.39.

Page 8 of 11

000015
Fornonemcrgency conditlons,it is LCA's interpretation that reporting is only required

when an RQ is exceeded in each ofthe circumstances listed in LAC 33:III.5107.Bo3. In other

words, an RQ must be exceeded before reporting is required: (1) for unauthorized discharges

which do not cause an emergency condition, (2) for discharges the rate or quantity ofwhich

is in excess of that allowed by permit, compliance schedule, or variance, or (3) for upset

events. However, because the regulation is unclear, as written, LCA requests that this be

clarified in the final rulemaking.

For these reasons, LeA requests that the LDEQrevise Section 5107.B.2 and Bo3 to

state the following:

757173 I

2.

3.

Emission Control Bypasses. Except as provided in SubsectionB.6 of

this Section, for any unauthorized discharge into the atmosphere of a

toxic air pollutantthatexceeds a reportable quantity in LAC 33:1.3931

asa result ofbypassing an emission control device, where the emission

control bypass was not the result of an upset, the owner or operator of

the source shall notify the Office ofEnvironmental Compliance ofthe

bypass by telephone at (225) 763-3908 during office hours; (225) 342-

1234 after hours, weekends, and holidays; or by e-mail utilizing the

Incident Report Form and procedures found at

www.deq.state.la. us/suTveillance<http://www.deq.state.la.us/

surveillance> no later than 24 hours after the beginning ofthe bypass.

Where thG emission control bypass was theresult ofan upset, the owner

or operator shall comply with Subsection B.3 of this Section.

Nonemergency Conditions. Except as provided in Subsection B.6 of

this Section, for any unauthorized discharge into the atmosphere of a

toxic air pollutant that exceeds a reportable quantity in LAC 33:I.3931

into the atmosphcrc which does not cause an emergency condition, the

rate or quantity of which is in excess of that allowed by pelmit,

compliance schedule, or variance, or for upset events that exceed the

I cportab1c quantity inLAC 33.1.3931, the owner or operator of the

source shan immcdiately, but in no case later than 24 hours) notify the

Office of Environmental Compliance by telephone at (225) 763-3908

during office hours~ (225) 342;.,1234 after hours, weekends, and

holidays; or by e.-mail utilizing the Incidcnt Report Form and

procedures found at www.deq.state.la.us/surveillance

<http://www.deq.state.1a.us/surveillance>....

Page 9 of 11

O0

'. U' I,~J --;J 6-'

1J-
Comment 6 - LAC 33:51 07.B.5

LeA requests that the LDEQ revise LAC 33:HI.5107.B.5 to require rcporting the

discharge of toxic air pollutant ("TAP") emissions in the annual Toxic Emission Data

Inventory, or TEDI, report only ifthose emissions exceed an RQ. As stated in Comment 4,

the requirement to report emissions without a meaningful criteria is burdensome and will

cause confusion to the regulated community, the LDEQ, and the public.

The statutory authority for the TEDI report is set forth in La. R.S. 30:2060.E and

provides the following mandate to the LDEQ:

In order to facilitate the identification and quantification oftoxic air pollutants

and the compilation and maintenance of the comprehensive air emissions

inventory required in R.S. 30:2054(A)(l), the department shall require

facilities which emit or discharge toxic air pollutants, or substances under

evaluation for such designation, to provide to the office the identity and

quantities ofsuch air contaminants emitted. Such infomlation shall be made

readily available to the public by the department in an easily accessible form.

La. R.S. 30:2060.E. La. R.S. 30:2060.H( 1) requires the foHowing release notification

requirements:

For any discharge of a toxic air pollutant into the atmosphere ofLouisiana, the

rate or quantity of which is in excess of that allowed by permit, license,

compliance schedule, or variance or, for upset events, that exceed the

reportable quantity established by regulation, the owner or operator ofthe

source from which such discharge occurs shall immediately notify the

department by telephone, and shall submit a written report within seven days...

Ll. R.S. 30:2060.H.l (Emphasis added). By requiring reporting ofall TAP emissions (even

one pound) on the TEDI regardless ofRQ, the LDEQ is improperly interpreting Subsection

E more stringently than the release notification requirements in Subsection H. There is no

practical reason why all "discharges" of TAP emissions should be included on the TEDI

regardless of RQ ~nd no matter how insigniflcant. Furthennorc, thc LDEQ has not

demonstrated how such minutiae as the identity, the date and time ofthe discharge, and the

approximate total loss are even used by the agency.

As discussed in Comment 4, the EPA and the LDEQ have a statutory and practical

justification for requiring rcports of unauthorized discharges in excess of an RQ and LAC

33:IIJ.5107.B.2, B.3, and LAC 33:l.Ch.39 presently require such reporting. However, the

LDEQ is going far beyond \\'hat is useful, practical, or what has been mandated by the

Louisiana Legislature to include in the TEDI. For these reasons, LeA requests that the

Page 10 of II

000017
LDEQ revise Section 5107.B.2 and B.3 to state the following:

5. All discharges to the atmosphere of a toxic air pollutant from a safety

relief device, a line or vessel rupture, a sudden equipment failure, or a

bypass of an emission control device, that exceed a reportable quantity

in LAC 33:1.3931 regardless of quantity, must be reported to the

department in the annual emission report and where otherwise specified

in the applicable subchaptcrs. The teport shall include the following

iIIfor mation.

a:- the identity of the source,

b: the date and tiIllC ofthe disclMIge, and

c:- the approximate total loss dming the disc1tatge.

These changes will ensure that the LDEQ is provided useful and meaningful

infonnation in a timely manner by theregulated community.

Page II of Ii

U0p .~~ 'j ~1 uU1.0
LOUISIANA MID-CONTINENT

OIL AND GAS ASSOCIATION

801 NORTH BOULEVARD, SUITE 201, BATON ROUGE, LA 70802-5727

TELEPHONE (225) 387-3205 FAX (225) 344-5502

E-MAIL Imoga@lmoga.com

October 1, 2003

Ms. Lynn Wilbanks

Regulation Development Section

Department of Environmental Quality

Post Office Box 4314

Baton Rouge, Louisiana 70821-4314

Re: Emission Inventory Reporting

Amendments (Log #AQ-220)

Dear Mrs. Wilbanks:

The Louisiana Mid-Continent Oil and Gas Association appreciates the opportunity to submit the following

comments on the proposed amendments to the Emissions Inventory and Toxics Emissions Reporting

Requirements (Log #AQ-220) which appeared in the August 20, 2003 Louisiana Register. Mid-Continent is an

industry trade association which represents individuals and companies who together produce, transport, refine

and market crude oil, natural gas, petroleum products and electric power in Louisiana. Virtually all of MidCtiiltinent'smember companies are- aff:.:ctd 'oj L:jcie'~irie~·cirr;eii'ts·.'·' " .

Attached are Mid-Continent's detailed comments. While Mid-Continent appreciates the Department's

willingness to consult with affected industry groups prior to proposal of the rule, Mid-Continent has serious

concerns with the proposal that, if not addressed prior to adoption, will force Mid-Continent to oppose adoption

of the amendments. .

Mid-Continent's primary concern is with the provisions of Subsection 33:ill.9l9.C. These provisions call for

regulated entities to report emissions "using the best available information." The concern is that the reporting

of emissions using the required information may differ from that used for the current applicable permit. This

difference may "infer" that the reporting entity may have exceeded a permit limitation when, in actuality, no

such violation exists.

While the Department attempted to address this concern by the newly proposed last sentence of this Subsection,

Mid-Continent believes that this language does not provide sufficient protection for members from unjustified

compliance action by the Department. In the attached detailed comments, Mid-Continent will further develop

the rationale for our members' concerns and the reasoning behind the need for stronger language to protect the

regulated community from the "appearance" of non-compliance based solely on emission factors or test method

changes.

Mid-Continent is also very concerned about including much of the minor reporting details of the emissions

report into the rule itself. Once these minor details are included into the final rule and State Implementation

Plan they become "federally enforceable". Very minor mistakes or input errors can become federally

enforceable violations under the Clean Air Act.

Mid-Continent also has several additional comments intended to clarify certain technical changes to the

reporting requirements and the failure by the Department to address the economic impacts of the amendments in

the Fiscal and Economic Impact Statement associated with the proposaL

0·0'

, lj.) d.- ~~ 'j 9c.
Ms. Lynn Wilbanks - Comments on Log #AQ-220

October 1,2003

Page Two

Mid-Continent requests to seethe Department's response to all comments before the rule is sent to the

Legislature for oversight. Mid-Continent is available to meet with the Department, and others, to discuss these

comments. Once again, Mid-Continent appreciates the opportunity to submit these comments.

Sincerely,

Richard T. Metcalf

Health, Safety and Environmental

Affairs Coordinator

Attachment

OOU020
Comments of the Louisiana Mid-Continent Oil and Gas Association

On the Proposed Amendments to the Annual Emissions Inventory Rules

(Log #AQ-220)

In addition to the comments submitted in the cover letter, the Louisiana Mid-Continent Oil and Gas

Association appreciates the opportunity to submit the following detailed comments on the proposed Emissions

Inventory and Toxics Emission Reporting requirement amendments (Log #AQ-220).

Comment 1 - Subsection 919.A.1.

Mid-Continent concurs with the Department's intent to clarify the reporting threshold provisions for affected

facilities. On the surface, based on the ambient air standards in place today, the proposed provisions are

consistent with the current requirements.

The Department and EPA are currently in the process of designating the attainment status of parishes based on

the new 8-hour ozone and fine particulate air quality standards. Depending on the final designations, the

provisions of this subsection, which currently only apply to parishes (and adjoining parishes) in nonattainment

with the one-hour ozone standard, will automatically apply to these newly designated parishes. Mid-Continent

believes the automatic imposition of these thresholds on future designations is not appropriate since the EPA

implementation provisions for these new standards are not known at this time.

The thresholds (e.g. 10 tons per year of voq were selected based on the Department's information needs for

the Baton Rouge ozone nonattainment area (as evidenced by former Table 1). The thresholds are appropriate

for a "serious" ozone nonattainment parish. They are potentially, however, not appropriate for a parish

designated nonattainment under the fine particulate standard and/or the 8-hour ozone standard or any other

criteria pollutant air quality standard (e.g. sulfur dioxide).

To ensure the thresholds in this subsection do not inadvertently impose new requirements and have consistent

application when compared to the existing rule, Mid-Continent recommends the section in Subsection A.I. be

amended to read as follows:

"1. Any facility located in a nonattainment parish designated "serious" or "severe" for the I-hour

ozone standard is required to report if the facility emits or has the potential to emit anyone or more of

the following:"

Comment 2 - Subsection 919.A.2.

As discussed in Comment I, the sentence in this subsection should similarly be amended to ensure consistent

application with the current regulation. Mid-Continent recommends the sentence be amended as follows:

"2. Any facility located in a parish that adjoins a nonattainnlent parish designated "serious" or

"severe" for the I-hour ozone standard is required to report if the facility emits or has the potential to

emit anyone or more of the following:"

Comment 3 - Subsection 919.B.1.

The Department proposes to clarify the reporting requirements by specifically stating that enusslOns from

"insignificant sources" be included in the annual emissions report. This is a significant change in the regulation

that was not identified in the Fiscal and Economic Impact Statement and Mid-Continent strongly opposes the

inclusion of this requirement.

Mid-Continent assumes the term "insignificant sources" as used in this subparagraph, to be those acti vities

designated as "insignificant" under Subsection S01.B.5. in the Chapter 5 permitting regulations.

000021
Mid-Continent cannot identify any significant benefits for the Department to require the submission of this

information. These sources are very small, difficult to calculate, and are often no different than emissions from

small sources, households, and mobile sources that the Department estimates through other means for emission

inventory purposes.

Many of these sources are considered "non-road mobile sources" (Insignificant Acti vities List Table B Items).

Incorporating these sources in a facility's emission inventory will result in the effective "double" counting of

these emissions since the Department already accounts for these emissions by usage of other EPA factors

(Subsection 919 opening paragraph).

Finally, the need for "accuracy" of the inventory by the inclusion of these "insignificant sources" can not be

justified because the Department allows the non-reporting of certain statistical differences from the previous

year's report. Additionally, many of the sources listed as insignificant would not be reported (or would report

zero emissions) on the annual report since their emissions are well less than 1 ton per year. For example: a 1

million Btu/hr heater (Insignificant Activities List item A.6) has a potential to emit 0.4 t/y of NOx using AP42

Factors. This assumes it runs at full rate all year which is not the case. These emissions would not be reported

anyway in the emissions inventory.

Subsection 9l9.B .2.a only requires reporting if there are "significant changes" in the values previously reported.

This subsection allows some significant reporting differences (up to 50 t/y for the facility). The allowances for

such deviations in this subsection undermine any need for a requirement to report the minutia emissions of

insignificant sources.

Mid-Continent opposes the requirement to include "insignificant sources" in the annual emissions report. In

summary, this opposition is based on the following reasons:

1) Except for the items in Table A, these emissions are not required to be addressed in permit applications.

2) There would be a significant fiscal impact to industry (possibly over $1 million per year) which could

in vo] ve the cost benefit/risk benefit provisions of Louisiana statutes. This would be especially true for

the initial year due to the requirement to collect and input data such as stack heights, stack gas flow

rates, etc., required by Subsection 9l9.B.5.g.

3) The inclusion of these emissions in a facility's inventory could result in the multiple counting of these

emissions since the Department calculates non-road mobile sources and many of these source types

through other mechanisms in the emissions inventory.

4) The Department already allows facility to not report changes of 5% over the previous year's reporting.

Incorporation of these minor sources makes no practical sense when the Department allows such

differentials to be excluded from reporting.

Once again, Mid-Continent opposes the requirement to include "insignificant sources" from the emissions

in ventory requirements.

Comment 4- Subsection 919.B.5.a.

The section changes the signature authority on this report from the owner(s) or operator(s) to the responsible

official as defined in LAC 33:III.502. For large facilities, this is the plant manager. This places an unnecessary

burden on the plant manager to personally sign another report that is prepared by the environmental staff. At

facilities subject to a Title V permit, the responsible official already signs the periodic deviation reports and

annual certification statement, which includes the requirements of LAC 919. By signing those reports, the

responsible official is indicating that the reports were completed properly. It is an unnecessary burden to also

require the plant manager to personally sign the EIS report.

Since these provisions can also apply to "non-Title V sources" in a serious nonattainment area, this provision to

require a "responsible official" to sign the statement is a new requirement since these facilities are not currently

covered by the Title V certification provisions. While this may soon be moot due to the new "severe" area
thresholds, there may be a short-term one-year impact of the requirement. Since the final annual certification

requires a certification of all previous submittals, is it really necessary that this submittal be certified by a

responsible official. If the Department holds to this position, Mid-Continent may be forced to lobby for a later

submission date to ensure member facilities have time enough to ensure data quality sufficient for responsible

official signature.

Comment 5 - Subsection 919.B.5.b.ii.

While Mid-Continent has no problem with the reporting of the UTM coordinates for the facility, Mid-Continent

sees no overwhelming technical reason to report the exact coordinates for each point source. Mid-Continent

reminds the Department that these regulations apply not only to large refining and petrochemical facilities

covering hundreds of acres in non-attainment areas but also to very small facilities in remote areas with no air

quality concerns.

The primary use of the emissions inventory data is in ozone or other pollutant modeling activities. Depending

on the location of the individual facilities (and therefore individual point sources) with respect to the area of

interest, all sources within a several square kilometer area are included as a single point for modeling purposes.

These range from 4 square kilometers in Baton Rouge, 16 square kilometers in South Louisiana and 144 square

kilometers in North Louisiana.

The requirement is also problematic for oil and gas sources which have multiple skid-mounted units. A

compressor can be moved within a facility as needed. This would cause a lot of work annually to track the

specific coordinate for the point.

Mid-Continent cannot identify any compelling reason for the Department to impose this requirement on all

facilities in the emission inventory. The "front gate" (assuming a reasonable control point can be used for

facilities with no defined "front gate") UTM location is sufficient for the great majority of uses of this inventory

information.

Mid-Continent recognizes that the Department may need. more precise point source location information in

certain geographic regions for modeling purposes. If such information is truly needed, it can be requested under

the "special inventory" provisions of Subsection 9l9.BA.

Mid-Continent recommends the Department remove the proposed requirement to require UTM coordinates for

each emission point.

Comment 6 - Subsection 919.B.5.f.

As discussed in details in Comment 3, Mid-Continent opposes the inclusion of "insignificant sources" in the

emission inventory report and therefore recommends the Department remove this language from this

Subsection.

Comment 7 - Subsection 919.C.

While Mid-Continent appreciates the Department's attempts to address industry's concern with this subsection,

Mid-Continent does not believe the proposed language regarding the reconciliation of differences between

reported actual emissions based on latest factors and permitted limits based on older factors is acceptable. MidContinent must request much more affinnative language protecting regulated entities be included in the final

rule. The rule as proposed does not recognize the ongoing efforts nationally to improve emissions estimating

techniques, and places regulated industries at significant risk of being deemed out of compliance with permit

terms and conditions.

The philosophical enforcement atmosphere in which regulated entities currently operate is much different than

the one that existed when the emission inventory rules were first adopted in the late 1970s. The 1990 Clean Air

Act amendments and Title V permitting program brought annual certification requirements with strict penalties

for failing to accurately report emissions, exceedances and other permit deviations. The state Legislative

Auditor's report of the performance of the Department of Environmental Quality (March 2002) noted that the

O0

- 0' n iJ i") " IJ (., .]
"LDEQ does not routinely check annual emissions inventory statements for excess emissions." The EPA Office

of Inspector General's report (August 7, 2002) of EPA Region VI's oversight of the LDEQ program noted that

the LDEQ records program was unorganized and that information be more readily available to the public. In

this era of enhanced oversight, enforcement and public scrutiny, regulated entities must be afforded protection

against potential enforcement actions (including citizen suits) caused solely by changes in EPA emission factors

and/or test methods.

The EPA frequently reviews and updates emission factors based on the latest testing and available technical

studies. These are usually published and updated by EPA in the Compilation of Air Pollutant Emission Factors

(AP-42) document. It is often the case that this document is the only method available to calculate emissions

from certain source types (e.g. floating roof storage tanks). LMOGA member companies participate in the

development of improved estimating techniques for equipment such as tanks by participation in API-sponsored

research. Regulated entities are expected to use the current calculation methodology in establishing permit

limits. These methodologies are reviewed by the DEQ permit writer during the permit application review.

Permits typically have a term of five years. If the EPA amends the calculation methodology during this period,

the potential for a discrepancy exists. If the new EPA changes effectively increase the calculated emissions

estimates, actual emissions may exceed that included in the permit despite no exceedances by the regulated

entity in calculation factors it can control (e.g. flow rate, vapor pressure, temperature, etc.). A change by EPA

has created the "appearance" of a non-compliance between reported actual emissions and the permit when no

such non-compliance exists.

Without sufficient protective language against this scenario in the rule or as a permit condition itself, the

regulated entity has limited options to maintain compliance with the permit limits. The first step would be to

limit production rates to a level that ensured the actual emissions calculated under the new basis remained

below the permit level. The second step would be to quickly prepare a permit application seeking a permit

modification to allow the source to resume operations at previous rates. Since the permitted source is in all

likelihood losing revenues during this period, it will avail itself of every means possible to encourage the

Department to issue the permit modification quickly. Since the Department has limited permitting resources

and hi1$ a baddog of initial Title V permits that it has committed to issue, this pressure to issue the permit

modification could divert precious manpower resources from more important activities. The regulated entIty

may be losing several millions of dollars in lost production because ofthis scenario.

The easiest solution to this concern is the inclusion of language in ~his rule that recognizes this possibility and

that clearly states that the Department recognizes that this situation can occur and that in the event the reporting

of actual emissions using the latest factors exceeds permit levels, this by itself does not by itself constitute a

violation of any rule. The Department would still be free to investigate any such instance and take compliance

action if the discrepancy was caused by other factors and were true violations.

The Department can also place such language in all permits to protect the regulated entity. Finally, the

.Department can totally revamp the manner in which it permits facilities. In lieu of permitting solely on

emissions, the Department should actually permit the facility based on operational factors it can control (e.g.

fuel gas rates, production rates, vapor pressure, temperature). This is truly a better mechanism to establish

enforceable permit conditions upon a source.

An inspector cannot visually look at a stack to determine whether a permitted level is being exceeded.

However, if the permit is enforced on factors such as fuel gas flow rate and/or stack temperature, an inspector

can usually view this information real time in a control room. More effective compliance can be achieved based

on enforcing certain key process variables than on the emission limits. It is also much easier for the regulated

entity to monitor its own operations to ensure it is maintaining compliance with the permit. Since this is a

fundamental change from the previous Department permitting philosophy, it is not considered a reasonable

short-term solution to industry's concerns.

Mid-Continent has participated with a Louisiana Chemical Association (LCA) work group on developing

comments on this rulemaking and Mid-Continent endorses the specific language being offered by LCA. MidContinent believes the Department has not adequately addressed the potential ramifications of this issue on its

permitting staff and Mid-Continent recommends that a meeting between industry and all appropriate entities

within the Department be held to discuss a mutually acceptable solution to this concern.
Comment 8 - Subsection 5107.B.5.

While this Subsection is not included in this proposal, the provisIOns of this Subsection were part of the

discussion between industry and the Department regarding the annual emissions reporting requirements.

Should the Department have to repropose this rulemaking, Mid-Continent requests the Department receive

comment and consider amending this provision.

Subsection 5107.B.5. requires a facility to report annual1y the emissions of regulated air toxics from certain

events "regardless of quantity". Taken literal1y, if one molecule of a regulated toxic is released, the facility

must keep records and make an annual report. This is an impossible standard to meet if the language is follows

in its strictest interpretation. The EPA, DEQ and State Police impose reporting requirements for these

substances. If the releases covered by Subsection 5107.B.5. exceed the "reportable quantity" (RQ) they must be

promptly reported to the respective agencies. The RQ was established to identify those releases that were

expected to have a potential offsite impact. Clearly one molecule of a substance does not meet this criteria.

Mid-Continent is willing to discuss a more reasonable limit (e.g. the RQ or a substantial fraction thereof) for

reporting under this subsection. Should this proposed rule be reproposed due to substantive changes or for other

reasons, Mid-Continent recommends that changes to this subsection be included for comment.

Comment 9 - Federal Enforceability of New Amendments

Mid-Continent is concerned that the Department's proposal will now greatly expand the amount of information

that is considered federal1y enforceable and will now make minor errors Clean Air Act violations. The

Department is correct in stating that much of what is attempting to accomplish with these amendments is to

clarify their existing reporting requirement.

Much of the minor technical details associated with the emissions report were previously instituted as policy.

Since the policy guidance for the emissions inventory report was not adopted through the public comment and

notice provisions of the Administrative Procedures Act (APA) (R.S. '19:950etseq.),.strict enforceability of

some of these requirements is questionable since they were not adop(ed by the APA.

There is a difference between the "Facility Identification Information" of "UTM horizontal and vertical

coordinates" (existing rule) and the proposed "UTM horizontal and vertical coordinates of the facility's front

gate and of each emissions point" (proposed rule and EIS guidance). Prior to the proposal, the rule only

required the UTM for the "facility" and not all "emission points". A geographical1y small source could input

the same UTM coordinate for all emission points and certify accuracy and compliance since the rule only

required the UTM for the facility. As proposed, the facility would certify compliance as each individual point

which is a much greater burden for which to ensure accuracy.

Assuming the proposed changes are adopted into the State Implementation Plan and are approved by EPA, al1

of these new minute details become "federally enforceable". A few foot mistake in a UTM coordinate (which

from a technical standpoint for the Department is meaningless - see Comment 4) is now potentially a Clean Air

Act violation.

Mid-Continent would like to meet with the Department and others if necessary to discuss this concern and to

draft acceptab Ie language that meets both parties' needs.

Comment 10 - Fiscal and Economic Impact Statement

As alluded to in the previous comments, Mid-Continent believes the proposed amendments will have a

significant potential impact on both the Department and the regulated community. The agency responses that

there are "no effects" on state and local groups as well as directly affected persons are clearly in error and

misrepresent the true impacts in the rule.

As stated in Comment 6, the failure to include adequate language to address those instances where the current

emissions factor and/or new test method has serious impact implications for both the Department and the

regulated community.

U

)LJn' .... '~ . uU.:: 0
EPA has frequently changed emission factors for furnaces and storage tanks. If the Department refuses to

provide some protection for regulated entities in the emissions reporting provisions for the use of these new

factors, the regulated entities have no choice but to reduce operation rates until the Department acts on revised

permit applications. A change in the furnace or tank calculations will force hundreds of permitted facilities to

submit permit applications to the Department. The regulated community will demand the Department respond

to these applications quickly since in the interim period the regulated entities will be operating at reduced rates.

It must be pointed out to the Department that regulated entities can include local and/or state government

facilities. These will operate at reduced rates also.

The Department. will be inundated with an avalanche of permit applications. This is clearly more than "no

effect".

In addition, as stated in Comments 3, 4, and 5, the requirements to include insignificant sources and UTM

coordinates for each errussions point will cause significantly more work for regulated entities that have not been

accounted for in the impact statement.

Mid-Continent believes the Department has failed in its statutory duty to adequately address the Fiscal and

Economic Impact of the proposed rule. The Department needs to reassess the impacts of this rule to both the

Department and the regulated community and repropose the rule with an accurate assessment of these impacts.

. ... .. ~.' .'" .

O0Gn ',. f.' 'u •.• D
Page 1 of 11

AQ220 Summary

November 7, 2003

Comment Summary Response & Concise Statement - AQ220

Amendments to the Air Quality Regulations

Emissions Inventory, Toxics Emissions Reporting, and Related Fee Methodology

LAC 33:111.211, 918, 919, and 5107

Concise Statement arguments:

FOR: [The reason supporting WHY the suggestion in the comment should be adopted by DEQ.

Usually this is the commentor's perspective.]

AGAINST:

COMMENT 1:

[The reason WHY the department feels the suggestion should NOT be adopted.]

- The proposed regulation will now greatly expand the amount of

information that is considered federally enforceable, enabling minor

errors to be regarded as Clean Air Act violations.

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

RESPONSE 1:

COMMENT 2:

- The proposed regulation is required to be at least as stringent as

the federal Consolidated Emissions Reporting Rule (CERR),

promulgated in June 2002. The annual reporting of PM2.5

emissions data and emissions point stack parameters is more

stringent than the 3-year frequency required in the CERR for the

_.smaller, Type B sources, For the larger, Type ,A.s()l)n;~~tq.e

requirernent is the same. The reportlfly ihreshoids and annual

submittal requirement for all other pollutants and data elements

have already been adopted through the APA and are not subject to

amendment in this rulemaking. .

- Many of the minor, technical details associated with the

emissions reports were previously instituted as po/icy. Since the

policy guidance for the emissions inventory report was not adopted

through the APA and public comment process, enforcement of

these requirements is questionable.

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

RESPONSE 2: - The proposed regulation is required to be at least as stringent as

the federal Consolidated Emissions Reporting Rule (CERR),

promulgated in June 2002. The annual reporting of PM2.5

emissions data and emissions point stack parameters is more

stringent than the 3-year frequency required in the CERR for the

smaller, Type B sources. For the larger, Type A sources the

requirement is the same. The reporting thresholds and annual

submittal requirement for all other pollutants and data elements

.... "'.' .., l

) hi ..'.' " ( JvU\}'. i
)" .'., ..

COMMENT 3:

FOR:

AGAINST:

RESPONSE 3:

COMMENT 4:

Page 2 of 11

A0220 Summary

November 7, 2003

have already been adopted through the APA and are not subject to

amendment in this rulemaking.

FEIS - The proposed amendments will have a significant potential

fiscal and manpower impact on both LDEQ and the regulated

community, despite the department's contention that there will be

"no effects on state and local groups, as well as directly-affected

persons" as stated in the FEIS.

The proposed ru Ie does not meet any of the exceptions for

either a cost-benefit analysis (La. R.S. 30:2019.0) or a risk-benefit

report (La. R.S. 49:953.G).

The department's failure to include language to address

those instances where the new emission factor requires reporting

of actual emissions greater than permit emissions will [1] require

operation reductions pending LDEQ's action on revised permit

applications and/or [2] result in the submittal of unnecessary permit

applications as a result of frequent changes in emission factors for

many pieces of equipment and/or [3] account for "insignificant

sources" in an entity's collection, evaluation, and reporting of data

especially if reporting emissions which are below a reportable

quantity. This will cost industry, itself, millions of dollars. Other

technical changes will potentially cost the regulatec;J cornr'lunity

"hundreds ofthousands of dollars. It must be pointed out to the

department that regulated entities can include local and/or state

government facilities. LDEQ will be inundated with an avalanche of

permit applications. The state will lose tax revenues.

LDEQ has failed in its statutory duty to adequately address

the fiscal and economic impacts of the proposed rule. The

department should reassess the impacts and repropose the rule.

Reassessment of the rule would provide more detailed information

on the economic impact.

The proposed rule is exempt from creating a FEIS because it is

required for compliance with a federal rule.

- The proposed rule meets the exception for a cost-benefit

analysis or a risk-benefit report as it is required for compliance with

the federal regulation, the Consolidated Emissions Reporting Rule.

§919.A.1 - The thresholds are appropriate for a "serious" ozone

nonattainmentparish. They are potentially, however, not

appropriate for a parish designated nonattainment under the fine

... ,:.- ..
Page 3 of11

A0220 Summary

November 7, 2003

particulate standard and/or the 8-hour ozone standard or any other

criteria pollutant air quality standard (e.g. sulfur dioxide). The

automatic imposition of these thresholds on future designations is

not appropriate since the EPA implementation provisions for these

new standards are not known at this time. Amend the provision to

read: "1. Any facility located in a nonattainment parish designated

"serious" or "severe" for the 1-hour ozone standard is required to

report if the facility emits or has the potential to emit anyone or

more of the following:".

The department agrees with the comment; no argument necessary.

RESPONSE 4:

-COMMENT 5:

- The LDEQ will amend the provision to read: "any facility located

in a 1-hour ozone nonattainment parish." The thresholds provided

are appropriate for all classifications of 1-hour ozone

nonattainment. LDEQ agrees that the threshold may not be

appropriate for areas in nonattainment for 8-hour ozone or

particulate matter. If an area should be designated nonattainment

for 8-hour ozone or particulate matter, the threshold will be

addressed at that time.

~-, '.

§919.A."1 -The commenter concurs with the department's intent

to clarify the reporting threshold provisions for affected facilities.

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

RESPONSE 5:

COMMENT 6:

- The department appreciates the support.

§919.A.2 - Amend the provision to ensure consistent application

with the current regulation: 2. Any facility located in a parish that

adjoins a nonattainment parish designated "serious" or "severe" for

'the 1-hour ozone standard is required to report if the facility emits

or has the potential to emit anyone or more of the following:

The department agrees with the comment; no argument necessary.

RESPONSE 6:

COMMENT 7:

- Please refer to RESPONSE 4.

§919.B.1 - The Annual Emission Statement (AES) should not

include emissions from "insignificant sources". The term has not
Page4of11

AQ220 Summary

November 7, 2003

been defined or explained, nor was it considered in the FEIS.

If an "insignificant source" is similar to an "insignificant

activity" (defined as a small emission currently approved by the list

and/or criteria set forth in §501.8.5), there is very little, if any,

benefit to including this information in the AES. Except for the

items in Table A of LAC 33:111.501.8.5, these emissions are not

required to be addressed in permit applications. In fact, these

sources are very small, difficult to calculate, and are often no

different than emissions from small sources, households, and

mobile sources that the department estimates through other means

for emission inventory purposes.

Furthermore, the §501.8.5 sources emit less than one ton

which will be meaningless, given that much higher differentials are

excluded from reporting in §919.8.2, while the burden to develop

estimates for these emissions will be significant. The need for

"accuracy" of the inventory by the inclusion of these "insignificant

sources" can not be justified because the department allows the

non-reporting of certain statistical differences from the previous

year's report. Additionally, many of the sources listed as

insignificant would not be reported (or would report zero emissions)

on the annual report since their emissions are well less than 1 ton

per year.

Incorporating these sources. in. aJacility's Emission inventory

will result in the effective "double" counting of these emissions

since the department already accounts for these emissions by

usage of other EPA factors (§919, opening paragraph).

§919.8.2.a only requires reporting if there are "significant

changes" in the values previously reported. This subsection allows

some significant reporting differences (up to 50 tfy for the facility).

The allowances for such deviations in this subsection undermine

any need for a requirement to report the minutia emissions of

insignificant sources.

In addition, the total universe of insignificant activities at a

facility will typically change throughout the year as a part of normal

operations and maintenance at industrial facilities.

For these reasons, LDEO should delete this requirement or

further explain its rationale and intended scope.

The department agrees with the comment; no argument necessary.

RESPONSE 7: - LDEO concurs and, as such, will add the definition of

insignificant sources to the proposed rule. The definition will

correlate with the Insignificant Activities List as defined in Chapter

5, §501.8.5. Only insignificant sources of emissions listed in Table

A of that section will be required to report. This information will aid

in the synchronization of permits and emissions inventories on a

OUGijJO
COMMENT 8:

FOR:

Page50f11

AQ220 Summary

November 7,2003

point-by-point basis.

§919.B.5.a - Restore the original language in this provision. At

facilities subject to a Title V permit, the responsible official already

signs the periodic deviation reports and annual certification

statement, which includes the requirements of LAC 33:/11.918 and

919. By signing these documents, the responsible official is

indicating the Annual Emission Statement (AES) was completed

properly. For this reason, it is an unnecessary burden to require

the plant manager to personally sign the AES report.

Should the additional requirement for the plant manager to

sign the AES report be promulgated, it may become necessary to

reconsider the submittal date to allow extra time to secure the

necessary signature.

It is burdensome and unnecessary to have the Responsible

Company Official sign the AES Report because other reports

signed by the Official indicate the AES Report is correct.

\' '-

AGAINST: Responsible Company Official does not necessarily denote a plant

... ,,!rT)3,[lager :Jr the Title V Responsible Company Official. I ..

RESPONSE 8:

COMMENT 9:

-The LDEQ will clarify Responsible Official in Section 919.B.5.a of

the proposed regulation by defining it as the Responsible Official

according to §502.A or a person designated by the Responsible

Official. This will align the procedures of emissions inventories .and

permits.

§919.B.5.b.ii - The commentor agrees with the reporting of the

UTM coordinates for the facility, but sees no overwhelming

technical reason to report the exact coordinates for each point

·source. Remove the proposed requirement to require UTM

coordinates for each emission point.

These regulations apply not only to large refining and

petrochemical facilities covering hundreds of acres in nonattainment areas, but also to very small facilities in remote areas

with no air quality concerns.

There is a difference between the "Facility Identification

Information" of "UTM horizontal and vertical coordinates" (existing

rule) and the proposed "UTM horizontal and vertical coordinates of

the facility's front gate and of each emissions point" (proposed rule

and EIS guidance). Prior to the proposal, the rule only required the
Page 6 of 11

A0220 Summary

November 7, 2003

UTM for the "facility" and not all "emission points". A

geographically small source could input the same UTM coordinate

for all emission points and certify accuracy and compliance since

the rule only required the UTM for the facility. As proposed, the

facility would certify compliance as each individual point which is a

much greater burden for which to ensure accuracy.

The primary use of the emissions inventory data is in ozone

or other pollutant modeling activities which, depending on the

location of the individual facilities (therefore, individual point

sources), may require data in areas ranging from four square

kilometers (Baton Rouge) to 144 square kilometers (N. Louisiana).

The requirement is also problematic for oil and gas sources

having multiple skid-mounted units which can be moved within a

facility as needed. Tracking the specific coordinate for that point

would cause a lot of work annually.

The "front gate" (assuming a reasonable control point can be

used for facilities with no defined "front gate") UTM location is

sufficient for the great majority of uses of this inventory information.

Whenever the department may need more precise point

source location information in certain geographic regions for

modeling purposes, it can be requested under the "special

inventory" provisions of §919.BA.

.-

The department agrees with the comment; no argument necessary. ;r- o

RESPONSE 9:

COMMENT 10:

- LDEQ agrees with this comment. The requirement to report

UTM coordinates for each point will be removed from the·

regulation.

§919.B.5.f - The Annual Emission Statement (AES) should not

include emissions from "insignificant sources". The term has not

been defined or explained.

If an "insignificant source" is similar to an "insignificant

activity" (defined as a small emission currently approved by the list

and/or criteria set forth in §501.B.5), there is very little, if any,

benefit to including this information in the AES. Except for the

items in Table A of LAC 33:111.501.B.5, these emissions are not

required to be addressed in permit applications.

Furthermore, the §501.B.5 sources emit less than one ton

which will be meaningless, given that much higher differentials are

excluded from reporting in §919.B.2, while the burden to develop

estimates for these emissions will be significant. In addition, the

total universe of insignificant activities at a facility will typically

change throughout the year as a part of normal operations and
Page 7 of 11

AQ220 Summary

November 7, 2003

maintenance at industrial facilities.

For these reasons, LDEQ should delete this requirement or

further explain its rationale and intended scope.

The department agrees with the comment; no argument necessary.

RESPONSE 10: - Please refer to RESPONSE 7. A citation to the definition of

insignificant sources will be added in order to clarify which sources

need to be included in the emissions inventory.

COMMENT 11: §919.C - The calculation and reporting of emissions using the

required "best available" information may differ from that used in

the current permit. This difference may infer that the reporting

entity has exceeded the permit limitation when, in actuality, no such

violation exists. The last sentence, though intended to address this

issue, does not provide sufficient protection for the regulated

community from unjustified compliance action by the department or

other entities.

FOR: To prevent unfair enforcement activity caused by employing

jJiffcrent emissions factors than were used in the permit, the rule

needs further amending.

AGAI NST: The methodology in the proposed regulation has not changed from

the current rule.

RESPONSE 11: -The emissions inventory shall always be calculated with the best

available information. The LDEQ realizes that emissions factors

and methodologies are updated periodically as new research and

studies are performed in the scientific community. Therefore, it is

possible that, although facility activity and throughput has remained

within permitted levels, the use of a different emission factor than

that used for the permitting process could cause actual emissions

'reported to be higher than the permitted emissions. It is important

to collect the most accurate and valid inventory possible for use in

modeling and regulation development, and to provide to the federal

government pursuant to the Clean Air Act. The LDEQ will

continue to request that the best available information be used to

calculate emissions.

The proposed regulation does not effectively change current

emissions estimation methodology. The last sentence will be

stricken from the proposed rule.

f) '1 q ,.~ \'J l \,Iivd
COMMENT 12:

FOR:

AGAINST:

Page 8 of 11

A0220 Summary

November 7, 2003

§919.C - The proposed calculation is objectionable for important

reasons. Subsection C fails to acknowledge [1] the potentially

numerous changes in emission factors by EPA, [2] the overall need

for consistency in reporting between LAC 33:111.918 and 919 and

the part 70 Operating Permits program, and [3] the ongoing

national efforts to improve emissions estimating techniques,

thereby placing regulated industries at significant risk of being

deemed out of compliance with permit terms and conditions.

Emission estimates set forth in an AES should be consistent

with the facility's permit until a permit modification or renewal is·

issued which incorporates the revised factors.

To save LDEQ time and resources, to remove an expensive

burden from the regulated community, and to ensure the

department receives needed information in a timely and

streamlined manner, revise the proposed text to read (additions

underscored):

C. Calculations. Actual measurement with continuous

emissions monitoring systems (CEMS) or approved stack

testing is the desired method of calculating emissions from a

point source. In lieu of CEMS data or stack test data,

emissions shall be calculated using the best available

informatiQn::.SourCGs of emissions factors include the

Compilation of AirPollution Emissions Factors (AP-42)L

calculations published in engineering journals, or other EPAor OEQ-approved estimation methodologies. The

department realizes that the Clean Air Act (42 u.s.c. §7430)

requires EPA to periodically review AP-42 factors and that

such emission factors may change upwards or downwards

due to receipt of improved data. Emissions increases due

solelvto a change in AP-42 factors do not constitute a

violation of the air permit. Changes in emission factors other

than the AP-42 factors will be evaluated by the department

on a case-by-case basis for appropriate action. Facilities

are expected to report emissions on the AES on a consistent

basis with permitted emissions. Upon the next permit

modification or renewal, facilities are expected to update

permitted emissions using the latest AP-42 factors.

To remove an expensive burden from the regulated community and

to ensure the LDEQ's timely receipt of information, emissions

factors used in permits should be used to estimate the emissions

if!ventory.

The proposed amendments do not change the curr'ent regulation

UUUGJ4
Page 9 of 11

AQ220 Summary

November 7, 2003

which requires the use of the most current and accurate emissions

factor if an emissions factor is used to estimate the emissions

inventory. The Clean Air Act requires the reporting of the most

accurate data available.

RESPONSE 12: -The LDEQ will continue to use the calculation methodology in the

existing rule. The emissions inventory should always be calculated

with the best available information. Because an accurate and valid

inventory is a requirement of the Clean Air Act, the most accurate

and valid emissions factors should be used to estimate the

emissions inventories. These inventories are submitted to the

federal government pursuant to the Clean Air Act.

Also, please refer to RESPONSES 3 and 11.

COMMENT 13: §91 9.C - Regulated entities, dealing with restricted options to

maintain compliance with the permit limits, may address the

compliance difficulties inherent in the proposed regulation by

limiting production rates to a level that the new calculations will

show to be below the permit level, then submitting a permit

modification proposal to allow the source to resume operation at

".7".<!.L~..".:"",:..::c."..:,:,,~ ".,1.'.'" ., .previous rates. Since LDEQ has limited permitting resourc8$]::.wiJrl~$.,,£'~"c:''". /

backlog of initial Title V permits that it has committed to issue, this

pressure to issue these permit modifications could divert precious

manpower resources for more important activities.

The easiest solution to this concern is the inclusion of

language acknowledging the situation. The department would still

be free to investigate any such instance and take compliance

action if the discrepancy was caused by other factors and were true

violations. LDEQ can also place such language in all permits to

protect the regulated entity. Finally, the department can totally

revamp the manner in which it permits fc3.cilities. In lieu of

permitting solely on emissions, LDEQ should actually permit the

facility based on operational factors it can control (e.g. fuel gas

'rates, production rates, vapor pressure, temperature). This is truly

a better mechanism to establish enforceable permit conditions

upon a source.

More effective compliance can be achieved based on

enforcing certain key process variables than on the emission limits.

It is also much easier for the regulated entity to monitor its own

operations to ensure it is maintaining compliance with the permit.

The department has not adequately addressed the potential

ramifications of this issue on its permitting staff and the commentor

. recommends that a meeting between industry and all appropriate

entities within the department be held to discuss a mutually
Page 10 of 11

AQ220 Summary

November 7, 2003

acceptable solution to this concern.

FOR: Compliance difficulties inherent in the proposed regulation should

be specifically addressed both in the proposed regulation and in

the permit language to prevent a string of unfortunate ramifications.

AGAINST: The proposed rule requires the same methodology as required in

the current rule and should not cause any additional compliance

difficulties. The Emissions Inventory Unit cannot address issues

, that are not relevant to the section's specific responsibilities.

RESPONSE 13: - Because the rule has always required the use of the most

current emission factor, the proposed rule will not cause undue

burden on the regulated community or the LDEQ. Comments

regarding this issue will be forwarded to the appropriate Divisions

within LDEQ.

COMMENT 14: §51 07.8.2-3 - Revise these provisions to require reporting of

unauthorized emissions as a result of bypasses and all

nonemergency conditions only when a reportable quantity (RQ)

establ 'lshed' . . 'In-lI\C ':...,0 .. :.•00,-' <.1 3°"1....;1.:' 0 1; •.I',.. .:t"",I\.L.c;j:jU..t:.: -:,"'.,-.r. -''''d .

LDEQ adopted the RQs established in CERCLA in its

release notification requirements and should also use the criteria

for reportfng toxic air pollutants as stated by EPA in their summary

relative to RQs [48 FR 23,552,53 (May 25,1983)], including the

. acknowledgement that "administrative feasibility and practicality are

important considerations". Criteria must be developed for triggering

a report of bypass emissions.

Revise 2 by inserting "that exceeds a reportable quantity in

LAC 33:1.3931" between toxic air pollutant and as a result of

bypassing an emission control device.

Revise 3 to read: ...any unauthorized discharge into the

atmosphere of a toxic air pollutant that exceeds a reportable

qu"antity in LAC 33:1.3931 which does not cause an emergency

condition ...or for upset events, the owner or operator of the source

shall immediately...

No arguments necessary since the provision in question is not part of this rulemaking.

RESPONSE 14: - The LDEQ appreciates the comment, however will not address

these issues as the provision in question is not part of this

rulemaking.

000036
COMMENT 15:

Page 11 of 11

A0220 Summary

November 7, 2003

§5107.B.5 - Revise the provision to require reporting the

discharge of toxic air pollutant (TAP) emissions in the annual Toxic

Emission Data Inventory (TEDI) report only if those emissions

exceed an RO. By requiring the reporting of all TAP emissions

(even one pound) on the TEDI, regardless of RQ, LDEQ is

improperly interpreting Subsection E more stringently than the

release notification requirements in Subsection H. There is no

practical reason why all "discharges" of TAP emissions, no matter

how insignificant, should be included on the TEDI. See

COMMENT 14. LDEQ is going far beyond what is useful, practical,

or mandated by the Louisiana Legislature to be included in the

TEDI.

Revise to read: 5....or a bypass of an emission control

dev'lce, that exceed a reportable quantity in LAC 33:1.3931, must be

reported to the department in the annual emission report and

where otherwise specified in the applicable subchapters.

....-.. ...;(..,:

No arguments necessary since the provision in question is not part of this rulemaking.

RESPONSE 15: - The LDEQ appreciates the comment, however will not address

.."....._.•"•.•,...:.:'.,'.~ .....'....these. issues as the provision in question is not partof.this: .. , ..,'''.' ....,.,....".,~.;+:... :',:.

rulemaking.

COMMENT 16: §5107.B.5 - While this provision is not included in the proposed

rule, these topics were part of the discussion between industry and

LDEQ regarding the annual emissions reporting requirements.

Should the department have to repropose this rulemaking, the

commentor requests that the department solicit comments and

consider amending this provision. .

No arguments nece~sary since the provision in question is not part of this rulemaking.

RESPONSE 16: - The LDEQ appreciates the comment, however will not address

these issues as the provision in question is not part of this

rulemaking.

000037
Page 1 of 1

A0220 Key

November 7, 2003

Comment Summary Response & Concise Statement Key - AQ220

Amendments to the Air Quality Regulations

Emissions Inventory, Toxics Emissions Reporting, and Related Fee Methodology

LAC 33:111.211, 918, 919, and 5107

COMMENT #

4

1-11,13,16

1-16

SUGGESTED BY

Henry Graham / LCA

Richard Metcalf / LMOGA

Kyle Beale ILCA

'1 -~" ":""

000038

..•••. :·'·i.;·:.,..· ... ,..'•.,1
STATE OF LOUISIANA

DEPARTMENT OF ENVIRONMENTAL QUALITY

IN RE:

EMISSIONS INVENTORY, TOXICS EMISSIONS

REPORTING, AND RELATED FEE METHODOLOGY

LOG #: AQ220

PUBLIC HEARING

The Public Hearing held by the Louisiana

Department of Environmental Quality, Regulation

Development Section, at the Galvez Building,

Room Clll, 602 N. Fifth Street, Baton Rouqe,

Louisiana, beginning at 1 :32 p.m., on September

24, 2003.

BEFORE: Lori B. Overland

Certified Court Reporter

In and 'For the State of

Louisiana

ASSOCIATED REPORTER ,IN~ECEIVED

(225) 216-2036

OCT 6 2003

000039

Dl:\J,UI:.AJEI'U " '

REGLILSI'ION DEYH.OPMEST SFnlos
DEPARTMENT OF ENVIRONMENTAL QUALITY

A P PEA RAN C E S

FOR THE LOUISIANA DEPARTMENT OF ENVIRONMENTAL

QUALITY:

Cheryl Flory

Hearing Officer

Department of Environmental Quality

OEA/Regulation Development, 6th Floor

P.O. Box 4314

Baton Rouge, Louisiana 70821-4314

* * * * *

2

ASSOCIATED REPORTERS, INC.

OOO(J~O

(225) 216-2036
DEPARTMENT OF ENVIRONMENTAL QUALITY

I N D E X

EXAMINATION:

None

EXHIBITS:

None

REPORTER'S PAGE

REPORTER'S CERTIFICATE

* * * * *

ASSOCIATED REPORTERS, INC.

000041

PAGE(S)

14

15

(225) 216-2036
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. CHERYL FLORY:

Good afternoon, ladies and gentleman.

My name is Cheryl Flory. 1 1 m employed with

the Louisiana Department of Environmental

Quality. I'll be serving as hearing officer

this afternoon to receive comments regarding

proposed amendments to the Air and Solid

Waste regulations, and to the State

Implementation Plan for Air Quality.

The comment period for these

amendments began on August 20, 2003, when

the notice of intent was published in the

Louisiana Register. The comment period will

c los eat 4: 3 0 p. m., 0 c t ob e r 1, 2 0 0 3 . 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 interested parties to

present comments on the proposed

chariges 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 first amendment is designated by

4

ASSOCIATED REPORTERS, INC.

000042

(225) 216-2036
now specifically listed as required

emissions inventory directly to the

emissions inventory has been used to

assess the criteria pollutant annual

designations may change, the charts

listing the designations have been

5

Changes are

No additional

In the past, the

PM2.5 and ammonia are

Since parish attainment

The definition of

This proposed rule will link the

inventory pollutants.

111,6/ 1 0 / 02) .

being made in order to correlate LAC

33: 111.919 with the recently

promulgated Consolidated Emissions

Reporting Rule (67 FR 39602-39616, No.

fees.

data elements that are not already

collected in the inventory are being

required in these changes, though more

appropriate fees section.

"significant change" has been clarified

in order to prevent confusion in its

interpretation.

removed.

inventory.

DEPARTMENT OF ENVIRONMENTAL QUALITY

the Log Number AQ220.

This rule revision clarifies and

updates requirements for emissions

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

ASSOCIATED REPORTERS, INC. (225) 216-2036

OOO[]4:~
DEPARTMENT OF ENVIRONMENTAL QUALITY 6

Affairs for the Louisiana Chemical

representing chemical manufacturers in the

33:111.211 1S being clarified to ensure

the proper facilities are assessed Air

revised for housekeeping purposes to

correct the submittal contact and

address and the certification

LAC

The proposed

LAC

My name is Henry

Some of our members are

LCA is a trade association

LAC 33:111.5107 is being

This rule is also being

I'm Director of Environmental Legal

Good afternoon.

are listed for rule completeness.

Toxic Annual Emissions Fees.

33:111.919.

statement.

33: 111.918 is being revised to

strengthen the language for regulatory

purposes and for correlation with LAC

impacted by the proposed rule.

proposed as a revision to the LouisianaState Impl.e.mentat.ion Plan for a1r

quality.

Comments will begin with Mr. Henry

Graham.

MR. HENRY GRAHAM:

Graham.

Association.

State of Louisiana.

1

2

3

4

5

6

7

8

9

10

11

12

13

i 14

15

16

17

18

19

20

21

22

23

24

25

ASSOCIATED REPORTERS, INC. (225) 216-2036
DEPARTMENT OF ENVIRONMENTAL QUALITY 7

course, the second one deals with the the

designation of serious to severe for the

provide written comments to the Department

prior to the next week's comment deadline.

We, particularly, are concerned about

rule, Emissions Inventory and Toxic Emission

Reporting, we recognize that, that

particular rule is an attempt to get more

consistent with reporting requirements on

the Federal Rules. However, because this

particular rule is going to be reflected as

part of a SIP revision, we have some

the rule should be applicable on the

reporting requirements, but the lower

thresholds should be applicable. to those

areas and not to other nonattainment areas

that will not have the serious or severe

designation.

Again, we will be providing additional

comments in our written comments and request

the Department review the comments and

We plan to

and, of

We believe that

two areas. One 1S the reporting of

insignificant activities and

concerns with the proposed rule.

one-hour ozone standard.

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

ASSOCIATED REPORTERS, INC. (225) 216-2036

00UU45
DEPARTMENT OF ENVIRONMENTAL QUALITY 8

Next,

MR. RICHARD METCALF:

Good afternoon. My name is Richard

Metcalf. I am the Health/Safety

Environmental Affairs Coordinator for the

Louisiana Mid Continent Oil & Gas

Association. Mid Continent is an industry

trade association representing individuals

and companies who, together, produce,

transport, refine andmarkp~ crude oils,

natural gas, petroleum products and

electricity in Louisiana. Virtually all of

Mid Continent members are in some way

affected by this rule. Mid Continent

appreciates the opportunity to comment on

the proposed amendments to the Department's

emission inventory submittal requirements

designated as Log Number AQ220. Mid

Continent will be submitting detailed

written comments to support the statements

made today.

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

provide a written response prior

legislative oversight approval.

MS. CHERYL FLORY:

Thank you, Mr. Graham.

Richard Metcalf.

ASSOCIATED REPORTERS, INC.

OOOO~fi

to seeking

Thank you.

(225) 216-2036
DEPARTMENT OF ENVIRONMENTAL QUALITY

Mid Continent's primary concern is

with the provisions of Subsection 919.C.

These provisions call for regulated entities

to report emissions, quote, unquote, "Using

the best available information." The

concern is that the calculation and

reporting of emissions using the required

information may differ from that used in the

9

current applicable permit. This difference

may infer that the reporting entity has

exceeded the permit limitation when, in

actuality, no such violation exists. While

the Department attempted to address this

concern by the newly proposed last sentencp.

of this subsection, Mid Continent believes

that this language does not provide

sufficient protection for members from

unjustified compliance action by the

Department or other entity. Without

sufficient protective language against this

concern in the rule, or as a permit

condition, a regulated entity has limited

options to maintain compliance with the

permit limits.

The first step would be to limit

ASSOCIATED REPORTERS, INC.

OOOO~7

(225) 216-2036
DEPARTMENT OF ENVIRONMENTAL QUALITY 10

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

production rates to a level that ensured the

actual emissions calculated under the new

basis remain below the permit level. The

second step would be to quickly prepare a

permit application seeking a permit

modification to allow the source to resume

operation of previous rates. Since the

permit sources is, ln all likelihood, losing

revenues during this period, it will avail

itself of every means possible to encourage

the Department to issue the permit

modification quickly. Since the Department

has limited permitting resources and has a

backlog of initial Title V permits that it

has committed to issue, this pressure to

issue the permit modification could divert

precious manpower resources for more

important activities. The regulated entity

may be losing several millions of dollars in

lost productions during this period, waiting

for the updated permit.

Mid Continent's other major concern is

that the Department's proposal will now

greatly expand the amount of information

that is considered federally enforceable and

ASSOCIATED REPORTERS, INC.

OUUU4S

(225) 216-2036
DEPARTMENT OF ENVIRONMENTAL QUALITY 11

will now make minor errors, Clean Air Act

details associated with the emissions

reports were previously instituted as

policy, for example, UTM coordinates for

stating that much of what it is attempting

to accomplish with these amendments is to

clarify their existing reporting

since the policy guidance for the emissions

inventory report was not adopted through the

public comment and those provisions of the

Admipistr~tive Procedures Act, otherwise

known as the APA, restrict enforceability of

these requirements is questionable since

they were not adopted per the APA.

Assuming these changes are adopted and

EPA adopts these changes into the State

Implementation Plan, which the notice says

is the Department I s intent, all of these

minute details become federally enforceable.

A mistake in the emissions inventory

submittal data is now potentially a Clean

Mid Continent has

since the policy

Much of the minor, technical

The Department is correct in

individual points.

Air Act violation.

requirements.

violations.

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

ASSOCIATED REPORTERS, INC. (225) 216-2036

UOOO~9
DEPARTMENT OF ENVIRONMENTAL QUALITY 12

1

2

3

4

5

6

7

8

9

10

11

12

13

1.4

15

16

17

18

19

20

21

22

23

24

25

serious concerns that a minor error in the

determination of a UTM coordinate by a few

feet can become a Clean Air Act violation.

In the detailed comments, Mid

Continent will further develop the rationale

for our members' concerns on these two major

issues. Mid Continent will also be

submitting several technical comments to

assure the absolute clarity of the final

adopted rule. Mr. Graham, of LCA, mentioned

two of these items.

Finally, Mid Continent believes the

proposed amendments .will have a significant

potential fiscal and manpower impact. on both

the Department and the regulated community.

The agency's response in the responses in

the Fiscal and Economic Impact Statement

that there are, quote, unquote, "No affects

on state and local groups, as well as

directly-affected persons" are clearly in

error and misrepresent the true impacts of

the rule. As stated earlier, the failure to

include language to address those instances

where the new emission factor requires

reporting of actual emissions greater than

ASSOCIATED REPORTERS, INC.

000050

(225) 216-2036
DEPARTMENT OF ENVIRONMENTAL QUALITY 13

hundreds of thousands of dollars. Mid

effect. "

the fiscal and economic impacts of the

clearly more than, quote, unquote,. "No

This is

It will

Depending on

To rectify this,

This will cost

The regulated entities

The Department needs to

Other proposed technical changes will

the Department will be inundated with an

the Department and the regulated community

ln its statutory duty to adequately address

potentially cost the regulated community

have no choice but to reduce operation rates

permit applications.

millions of dollars to industry.

the loss of tax revenues.

proposed rule.

avalanche of permit applications.

and re-propose the rule with accurate

also cost the State lost revenues through

Continent believes the Department has failed

assessment of these impacts.

implications for both the Department and the

the assessment of these costs, the

permit emissions, will have serious

until the Department acts on the revised

reassess the impacts of this rule to both

regulated community.

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

ASSOCIATED REPORTERS, INC. (225) 216-2036
* * * * *

14

Does anyone

regulation?

Thank you, Mr. Metcalf.

else care to comment on this

(No response.)

MS. CHERYL FLORY:

If not, this hearing on AQ220 Ls

closed.

I'd like to thank you for your

attention and participation. This

hearing is closed.

THE HEARING WAS CONCLUDED AT 1:43 P.M.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Department may be required to perform the

cost-benefit and risk-benefit analyses

required by State law for this rule.

Once again, Mid Continent will be

submitting detailed written comments to

support these statements and Mid Continent

appreciates the opportunity to submit these

comments today. Thank you.

MS. CHERYL FLORY:

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

ASSOCIATED REPORTERS, INC. (225) 216-2036

000052
DEPARTMENT OF ENVIRONMENTAL QUALITY 15

That due to the interaction In the

state on the Record

Rules of Civil Procedure and/or Article 1434(b)

# 97083

S P AGE

Lori Overland, C.C.R.

the

REP aRT E R

I, Lori B. Overland, Certified Court

That any words and/or names which could not

Reporter, in and for the State of Louisiana, the

proper method for a Court Reporters's

in thought, and/or talk overs; that same lS the

been left out of this transcript;

(--) have been used to indicate pauses, changes

of the Louisiana code of Civil Procedure, before

whom this sworn testimony was taken, do hereby

spontaneous discourse of this proceeding, dashes

officer, as defined in Rule 28 of the Federal

(--) do not indicated that words or phrases have

t ran s c rip t i op .oJ pr 0 r. e e din g, and t hat the d ash e s

be verified through reference material have been

denoted with

1

2

3

4

5

6

7

8

9

10

11

12

13 -. -

14

15

16

17

18

19

20

21

22

ASSOCIATED REPORTERS, INC. (225) 216-2036

000053
1

2

DEPARTMENT OF ENVIRONMENTAL QUALITY

C E R T I FIe A T ION

I, the undersigned reporter, do hereby

16

3 certify that the above and foregoing is a true

4 and correct transcription of the stenomask tape

5 of the proceedings had herein, taken down by me

6 and transcribed under my supervision, to the

7 best of my ability and understanding, at the

8 time and place hereinbefore noted, in the above

9 entitled cause.

10 I further certify that the witness was duly

11 sworn by me in my capacity as a Certified Court

12 Reporter pursuant to the provisions of R.S

13 37:2551 et seq. in and for the state of

14 Louisiana; that I am not of counsel no~ ypJated

15 to any of the counsel of any of the parties, nor

1 6 i nthe e mp loy 0 fan y 0 f the partie.s, and t hat I

17 have no interest in the outcome of this action.

18 I further certify that my license is In good

19

20

21

22

23

standing

state of

as a court reporter in a~d fo~e

LouiSiana~~_~_

Lori Overland, C.C.R.

ASSOCIATED REPORTERS, INC.

Oell"HI ::; , u V'U U It

(225) 216-2036
TIFIED COpy RECEIVED

r/10 (D 3;fLJ AFFIDAVII' OF PUBLICAI'IO~ E~Ul.:l)illl:A/f'j'O

f{~GIIl..\TJON DEVEIOI'MI:NT SI'('rIO:--;

CER

( A Conect Copy of Publication)

Jf"~f\

I, Linda V. Ward, Call Center Supervisor

of THE TOWN TALK, published at Alexandria,

Louisiana do solemnly swear that the

Public Notice

advertisement, as per clipping attached, was

published in the regular and entire issue ofsaid

newspaper, and not in any supplement thereof

for one insertions commencing with the issue

dated August 13, 2003 and ending with the

issue dated August 13, 2003.

Subscribed and swom to before me

this 13th day of August, 2003

Notary Public

000055
3800 HOWARD AVE. NEW ORLEANS, LA 70125-1429

•

•

•

•

•

•

•

•

.'

TDXICS~;EM;EiSSIONS

918

Notary ublic

My commission expires at my death.

AUG 1 4 2003

I

DEQiOI:i\/EPD J

Rr:Gl11.,H"/ON DEVU_Of'~lI:NT SEeTIn;;

BAroN ROUGE, LA. 70821-4314

P.O. OCiX 4314

Sworn to and subscribed before me this

Was publish ed in_~T~HE~--"T,-",I~ME,,=,,",S-LPI....,C.... :A:::LYI~!NE,,-,-,-- _

on the fo Ilowing d ates__A_

U_GU_ ST_,_1_1_,_2_00_3 _

__1_2-:et_h_day of__~q'q-~'---_---r-_ _ ---"'2'-=O=3~Q_/

Personally appeared before me, a Notary in and for the

parish of Orleans, Robert J. Chiasson who deposes and

says that he is the Accounts Receivable Manager, of

The Times-Picayune Publishing Corporation, a Louisiana

Corporation, Publishers of The Times-Picayune, Daily

and Sunday, of general circulation; doing business in the

City of New Orleans and the State of Louisiana, and that

the attached

State of Louisiana

Parish of Orleans

LEGAL NJTICE

City of New Orleans

RE: NOTICE OF IN"rnNr DEPARIMENr OF ENVIOONMENTAL ASSESSMENT

PEiANNING;;DD1.ISION EMlElSSlOOS INVENIDRY,

RERJRIING AND RELATED FEE ME1'HOOOU:X;Y (LAC 33: III. 211,

919, and 5107) AQ220

Advertisement of DEPr.OFENVIOONMENTAL aJALITY
AUG 19 2003

Altheas Critton, personally known to me,

August 13, 2003

NOTICE OF INTENT Department of Environmental Quality Office

of Environmental Assessment Environmental Plalming Division

Emissions Inventory, Toxics Emissions Reporting, and Related Fee

Methodology (LAC 33:III.211, 918,919, and 510?)~(A\t?220)

I (N.9.~~!')

DIANA w_ BARBE:R',NOTA~), PUBLIC

CADDO PARISH. LOUISIANA

MY COMMISjSHi);N.IS FOR LIFE

,\" ,,":,I,"')I{\' ) "

I~.. I:' t~...... ••. ·· ,,:.,. ,

/~'U'i"iri(:; " I

.' .r.:'.;·~~~~ ... '.'

'. .i~i\'!'t'9k·,YjJ<'

.. ,...,'....'.•,.,'.•,..,:.•."•. ',•. :.:..•..',...,:.·,.••,.,,·.~..,.,.':,',':•••.•,i..... :;.,·.....••.·.;i.,.;,i ..•••::•.',••.•.,•••...•••.•.',·~~EiT\ ',1. . ~'- --_'~'.- -,~~i:,;~~.i?~}k;,:::;:?i \::-,;~: -;'.-

As per copy of advertisement hereto annexed,was published in

The Times on the following dates to wit:

" 0 N DEQiOEAlEPD PROOF OF PU BLICATI RECI1l..\TION DEVElOPMENT SECTIONi

Sworn to and subscribed before me this 13th day of August 2003.

Who being duly sworn, deposes and says that she is the Assistant to the

Classified Advertising Manager of The Times, and that the attached

Advertisement entitled:

STATE OF LOUISIANA

PARISH OF CADDO

,'This rule revision clari· ·Before me, the undersigned authority, personally came and appeared

fles and updates require·

menls lor 'emlssions .in·

ventory, Since parish al·

tainment designations

may change, the charts

listing the deSignations

have been removed,

Hie delinrtion 01

"significant change" has

been clarrtied In order to

prevent confUSion in its

inlenprelation, In the

past, the emiSSionS in·

ventory has been used

to assess the criteria pol·

lutanl annual lees, This

proposed rule will link

the emissions inventory

directly 10 the appropri. :'.

ale' lees' section,;

-Changes are being"

made In order' to corre·'

lale LAC 33:111919 with

the recenlly plOmulgaled

Consolidated Emissions

Reporting Rule (67 FR

39602-39616, No, 111,

6/10/02), PM2,5 and am·

monia are now specifically listed as required In·

ventory pollutants, No

addllional data elements

thai are nol already col·

leeted . in the Inventory

are being required In

these changes, though

more are listed for rule

completeness, LAC

33111.211 Is being c1ari·

.lied to ensure that prop- ,

erlacil/lies are assessed ,

Air Toxic Annual Emission's Fees, LAC

33:f11'918 is being re~'

vis~d to strengthen the

laQguage for regulatory

punposes and for correia·

tion with LAC 33:111.919, ,

LAC 33:111.5107 is being,

reVIsed for ,housekeeping .punposes 10, correct

the submit1al contact arid '

address and thecertillcalion slalement., Thisfljle '

is also being, proposed

asa revision 10 tr~ Loui- :

sianaSlale IrnplementationPlan lor .air-quallty,

The 'basis ,and.'Tattonafe '

Ibr the f8vislorito .emis·.1

sions inventoiYilsdarifl, .

cation and compliance

with federal ",(equlrements, TheJee method-

'ology and'Joxlc ,emis·

~Ions reporting' changes

are lor clarificalion, .

~~~a~::&~~~f~~~~b~t~tt' T~FYlfbnmeht<lL.:,PIMning

J,bt~siOjl "',,;,,.), : > ',j'c

rEj~llsslons :·::-'.:,~i8~:~t~"~j', ToxicsEmlssfons Reporting, " and'··Related Fee

Methodology'" .

(LAC 33:\1121.1, 9iB,

919,and 51071'iA0229J

"Under the authority 01

the Environmental Ouall-J

tv Acl, R,S, 30:2001 at

seq" and in accordance

.with the proviSIons of the

Administrative proce·

. dure Act, R,S, 49:950 .et

seq" the secretary gives

notice that rulemaklng

procedures have been inilialed to amend the Air

legulallons, . LAC

33:111.211,918,919, and

5107 (Log #AQ220),
(:

' ...... '._~- ....... ~-

I :",. -. '...._~_3\.(),· .J

,''YUWm;;,'

rmatl08 '.:' ,.iooorriY

,~~;J!;~i;:,:. .;Jr';·:~iis" h~Ji~b~i9s~¢1~~~:ill:4~

,

200.3;at1:BO p,rn:Jr the

.

·•. GilIV~i:;BUlJd,t~g,'R,oorn

C1,1.1 1('"602" .N, "Fifth

Street: Baton'Rouge, LA

70802, The hearing will

alao be lor the revision

to't!le Stale Implementation Plan (SIP) toincClrPo,:

rale thiS proposec,,).ule,

Interested per:sons are in'

vitedtci a~8fld' 8Rdsub:

mft::,o(al/corriinenls on

Ihe/:,.ilrClPo~ed< 'amenq,'

mentsc1:fJhoU!d·.lpdlVldU'

alswitne disability nee91 an 'accommodation in or';

der to participate, con-'

tacLLynnW!lbanks at I'

the'address given below,

. or ,81.'(225), 219-3550:

Free parking is:avaHablej

',across,.the; street .11'1 the'"

}9alv~l :pBrklnggarage'

vih~n:theparklng.licket!

.' is·,!.valtdated bY.. depart:I

'-meiltpersonnel at Ihe:

hearing,' ':,..... J ."

.::AUint~r~sled·· Ptii';orisi

are:inviladto submit writJenciim~ntsQn the pro- .1 p~ed::tegulahQn, "Per-

:

'~qnsGornmeri\irig.sho!J19.,:

,relereni:,E:.J.:tDls prOposed! requlatlorj\,v.'by'AQ220,1

Suchtomments':JTlust,be'

received no laler than

Oelober 1,2003, at 4:30

p,m" and should be sent

10 Lynn Wilbanks, Ot1ice

01 l:nvtronmEintaIAssessi ;ment,A.~gula~0'1 [)eve!· f ,.,opmenL,$~IOfl, -- Bo~,., . 43j4,BatoCjjFj'0i:Jge,'1L!\~

70821·43i4f,or,ao .. FAX'I

(225)... 21;l:~5fl2 ..orb·~·,1l;'1 mall 10 IYnnw@ldeq,oig,.

ICopies'ot t\)isproposed, I

regUlation.', "can· be .' PWd

c. h.a.-s.ed....:b.Yoo.'n.t.a.etin.Q.•.the'l DEG. ',.,:Publ!c',. Records .. 'Cenlei'-at ~'~(225) 2i 9·

3168. Check or money

i

order Is requlrB<Jin ad-

'vance lor each copy of

'AQ220,
CAPITAL CITY PRE I I CERTIFIED COpy

Publish{lr of

TH E ADVOCATE

RECEIVED

AUG 2 6 2003

PROOF OF PUBLICATION DFQiOI:AIEI't)

RECUl.AlIO,'" DL:VFlOI'~lt:NT SECTION

l£ga I/Public N otic£s R£prcz:s£nta tiv£

NOTICEQF IN:TENT .~~.;. ... '.:

~ti~parfnieri(Qf ··~vlr~.nrnent~t-..QliJall.ty.

'. :,~",", :O'fI.~e'of" ': I- " •...

Envtr?nrr~'nta,CAss·essmenl.

':~~:~~~W2h~%:f~;~s,.:;

I

:..···Relaled:F.Ei'M.lho.dplog~:. ,!,,~

,:::~~~J~~t~~~~I~%lg~1~{i. r' q!iJnc'e"wlth·:the: 0f1,",~"

.,' Adrilinfstrattve: ' -,'Act 'f

.R.S.-4~J95o-et ~e,q;i~he':s~cr~tary~ .·:·gjves:,[.1'?:tice:..that·~!-J~emakj()g·pro-: ,~

cedJ(es;~a.-"e:b.een'·lni~lated, :to:"'-

...,a,mEt.~crth.e:"t\I""', re:gl)latj6n~·.: LAC;::'f"

1?~~~iig:{~3~:!:;:~if~~~~5!g;r:~LR~2 : ··Thl~:f,l.H~ ,·r~·v.l~,lc~n'.'C::larUi~'s'·8nd~ I' :l:'pda.tC,~.~-}"eqy~~~.me~~.(s~,,~or·Jemls~.,:j, : .slons~ill~en~ory,~-,__ ~,.In.~~ :pa~ls~',.a,t •.:~

tainm,~~.·~': ~· ..~~~I.9~,~tL6ns, ;,::'r:h~Y. .change,.·..~t,h~. :C.h:~.TjS:..'.:lIst ing.·.the ..

desig~~HQ.8s .. ,);a¥.e::~.,. be.en '." ~e:-:'\'

moved,'1'1~.:de.f.i0itlo(l1 dt. ~slgnifk·

caflt: ctl,ange~;tja.~:·:b~,~n.:cla''.\,f.ie"i:!. .' ~ln"ord~r·~t6 ;preve'nt.:confusion·in . ~

'. ,jt~',interpre~~t.ion..:l~ the pa'st~, t!1e,:S

· emissions, .inv:eri,~~'.:::~as"it?een­

.us~d..:t~"as~e'~~,"i.ttle'."~r.lt~da,:pol~·,~

· ·Iutant,: ..&a"h,~a(,""ffe's. '?':T~i~ !'pro'~ '.":

.' po~e.q-,"~Le>;Yj!!J,!~~.:~~:ern~~.I,?n.~ . .. u:wentofY, -dlreG~f~.:,.to.-t~e,..:~ppro:, .:.:

'. ptlatE!':1ee·s .s,ec~~oj,r -~a~gE;?,a,.e .. t .~eif)g ,rdaae".jt1'9-'der_',~o c:oae'/ate .-'

LAC '3~':IIL'9 ,19' wJtl1:1he', recently>'

...promulga1ed'Oonsohdaled,Emis J -:

'. sipns ':~Hep'~'rtjrig~:-;:~,~Ie",'.'(6]:", :Al·' 39602'·3~~16>Nd·:"11.1,'61'10/02), " · PM:2,:5~ ·.~·r.,i:n;-an1·ri:t'oo,i.3··; ar~.: ,.how;'.:,;

, Sp~ci'i8ally~·lfS!¥a.'~s''i.e;qulr.eCf,ln-:~

venlory·P'?l.h.:Jtant~; No.add.itiOrlat:~

:~{:~,~:~?J!0~i~:!~;r~£e~~~'; .' Gh~l")ge$;,;tf:16l!gh,frriQ.t.t;l:.,ar~ listep

',fDr}-':J;4Je.;·~:,co~pl_e.t~ne.ss" .'.!.:AC:'· "..3~.:llL2i!.i;:;',:b.e\~.g:·9iadf.ied!to .en~:

;,.s~(l~:.-~!l~t ..f1.~p·~,~-,~:i~~ciH(j~~ ~~r~ ~~~ ::': :sess.e.d~"~ll~;To.x,lcj Annual'.Sflls:- ,''''

· 5!P~S:.' :t.AC·;33'~1I1.91Bis,be'.:,

lilg:' " "jP~~'_~t(J~r1gth~n ,th',e::'

I

': kl.r." '''',~gUI~!OrY pur-- "po.!? ... . pr:;:G9rr:~arl.orl yo,I,I1.h ....

;LAC,,33,:J1r~19: IQ\Q,;33:J11.?1(), 19,

~:}~~~·~X~;:-\~~-~~~f~~7~~~~~~~~~!~':.~: ,,~po,n}ar::t;,:,~nd :'addrBS~. ":an~ ,::.thB.~

~:~~11J9~JI~n~~.1' .. ,. '~tW1fj

,pletlal.lty",

) ~~,~~~ ,e:rrls.~.;~.~

~,e~v:I,rt?nmeTl:ta t€Z"o".~J?~w~ll~ lI'fl'ealth' '" .,.b'e l1e tits', -.

\··and',sQ·¢·i?.l/~ton.Or:A ic ~co st5':IS' r~::·.~

"ql.;l_if~(r.~:;rf1,IS prop6s~d :.T~le':.ha~\

-·,00:,')';riow~'-:I~pact·:bn;, fa,m Hy', 'C?r<'; 'r;-r:ati6n~':stat:Jility:' 'and autbnfJm~,:':

as :deseri~d;ifl.:A\:S~"49;97~::'- '.~,.:. :.'

'".": ·',i.'.·:.P~blic 'hflarlng, ,will be,. Ii.ald

.on:seple,iT:tber.,24 •.,2003: .at ..~:n,O.,

p~m:~:.in·:·,_m'~ ..:;·G~Iv.,ez, 6uildlng~':

Roorry ..C:t11;..:602~;N: :.FI'th'.;S~r,.eet.,"

eatorr','..:A.?dge:.\~!:~ ':7DB02:-} ~Tt"e' 7-

~hearir:'lg ~m".al~~-.be:~or tt:e·:';f'8v4"~~:

sloh rt~·~the'Sta.te·'tm,~IBmerilt.ath?qPlan)SIP)"" Jp. r~c9rppr~le,:t~i.5

pr~.posed.. ;':l.'e,: l.nt~resH:~d~per., ': soos, are, 'jn~lte9),o ,a.t.I,end and

·Q'lhmlt. o(aL,cominerits~'~n··t,:.e. LA 708i1--4314

Notary Publ

Commission Expir£sl

Baton P-ougcz:, louisiana

08/13/03

Sworn "","d subscrib£d bdor£ mcz: by th~

p£rson whos£ sign atu rcz: appcz:ars abov£t

Thcz: hcz:rcz:to attachcz:d noticcz: was

publishcz:d in THE ADVOCATE,

a daily ncz:wspapcz:r of gcz:ncz:ral circulation

publishcz:d in Baton Rougcz:, Louisian a,

and thcz: Official Journal

of th cz: Statcz: of Louisiana,

thcz: City of Baton Roug£,

and thcz: Parish of East Baton Roug£,

in th£ following iSSUCZ:SI

prQ p~s ~.d.."~r.n.etH;jm.en \5 ..S1"1~U10

IJiq,jVI~l.:I,Cl·ls.-y-;.lt.~,al·dIS~.bll\~Y'!",a~9. .. :; 'l~n :acc·o.rpmoaar.l0fl)n .Ord~L)O.,_·

partic!pate.:.,c:on.tac.t ,Lynn :~Wil.;:-,~ banks:,ar,~"e.·addr.ess·:gi"ef'f.,be~

Ipw p;:,al'(225)·2'9-3550,. lOre;', parl<ing,-".I~; .a.va.i lap I~,:"acros$_':;tt:~·

··s,t~e~~.-jr;i~-'t[le,.x~~lv..~z :pa~k.i_n9;;g~:".; ..

, ,rage ~Wh8~·._j:ttjle,~~R~r:~.,,,,g,:-·tJ{;.~!!J/I~;._ j. '\laljdate~,;by.d~partmery.t;p~.rson::.·

!.·.:n~~~f·,,~1~9:·;·~=~~~~~:r~:~.~~~,/4!~,\q~;'~ I·. vit,ed 't6su,bmit;~(iUen~omment5;".

, ·O,rltt;t:.~"Pfop.ose9..:.r~glJla.i!9~, ~~,~~':, s~ns: c0rTlr:n~nti~g '~houla,.:r~,t~~;-:

ene,s this ·propps.ed. reg9iat~h:qy":',~

. AQ,~2Q:~~:~C~.¢p~fry~n~s~.M~'~fl?·~:~ ..recei,yed:·6i;J··latef __ th.a~ .. Oc:~qb:e:r~1.,.·

;~.[N~r.' ' . ;~~t~~~f¥f,y.&~;:%;,?) '"En"ir:,,' , ',' . '~sse~"s~e,n!i~(

,ilK~f;~r,~!:;~~~]

~:·;},;~:~.,re

, ,.copy ?~ ft .... ,Tf.1IS"IJ pro

r'.t~~~~i~t '. aY,546:W.a,1

'M.onrge:.:;'-p\"S7i'f!~.?~.':~late.iQtJlCe,'

.!3YH.d.I.")g;}~~.~-~·::fa,!(Ji~.Jd.,.'A\i~_I::(u_e,:::

Shreveport, '.LA7118t',J301, JJad, . ______ :·wan. ,:9treet.~,:Ut.K.e .:·~hqrle-s·.'·~4'­

.706·1~ ;·~9.1:Eya.n.s)~oad;.Bulh~~ng,~

,4::,;SUlte:;420·;..:'New:Or.leans::':.LA"1

.70,123:'-:'.:.11-1:·:New l,C~nte(·.::prrve'.:j

, ._La.tayeue.;~q050a:.-.104 :LqCOc.o·.':.

·:~~~~e\~~.~ec,~~~t~}~·,'~~';,7~~.~;;;ltt~:·i' deq.5 ta ~e .Ia ,l:JS!p lar)nlng/re.gsJ.:!f'\Q ," e~::hlm ...<,:i,.,,·,t'.-"·,: .. " '::··"'·,:.~·~'",-,:,:-,',~·~~:l:,<,

JAMES'He "BRENT,P/,::D:·, '~.: ..:.

Assj5ta~t,Se,cr'e.tary:·:,<';::

__________. ' 7:~~.7~_?5,4-a.u@.la~'1( ':' ,( \".;:'''.

DEQ - REGULAnON

PO BOX 4314

BATON ROUGE

2673354 000059
RECEIVED : '. --'-".-~'-'. "~;-:'''.':.'-

AUG 2 8 2003

DFQ/OEAiI',I'l) ..' , , "I' SIT 110:--; RFG\lI.,\TION D[VEI.()I'~tLN .' ,

221 JEFFERSON STREET

Lafayette, LA 70501

C'~R'flFlEDCOP'y

Acadiana I s Daily Newspaper J}, tf) 3 ;<: ,

THE ADVERTISER

PHONE: (337) 289-6300

FAX: (337) 289-6466

AFFIDAVIT OF PUBLICATION

Lynn Wilbanks

Depa rtment of Environ menta I Qua Iity

Regulation Development Section

P. O. Box 4314

Baton Rouge, LA 70821-4314

Account No.: L-D EQRDS

Ad Number: 07525528

Ad Total: $95.00

Ad Inches: 16

**IN ORDER to insure proper credit

please refer to your account number and!

or ad number when making payment.

I, ROSE PENFOLD, do solemnly swear that I am the LEGAL CLERK of THE ADVERTISER,

a newspaper printed and published at Lafayette, in the Parish of Lafayette, State of Louisiana, and

that from my personal knowledge and reference to the files of said pUblication, the advertisement of

NOTICE OF INTENT

Department of Environmental Quality

Office of Environmental Assessment

.Environmental Planning DivIsion

Emissions Inventory, Toxics Emissions Reporting, and Related Fee Methodology

(AQ220)

was published in THE ADVERTISER on the following dates:

IfJ~J;tJ *TUESDAY, AUGUST 12, 2003

Sworn to and subscribed before me this of August, 2003.

v NOTARY PUBLIC

o()(H) () 0
.",,':.

000061
The person whose signature appears above in Monroe, LA on this

•

•

•

•

•

•

• Publisher of

THE NEWS-STAR

ONROE, LOUISIANA

OF OF PUBLICATION

~=---"""""""-"" CERTIFIED COpy

Published in Monroe, Louisiana.

LEGAL AD DEPT.

Parish of Ouachita in the issues of:

was published m the NEWS-STAR.

The hereto attached advertisement

Sworn Qnctsubscrib~dbefore me by

.

el\ ·.·.f.'1. :"~.' ".i, \;{:~) (u"uuu'(t'u,

A daily newspaper of general circulation,

RECEiVED

AUG 28 2003

DL:QiUEA/l'I'lJ ' PR

KEGlJl..\TION DEVEI.OI',\!ENT SJTTIO,'i

. ;·.1': '''"' _ . rJ]I'\,'.1 ... lgl1l:J":KJ5 iiI hw~,·

...mo~ bns ohemo nulb.l,.

.Ji r10irlw n1v;a'le Irrior.] E:nrbt· " .' . !?~ !.~!)_~~., A~~ n~ uf-·jltl

HTment aT cnvlronmentii

Quality

ffice ot-Envlronmental

Asse3sment

nvironmental planning Drvision .~

sions Inventory,'Toxics

sions Reporting, and Ae.-

Fee Methodoiogy .' .

33:111.211,918,919, and'

) (A0220r;Q"· .'

,r the'authority of the Enmental Quality Act"n:s•.

Xl1 et saq. andin aelnCB with the:pro\lisions

:! Adminis1ratl-JB ProceAct, R.S. 49.:950 et se<l.,

ecretary gives. notice

,"lJlem'aklng procedur:es

been Initiated -to amend

.Ir regulations LAC·.'

.211,918;919;and510I

~AQ220). ", .,,:, ,..'C.':,:.'-"

ru)e revision ,c1a,rifies ,and,

:tes req uire men~Jor:..:. ": ~-~;:

U~~ii~~~::t·.fl~~r~~~tm;~ may-<;:hange, the--cha~

g, the,desighation6ha~e ..

,·removed•.. The definition

Igniticant _cha.nge'!,'.hai:~,~';

; clari.fi_ed:.in.oi"de~_l~o- pre:J~

confusiori hi jts·'hi~e'rpre~ . n. 1n the past, th£!: ~o:' __ .,,~,::.'

sion~ i~Yentpry has·be,efl.

'to a5ses~r·the..c"ri~eria

itant 'annual fees,' .This

ii'ed ,rulewill·llnk·th" ',.,

sions.inv.ef:i.to.?:.:~i r:ect'y

;~.".~~t~~~~j'.~~?:b~~.jri'r.':::'~~.{.;;~'.':; a'ln order'to.:cortela~~:I"::::' 33:IU.9t9Wilh,therec' .'

Iy promiJigale<lCohsoli"

a, Emission"s" fleporttng ,! -,: .

(67 FR'39602;3%16 No.

6/10/02);PM2;5and:, i

lonia,are.now specifically'

d,as required'lnventory

rtants. No additional data lents' that are not already

Icled.ln the,inventory are

9 l'Bquired In. these '.' .'

Iges"though.more are d .for rule completeness.

33;111.211 i. being c1arifo ensure that proper fa~

es are assessedA:ir Toxic ial EmisBio~9 Fees., LAC: 1.918is being revised to

19ihen the language 1c:>r ,

latory purpos,es and for

elation with LAC :.. " 1.919. LAC 33:111.5107 is

g".revised 1or·ho~sekp.Api.lJrposes ,to correct. the

nittal contact and ad-

.and the certification

~j"ent. This rule is also 9 proposed as a revision

Ie Louisiana ~tate ,Imple· tation Plan 10r air':'quality. basis and ration'aleJor.:

~'vision·to emissions 'ini.

,ory is c1arification'and ;:'

pliance with1federal,re·

aments. The,f~e·method·

yand toxic e",ls.:sioris re~,

~n9 changes ~~ f~r ,cl~ri· :.00.' " , ...' ." ,.

proposed rule' mee~,:an

.ption listed. In R;S.',. .' 019(D)(2} and H.S. . <S3(G)(3!; therefor., no ra:

re~ardin9 onvironmen 4

•

':~o~O~I~e~~~;7~ ;:,

oo.,.This p'r'opose<J rule' ..

nO'knD'Hn impBc~ on.faml 4

nnation;' 9tabillty" and·au,,:

,mY~;o"describedin R.S,

;~~~'~'~~:rfng'<~Wi~'held

epte·mber.24,2003, at

p.m. in the Galvaz.Build'

RoomC1 ,11 ;602 N, F,fth

et, Baton Rougej ,LA -

~~t~~~e~?~~~1(t;~~a)so

a ·lmplementallonPlan

~·to inc.o~porate this pro-

~d rule..•nt8rest~.p8r~

i' are invited to attend and

"nit orat .c~,~rr.en.ts on the

~sed amendments. .Jld ·jnd.viduals w;th a'dis 4

tv ne~.8naCCOmm~ae

in order, tOp'articipate,

:act Lynn.Wllbanks.t Ul<l

-ess given below or· at,.. " ) 219-3550. Free,parklng',

'sUable acrossJne street

e Galvez parkin9 98rage nthe parking ticket is val..

~y depa,rtmen,~ R~r:-son~

It the :heann9~· .!'~I'!;:' .'

ltere3ted ~rsons'sre 'fne •

I to:'submit:writt~,ri·com,:,..

Is on the proposed ,..,gu-.·

n. Person9 commenting lid reference '.this pro-

,d regulat;on'by..·AQ220.

, comments_must be reed no later than· October

)03, at 4:30 p.m:,and

,Idbe '!.,:~t to ~tnri '
Robert E. Hosse

General Government tion Director

Legislative Fiscal Office

NOTICE OF INTENT

Thomas C. Bickham

Undersecretary

0308#062

Under the authority of the Environmental Quality Act,

R.S. 30:2001 et seq., and in accordance with the provisions

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

secretary gives notice that rulemaking procedures have been

initiated to amend the Air regulations, LAC 33:III.211, 918,

919, and 5107 (Log #AQ220).

This Rule revision clarifies and updates requirements for

emissions inventory. Since parish attainment designations

may change, the charts listing the designations have been

removed. The definition of "significant change" has been

ciarified in order to prevent confusion in its interpretation. In

the past, the emissions inventory has been used to assess the

criteria pollutant annual fees. This proposed Rule will link

the emissions inventory directly to the appropriate fees

section. Changes are being made in order to correlate LAC

33:II1.919 with the recently promulgated Consolidated

Emissions Reporting Rule (67 FR 39602-39616, No. Ill,

6/1 0102). PM2.

5 and ammonia are now specifically listed as

required inventory pollutants. No additional data elements

that are not already collected in the inventory are being

required in these changes, though more are listed for Rule

completeness. LAC 33:III.211 is being clarified to ensure

that proper facilities are assessed Air Toxic Annual

Emissions Fees. LAC 33:1IL918 is being revised to

strengthen the language for regulatory purposes and for

correlation with LAC 33:III.919. LAC 33:1II.5107 j:; being

revised for housekeeping purposes to correct the submittal

contact and address and the certification stalement. This

Rule is also being proposed as a revision to the Louisiana

State Implementation Plan for air quality. The basis and

rationale for the revision to emissions inventory is

clarification and compliance with federal requirements. The

fee methodology and toxic emissions reporting changes are

for clarification.

This proposed Rule meets an exception listed in R.S.

30:2019(D)(2) and R.S. 49:953(G)(3); therefore, no report

regarding environmental/bealth benefits and social/economic

costs is required. This proposed Rule has no known impact

on family fonnation, stability, and autonomy as described in

R.S.49:972.

Emissions Inventory, Toxics Emissions Reporting, and

Related Fee Methodology

(LAC 33:111.211, 918, 919, and 5107)(AQ220)

. j

c pounds III the Baton Rouge ozone nonatt i)"inent area.

AntIc' ated costs are believed to be low beca e some of these

facilities already be operating at th~ r uired'level or they

may be exemp; ut no supporting data' available.

IV. ESTIMATED E ON COlvlPE ON ANTI EMPLOYMENT

(Surnrnary)

There is no

employment.

Department of Environmental Quality

Office of Environmental Assessment

Environmental Planning Division

FISCAL A: D ECONOMIC IMPACT ST TEMENT

FO ADMINISTRATIVE RU ES

RULE

James H. Brent, Ph.D.

Assistant Secretary

otection, Air Quality Division, LR 21 :936 (September 19 ),

a nded LR 22:1212 (December 1996), LR 24:26 (January 1 8),

LR 5850 (May 1999), amended by the Office of Environ ental

Asses, ment, Environmental Planning DivIsion, LR ') :2453

(Nove er 2000), LR 28: 1765 (August 2002), LR 29:

A pu ic hearing will be held on September 24 2003, at

1:30 p.m. 'n the Galvez Building, Room Clll, 6 2 N. Fifth

Street, Bat Rouge, LA 70802. The hearing wi also be for

the revision to the State Implementation an (SIP) to

incorporate t 's proposed Rule. Intereste persons are

invited to atten and submit oral comments on the proposed

amendments. Sho Id individuals with a isability need an

accommodation i order to particip' te, contact Lynn

Wilbanks at the ad ss given below at (225) 219-3550.

Free parking is avail Ie across th street in the Galvez

parking garage when e parking ticket is validated by

department personnel at t hearin.

All interested persons re . vited to submit written

comments on the proposed ration. Persons commenting

should reference this propose regulation by AQ236. Such

comments must be received 0 ter than October 1,2003, at

4:30 p.m., and should be nt to ynn Wilbanks, Office of

Environmental Assessr nt, R ulation Development

Section, Box 4314, Bat Rouge, L 70821-4314 or to fax

(225) 219-3582 or by -mail to Iynm ldeq.org. Copies of

this proposed regular" n can be purchas d by contacting the

DEQ Public Recor s Center at (225) 2 -3168. Check or

money order is re ired in advance for eacH copy of AQ236.

This proposed egulation is available for i pection at the

following DE office locations from 8 a.m. u til 4:30 p.m.:

602 N. Fifth reet, Baton Rouge, LA 70802; I 3 Highway

546, West omoe, LA 71292; State Office Buil ing, 1525

Fairfield enue, Shreveport, LA 71101; 130 I Gadwall

Street, L e Charles, LA 70615; 201 Evans Road, lilding

4, Suite 420, New Orleans, LA 70123; III New enter

Drive, afayette, LA 70508; 104 Lococo Drive, Race nd,

LA 7 394 or on the Internet at http://www.deq.state.la.s/

pia ing/regs/index.htm.

1. ESTIMATED IMPLE

STATE OR LOCAL GOVERillvlE!'J7

There are no known im

state or local governmental u

II. ESTIMATED EFFECT ON RlA"i!Hl'.Th[l:;

OR LOCAL GOVERNtv

State government

be reduced by a v minimal amoun probably less than

$[ ,000, due to est" ated reductions of app ximately 70 to 80

tons per year th will result from the chang being made to

the rule. Prec' e numbers are not available.

ill ESTIMATE COSTS M'D/OR ECONOMIC B

DIRECTL AFFECTED PERSONS OR NONGOVE

GROUP (Smnmary)

It 's anticipated that this rule will affect about 20 facI . ies

tha emit between 25 and 50 tons per year of volatile orga

1681

0·U·0"(·3" , eO Louisiana Register Vol. 29, No. 08 August 20, 2003
Chapter 2.

may be requested from other federal, state, or local agencies

or other private entities.

A. Applicability. The owner or operator of the following

facilities shall submit annual emissions inventories to the

Office of Environmental Assessment, Environmental

Evaluation Division. The inventory shall include all air

pollutants for which a National Ambient Air Quality

Standard (NAAQS) has been issued and all NAAQS

precursor pollutants.

1. Any facility located in a nonattainment parish is

required to report if the facility emits or has the potential to

emit anyone or more of the following:

a. 10 tons per year (TPY) of volatile organIC

compounds (YOC);

b. 25 TPY of nitrogen oxides (NO,);

c. 100 TPY of carbon monoxide (CO), sulfur

dioxide (SOl), particulate matter of less than 10 microns

(PM10), or particulate matter of less than 2.5 microns

(PM2S); or

d. 10 TPY of lead (Pb).

2. Any facility located in a parish that adjoins a

nonattainment pa.rish is required to report if the facility emits

or has the potential to emit anyone or more of the following:

a. 50 TPY ofYOC;

b. 100 TPY ofNO" CO, SOl, PM10, or PMl .

s; or

c. 10 TPY ofPb.

3. Any facility located in an attainment parish is

required to report if the facility emits or has the potential to

emit anyone or more of the following:

a. 100 TPY of YOC, NO" CO, S02, PMlO, or

PM2.5; or

b. 10 TPY ofPh

4. Any facility in Louisia.na defined as a major

stationary source of hazardous air pollutants in Section

1I2(a)(I) of the Federal Clean Air Act (FCAA) or of toxic

air pollutants in LAC 33:IILChapter 51 is required to report.

5. Any facility in Louisiana that has a 40 CFR Part 70

(Title V) Operating Permit is required to report, regardless of

emissions limits.

6. No facility classes or categories are exempted.

B. Types ofInventories

I. Annual Emissions Statement. Facilities as identified

in Subsection A of this Section, shall submit an Annual

Emissions Statement (AES) for all criteria pollutants for

which a NAAQS has been issued and for NAAQS precursor

pollutants. Except as provided in Subparagraph B.2.d of this

Section, the AES shall consist of an inventory of actual

emissions and the allowable (pennitted) emissions limits of

VOC, NO" CO, SOz, Pb, PM1o, PM1.5, and ammonia, and an

annual Certification Statement in accordance with

Subparagraph B.5.a of this Section. The emissions inventory

may be an initial emissions inventory for facilities

submitting their first emissions inventory, or an annual

emissions inventory update for facilities which have

previously submitted an emissions inventory. Actual

emissions shall be reported for all SOluces of emissions at a

facility, including fugitive emissions, flash gas emi~sions,

insignificant sources, and excess emissions occurring during

maintenance, start-ups, shutdowns, upsets,and downtime.

For purposes of this Section, the [elm actual emissions is the

calculation or estimate of the actual emissions of a pollutant,

in accordance with Subsection C of this Section, for the

Title 33

ENVIRONMENTAL QUALITY

Part Ill. Air

Rules and Regulations for the Fee System

of the Air Quality Control Programs

§211. Methodology

A.-B.13.e.

14. Air Toxics Annual Emissions Fees based on actual

annual emissions that occurred during the previous calendar

year shall be assessed On major stationary sources of toxic

air pollutants that are subject to the requirements at LAC

33 :III. 5 109, including facilities granted approval through the

permitting process.

15.-15.b.

AUTHORlTY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORlCAL 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

14:611 (September (988), amended by the Office of Air Quality

and Radiation Protection, Air Quality Division, LR 17: 1205

(December (991),LR 18:706 (July 1992), LR 19:1419 (November

(993), amended by the Office of Management and Finance, Fiscal

Services Division, LR 22:17 (January 1996), amended by the

Office of Environmental Assessment, Environmental Planning

Division, LR 26:264 (February 2000), LR 26:2444 (November

2000), LR 29:

Chapter 9. General Regulations on Control of

Emissions and Emissions Standards

§918. Recordkeeping and Annual Reporting

A. Data for emissions reports shall be collected annually.

These reports are to be submitted to the Office of

Environmental, AsseSSment,. ,Elrt.iF9DP1',:.r:t~L,ci~ya,luation

Division by March 31 of each year (for the period January 1

to December 31 of the previous year) unless otherwise

directed by the department. The report shall include all data

applicable to the emissions source or sources as required

under LAC 33 :III.919.

AUTHORlTY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORlCAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Nuclear Energy,

Air Quality Division, LR \3:741 (December (987), amended by the

Office of Air Quality and Radiation Protection, Air Quality

Division, LR 22:339 (May 1996), amended by the Office of

Environmental Assessment, Environmental Planning Division, LR

26:2450 (November 2000), LR 29:

§919. Emissions Inventory

Emissions inventory data shall .be submitted to the

department on magnetic media in the fonnat specified by the

Office of Environmental Assessment, Environmental

Evaluation Division. Facilities are defined as all emissions

points under conunon control on contiguous property.

Emissions point is defined as the source of emissions that

should have a Source Classification Code (SCC). Detailed

instructions are provided, on an annual basis, for completing

and submitting emissions inventories. The state point Source

emissions inventory will be compiled from the emissions

inventories submitted in accordance with this Section from

the facilities that meet the criteria for applicability in

Subsection A of this Section. The state area source, non-road

and on-road mobile source, and biogenic emissions

inventories are compiled by the department from data that

Louisiana Register Vol. 29, No. 08 August 20, 2003 1682U.iI..i~ f'· {' ".

'U tJ LJ D ':J:
calendar year or other period of time if requested by the

department. Excess emissions are defined as emissions

quantities greater than normal operations. Where there is an

enforceable document, such as a permit, that establishes

allowable levels, the AES shall include the allowable

emissions level as identified in the permit Maximum

Allowable Emissions Rate Table and the allowable tons per

year.

2. Statewide Annual Emissions Inventory Update.

After the initial submittal of an emissions inventory facilities

as identified in Subsection A of this Section shall comply

with the following requirements.

a. An update to the emissions inventory is required

if there is a significant change in the values currently in the

emissions reporting system for operating conditions

including start-ups, shutdowns, or process changes at the

source that results in an increase or reduction in annual

emissions of an individual pollutant: YOC, NO" CO, S02,

Pb, PMlO , PM 2.5, or ammonia. YOCs that are also toxic air

pollutants shall be considered for the purpose of determining

significant change. A significant change is defined as the

lesser of the following:

I. a 5 percent increase or decrease in the total

potential or actual emissions from the facility;

ii. a 50 ton per year increase or decrease in the

total potential or actual emissions from the facility; or

iii. a 10 ton per year increase or decrease in the

potential or actual emissions from any single emissions point

(stack, vent, or fugitive).

b. An update to the emissions inventory is required

if there is a cessation of all production processes and

;lelmination of operations at the facility.

. . c: An update to the minimum data submitted in

accordance with Paragraph B.5 of this Section is required if

there is any change.

d. Unless an update is required in accordance with

Subparagraph B.2.a, b, or c of this Section, then only the

Certification Statement is required for the annual submittal.

3. Ozone Nonattainment Area Requirement. Facilities

in ozone nonattainment areas that meet the applicability in

Paragraph A.l of this Section shall submit an annual

inventory. In addition to the minimum data requirements of

Paragraph B.5 of this Section, the inventory shall consist of

actual, annual emissions and typical weekday emissions that

occur during the three-month period of greatest or most

frequent ozone exceedances. Typical weekday emissions are

defined as an average daily emissions rate that is calculated

for each week of the three-month period of greatest or most

frequent ozone exceedances. The department will indicate in

the annual instructions which three-month period has the

greatest or most frequent ozone exceedances in each ozone

nonattainment area.

4. Special Inventories. Upon request by the

administrative authority, any facility subject to any Rule of

the Environmental Quality regulations, LAC Title 33, shall

file additional emissions data with the department. The

request shall specify a reasonable time for response, which

shall not be less than 60 days from receipt of the request.

5. .Minimum Data Requirements. The minimum data

requirements for the emissions inventory are listed below.

Operating and process rate information are provided for

information only, and do not constitute pennit limits.

Submi ttal of a report of excess emiSSIOns above allowable

limits under this regulation does not pre-empt the need for

compliance with LAC 33:III.Chapter 5 that requires a permit

request to initiate or increase emissions, nor does it qualify

as a notice of excess emissions. Format and submittal

requirements will be published annually by the department.

Any new or modified data requirements will be included in

the annual requests for updates. Any substantive changes

will be established in accordance with the Administrative

Procedure Act. Except for the annual Certification

Statement, the minimum data requirements apply to initial

submittals only. Data requirements for updates require that

only those data elements that have changed be submitted.

a. Certification Statement. .A Certification

Statement, required by Section 182(a)(3)(B) of the FCAA,

shall be signed by a responsible company official as defined

in LAC 33:III.502 and shall accompany each emissions

inventory to attest that the information contained in the

inventory is true and accurate to the best knowledge of the

certifying official. The Certification Statement shall include

the full name, title, signature, date of signature, and

telephone number of the certifying official.

. b. Facility Identification Information. The facility

identification information shall include:

i. full name, physical location, and mailing

address of facility;

ii. UTM horizontal and vertical coordinates of the

facility's front gate and of each emissions point; and

iii. SIC code(s).

c. Operating Information. The operating

infonnation shall include:

i. percentageannuaHhroughpl!.lI by season. The

four seasons will represent one calendar year. The first

season, winter, will represent January, February, and

December of the reporting year; spring will be March-May;

summer will be June-August; and fall will be SeptemberNovember;

II. days per week during the normal operating

schedule;

111. hours per day during the normal operating

schedule; and

IV. weeks per year during the normal operating

schedule.

d. Process Rate Data. The process rate data shall

include:

i. annual process rate (annual throughput). The

SCC prescribes the units to be used with each SCC for

annual fueVprocess rate reporting;

ii. in nonattainment parishes, peak ozone season

daily process rate. The SCC prescribes the units to be used

with each SCC for peak ozone season daily process rate

reporting. Peak ozone season daily process rate is an

average of emissions from a daily operation during the peak

ozone season months; and

iii. annual average heat, ash, and sulfur content

and design capacity, where applicable.

e. Control Equipment Information. The control

equipment infonnation shall include:

I. current primary and secondary control

equipment; and

II. current control equipment efficiency (percent).

The actual efficiency should reflect the total control

1683

OOnnEs

Louisiana Register Vol. 29, No. 08 August 20, 2003
efficiency from all control equipment and include downtime

and maintenance degradation. If the actual control efficiency

is unavailable, the design efficiency or the control efficiency

limit imposed by a permit shall be used.

f. Emissions Information. The emissions

information shall include:

I. estimated actual criteria pollutant and precursor

emissions at the emissions point level, in tons per year, if

applicable, for an annual emissions rate and pounds per day

for a typical ozone season day. Actual emissions estimates

must include all emissions, i.e., upsets, downtime, fugitive

emissions, and insignificant sources;

ii. permitted criteria pollutant and precursor

emissions at the emissions point level in tons per year and in

pounds per hour;

iii. estimated emissions method;

iv. calendar year for the emissions; and

v. emissions factor (if emissions were calculated

using an emissions factor).

g. Stack Parameters. The stack parameters shall

include:

I. stack height;

11. stack diameter;

111. exit gas temperature;

lV. exit gas velocity; and

v. exit gas flow rate.

C. Calculations. Actual measurement with continuous

emissions monitoring systems (CEMS) or approved stack

testing is the desired method of calculating emissions from

an emissions point. In lieu of CEMS data, emissions shall be

calculated using the best available information. Sources of

emissions factors include the Compilation ..o1Ji~jrP0UlltiQn,",

Emission Factors (AP-42), calculations published in

Engineering Journals, or other EPA or department-approved

estimation methodologies. In the event the emissions factors

used to calculate emissions from a point source are

inconsistent with factors used to establish permitted

emissions, the facility shall include documentation of the

inconsistency with the annual inventory report.

D. Reporting Requirements. The annual emissions

inventory shall be submitted to the department no later than

March 31 for the previous calendar year unless otherwise

directed.

E. Enforcement. The department reserves the right to

initiate formal enforcement actions, under R.S. 30:2025, for

failure to submit emissions inventories as required in this

Section. .

F. Fees. The annual emissions inventory will be used to

assess the criteria pollutant annual fee as per LAC

33:IIl.223. "

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), repealed and

repromulgated by the Office of Air Quality and Radiation

Protection, Air Quality Division, LR 19: 184 (February 1993),

repromulgated LR 19:485 (April 1993), amended LR 19:1418

(November 1993), LR 20: 1101 (October 1994), LR 22:339 (May

1996), amended by the Office of Environmental Assessment,

Environmental Planning Division, LR 26:2450 (November 2000),

LR29:

Louisiana Register Vol. 29, No. 08 August 20, 2003

Chapter 51. Comprehensive Toxic Air Pollutant

Emission Control Program

Subchapter A. Applicability, Definitions, and General

Provisions

§5107. Reporting Requirements, Availability of

Information, and Public Notice Provisions

A. Annual Emissions Reporting. The owner or operator

of any stationary source that emits any toxic air pollutant

listed in Table 51.1 or Table 51.3 shall submit a completed

annual emissions report to the Office of Environmental

Assessment, Environmental Evaluation Division ina format

specified by the department. The owner or operator shall

identify on the emissions report the quantity of emissions in

the previous calendar year for any such toxic air pollutant

emitted.

I.

2. Subsequent Annual Emissions Reports. After the

initial annual emissions report, the owner or operator of any

stationary source subject to the requirements in Subsection A

of this Section shall submit a completed annual emissions

report to the Office of Environmental Assessment,

Environmental Evaluation Division on or before July 1 of

each year. Each subsequent report shall identify the quantity

of emissions of all toxic air pollutants listed in Table 51.1 or

Table 51.3.

3. Initial and subsequent annual emissions reports and

revisions to any emissions report shall include a certification

statement to attest that the information contained in the

emissions report is true, accurate, and complete, and signed

by a responsible official, as defined in LAC 33:111.502. The

certification statement shall include the full name of the

responsible official, title,signature,.date of signature, and

phone number of the responsible official. The certification

statement shall read:

"I certify, under penalty of perjury, that the emissions

data provided is accurate to the best of my knowledge,

information, and belief, and I understand that

submitting false or misleading information will expose

me to prosecution under state regulations."

B. - D.2....

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2060 and R.S. 30:200 I et seq.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Radiation

Protection, Air Quality Division, LR 17: 1204 (December 1991),

amended LR 18:1363 (December 1992), LR 19:890 (July 1993),

amended by the Office of the Secretary, LR 19: 1022 (August

1993), repromulgated LR 19:1142 (September 1993), amended by

the Office of Air Quality and Radiation Protection, Air Quality

Division, LR 23:58 (January 1997), LR 24: 1276 (July 1998),

amended by the Office of Environmental Assessment,

Environmental Planning Division, LR 26:2004 (September 2000),

LR 26:2460 (November 2000), LR 29:

A public hearing will be held on September 24, 2003, at

I :30 p.m. in the Galvez Building, Room CIII, 602 North

Fifth Street, Baton Rouge, LA 70802. The hearing will also

be for the revision to the State Implementation Plan (SIP) to

incorporate this proposed Rule. Interested persons are

invited to attend and submit oral comments on the proposed

amendments. Should individuals with a disability need an

accommodation in order to participate" contact Lynn

Wilbanks at the address given below or at (225) 219-3550.

Free parking is available across the street in the Galvez

1684

O0

- i"" I' "6 ~j t; CI
NOTICE OF INTENT

Nonattainment New eview Procedures

(LAC :IlI.504)(AJ35)

sec etary gives notice that rulemaking procedures have be

initl ted to amend the Air regulations, LAC 33:III.504 (L g

#AQ 35).

The purpose of the Rule change is to clarify the int mal

offset alio tbat facilities must meet in serious and vere

ozone n naltainment areas. The Baton Rouge Nonatta' lment

Area is eing reclassified from serious to severe as result

of failure to reach ozone attainment levels as man ated by

the Clean ir Act. This action is being mandated the US

EPA. The asis and rationale for this Rule are 0 comply

with the pro isions of the Clean Air Act Amendm nls.

This prop ed Rule meets an exception Ii ed in R.S.

30:2019(D)(2 and R.S. 49:953(G)(3); therefofe, no report

regarding env' nmentaIlhealth benefits and s bal/economic

costs is require . This proposed Rule has no known impact

on family formaCon, stability, and autonom as described in

R.S.49:972.Tille 3

ENV ONMENTAL QUA

Part III. Air

Chapter 5. Per it Procedures

§504. Nonattainm ntNew Source eview Procedures

A. -A.5.

6. For applicatio s deemed a inistratively complete

in accordance with LA 33 :IlI.519. on or after December

20, 2001 and prior to Ju e 23, 20 ,the provisions of this

Section governing seriou ozone onattainment areas shall

apply to VOC and NO, in rease . For applications deemed

administratively complete in accordance with LAC

33:IlI.5l9.A on or after June 23 2003, the provisions of this

Section governing severe oz e nonattainment areas shall

apply to VOC and NO, increa s.

B - D.2.

3. Notwithstanding P rag ph D.2 of this Section, in

tbe case of any major sta ona source located in an area

classified as serious or se ere, if t owner or operator of the

source elects to offset th emissio increase by a reduction

in emissions of VOC 0 NO" as s cified in Paragraph Fl

of this Section, from ther operati ns, units, or activities

within the source at a internal offset atio of at least lAO to

1 (if reviewed under equirements for erious areas) or 1.50

to 1 (if reviewed u er requirements Ii severe areas), then

the requirements fo LAER shall not app .

DA. - Table 1." M lo".

AUTHORJTY TE: Promulgated with R.S.

30:2054.

HISTORJCA OTE: Promulgated

Environmental uality, Office of Air Quali and Radiation

Protection, Ai Quality Division, LR 19:176 ( ebruary 1993),

repromulgate LR 19:486 (April 1993), amend LR 19:1420

(November 993), LR 21:1332 (December 199 , LR 23:197

(Februal)' 997), amended by the Office of vironmental

Assessmen, Environmental Planning Division, R 26:2445

(Novemb 2000), LR 27:2225 (December 2001), LR 2

A pu ic hearing will be held on Seplember 2

1:30 p. . in the Galvez Building, Room C 111, 60 N. Fifth

Street aton Rouge, LA 70802. The hearing will al be for

the [vision to the State Implementation Plan ( IP) to

inco orate this proposed Rule. Interested perso s are

inv' ed to attend and submit oral comments on the pro osed

a endments. Should individuals with a disability nee an

a commodation in order to participate, contact L. nn

iIbanks at the address given below or at (225) 219-35. O.

ree parking is available across the street in the Galv -

Robert E. Hosse

General Government Section Director

Legislative Fiscal Office

James H. Brent, Ph.D.

Assistant SecretaI)'

0308#066

parking garage when the parking ticket is validated by

department persolmel at the hearing.

All interested persons are invited to submit written

comments on the proposed regulation. Persons commenting

should reference this proposed regulation by AQ220. Such

comments must be received no later than October 1,2003, at

4:30 p.m., and should be sent to Lynn Wilbanks, Office of

Environmental Assessment, Regulation Development

Section, Box 4314, Baton Rouge, LA 70821-4314 or to fax

(225) 219-3582 or bye-mail to Iynnw@ldeq.org. Copies of

this proposed Regulation can be purchased by contacting the

DEQ Public Records Center at (225) 219-3168. Check or

money order is required in advance for each copy of AQ220.

This proposed Regulation is available for inspection at the

following DEQ office locations from 8 a.m. until 4:30 p.m.:

602 North Fifth Street, Baton Rouge, LA 70802; 1823

Highway 546, West Monroe, LA 71292; State Office

Building, 1525 Fairfield Avenue, Shreveport, LA 71101;

1301 Gadwall Street, Lake Charles, LA 70615; 201 Evans

Road, Building 4, Suite 420, New Orleans, LA 70123; III

New Center Drive, Lafayette, LA 70508; 104 Lococo Drive,

Raceland, LA 70394 or on the Internet at

http://www.deq.state.la.us/planninglregslindex.htm.

James H. Brent, Ph.D.

Assistant Secretary

Departm t of Environment' Quality

Office of E 'ron mental ssessment

Environment Pia mg Division

FISCAL AND ECONOMIC IMPACT STATEMENT

FOR ADMINISTRATIVE RULES

RULE TITLE: Emissions Inventory, Toxies Emissions

Reporting, and Related Fee Methodology

1. "ESTllYL&.TED INfPLEtv1.brITATION COSTS (SAVINGS) TO

STATE ORLOCAL GOVERNMENT UNITS (Summary)

There will be no costs or savings to state or local

governmental units as a result of this Rule.

II. ESTIMATED EFFECf ON REVENUE COLLECTIONS OF STATE

ORLOCAL GOVERNMENTAL UNITS (SummaI)')

No effects on revenue collections of state or local

governmental units are anticipated.

III. ESTIMAThl) COSTS AND/OR ECONOMJC BENEFITS TO

DIRECfLY AFFECfED PERSONS OR NONGOVERNMENTAL

GROUPS (Summai)')

No costs to directly affected persons or non-governmental

groups are expected.

IV ESTIMATED EFFECf ON COMPETITION AND EMPLOThIENT

(Sumffial)')

No effect on competition or employrnent is anticipated.

Under the at ority of the Environmen Quality Act,

R.S. 30:200 et seq., and in accordance with t rovisions

of the Ad inistrative Procedure Act, R.S. 49:950 e eq., the

Louisiana Register Vol. 29, No. 08 August 20, 2003
AQ225
appropn e water quality criteria according to e procedure

in the dep tment's current Water Qua' Management

Plan/Continuin Planning Process.

D. - IA. ...

AUTHORITY NOT -. Promulga Cl in accordance with R.S.

30:2074(B)( 1).

HISTORICAL NOTE: ulgated by the Department of

Environmental Quality, Water Resources, LR 10:746

(October 1984), amen LR 15:73 September 1989), LR 17264

(March (991), L 7:966 (October 91), LR 20:883 (August

(994),' amende by the Office of En . onmental Assessment,

Environmen Planning Division, LR 26:2)

LR 29:5 - (April 2003).

0304#059

RULE

James H. Brent, Ph.D.

Assistant Secretary

Department of Environmental Quality

Oflice of Environmental Assessment

Environmental Planning Division

Stage II Vapor Recovery Systems

(LAC 33 :IIl.2132)(AQ225)

Under tbe 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:IIl.2132

(Log #AQ225).

This Rule allows the continued use of the current Stage II

vapor recovery systems certified under California Air

Resources Board (CARB) certification procedures .effective

on or before March 31, 200 I. Stage II vapor recovery system

requirements are applicable to motor vehicle fuel dispensing

facilities in the parishes of Ascension, East Baton Rouge,

IberviIle, Livingston, Pointe Coupee, and West Baton

Rouge. Louisiana and other states based their vapor recovery

programs on the requirements of CARB. CARB recently

approved changes to its standards, which affect the

installation and operation of CARB-certifled systems in

Louisiana and other states. The EPA has recommended that a

state not changing its standard to meet CARB's revised

standards reference in its regulations that certification is

based on CARB certiilcation procedures effective on or

before March 31, 2001. This revision complies with that

recommendation. This Rule is also a revision to the

Louisiana State Implementation Plan (SIP) for air quality.

The basis and rationale for this Rule are continued

compliance with the Clean Air Act requirements for the

Baton Rouge area for protection of air quality.

This Rule meets an ex.ception listed in R.S. 30:2019.D.(2)

and RS. 49:953.G.(3); therefore, no report regarding

environmentalJbealtb benefits and social/economic costs is

required. This Rule has no known impact on family

formation, stability, and autonomy as described in RS.

49:972.

LA'\= 33 :IX. I I09.C contains excepted use categories pf

water bodies, including naturally dystrophic waters. EPA ~as

encour~ged the department. to adopt criteria associated ith

the exc~pted use categones. The department has een

oatherin data on a site-specific basis to support appr priate b '" criteria cH lOges 00 oaturally dystrophic waters that protect

the contact ecreation and fish and wildlife propag lon uses

on tbese wa ers. The department now has enough ata from

site,-specdic Use Attainability Analyses co· ucted in

accordance w th state and federal regulations to support the

adoption of an updated and consiste scientific

methodology which to set appropriat criteria for

naturally dystro hic waters. Adoption of thO methodology

will streamline the time-consuming U e Attainability

Analysis process" he department current uses to adjust

criteria and contin e to protect the cont ct recreation and

fish and wildlife ropagation uses 0 these waters as

required by the Clea. Water Act. The b is and rationale for

this Rule and Water uality Manage ent Plan/Continuing

Planning Process revisl ns are to stre lline the procedure to

evaluate naturally dy rophic wat rs while maintaining

scientific validity.

This Rule meets an exc ption Ii ed in R.S. 30:2019 .D.(2)

and RS. 49:953.G.(3); herefi re, no report regarding

environmentallhealth bene ts a d social/economic costs is

required. This Rule has 0 known impact on family

formation, stability, and au nomy as described in R.S.

49:972.

Naturally Dystrop c

with organic materia and which are I

because of naturai nditions.

* * * AUTHORITY N TE: Promulgated

30:2074(B)( I).

HISTORICAL OTE: Promulgated by e Department of

Environmental uality, Office of Water Res urces, LR 10:745

(October 1984 amended LR 15 :738 (Septembe (989), LR 17:264

(March 199]) LR 20:883 (August 1994), amende by the Office of

Environmen I Assessment, Environmental Planm g Division, LR

25 :240 1 ( cember (999), LR 26:2545 (Nove er 2000), LR

29:557 (A nI2003).

§1l09. oliey

Wate quality standards policies concerne

protec on and enhancement of water quality in t state are

discu sed in this Section. Policy statem nts on

anti egradation, water use, water body exception c, egories,

co pliance schedules and variances, short-term ctivity

aL' horization, errors, severability, revisions to standar s, and

S' mple collection and analytical procedures are describ d..

A. - C.2.d. '" .

3. Naturally Dystrophic Waters. Naturally dyslro hie

waters are defined in LAC 33 :lX.II 05. Water bodies shall

be designated as naturally dystrophiJ:: waters and assigned

Louisiana Register Vol. 29, No. 04 April 20, 2003
Title 33

ENVIRONMENTAL QUALITY

Part Ill. Air

Chapter 21. Control of Emission of Organic

Compounds

Subchapter F. Gllsoline Handling

§2lJ2. Stllge 11 Vllpor Recovery Systems for Control of

Vehicle Refueling Emissions at Gllsoline

Dispensing Facilities

A. Definitions. Terms used in this Section are defined in

LAC 33 :lll.lli of these regulations with the exception of

those terms specifically defined as follows:

* * *

Stage 11 Vapor Recovery System a gasoline vapor

recovery system that is CARB-approved on or before March

31, 200 I; or equivalent, and recovers vapors during the

refueling of motor vehicles.

B. - BA.d. ...

5. No owner or operator as described in Paragraphs.

B.l, 2, and 3 of this Section shall cause or allow the

dispensing of motor vehicle fuel at any time unless all fuel

dispensing operations are equipped with and utilize a Stage

n vapor recovery system certified by CARB on or before

March 31, 2001, that is properly installed and operated in

accordance with the corresponding CARB executive order.

The vapor recovery equipment must also be installed and

operated within the guidelines of the National Fire

Protection Association (NFPA) 30. The vapor recovery

equipment utilized shall be certified by CARE or equivalent

certification authority approved by the administrative

'authority* to attain a minimum of 95 percent gasoline vapor

control efticiency. This certified equipment shall have

coaxial hoses and shall not contain remote check valves. In

addition, only CARB or equivalent approved aftermarket

parts and CARE or equivalent approved rebuilt parts shall be

used for installation or replacement use. CARS certified

enhanced vapor recovery systems and/or individual parts are

approvable by tbe administrative authority* as equivalent

alternatives.

B.6. - D.l.b.iii....

2. The test methods used are contained in the

Environmental Protection Agency document entitled,

"Technical Guidance Stage n Vapor Recovery Systems for

Control of Vehicle Refueling Emissions at Gasoline

Dispensing Facilities, EPA-450-3-91-022b" and the CARB.

Stationary Source Test Methods, '(olume 2, April 12, 1996.

D.3. - GA. ...

5. department inspection records;

G.6. - H.I ...,

a. notices of corrected violations;

b. compliance orders;

H.l.c. -1. ...

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORJCALNOTE: Promulga'ted by the Department of

Environmental Quality, Office of Air Quality and Radiation

Protection, Air Quality Division, LR 18:1254 (November 1992),

repromulgated LR 19:46 (January 1993), arilended LR 23 :1682

(December 1997), LR 24:25 (January 1998), amended by the

Louisiana Register Vol. 29, No. 04 April 20, 2003

Office of Environmental Assessment, Environmental Planning

Division, LR 26:2453 (November 2000), LR 29:558 (April 2003).

James H. Brent, Ph.D.

Assistant Secretary

0304#058

RULE

Office of the Governor

Board of Architectural EXllminers

Under the aut ority of the Architects Lice ing Law, R.S.

37:141 et seq., and in accordance wit the Louisiana

Administrative P cedure Act, R.S. 49: 50 et seq., the

Louisiana State ard of Architectur I Examiners has

amended its rules co tained in LAC 46: .Chapters 1-21.

The amendments a e primarily hou keeping revisions of

existing board rules i tended to br' the rules up to date.

The amendments rest ucture and renumber the existing

board rules, while rep ling oth sections. By virtue of

these amendments, the ollowin sections of the existing

board ntles are being enum ered: §§40 1-415 become

§§501-515; §501 becomes 70 ; §507 becomes §703; §511

becomes §705; §§701-703 e orne §§901-903; §§901-905

become §§1101-ll05; §§ll -1123 become §§1301-1321;

§§ 1301-1335 become §§ 15 -1533; §§ [501-1505 become

§§1701-1705; §§1701-1703 borne §§1901-1903; §§1901-

1919 become §§2101-2 9, nd .§§2101-2103 become

§§2301-§2303. The foll0 ing se'tions of the existing board

ntles are being repealed' §503, § -OS, §509, §703.B and C,

§705 and §1333.

Title 46

. PROFESSlOl AL AND 0 UPATIONAL

STANDARD

art 1. Architec s

Chapter 1. Ge eraJ Provisions

§lO1. AuthO~rl A. Under the uthority of R.S. 37: 1 4 and in accordance

with the provisi ns of R.S. 49:950 et. seq., the Board of

Architectural E miners adopted the foll wing.

AUTHORJTY OTE: Promulgated in a cordance with R.S.

37:144.

H1STORIC NOTE: Promulgated by t e Department of

Commerce, Bo rd of Architectural Examiners, I.: 10:737 (October

1984), repron ulgated by the Office of the G Yemor, Board of

Architectural xaminers LR 29:558 (April 2003).

§lOJ. R Ie Making Process

A. Th Louisiana State Board ofArchitec al Examiners

operates ursuant to these rules, adopted Ltnder the authority

ofR.S. 950, Title 37, Chapter 3 as amended.

B. or purposes of these rules, the term arc itect means

a pers n who is technically and legally qualifie to practice

archi ecture in Louisiana including a p fessional

arc tectural corporation certified by the board p suant to

the provisions of R.S. 12:1086 et seq., an arc itecturale ineering corporation certified by the board p suant to

t e provisions of R.S. 12: 1171 et seq., and a limite liability
..

Sent:

To:

Subject:

Monday, May 20, 2002 3:40 PM

'patsyd@deq.state.la.us'

PROPOSED RULE CHANGE AQ225 \dAY 2 1 2002

Patsy Deaville

Louisiana D.E.Q.

Regulation Development Section

Ms.Deaville

[) UrUEi\(I'. I'll

RElil: 1.:\nos Dt: vau!'.',II'ST SFt'"IIOS

I would like to make the following comments regarding the proposed rule #AQ225 relative to the

continued use of Stage II Vapor Recovery Systems CARS certified before March 31,2001. We

at Chevron Products Company are happy that we can continue to use the systems currently in

use at our facilities. However, we are concerned that in it's current form, the new rule proposal

might eliminate any future new systems or improved modifications to existing systems, since their

approval date would be later than March 31,2001. I don't think it's your agency's intention to

eliminate new and improved systems, therefore I would recommend that language be added or

changed to include future, new or modified CARB approved systems that meet the Louisiana

D.E.Q.'s requirements, and which are approved after March 31,2001.

Thank you for any consideration to these comments.

Byron L. Anderson

t

". '

Retail Environmental Safety and Health Specialist

Chevron Products Company

Operations Services

9150 W. Royal Lane Suite #170

Irving, TX 75063

Tel 972-621-6059 Fax 866-743-4029 Mobil 214-476-5809

800-536-1977 X-2294

U00070

.. ",' I
JUN-04-02 11,00 FROM,TOSCO TREASURY 10,6027285224 PAGE 2/~

Phillips 66 Company

A Division of Phillips Petroleum Company

P.O. Box 52085

Phoenix, AZ 85072-2085 RECEIVED

Patsy Deaville

Louisiana Department of Environmentat Quality

Regulation Development Section

BOX 82178 .

Baton Rouge, LA 70884-2178

VIA FACSIMILE: (225) 765-0389

JUN 4 2002

DEQiOEr\lEl'll

REGlI1.:\TIO~ OEVELOI'.\IE:-;T SEeTIO;>;

June 4, 2002

RE: Proposed Amendments to LouisianaAdministrative Code (LAC) 33:111.2132 (Log #AQ'225)

Dear Ms. Deaville:

Thank you for opportunity to provide comments on the proposed amendments to Louisiana Administrative

Code (LAC) 33:111.2132 (Log #AQ22S). Phillips 66 Company (Phillips 66) owns and operates 41 stations

under the CircJe K brand in Louisiana, to which these proposed regulations are applicable.

~hillips 66 agrees with the State's decision to allow the continued use of the current Stage II vapor recovery

systems certified under California Air Resources Board (CARB) certification procedures effective on or

before March 31,2001. This decision maintains protections to air quality, while avoiding costly equipment

replacement for the installation of equipment that has not yet been proven effective. Additionally, this

decision will all~viate problems aSsociated INith the Jack of equipment availability that have been experienced

in California over the past 14 months (during which time only 1 Stage I System has been certified).

Although Phi/lips66 does not believe CARB EVR equipment should be mandated for uSe, we do believe that

the option to use EVR equipment and replacement parts at new and existing stations would be beneficial.

Modifying the proposed regulation to allow the use of this equipment voluntarily will provide the following

benefits:

Provides flexibility to station operators for equipment purchase;

Prevents potential equipment supply shortages should equipment manufacturers discontinue the

production of certain equipment in future years; and .

WiH provide .the air quality benefits lor installation of this newly certified equipment by allowing the

installation CARB EVR components during routine parts replacement once proven effective.

Thank you once again for the opportunity to provide comments regarding this proposed regulation changes.

, .Phillips 66 believes that it is important to protect air quality and the environment while providing flexibility for

station operators to choose and utilize equipment that will meet their needs and minimize cost increases..

Please call me at 602-728-7080 if you have any questions regarding these comments.

Sjncere:;l~:::::::::::::::::.....

Michelle Wilson

Environmental Compliance Training Supervisor

Cc: Steve Belin, Southeast Compliance Manager

Bill Bunch, Engineering Project Supervisor

00G0'71
LOUISIANA MID-CONTINENT

OIL AND GAS ASSOCIATION

801 NORTH BOULEVARD, SUITE 201, BATON ROUGE,;"'.-ir-=rft';om-7~'crT--------,

TELEPHONE (225) 387-3205 FAX (225) 34-5502..-------------, E-MAIL Imoga@lmoga.com

JUN 4 2002

June 3, 2002

Ms. Patsy Deaville

Regulation Development Section

Department of Environmental Quality

Post Office Box 82178

Baton Rouge, Louisiana 70884-2178

Dear Ms. Deaville:

. DI'QiOI'A/EI'D

RE(i(lI.ATIO,'l Dt:VI'1.01'~II'NT SITIIOS

Re: Amendments to Section 2132

Stage II Vapor Recovery Rules

And SIP Revision

(Log #AQ-225)

The Louisiana Mid-Continent Oil and Gas Association appreciates the opportunity to submit the following

comments on the proposed amendments to the Amendments to Section 2132 Stage II Vapor Recovery

Rules ~md State Implementation Plan (SIP) revision which appeared in the April 20, 2002 Louisiana

Register (Log #AQ-225). Mid-Continent is an industry trade association which represents individuals and

companies who together produce, transport, refine and market crude oil, natural gas, petroleum products

and electric power in Louisiana. Several Mid-Continent member companies own and/or operate gasoline

service stations in the parishes covered by the rule.

Mid-Continent supports the Department's intent for the proposed action as stated in the Notice ofIntent for

the proposed rule. Mid-Continent, however, wants to ensure the proposal does not prohibit the use of

CARB Enhanced Vapor Recovery (EVR) approved systems and/or replacement components (e.g. nozzles,

hoses, etc.) certified after March 31, 2001. It is Mid-Continent's belief that manufacturers may eventually

phase out the manufacture ofsome "pre" March 31, 2001 certified components and that operators will have

no choice but to use the "newer" components. Mid-Continent believes the "newer" components will

perform on the "older" systems with equal, if not better, efficiency. 'While it appears the last sentence in

Subsection 2132.BA.d.5. allows the use of the "newer" components because no reference is included with

respect to the CARB approval date, this is not sufficiently clear in our opinion.

To ensure these concerns are addressed, Mid-Continent recommends the language III Subsection

2132.BA.d.5. be revised to read as follows:

"5. No owner or operator as described in Paragraphs B.l, 2, and 3 of this Section shall

cause or allow the dispensing of motor vehicle fuel at any time unless all fuel dispensing operations

are equipped with and utilize a Stage II vapor recovery system that is properly installed and

operated in accordance with the corresponding CARB executive order. The vapor recovery

equipment must also be installed and operated within the guidelines of the National Fire Protection

Association (NFPA) 30. The vapor recovery equipmen'[ utilized shall be approved by CARB or

equivalent certification authority approved by the administrative authority* to attain a minimum of

oour:'??
,; .

Ms. Patsy Deaville - Comments on AQ-225

June 3,2002

Page Two

95 percent gasoline vapor control efficiency. This approved equipment shall have coaxial hoses and'

shall not contain remote check valves. In addition, only CARE or equivalent approved aftermarket

parts and CARB or equivalent approved rebuilt parts shall be used for installation or replacement

use: For the purposes..of this section, vapor recovery systems and/or individual parts meetinab

CARE Enhanced Vapor Recovery (EVR) standards are approved by the administrative

authority*as "equivalent" altematives. .

The proposed changes are based on the following comments.

1. The proposed language "certified by CARE on or before March 31, 200 I" should be deleted since it

is redundant. The proposed amendment to the definition of "Stage II vapor recovery system" in

Subsection 2132.A. sufficiently includes this language.

2. The Department uses the terms "approved" and "certified" interchangeably throughout the

definition and rule. For clarity purposes, it is recommended that the word "certified" be replaced

with "approved" since the deflllition of "Stage II vapor recovery system "in Subsection 2132.A.

uses the term "approved". .

3. The proposed last sentence is added to clearly state that an operator at their discretion can install a

Cf\.RB EVR system and/or components and these are automatically approved as "equivalent" under

this section. As discussed earlier, this language also makes it clear that components approved under

CARE after March 31,200 1 can be installed in pre-March 31, 2001 systems.

Since the proposal (and also the existing rule language) requires equivalency to be approved by

Adrninistratorof the Environmental Protection Agency (or designee) and the Department, Mid-Continent

requests that the Department seek the CARE EVR equivalency determination from the EPA as part of the

SIP revision submitted tq EPA Region VI.

Once again, Mid-Continent supports the Departments intent of these amendments and appreciates the

opportunity to submit these comments. Mid-Continent is available to meet with the DEQ to discuss these

comments if necessary.

Very truly yours,

\L~L.t \.

Richard T. Metcalf

Health, Safety and Environmental

Affairs Coordinator
Sent:

To:

Subject:

Monday, May 20, 2002 3:40 PM

'patsyd@deq.state.la.us'

PROPOSED RULE CHANGE A0225 YAY 2 1 2002

Patsy Deaville

Louisiana D.E.O.

Regulation Development Section

Ms.Deaville

DU).U lOt\! E1'1J

f{f:(;lll.:\TlO~ Ilt:VI'I.OI·:.II;~T SU"IIOS

I would like to make the following comments regarding the proposed rule #A0225felative to the

continued use of Stage II Vapor Recovery Systems CARB certified before March 31,2001. We

at Chevron Products Company are happy that we can continue to use the systems currently in

use at our facilities. However, we are concerned that in it's current form. the new rule proposal

mighteliminate any future new systems or improved modifications to existing systems, since their

approval date would be later than March 31,2001. I don't think it's your agency's intention to

eliminate new and improved systems, therefore I would recommend that language be added or

changed to include future, new or modified CARB approved systems that meet the Louisiana

D.E.O.'s requirements, and which are approved after March 31, 2001.

Thank you for any consideration to these comments.

Byron L. Anderson , I·-

Retail Environmental Safety and Health Specialist

Chevron Products Company

Operations SeNices

9150 W. Royal Lane Suite #170

Irving, TX 75063

Tel 972-621-6059 Fax 866-743-4029 Mobil 214-476-5809

800-536-1977 X-2294

u..n. n f"j ~1 ,f

ill U 1.) { It
Page 1 of 3

AQ225 Summary

March 5, 2003

Comment Summary Response & Concise Statement- AQ225

Amendments to the Air Quality Regulations

Stage II Vapor Recovery Systems

LAC 33:111.2132

Concise Statement arguments:

FOR: [The reason supporting WHY the suggestion in the comment should be adopted by DEQ.

USl,Jally this is the commentor's perspective.]

AGAINST:

COMMENT 1:

[The reason WHY the department feels the suggestion should NOT be adopted.]

,- The proposed rule might prevent the development or use of any

future new systems or improved modifications to existing systems,

since their approval date would be later than March 31, 2001.

Include language that will accept future, new, or modified CARBapproved systems that meet DEQ's requirements which are

approved after March 31, 2001.

The department agrees with the comment; no arguments are necessary.

RESPONSE 1: - Technical amendments will be inserted for clarification.

;" .. ;-" ,I, ,"

COMMENT 2: - Commentor supports the intent of the proposed revisions.

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

RESPONSE 2:

COMMENT 3:

- The department appreciates the support.

32132.BA.d.5 - The intent of the regulation toallow the use of

newer parts than those certified by March 31, 2001, is unclear.

Revise the text:

[1] change "CARS certified" to Stage 1/;

[2] delete "certified by CARB on or before March 31, 2001," -

this is redundant because the condition appears in the definition;

[3] change "certified" to approved in the remaining two

instances -- approved appears in the definition of Stage 1/ vapor

recovery system); and

[4] add a final sentence reading For the purposes of this

section, vapor recovery systems and/or individual parts meeting

CARB Enhanced Vapor Recovery (EVR) standards are approved

by the administrative authority* as "equivalent" alternatives.

OUG075
Page 2 of 3

AQ225 Summary

March 5, 2003

The department agrees with the comment; no arguments are necessary.

RESPONSE 3:

COMMENT 4:

FOR:

AGAINST:

RESPONSE 4:

COMMENT 5:

- Technical amendments will be inserted for clarification.

- DEQ should seek the CARS EVR equivalency determination

from EPA as part of the SIP revision submitted to EPA Region 6.

To reduce as much VOC as possible reducing an ozone precursor,

DEQ should upgrade all Stage II vapor recovery systems to meet

the more stringent CARB EVR standards.

The analysis completed for the SIP revision submitted to EPA on

Dec 31, 2001 indicated that the Baton Rouge ozone nonattainment area was NOx limited in that further VOC emission

reductions did little to reduce ozone. A much more cost-effective

strategy was to leave past VOC emission reductions alone and

concentrate on NOx emissions reductions. DEQ analysis

indicates that the VOC emission reductions assumed with the·

current Stage II vapor recovery systems that meet the "old" CARS

standard are sufficient and that this will result in no additional costs

to facilities with this currc,it technology.

- To limit addition costs to facilities with Stage II vapor recovery

systems and to follow the most cost effective strategy discovered in

the latest SIP revision, DEQ will approve Stage II vapor recovery

systems that can meet the older CARS Standards as a minimum.

Improvements that can meetCARB EVR will also be approved.

- Modify the regulation to allow the use of EVR equipment and

replacement parts at new and existing [gasoline] stations. This will

provide flexibility, prevent equipment supply shortages, and provide

air quality benefits by allowing the installation of CARB EVR

components during routine parts replacement.

The department agrees with the comment; no arguments are necessary.

RESPONSE 5: - Technical amendments will be inserted for clarification.

000076
Page 1 of 1

AQ225 Key

March 5, 2003

Comment Summary Response & Concise Statement Key - AQ225

Amendments to the Air Quality Regulations

Stage II Vapor Recovery Systems

LAC 33: III.21 32

COMMENT # SUGGESTED BY

1 Byron Anderson / Chevron Products Co.

2 - 4 Richard Metcalf / LAMOGA

2, 5 Michelle Wilson / Phillips 66 Co.

0000'77
>

i

DEPARTMENT Or ENVIRONMENTAL QUALITY

STATE Or LOUISIANA

RULE TITLE:

LOG NO.

STAGE II VAPOR RECOVERY

SYSTEMS

AQ225

Report of Hearing held at The Maynard Ketcham

B u i 1 din g, Roo m 3 2,6 I J :-l 29 0 ",' B 1 II e bun ri e t B0 u 1 e va r d

Baton Rouge, Louisiana, May 28, 2002 at 1:30 p.m.

RECEIVED

JUN 1 1 2002

DEQiOEA/EPO

REGl1l.ATJON DEVEl.OPMENT SECTI()~

ASSOCIATED REPORTERS, INC. 000 0"7 8 RACHEL S. ~DRENEAU
2

STAGE II VAPOR RECOVERY SYSTEMS.

PUBLIC HEARING

officer this afternoon to receive comments

LOG NO. AQ225

My name is Sharon Parker.

I'll be serving as heBring

I'll ask that each person

It would be helpful to us if all oral

Good afternoon.

BY MS. PARKER:

MAY 28, 2002

Environmental Quality.

This public hearing provides a forum for

The comment p~iiod for these amendments

I'm employed with the Louisiana Department of

regarding proposed amendments to the Air Quality

began on April 20, 2002, when the notice of intent

was published in the Louisiana Register. The

writing.

andiazardous Waste regulations.

4:30 p,m. on June 4, 2002 for the Air Quality

28, 2002, for the Hazardous Waste amendment and

comment period will close at 4:30 p.m., today, May

amendment.

comments received today were followed up in

proposed changes.

all interested parties to present comments on the

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

ASSOCIATED REPORTERS, INC.

U·,. uuU n (~ n. "; 9

RACHEL S. LANDRENEAU
1 commenting begin by stating their name and

2 affiliation for the record.

3

3 The first amendment is designated by the

4 Log Number AQ225.

5 This proposed rule allows the continued

6 use of the current Stage II vapor recovery systems

7 certified under California Air Resources Board

8 (CARB) certification procedures effective on or

9 before March 31, 2001. Stage II vapor recovery

10 system requirements are applicable to motor vehicle

11 fuel dispensing facilities in the parishes of

12 Ascension, East Baton Rouge, Iberville, Livingston,

13 Pointe Coupee, and West Baton Rouge. Louisiana and

14 other states based their vapor recovery programs on

15 the requirements of CARB. CARB recently approved

16 changes to its standards, which affect the

17 installation and operation of CARB~certified

18 systems in Louisiana and other states. The EPA has

19 recommended that a state not changing its standard

20 to meet CARB's revised standards reference in its

21 regulations that certification is based on CARB

22 certification procedures effective on or before

23 March 31, 2001. This proposed revision complies

24 with that recommendation. This rule is also being

25 proposed as a revision to the Louisiana State

ASSOCIATED REPORTERS, INC.

iI ! \ /',,! Q /1 l, I J \ I \ i Ll

RACHEL S. LANDRENEAU
4

Louisiana.

Task Coordinator for the Louisiana Mid-Continent

transport, refine .and market crude oil, natural

Mid-Continent, however, wants to insure

Mid-Continent

My name is Richard

Mid-Continent is an

I am the Health Safety and Environmental

Good afternoon.

BY MR. METCALF:

Metcalf.

Oil and Gas Association.

individuals and companies who together produce,

industry trade association which represents

Comments will begin with Richard Metcalf.

Several Mid-Continent m'ember companies

gas, petroleum products and electric power in

Implementation Plan for air quality.

parishes covered by rule.

operate the gasoline service stations in the

Mid-Continent supports the Department's intent for

rules and State Implementation Plan revision which

appreciates the opportunity to comment on the

the proposed action as stated in the notice of

appeared in the April 20th Louisiana Register.

intent for the proposed rule.

enhanced vapor recovery approved systems and/or

the proposal does not prohibit the use of CARB

proposed amendment to the Stage II vapor recovery

1

2

3

4

S

6

7

8

9

10

11

12

13

14

lS

J

16

17

18

19

20

21

22

23

24

2S

ASSOCIATED REPORTERS, INC.

aUG U81

RACHEL S. LAN:q·RENEAU
1 replacement parts certified after March 31, 2001.

2 It is Mid-Continent's belief that manufacturers

3 will phase out the manufacture of pre-March 31,

4 2001, certified parts and that operators will have

5 no choice but to use the newer parts in older

5

6 systems. Mid-Continent believes the newer parts

7 will perform on the older systems with equal, if

8 not, better efficiency. Mid-Contin~nt will be

9 submitting written comments suggesting minor

10 language changes to address this concern.

11 Once again, Mid-Continent supports the

12 department's intent of these am~ndments and

13 . a p pre cia t e s' the 0 f.J tJ 0 r tun i t y to submit the s e

14 comments. Thank you.

lS BY MS. PARKER:

16 Does anyone else care to comment on this

1 7 reg u 1 at ion? If· not, the he a r i n g 0 n AQ 225 is

18 c lose d .

19 * * * * *

20

21

22

23

24

25

ASSOCIATED REPORTERS, INC. RACHEL S. LANDRENEAU
1

2

C E R T I F I CAT E

I, R a c he 1 S . La n d re n e au, aCe r t i fie d

6

3 Court Reporter in good st~nding with the State of

4 Louisiana, do hereby certify that the foregoing

S testimony was heard before the Honorable Sharon

6

7

Parker, Hearing Officer, on May 28,

Maynard Ketcham Building, Room 326,

2002 ,

7290

in the

8 Bluebonnet Boulevard, Baton Rouge, Louisiana;

9 that I did report the proceedings thereof; that

lOt he for ego i n 9 page s, n u m b e r 1 - 5, inc 1 u s i v e ,

11 constitute a true and correct transcript of the

12 proceedings.

14

lS

16

17

18

19

20

21

22

23

24

2S

I~~' •• ,·

RACHEL S. LANDRENEAU, CCR

LOUISIANA LICENSE NO. 97078

ASSOCIATED REPORTERS, INC.

nfl C ;~i -'If ,]

RACHEL S. LAND,RENEAU
19100876-000

LA DEPT OF ENVIRONMENTAL

18510463 - $41.00

Aprir l~;, 2002

Public

APR 2 3 2002

RECEIVED

APR 3 0 Lt<l2

ISlA DEQ'OEA/Ef'[) nF

Rr:Gl1I.ATIO,'i rJEVEI.OI',\IENT SITrm::: ,FINANCIAL SERVICES

STATE OFLO

Parish of Calcas

He/She is a duly authorized agent of

LAKE CHARLES AlVIERICAN PRESS

a newspaper published daily at 4900 Highway 90 East,

Lake Charles, Louisiana, 70615. (Mail address: P.O. Box 2893,

Lake Charles, LA 70602)

Duly~~- Authorized Agent

Before me,th~t~appeared

who being duly sworn, deposes and says:

The attached Notice was published in said newspaper in its issue(s)

dated:

Subscribed and sworn to before me this 19th day of April, 2002 at

Lake Charles, LA

S/:l-//tJ 02. ~oJ Affidavit of

CERTIFIED C.OPY

- "P.. public ~e';;ffi~'or NOTICE OF.Ir'lTEN,Ji,. .the'proposep ruleon.d

Deportment .<>.f Er1~- SIP revisIon will be "el.d . ronmental QualIty,'Q{- on May 28,'21102,'ot '1:30

fice of Env.lronmerrtO·1 p.m. In the ,MaYnard

Assessment.'Envlr!t'·- K'etcham;' Building.

m.ental PI!Jnning·ol\4'. Room,326, 7290 Blueban.

slim.. ' .. :.,' .... , ", net Boulevard...·Batbh .. Under the authority'of Rouge. LA 70810..·.:"lnfer-

·the Environmental ested- persons,are inv,i

Quality Act; R.S. 30:2oq1 ed to attend and subml etsea.~ and in occord- oral'comments"an In . ance with the provisiorjs proPosed amendments

of the Admini~trativa A.ttendees shouM repo , Procedure Act, R:'~ directly to the hearing

4.. 9..:9.50, e.t s. e. a .•.the..seC!... e-. ...'oc~t.iO.n..for. D.. E...Q..." iSil.~or.. tary gives notice thll.:l reglst~atlon. lnsteodqf

rulemaking procedures to the security'desk fh

have been initiated":fo the DEQ .HeadQuarfer,s

'amend the Air reguTa- building." Should' Ind

,·Iions, LAC 33:111.2132 viduals with a disobilit

'¥S09. '(~Gl215)J~iiji .':,' '. ~e.ed anaCCOmmodati

'··Thls'propased ruleal-~ ·In arde(.to. partlcipat~.

.. Iows the' conti·nued uS'e! contact.Patsy. OeavHf,e 0/ the current Stoge.,!1 at the address given.be.-

vapor recavery systerris .Iawor at (225) 765-0399,.

certified under Coli lor", . All interested persoClS

nia Air Resaur~es Bo~~~.ar~ invite.dto 'S:U0r:T,l.j,t

(CARB) certification' wr).tte·ncomffl~ntsop

procedures effective on' the"PrDpose'd ·r~glj'lo.

.or be/ore March 31. 20Q,/>;"!i ons." P "rso ri s rconi.'

Stage II. vapor recove'i¥,·m'entin9'·snoUldJefiq.·

system reauiremerlfs-rence::lh(s'pro/Jose reg".! are applicable to mol'Qr:,ldfianby ·AQ225;·'I.Sd.:t',

'vehicle .fuel dispenSI?lg'''commentsmust be 'r~.'

facilities Ii' the porlshf's! celv'e,d 'f'9 lcir~r;ttt'cxh af'Ascens!on,Eost Bel!rl.J une, ,.'4,."2002, "0 .\41'10, on Rouge. ,Ibervil/e, Li''l,·P,'T'.;·ond sho'uld ce.. 5e<i1

Ingsto'fl,' Painte Coupe~, "to ~o.tsl:Oe;:I\~i1le,:~~g¥:

and West Baton Roug\!;lallon D~velopment.S•.-f_

Louisiana ondoth~Jtlon"Boi< 8~n8, Bof~1

states .bas.ed their .vo.p.·.o.r 'ROUge;·.L.A. 7.0....884"2.175.-•..0f /' recOv~rY programs 'QR to·FAX.'(225P765'0389 ;or ·the r~qu\remenls.·:'lir by'';;vNe·moll:~':,:·::;t.o

C.~:RB.: CARB recen'tJ:y pat;;Yd@deq.state',la:..us.

oppr..oved changes to..Jts 'CoPles. '.Of this propo~e.dl· .tondords. which affect regutatlon can be pI".

the In.stollolior,'a'ndop_ chased 01 the ObOV.e ~J­

!'rllt.lon 0/ ,CA RB·cert/'- erencedoddress.o'··'CoO*- : fled sy~tems'ln Louls'i'1!. ta!=tthe:'Regulolio;,' 0#' na and orher states. T~e ·\lelopment Sectlan'fq,t

EPA has recommended '(215) 765-0399 for pricing

Ihoto state riot changln'g in/ormation.; Check or its stordord to meet money order Is required CARB'~ revised stand- .1n "odvonc'e for'.ea·,'h

ords referen'ce in. its reg~ copy'of AQ225. : ''':'';'''(l':

ulotlon. Ihat certifica···This proposed regu70.l

tlon Is based- arT CAR B Han Is available' lor frl.

certification procedures 'spection o~ the followflig ,e/fecll~e On or before .DEQ office'locCJtlarfs'

March 31;200T. ·.Thi. from 8 a.m. until 4::l'Q . proposed revision corn- p.m.: 7290 Bluebonnlit'

plies wi,th thaI reCOffi- Boulevard,:'· Foudh'

:mendollon,.This rule 'f Floar, BatOn Rouge, JAi

also being proposed dso 10810; 804 ThirtY- fl9ft

r.evlslon to Ihe Louisiorto Street,'. 'Monroe,;/~

State Implement'atlon 71203;. Stole' omj;,ie

Plan (SI P) for air auol,· Building, 1525 Falr/,~Id

ty. The basis and ration' Avenue. Shreveport, .t:."'A

o.le far,ln!s rule drecoQ;- 71101; :'..3519 Potrl)ijk

t,nued Compliance With Street, Lake Charle~,

the Clean AI'r Act ra~ LA 70605; 201 Evans

auirements for the Bot'· Road. Building 4, Suite on Rouge' area /or pro' 42,0. New Orleans, LA

,tecllonof airclUality,' '. 70123; 100 Asmo BaOt",

This proposed ruJe vord, Suite 151. Leifo,.,.,. meets an exceptjon lisr. ette. LA 70508; 104 Loc:Aed In R,S. 30:2019.D.(?j co Drive, Rac,eland,

and R.S. 49:953,G.(3~; 70394 Or an the Illtern,tl,l

therefore. no report 'j-~,- at http://\vww.deq.stot~

garding envlronmenlal/-'a.us/ planning/regs/In- health bene/its ond·~a. ·dex.htm;·,,:· ,j "."".. ,:,q.

,ciol/econom Ie costs.'.~''''cU .:' ;JamesH. Bre·nt.

requIred. "This prOPOsed ; "'::':-';';5-::" ":'..,1.' ,". ,~,ri\ ,Ph.D'.

rule has no known 1m. ''''-'''''Assl.tont·Secretar.)l.

pact on family forma. .Aprll 19 , ,;, 'Th,' ,'" r,· ,tttlon••tobllity, and,au- 1851046J.. ";, .' ..,&,

lo.nomy as described ln . ~,~:j9.: 972.' f',.·, '~

000084
, CER'rlFIED ' I 'COpy ~--a==~~~O~/~~---------=----~~cadianaIS Daily Newspaper

'11 b-2- 'I- [;V

THE ADVERTISER

221 JEFFERSON STREET

Lafayette, LA 70501

RECEIVED

APR 3 0 2002

DEQ/() I:A/FI' IJ

Rf'r, (II.:\T 10,"; D"iiI' U) j',\ll'STS H 'lIO"

PHONE: (3] 7) 2 89-6] 00

FA.X: (3]7) 289-6466

AFFIDAVIT OF PUBLICATION

DEPT. OF ENVIRONMENTAL QUALITY

REGULATION DEVELOPMENT SECTION

Lynn Wilbanks

P.O. BOX 82178

BATON ROUGE, LA 70884

Requisition No. N02-02-262

ACCOUNT NO.: L-DEQ

AD NUMBER: 07519888

AD TOTAL: $85.00

AD INCHES: 14

**IN ORDER to insure proper credit

please refer to your account number and/

or ad number when making payment,

I, ROSE PENFOLD, do solemnly swear that 1 am the LEGAL CLERK of THE ADVERTISER,

a newspaper printed and pUblished at Lafayette, in the Parish of Lafayette, State of Louisiana, and

that from my personal knowledge and reference to the files of said pUblication, theadvertisemerit of

AQ225 - STAGE II VAPOR RECOVERY SYSTEMS

was published in THE ADVERTISER on the following dates:

- W<*SUNDAYt APRIL 14, 2002

~ROSE . PENji'OLD .

Legal Clerk

! : \ I " , i" ,-<0 __._

Sworn to and subscribed before me this ~day of

AX~.~~J NOTARY PUBLIC

, 2002.

RECEIVED

APR 2 6 ZOOZ

DEQ·F1NANCHL SERV1CES

000U85
07519888 .;: NOTI.::e OF INTEI'lT I

Department of.\

Envirqnmental Quality

,,"Office 01. Ent'lronmental

Assessment

Environmental

P,[annl,n.9 Division

Under the authorIty

of the Environmental Quality Act, R.S. 30,2001 et seq., and In accordance wilh the provisions' of. the Ad' ministrative Prace~

dure Act, R.S .. 49:950 et seq., ··.the .secretary

· gives notice ttya.t rule- making ..... procedures have been in! tiated ta "amend'the Air regulations, LAC 33:111.11.31 (Log MQl15). .' ThiS proposed: rule al' .~. ".,

lows the conrlnued use of the current Stage II vapor,: recovery .. sys' terns. certified under

California Air Resources Board· (eA R B) 'certification ,proce~

dures. effecti\ie on or before March 31.1001. Stage. II vapor reeD"· ery:." ..system, .require- mentS' are applicable to molar . vehicle .fuel dispensing" facilities In

the pa"rishes of "Ascension. <{;'~East ,:·:,,;::..Bat~ln

· Rouge. :'·il.lberville, -f Uv·

· ingstan,: ~'Pointe '~COU4

"pee, ."a~d"..~,We5t '. Baton Rouge. '::·loulslana. ~and

-other ',~t'states f'~;'based

rheir "i, 'vapor .recovery

programs 'on ·the re-.

quirements ofCARB. ·CA R B",: recently ''''·ap· "'provedchanges to. Its :'standards, . which . af· fecr ., the Installation and operation, . at. CARB·certiflecl.'sys'

: terns fil louisiana and other st"te,. _The EPA .; has recommended that';- a :st:.~::, "i.0i: '"C:hon9:(j'~"~~

Its" ~,tandard' 70 \··,rn~d" ,\' CARB's revised stand- ..: ards .reference In"', Its '1

regulations that certlf.. ication·i:I.';s . based .:'~on ':r

CARB':, .certification procedures ... ,effective

., on or before March J1,

,.:.2001.' This proposed ': re\lisiorr compltes with

that recommendation. This rule Is also being

proposed asa r~vision

to the Louisiana Stare Implementation ·Plan (SI P) f.or. air quality. The basis and ration' a\e for this rule are

c~nHnued complianc.e ..wlth the Clean Air Act ., requirements ,for. the Baton ,Rouge ':area for

'. protecnon.;of air quali· "ty. ,I "'.'L,'. :...'t,~j\ ,~:~~ <,.}:.',_:~,;..,:,'

·This. propos'ed. rule

meets.-:'.~n "·,.. exception list'ed .-'( In'' .' R.S.

. JO:2019.o.(2) and R.S.

. 49:95l.G.(3), therefore,' no ;.report. regarding

en\l,ronmentallheal th ben.efits .~;:." .;. '", .. , and

soclall~conomic·'costs

'"J. is required..~: This pro- posed .rule· ... has no :>known Impact on- fami~

Iy formation, stability, ."an~ autonomy as de. ,,;.sCflbed.in R.S. 49:972,,' .. "1, A :"pUblic hearing on :~"-the proposed rule and " SI P revision will [", "~heldon'May 18, 1002: ,. at ..1:30 1. p.m. In the ': Ma.ynara ,".' 'Ketcham BUilding,' Room 31. 7190 Bluebonnet Boule: ... vard, "Bat~n . Rouge,

L~ 70B 10.... ", nterested persons are 'Invited to attend and submit oral ···comments on .the'·pro.

posed -.·.amendments

. Attendees ~should re: .. port directly" 'to "'the hearing '.'Iocatlon .•' for .0EQ .. vlsltorreg/stra.

tlan, Instead of to the ,..,curltv ·desk .. In,·the

tiEQ Headquarters

building. Should Indi·

viduals.witha disabili·1 ty need an accommo-- dation In 'order to par',:

ficipate, cantad Patsy

. Oeaville at the. ad· dress given below or

I at (125/-765·Ol99.

All interested per" sons are invited , to

submit wrilten com· ments on the proposed

~~~~~i~t7~g',~.,:~r:~~~~~ reference thIs pro- posed regula tion by

AQ215. Such com' menls~ must be re- ceived no later rhan

June 4, 1002, at 4:30 p.m.,' and should be sent 10 Patsy Oeavllle,

Regulation'· ;Develop'

men ('., ..;. Section, ···.•'·'.·.Box\ 82178, . 'Baton '.. ,. Rouge, I

LA 70884·2178 ·.·or ",to

FAX, (115) 7.5'0389. or by ··'ii.:,e·mail ·.....,j)o

p a tsyd@deq.state.la.u s.. Copies of this pro' pos~d ..regulation ,can be purchased ;,at ·.the

· above·, referenced :.'ad-

· dress. ;'Contact',' the Regulation .. Develop' ment 'Section at:ll251 705-0399. for prll'ing In· ... formation ..'., Chec~ ".or

_,~l money, ord~r.I~~Js ,'·<.~re~,·~

·Ql.:iired ,in advance 'Jqr~

each copy .of "'Q125..:,;;;~\i;;

·~;~~~i~~#f.~~~·~r.}~;~~~?~,: ·.tion Is available. for In·.··.. '. 'ispedion at the·.follow'.

'·rlng OEQ .0ffic;e·.::.I.oca-

-tVions ,from.8 a.m.~untll

;; 4:JO p.m.:;·:P290 Blue',

,;/'bonnet ~~~~;·'~Bo.ule\lardl'

·'i'Fourth'"Floor;.y'.Batan·

·'··Rouge,:·.. L'A'.. 70810;.·,.804

.Thirty-fi'rst"," c· .Street. ,',. Monroe, ':: LA 'C .71103; · State Office BUilding, 1515 Fairfield Avenue,

Shreveport. LA 71101;

· 3519. Patrick Street,

Lak,; Charles,. LA .-70605; 201 Evans Road,

::-.E:uilding 4,' Suite .410, "".New '. Orl~'V!S._, ' LA

'70113; '100 Asma Boule" vard, Suite 151. Lafay' .ette, LA 70508: 10. La' coco Drive, Raceland.

LA 7031/4 or on the In' ternet ," : .' at

. http://www.deq.state.1

a.us/.. p Ia nn Inglregs/l nde".h

t

m .' J~mes"H. Brent. Ph.D. Assistant Secretary

OOCU36
APR 1 5 Z002

DEQ.FINANCL<\LSERVICES

7!JYr~ NOtari mo;

My commission expires at my death.

LA. 70884-2231

Sworn to and subscribed before me this

P.O. BOX 82231

••••••• - ;'. ..,~:.>, ''''-.''1 ,::. ."".,. ;' , ': ..,..... - .

OFFICE OF Er'NlRON1"ti:::NTAL ASSESSMENT

BAroN ROUGE,

on the following dates__AP_R_I_L_1..:-2~,-=-20.:...:0:...::2,-- _

Was published in__THE~~T,.J.I.l"Jl'4E~S~P!:LI""Ci",,7\.lrJ.Y([t.JtlH:'lElb-------

Parish of Orleans

Personally appeared before me, a Notary in and for the

parish of Orleans, Robert J. Chiasson who deposes and

says that he is the Accounts Receivable Manager, of

The Times-Picayune Publishing Corporation, a Louisiana

Corporation, Publishers of The Times-Picayune, Daily

and Sunday, of general circulation; doing business in the

City of New Orleans and the State of Louisiana, and that

the attached

City of New Orleans

State of Louisiana

LEGAL NJTICE

RE: NOTICE OF INTENT' THE SECRETARY GIVES l'DI'ICE TIfAT Rl

MAKING PRCCEDURES HAVE BEEN INITIATED 'ID AMEND THE AIR

GULATIONS LAC 33:111.2132 (LOG#AQ225)

Aqvertisement of DEPT. OF ENVIRONMENTAL QUALITY

Thls- ;~'~~4~~ld r~Q'ui:elron "I ;a~~~~~: ~Edn~~n~~·C?~~~I'I~~~ 'rCMTI I •.m. until '~JO p.m..: 71?O 8Iu.l:Io"n.t 8oul.... ard, Fourth FloGr, 8alol1 Rouglr,-Or 701 H); 50.. Thlrty·tlnt Sireet, M~rtrQc.

LA 11203; SI!I. OHlc. BuUdinlJ. 1525 FairfIeld A~enu., Shrne· . port. LA 11101; ISI9 patrI<:k1

i~t·~,~~~, RC;:~~"8ul~,~~6Qt Sulle no, New Qrlun" LA 10113; lOa A'mOl 60uhlurd, Suit. lSI. Lllly.II., LA /QIQI; I~ Lococo O,i'1e, ~hceol ..nd. LA 10)7,( or on the Int..,.n.' .., hltg:1

~:n~';;ir~'.J1.io~~~i;'·1 I • U • It-_-'1=..=2:..t=h"- da y of

! J.at'Tle1 H. arenl. Ph.D. AuisJ.nl ~llilry .~~!.

r~~)~ rVE.I\IEW ORLEANS, LA 70125-1429

NOTICE?F IN~I

Department gI

Enlflronrnenlal Quam., Ottlce at E"",irOtlmeot~

Asuumffll I En'iiroomltfltat ..nniOa OI~ls.lon

Under 11'1. lulnorlt..,· of Ih. Erwl.. fORm.nl .. l· Quality A.;I.", lil.S. )0:2001 It seq., 'and In "ccllrd- anCIi 'with Ihe I'ro\llsloni. ai' the

Admlnh,fralfvl! P(ocedu'!I Act, R:S. n:950. et se-q., the secretary

qtVU nollce Ihal. rulema)ling

I'rocedures hawe been rnillaled 10 amend the, AI(.-.reQulalions

LAC 1J:1I1.11~4,,7;;;'4f1,a~~t1 . This. proposed fult allow·.s~lhe conllnued UU' of Ihe 'curren I Slaqe'lI upor rl!'CQ\ll!ry syslems

cerrlfied under California Air ResQ\Jrces Soard (CARS) cer~l­

'''allon procedure, 'e/fectlwe on

I

or b..tar. March 31, 2001. SlalOll! !I. upor (Ico,yet')'. "IIlem fl!.

qu{rll'menh 'art IIPpllciible'lo

'1J11l(:~J~n:~f~~~:~~~~~~~:C::

:t~.~~!I·i~~U~lii'j~:~;·IJP~~n~::~~~ , lu~,:l,Ud.I,W'Io,..~.aaIQnl·Rouoe

~CI~r sLig,'::}.•.I'l:~f·;~ I" '~~Jt.1 ei

qri"m?orf~:~Ir:ql~{~~1n~r~; CARB. CARES 'reCentlv approved . cnan'ilu 10 Us' )Iandard~, wnich aHl!d !hilf 1l1slallol.ian and operil- !Ion o(.'C;ARB·cerUUed ~Vllems tn LOUlJoIanii ilnd olher Itale, Tnt: EPA llu recommellded thaI a ~Iilh not chiinging ih

I ~t::dd",!~n~:r~e~~'~r~~c~'jn r~; "l!'9ulallon~ thai cerUticalion L' baUd on CARB ci!'rllf1catlon procedure, I!Hecljo.,'e on or be- rare- March Jl, 2001. Tni~ pr04 pO~l!d r.·.d~lon complies with Ihal recommend"tion. Thi, rule Is aho btofno lJropo,e-t;j u .II re~i.

,Ion 10 Ihe LiJui,fiina SI!I. Im4 ~ll!m~nlilllon Plan (SIP) for air

~·'I'~T; ~: ~;:I~c:,~I~U~lr~~~~ pU.nCll with In.. Clun Air Act (lQu(r.mlnh lor II... Baton Rouge are. to.- protection a1 air

"""I~""~:j.... .. J~~ rr~, ~~I~';ft~, ~R .et ] Q: lQ I ~·.O . ( 1 J I n d ·R S . <49:'JSJ.G.(J.); Ihflrefoft. no rePori ' reoardlng InvironmentallheaJl7l' ben.tIt, 'nd, soc:lal/l!conomic "uli rS.' required. This proposed rule has no known fmpitcl on 'amily 'orm~lIon, stability, !t1d

:~~jlomy ',a' :ducr.l~ed In R.S. '·T·

A pUbilc', h~~rl';; on In, pro4 pos.~ rule i!nd SIP re'4i,lon will

~~m~~I~ theMM~y2~~/Joke~~n~~ Bulldl••• · Room ]16, IUQ Bluebonn~" I!oulnard, 8alon Rouoe, ·LA ,'10110. Inleruled Pet'iOIll an .Invited 10 iitlend Ind ,ubmlt arlt comments on Il'le proPQud Im.ndmenh. Atlen. deu s.llould nporl d'r~ctly to

Ih. hurlng IQC~JIQn tar OeQ visitor r~idratlOllJ lnsl('.d of 10 lh~ security des~ln th, OEQ Hfad~uarre,1. bulldinQ. Should

~nndl~i~~:~:~~haI1o~lsl~~j~%~~

parlldpat... conlact Patsy 0.... ville at 'he addreu glvefl bcoIoaw

or "~'(2251, 7M-QJ'19.. ,;.i' ;'::::;:~.: ~i:~·;.~

All lnll!rutld pl!pon, .I'. fnYiled 10 ,ubmll wrltlen com",' menl, on tne propoud r.oul•• lion,. ~er,oi'l1 commenting should refn!!ncl! In" proPoied reoulallon by AQ215. Sudl com· : menl, mUl.l b. r/!'Cel'4ed no laler Ihan June 04,' 2001, It 4:JO lJ.m., and should be 'etll to Pahy Ouv/lle, ReQulallon ·Onl!lop. men' Secllon, BOA 121;1,' Baton RoulJI, LA 10""·2171 or to

ioA~ai~~J@~~~:t.j•.~~. ~~:~ lu of thIs proposed rlJoulalion can bilf lJurcl'lu~ ", In••bolie refeflnced addreu. COl"ll.d tl'll Reoulallol1 Onelopmenl S.ction

,J (l1SI /&l-Q]?' fw 'ricin' In· forma/Ion. Chllck or money order i' reoqulrltd In .INance for

RECEiVED

APR 2 2 2002

REClj!

FORM IM·N

111
April 13, 200'2

NOTICe OF' INTENT

ECEIVED

APR 2 3 2002

st.:lltt.la,us. COpies ot thiS ~lv·

posed regula lion can be pur- Cr'lased 0:.\ the aOO..,e referellced iJOd,SS3 Conl6ct Ihe

RegulatIon Oavtf1opmant S~cllon at (2'25\ 765·0399 tor

ptlcing information. Check or maney. order I~ required It aOvance lor each copy 0

Aq.~;;. proP031::td regulalion IS aVi'ulatJla 10f Jnsp~c~,on at lhe following OEq olt.ICt! loentlOns .

'(Qrn a a.m, unfll 4'30 p,rn 7:290 Bluabonnet BQu\~'Ja(d. Fourth FlOO(. Balan Rouge. LA 708 rO' 80-1. Tl'1tfty"lrst Slre~l. ~Ionroe. LA 7120:)', St<ll\a Qllice

euildlng 15.25 Falrllftld Avenue.

Shrevtt.port. LA 7110 I; :JS 19

?al(lCk SlrBS!. LMke Charles, ~d 70605: 20 ( ~vans.... Roa , Building <4, Sulta -1. .. 0, Ne'N

OriaLln3, LA 70123, tOO Asmil

80uitwor d. SUite IS I, La/ayena. LA 70508: 104 LoCOCO OrNe.

R Olca1and 70:)9,-l Or on Ina

In\erntH 'at. http.l!"""W"~·deq ~lal~ .la,US/ planmng/regs/lnd8lC

hl'1A,MES H BRENT. Ph.n Ati3istant S6<:fo\nIY

n66l4S, apr O· U

3 0 :£02

"LTh;,\ ~CL<\L SERVICES DEQ-r: u,n.-

RECEiVED

\ )PH

OEQ.OEAIEPl)· .

RE(il 'I.ATlO'< rXVJ:[.OI'.\IJ'ST srCl IUc.

LA 10834

ioiary ;;\.iu:ic

mission Expirll:s: Inddinitll:

04/13/0'2

THiE ADVOCATE

LlI:ga I/public Not icozs RII: prll:soznta tiv oz

.",.

PROOF OFPUBLJCATION

Publish~r of

Thll: hll:rll:to attach<zd notic,,", was

publish<Zd in THE ADVOCATE,

a daily n<Zwspa p"r 0 f 9'mll:ra I circul a tion

publishll:d in Baton Rou9e;:, Louisiana,

and th" OHidal Journal

of thoz Slat" ot lo<Jisiana,

th" City of Baton ROUglZ,

and th-o: Parish of last Baton RouglZ,

in th-o: following is:;ue;:~

Sworn and :>ubscribozd bdore me;:

by thfi: p<Zrson whoSfi: signature;: app-o:ars abollCl:

in Balon Roug", Louisiana, on

PO BOJ( 82'231

BATOH ROUGE

DEQ .IUGULATION

CAPITAL CfTYPO£

2366145 000088
23 rd day ofApril, 2002.

,personally known to me;

APR 3 0 2002

r-------~ DEQ F1NAt\CL'\L SERVICES

~t1;:;1~~~J.-UI_..-, APR 2 6 200Z

RE I DEQiOEAfEI'O

.Gll,:\TlON DEVELOPMENT SECTIO;';

Altheas Critton

PROOF OF P

Dia.n~· W. Taylor 'Notary Public.

Ca.ddo Parish, Louisiana

M y Commis~i~n is FOR 1I FE

:1

(Signed)

Who being duly sworn, deposes and says that she is the Assistant to the

Classified Advertising Manager of The Times, and that the attached

Advertisement entitled:

STATE OF LOUISIANA

PARISH OF CADDO

B.efore me, the undersigned authority, personally came and appeared

April 20, 2002

NOTICE OF INTENT Department of Environmental Quality

Office ofEnvironmental Assessment Environmental Plarming

Division (Log #AQ225) #N-02-02-267

As per copy of advertisementheretoa.IlEex~d;was published in

The Times on the following dates to wit:

_'.kJ~IhL.·.fU.:

. .'... 1.(No fl.tcuy)

' ~~Jk: 0---- ; ,.. ,

NOTICE OF INTENT

Department 01 Environ'

menial Quality atlice 01

Environmental . A,sessmen!. Environmental

Planning Division. Under ...

the authority of the EnvIronmental Ouality Act,

R S. 30:200 I et seq.,

and in accordance ..,wlth· .

the provisions of the Ad-

. minislratlve Procedure

Act, RS. 49:950 et seq..

the secretary gi'les notice that rulemaking procedures have been Initiat-.:

ad to amend the Air regu- "

':':"\atio' C:33:1I1.2132:

;';,~W''',[{hispro.'.

::T'pose A alfows" Ihe

continued use of the cur-.

, rent Stage II va'por recoyery systems certlhed under Callfomia Ali' Resources Board (CARB)tertifl~ .

cation procedures eHec-

. tive on or belore. Mar~h,~

;'31, 2001.~tage)1 vapo~~; ,

;";:::" recovery s'y~t~m requtre·.!,:

~:.:i'. m8n~:'a!8,~ppllcable ~.t,o.,

':imotorf',1je~lcJe .duel .pls:,;

':-i;fpeiisirig'~ ~.cili!I~~,tl\;t~~" ~;':\I:; arishes "pI 1~s"8nsron.,-, ;~~~~. on -:~! Rouge)

1~1'IYlngstori~,

~res .. a P'L.. o~t~~~B.e, . if~si!li"a.~ahitl;~th!!r,li~l<It~~ . ""tbi\se(j.thetr:?f,epo( .recllY"

~m-~9ry'·'pi§gr~l]1f(·o~,lhe" .'.~

'~JiC~~:i~~~1~!~~~~(~r~ ;; .. changiist9,'~ss~<j\,~fd~;, 1- .whichaH~t).htl,llJ~I~!ll', ' •...." lion ,j:af)d 3toperatlon,it~t

':i\'o.:~AR~i;!rtitl~d systems

'Yi?::ln'·'~l.oulslana .andJot~er, ''l':Uista'les:''The'EPA has roc:

ommended thaI a state

not changing its stand·

ard to meet CARB's revised' ·standards reier-

-'. ~"C'J .in its regulahons·

.", . that certification is bas~d ,

:,,:'on '\CARB' ,'certification:

0i"prqCedures.~e/fe~tiv~".al\!

~.f,:;.·.or '~;befora ·'I:Mart;h.~,¥3t;~. i~,;i 2001 ?--This""roposeine.""

j!""'vision comp~es' with lhl:i,t-

.rrec0r;'mendation,! .,:thls

i .. "ri.Jh;j'l.isjalsoi.pei~!}'i'pro;

),' 'p~ed as, ar,revision to••

!"'the·loUislana State 1m· · :;, 'plemenlatlon Plan (SIP) .

';;,(j~~n~(d ...ir~..u~~.h.~:.IZ~~i~~~II:..,•.., .J, Ii" conU lioo cOm 'I~

an' ,.~I,th:jh&Clea~ir.· · ct~ulfBifienls(S!r[.!h~.- lM:~.ffi uo4".r'ta~"j~fop,l -' if:ciiO~' .~i'" u IIk .il!'!! "l"~,,,"~.. ... ..Lq "~k:l'(i''f.' ~1~1,~~P'9P.o.S~91:;'f1!,ru.il. e.,", .i Be. an (~~cepl On"\l"h~

ilQ' R.S!:30:20 19.0,,'2., .

.p.9.i~~J~I.~;~~:n3·J~);:~ :

'~j;¥~~~~'N~ .. o4miiri~~~~!)h:: ~;:t~t~~~ri,~r~ld ; ~9noro;'~fo'@q~~' 'ri,o.~,n·~lm· . (ormation,' .

;\;" . t.aU1oQomy·. ;; ,.. ' 9!~(jescriQed ·'In,~F,l.;S; .. :-'.t::; 9:972. A publlc~he8nng .

:::~i' ~'t. the.' proposad':~fu!~.;~ 'i;,:'~'; ~ancl,SIP.~revisiDn-willbe

:..;;:' .' he'kfoil.MaY 28, 2002, at

-:'.' ,'1 :.3Op:m. in the.MaYnard

' .. '··K'etcham Buildlng,:F,loom

. .; 326,:~7290 'J.B.''f.8Bonnel .

.8oule~ard".:., . . ealofl,.

~if.l9ug~!,!-A.~081O~~!nter:.· ;,r.!lsted.per:;Olls •. are)nvII-,.

:Wed to 'at1end 'and' submll

:~@al;tso!Ji[i:ien~:~q,,;thi .

ji,;·p(oPQsad:i.em.~rdln~nt~",.

':;i~.t.tI!Pde?s... sn.0h4.ld rt'.'rep.o 11..... ,. . -,0,)0.8. ea}w. 10'..

"Jpr.;~'PFq·-r,Y!SI,tO(:

, gislratlon,'.inslead ,9' to'

. .... . esecufirY:,9a~ltfn,!\be(: '.;. . DEQ Headquarters QlJlld,

.... ~: ' fl,lrig;'YShould'[ridlvlouals;

·:;:,.•i:·'~\Y!IT,~:a~is()b.ill!x neelt<'_'lC
000U90

'.,:~

r,·..........
The hereto attached advertisement

Published in Monroe, Louisiana,

Publisher of

CERTIFI:ED COl"}

5' I? tJJ.-.

G NNETT co. INC.

Parish of Ouachita, in the issues of:

Sworn and subscribed before me by

Was published in the NEWS-STAR, A

Daily newspaper of general circulation,

RECE1VED

lIAY 16 2002

, DEQ10EAIEPU

REGllJ.ATlON DfVEl.OI',\fENT SECTION THE NEWS STAR

DE, LOUISIANA

PROOF OF PUBLICAnON

:tpa;;~;tor~~:;l~~etrtal :pQ~~~~~ :~~~:I~a,~Qr . Quality . This propos<Kl (\jle ~b an

Offic:e at Environmental . axcaption 1!lJled in R.S.,<;·,;" ".,

As.se_men( . , 30:201 e.O.\2) and A.S... /.., .

Environ"",n~ Planning . : 49095J.G.(J); :I1a",lo"" no report Division re£arding envlronmenlaliheelth

nder tha auttlorTty oj the En. booefib and .OCia.vaconomic. ~j,.""1 Jnmen!:;]1 Quality Act. P..S. cos~ Is reqUIred. Thl. pro- "".'0'

:2001 at seq. and in accoro- pooed ru'" ha3 no lmOWTl impact :-e wrth the pro...i5iooa at the on family formation, 3tabllity, ....

minlstrati..... Procedore Act. and autonomy as descnbed in 'I..,.

,.49:950 et .eq., th.. secretal'-· R.S,411:972. .··+.,;:.",.,e,; Ijv~ notice that ruloemaking . A public hearmg on the pro-',..k1,~

>eedores have been Initiated pooed rule and S1P revielon will

amend th" Ail t'Blluiations, ;\i!ii" be held on May 28,2002, al1 :30 C 33:1I1.Z132 (LDg,.MQ2'25).':~·: ~.m. in the MeynaRJ Kalcham ":1,1

lhl propo:sed hJl" allows the ," Building, Room 326... 7200 Blu...··,;: nl!nued \15" at Ill" C>Jrnnt ..; ,,...~ bonnet BoulevaRJ, ~ton Roog.., '.

~~v=:~~;~I~"R::~ ~~~J2d ~t:~~~~~il' :', urces Boan:i (CARBl e<rrtiflca- oral comments oil the proposed

n procedUn>3 effect,"e on or"',·. amendments. Attend""s .~ould

fore March 31, 2001. SI3<;1811:: leportdirecttyto'!he hearing/o- Jor rn<;Q'iery sy:rtem reqUIN- cabon for DEQ ",sitar "'9isu-a· .. •...",

",ts aM appllc8ble 10 mo\c:r .'.- bon instead of to the securrty ',:.

lic\e fuel d,sp""5Ing fac,lIt"'. . d~k in the OEQ H<radquartars .,

:he pariahe. of Aac,,,,,,'o•.., ," ..," building. Should individuals·,··, ". st Baton Roug<!, lbe<VlIle, u ...·.. with a di&ability need an aceomIston, Pulnt8 Coupee, and modatlon in oRJ.... to pllrtidpllle. >St Balon RoUO". LouIS,ana contact. Patsy Dea.me at the ado,.

~.~~~~cJ.,..V8 8 :j~~~99~;~i~~~~~,i:£~!\,; lu,remenls of CARB. AR .:··,All Intereste<f per.ron3. are In~., ",..,

:...,tly app~ chllll98S to ",.c".' .ilited.. 1.0 ~.' brni!."!.tm.'!':' GO.. <:n:,:L.!.c'.' rtandards, "",1d1 atIect th",·; .~ cme'iit."on t1la propoii<iil "'9ola- ..~:.'

,1allation and openrtto<) 01 .... ":.,'" :lions:. P"f"O'I:" commenting' ,;.':.r::

,RB-certrl\ed ~em• ., l.!>U1· '. 3l1ould reference' thi3prop0300. -, .M and ath.... sUibM. The EPA:, regulation by·AQ225. Such '." ..

re<.'Ommended that a .tate, JZ.. commen~ must be receNed no

I changl!;? 'rt:! stBfldaRJ 10 ..... laI.... than June 4,2002, at 4:30 ,

"', CABB 3 rw<ised standards .; p.m.;'and should 0.. ......t 10 Pal- erenee in It3 regUlationS lt1at . sy De"";Ik>, ReQuletion De.....l,oprtiticat.on I. based on CARB • ment Section, 8008217,8. Baton

rtiticarton procedures elf",,· Rou9". LA 708&4-2178.0<, to FAX a on 0< 0..10"" March 31, '~~ (2251 765-0389 or by lHTl3llt~ ;..: 01. This prop03ed revi'llOO pat"Yd@deq.stata.la.u:s,'Cop>es".

mplie....1th ll1al r<rC0mmen- of thiS proposed regulation can ,.;

bon. Thi. rule I~ ",Isa being ..:. , b<t pu~ at the ablMl ...t-~:'::

)posad a.s a """51On to the." -., eren~ addrt!5S. Co<rtact Ille .,.

uislana Smte Implementation ',' RegUlation Development Sec- ..

U1 (SIP) 10<.air quallt';. The "i-'''' .\lon. at (225\,765-039 .. _.99 1jar P'1cln.\l" sis and ratIonale lor ttl'3 i\J1e Irtlorrnatlon.· CI>eclt or money ~,,'

, continued compliance .....lth . ord.... i3 l'9qUired In advance lor' 1Clean AIr Act reqUlrem!nts .. each copY·of A0225~ i~~' ~;:~.i~::11

This proposed regulalion IS '

:Wsllable 10r Inspection at tile, .

folkiwing DEQ otficEilqcations ,~1:

lrum fI a.m. unlil4:3O p,m.;J29o.~.X

BllJebonnat Boulevard, Fourth 'f1,

FloOr, Baton Rouge, LA 71)81 0; :\~

804 Thirtv-ffr3t Street, Mooro<l. LA 7120:1; Slate Office Building•.

1525 Fi1:Hb!d ."-",onue Sh",.a- ..

~~U~~~~~ ~~05~ .

201 E""n3 Road). BUlIdInQ 4" ., "

S<Jita 420, N- uriaa"", [A ,

701 23' 100 Aama Boulevaro,·..·,

Suita151,' Lata~ette, LA 70508; , 104 Locoro OrNe, Raceland, LA 70.:l94 or on \he Irnemet at , ,

http://www.deq.st.ate.la.usJ plan- nlnlllre\jSlinde•.htm.: I. •.•. ' .

.:fA\'i~n,~l~,~r~:~~~~ It'~{~:~2'''''''''~ e person whose signature appears above in Monroe, La on this ..,p.....c.::.c.::..::..::=--....:..:..-'---'--_--'- ,

__J.=}- __day of-YJlt-I---J. '-+'-azr~,--- 20 0 ()- AD

~.NOTARY PUBLIC

i

/

000091
71101; 3

0204#033

NOTICE OF INTENT

Department of Environmental Quality

Office of Environmental Assessment

Environmental Planning Di vision

Stage II Vapor Recovery Systems

(LAC 33:III.2132)(AQ225)

Under tbe 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 gives notice that rulemaking procedures have been

initiated to amend the Air regulations, LAC 33:III.2132 (Log

#AQ225).

This proposed Rule allows the continued use of the

current Stage II vapor recovery systems certified under

California Air Resources Board (CARE) certification

procedures effective on or before March 31,2001. Stage II

vapor recovery system requirements are applicable to motor

vehicle fuel dispensing facilities in the parishes of

. Ascension, East· Baton .E.I)~g~,Jh~r1fi!le, Livingston, Pointe ,''''c ,:.:';'j',. ~,- _f.:. ':'., -',:.' ", -,r,,', ,.. "" \, . ",-:'._.' . - , J ---:- :- I

Coupee, aill! "we'st Balliu Rouge. Louisiana and other states

based their vapor recovery programs on the requirements of

CARB. CARB recently approved changes to its standards,

which affect the installation and operation of CAREcertified systems in Louisiana and other states. The EPA has

recommended that a state not changing its standard to meet

CARB's revised standards reference in its regu lations that

certification is based on CARB certification procedures

effective on or before March 31, 2001. This proposed

revision complies with that recommendation. This Rule is

also being proposed as a revision to the Louisiana State

Implementation Plan (SIP) for air quality. Tbe basis and

rationale for this Rule are continued compliance with the

Clean Air Act requirements for the Thton Rouge area for

protection of air quality.

This proposed Rule meets an ex.ception listed in R.S.

30:2019.D.(2) and R.S. 49:953.G.(3); therefore, no report

regarding environmental/health benefits and social/economic

costs is required. This proposed Rule has no known impact

on family formation, stability, and autonomy as described in

R.S. 49:972.

Title 33

ENVIRONIVIENTAL QUALITY

Part III. Air

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. Terms used in this Section are defined in

LAC 33:III.lll of these regulations with the ex.ception of

those terms specifically defined as follows:

* * * Siage 11 Vapor Recovery Syslem a gasoline vapor

recovery system that is CARB-approved on or before March

31, 2001, or equivalent, and recovers vapors during the

refueling of motor vehicles.

B. - SA.d.

5. No owner or operator as described in Paragraphs

B.l, 2, and 3 of this Section shall cause or allow the

dispensing of motor vehicle fuel at any time unless all fuel

dispensing operations are equipped with and utilize a Stage

II vapor recovery system certifIed by CARB on or before

March 31, 200 I, that is properly installed and operated in

accordance with the corresponding CARB executive orde~.

The vapor recovery equipment must also be installed and

operated within the guidelines of the National Fire

Protection Association (NFPA) 30. The vapor recovery

equipment utilized shall be certified by CARE or equivalent

certification authority approved by the administrative

autp.prity~ to attain a minimum of 95 percent gasoline varor

control etliclency. This certified equipment thill!' !i~Vc""

coax.ial hoses and shall not contain remote check valves. In

addition, only CARB or equivalent approved aftermarket

parts and CARS or equivalent approved rebuilt parts shall be

used for installation or replacement use.

B.6. - D.l.b.iii....

2. The test methods used are contained in the

Environmental Protection-Agency document entitled,

"Technical Guidance Stage II Vapor Recovery Systems for

Control of Vehicle Refueling Emissions at Gasoline

Dispensing Facilities, EPA-450-3-91-022b" and the CARE

Stationary Source Test Methods, Volume 2, April 12, 1996.

D.3. - H.l. ...

a. notices of corrected violations;

b. compliance orders;

H.1.c. - 1. ...

AUTHORITY NOTE: Promulgated In accordance with R.S.

30:2054.

mSTORICAL 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 19:46 (January 1993), amended LR 23:1682

(December 1997), LR 24:25 (.January (998), amended by the

Office of Environmental Assessment, Environmental Planning

Division, LR 26:2453 (November 2000), LR 28:

8f3?(JI'.nn ll'

I"" " " " Louisiana Register Vol. 28, No. 04 April 20, 2002
NOTICE OF INTENT

Information Technolo gy

C 4:XI.l01, 301, 303, 501 and 503)

Office of the Governor

Division 0 r Administration

OITiceof Information Technology

In accordanc with the Administrative Procedur Act, R.S .

49:950 et seq., nd in order to comply with the legislative

mandate of Act 772 of the 200 I Regular Se sion of the

Louisiana Legisl ture, the Office of the Qwe or, Division

of Administration, Office of Information Tee ology (OIT),

hereby gives notic of its intent to promul ate Rules and

Regulations relative to information technolo y initiatives.

Title 4

A lVlINISTRATION

Part XI. uformation Tec

Chapter 1. Gener Provisions

§101. General

A. Under the authori inistrative Procedure

Act, R:S. 49:950' et se ., and in accordance with R.S.

39: 15.1 -6 in Act 772 of th 200 I R gular Session, the Chief

Information Officer (CIO) and t Office of Info rmation

Technology (OIT) was esta lisheto manage and direct the

following information techn og initiatives:

1. overseeing and i ementing a state. master

information technology plan;

2. establishing/directin of IT

standards, architecture, an g'delines for hardware and

,s.pftware.-sys'(eam, contractU' I arr gements, consolidation flf

.services, arid system mana ement, .

3. reviewing, coo dinating, and standardizing IT

planning, procurement, d budgeti g;

4. implementing strategic IT planning, review, and

operation;

5. measuring

systems, including the creation

establishment of ac ountability;

6. overseei coordinating the of

technology, inc uding consolidation, outsourcing, and

sharing statewi government IT resource and services;

7. assuri g compatibility and onnectivity of

Louisiana's in ormation systems;

8. faci tating and fostering innov

technologie that provide cost-effective

governrre operation;

9. r viewing/overseeing IT projects an systems for

complia e with statewide strategies, goals, an standards;

10. ensuring that statewide IT appLicati s are not

duplic ed by individual state agencies in th executive

branc ;

1. facilitating/fostering the identification of

pol" y and planning needs; and

12. charging respective user agencies for the c -t of IT

ices provided by OIT.

AUTHORITY NOTE: Promulgated in accordance WI h Act

72 of the 200 I Regular Session of the Louisiana Legislature.

HISTORICAL NOTE: Promulgated by the Office 0 the

Governor, Division of Administration, Oftice of Information

.Technology, LR 28: .

Robert E. Hosse

Generel Government Section Director

Legislative Fiscal Office

James H. Brent, Ph.D.

Assistant Secretary

0204#032

FISCAL AND ECONOMIC IMPACT STATEMENT

FOR ADMINISTRATIVE RULES

RULE TITLE: Stage II Vapor Recovery Systems

I. ESTIMATED INIPLENfENTATION COSTS (SAVINGS) TO

SfATE 0 R LOCAL GOVERNtv1ENT UNITS (Summary)

There are no known implementation costs or savings to

state or local governmental units.

IL ESTIMATED EFFECT ON REVENUE COLLECIlONS OF STATE

OR LOCAL GOVERNrvfENTAL UNITS (Summary)

There is no estimated effect on revenue collections of state

or local goverrunental units.

m. ESTIMATED COSTS AND/OR ECONOMlC BENEF1TS TO

DIRECfLY AFFECTED PERSONS OR NONGOVERNMENTAL

GROUPS (SLUnmary)

There are no estimated costs and/or economic benefits to

directly affected persons or non- governmental groups.

IV. ESThlATED EFFECT ON CONIPETITION AND ENIPLOYMENr

(Summary)

There is no estimated effect on competition and

employment. This rule serves only to clarify the requirements

and applicability of LAC 33:III.Chapter 21, Subchapter F,

Section 2132.

James H. Brent, Ph.D.

Assistant Secretary

A public hearing on the proposed rule and SIP revision

will be held on May 28, 2002, at I:30 p.m. in the rvlaynard

Ketcham Building, Room 326, 7290 Bluebonnet Boulevard,

Baton Rouge, LA 70810. Interested persons are invited to

attend and submit oral comments on the proposed

amendments. Attendees should report directly to the hearing

location for DEQ visitor registration, instead of to the

security desk in the DEQ Headquarters build·ing. Should

individuals with a disability need an accommodation in

. order to participate, contact Patsy Deaville at the address

given below or at (225) 765-0399.

All interested persons are invited to submit written

comments on the proposed regulations. Persons commenting

should reference this proposed regulation by AQ225. Such

comments must be received no later than June 4 2002 at

4:30 p.m., and should be sent to Patsy Deaville, Regulation

Development Section, Box 82178, Baton Rouge, LA 70884-

2178 or to fax (225) 765-0389 or bye-mail to

patsyd@deq.state.la.us. Copies of this proposed regulation

can be purchased at the above referenced address. Contact

the Regulation Development Section at (225) 765-0399 for

pricing infornlation. Check or money order is required' in

advance for each copy of AQ225.

This proposed regulation is available for inspection at the

following DEQ office locations from 8 a.m. until 4:30 p.m.:

7290 Bluebonnet Boulevard, Fourth Floor, Baton Rouge, LA

70810; 804 Thirty-First Street, Monroe, LA 71203; State

Office Building, 1525 Fairfield Avenue, Shreveport, LA

71101; 3519 Patrick Street, Lake Charles, LA 70605; 201

Evans Road, Building 4, Suite 420, New Orleans, LA 70123;

100 Asma Boulevard, Suite lSI, Lafayette, LA 70508; 104 .

Lococo Drive; '-Raceland, LA 70394 or on the Inibrnei at.".··.·:;

http://www.deq.state.la.us/planning/regs/index.htm.

Louisiana Register Vol. 28, No. 04 April 20, 2002 888

f1nnnq·':~
AQ232
Promulgated

RULE

Definition of Building EnClosure

(LAC 33:III.2156)(AQ232)

Department of Environrrental Quality

Office of Environmental Assessment

Environmental Planning Division

Title 33

ENVIRONMENTAL QUALITY

Part Ill. Air

Chapter 21. Con trol of Emission of Organic'

Compounds

Subchapter N. Method 43 Capture Efficiency Test

Procedures

§2156. Delinitions

A. For purposes of this regulation, the following

definitions and abbreviations apply.

BE a building or room enclosure that contains a

process that emits VOc. If a BE is to serve as a PTE or TTE,

the appropriate requirements given in 40 CFR, Part 51,

Appendix M, Method 204 must be met.

* * *

Under the authority of the Environmental Quality Act,

R.S. 30:2001 et seq., and in accordance with the provisions

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

secretary has amended the Air regulations, LAC 33:II1.2156

(Log #AQ232).

LAC 33 :IILChapter 21, Subchapter N, provides capture

efficiency test procedures for temporary or permanent

enc losures. The definition of building enclosure (BE), as

used in these regulations, is being arn~nded to correct the

federal. reference .. Gited in the JefinitilJl1. The basis and

rationale for this Rule are to clarify the federal citation in the

definition of building enclosure (BE), as used in the

regulation.

This Rule meets an exception listed in R.S. 30:2019(D)(2)

and R.S. 49:953(G)(3); therefore, no report regarding

environmental/health benefits and social/economic costs is

required. This Rule has no known impact on family

formation, stability, and autonomy as described in R.S.

49:972.

03[0#04

AUTHORITY NOTE: Promulgated in ac.cordance 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 17:653 (July 1991), amended

LR 22: 1212 (December 1996), LR 23: 1679 (December 1997),

... -lo " ' •• '

UIO#018

3. an uncompensated individual who the state ency

or NS determines to be responsible for an insti ution's

seri us deficiency.

8m II Purchase Procedure a type of procureme

that m be utilized whenever:

1. the aggregate purchase amount of foo does not

exceed $ 5,000 (exception: milk and milk prod ts);

2. t e purchases are for highly perisha Ie materials

(for exa mp e, fresh produce); or

3. the purchase is for materials, eq pment and/or

supplies und r $15,000. Equipment and sup ies costing less

than $15,000, must have no fewer than hree telephone,

facsimile or wtten quotations.

* * *

* * *

AUTHORITY OTE: Promulgated in a cordance with R.S.

\7:7(5); R.S. 17:10; R.S. 17:82; R.S. 17:191- 999; R.S. 1792.

HISTORICAL N TE: Promulgated by t Board of Elementary

and Secondary Educa ion, LR 27:2220 (De ember 2001), amended

LR: 29:2037 (October 003).

5. Will the pr posed Ru Ie e ect the behavior and

personal responsibili of children? 0

6. Is the family a local go emment able to perform

the function as containe in the pro osed Rule? Yes

Interested persons rna submit omments until 4:30 p.m.,

August 9, 2003, to: Nina furd, tate Board of Elementary

and Secondary Education, . O. ox 94064, Capitol Station,

Baton Rouge, LA 70804-90 4.

The Louisiana . (LATTA) has

amended Rules 0 the Student Tuition an Revenue Trust

.(START Savings Program (R.S. 3091-3099. ).

This Rule ha no known impact on fa 'Iy formation,

stability, or aut nomy, as desGribed in R.S. 49: 72.

Title 28

EDUCATION

Student Financial Assistance

Education Savings

Chapter 3 Education Savings Account

Subchapt r A. Student Tuition Trust Authority

§315. Iiscellaneous Provisions

A. - B .

7. For the year ending December 31, 2002

Loulsi na Education Tuition and Savings Fund eame

intere t rate of 5.82 percent.

For the year ending December 31, 2002, e

Ea lOgS Enhancements Fund earned an interest rate of 5.91

per ent.

. - R.

Louisiana Register Vol. 29, No. 10 October 20, 2003 2038
e Department of

ental Assessment,

(October 2003).

§l 3. Applicability

This Chapter applies to releases that exceed

applr able federal or state health and safety standard

pose significant risk of adverse human health effects..,

AU ORITY NOTE: Promulgated in accordance wit ItS.

30:200 I t seq.

HIST CAL NOTE: Promulgated

Environm tal Quality, Office of Environmental sessment,

Environme tal Planning Division, LR 29:2039 (Octobe 2003).

§lOS. E 'ective Date

A. Thes regulations shall become effectiv on October

20, 2003. Tn se regulations are only applica e to releases

that occur on r after October 20,2003.

AUTHORIT NOTE: Promulgated in aceD

30:2001 etseq.

HISTORICAL I OTE: Promulgated

Environmental Qu lity, Office of Envjro

Environmental Plann'ng Division, LR 29:20

§ 107. Det1nition

Administrative Au ority thesecre ry of the Department

of Environmental Qu lity or his desi nee or the appropriate

assistant secretary or h designee.

Applicable Federal or Stat Health and Safety

Standard those health dlor sa ty standards promulgated

under federal or state ealth or safety laws or other

uni versally accepted hea h safety standards that the

department, based on I s knowledge and expertise,

reasonably determines are a plicable to a particular release

and release site~ Examples . applicable federal or state

health and safety standard in ude, but are not limited to:

1. USEPA maximu co taminant level (MCL) in a

drinking ','/ater "vel! 0'[" , ..' ii~f.:l. i ~/:Ts ?re.not applicable for

non-potable groundwat or surfa e water;

2. Louisiana pri ary ambi ot air quality standards ..,;-

(LAC 33:III.709); an

3. Agency for oxic Substanc s and Disease Registry

(ATSDR) minimal sk levels (MRLs) or air.

Corrective Act! activities condu ted to protect human

health and the en ironment.

Department e Department of Eovir runental Quality.

Off-Site are s beyond the property boundary of the

release site.

Person a individual, municipality, or private

corporation, partnership, firm, the State of Louisiana,

political s divisions of the. State of Louisi a, the United

States go emment, and any agent or subdivis n thereof or

any oth juridical person, which shall includ , but not be

limited to, trusts;' joint stock companies, ssociations,

com ssions, and interstate bodies.

Re ease the accidental or intentional spillin leaking,

pi.! 'ping, pouring, emitting, escaping, leaching, or dumping

of hazardous substances or other pollutants into 0 on any

I nd, air, water, or groundwater. A release shall not i lude a

: ederal or state permitted release or other release aut rized

by the department.

Release Site area within the property boundary of th site

where the re lease has occurred.

Responsible Party any person required by law or

regulation to undertake corrective action at a site.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:200 l et seq.

Act,

amended by the Office of Environmental Assessment,

Environmental Planning DLvision, LR 27: 1223 (August 200 I), LR

29:2038 (October 2003).

Public, otification of Coutam' ation

(LAC 33:I.lO , 103, 105, 107, and 09)(OS042)

Depa tment of Environmental Qu

ornc of Environmental Assess ent

Env onmental Planning Divi on

RULE

0310#049

James H. Brent, Ph.D.

Assistant Secretary

TITLE 33

ENY. RONMENTAL QU LITY

P t I. Office of the Seer tary

Subpart 1. partmental Administra 've Procedures

Chapter 1. Public Notilication of Co tamination

§101. Pur ose

A. The p rpose of this Chapter is to esta [ish procedures

for notifyi g those members of the pub ic whom the

departmen determines are likely to be advers y affected by

a release hat poses a significant risk of ad erse health

effects. T. is Chapter is in addition to any other quirements

to prov de notice, and nothing in this Chapt r shall be

const d to relieve the department or any other p rson from

any 0 er requirement set forth in Louisiana Adm istrative

Cod Title 33. Furthermore, nothing in this Cha er .shall

prey nt the responsible party, or the departme t, from

pro iding additional means for public informati nand

p ticipation consistent with the provisions of this apter

o any other Chapter of the Louisiana Administrative ode,

itle 33.

AUTHORITY NOTE: Promulgated

30:200 I et seq.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Environmental Assessment,

.~ Environmental Planning Division, LR 29:2039 (October 2003).

2039. r::'

lUll Hi 4 :,

Louisiana Register Vol. 29, No. 10 October 20, 2003
.'

I

STATE OF LOUISIANA

DEPARTMENT OF ENVIRONMENTAL QUALITY

IN RE:

DEFINITION OF BUILDING ENCLOSURE (BE)

LOG #: AQ232

PUBLIC HEARING

The Public Hearing held by the Louisiana

Department of Environmental Quality, Regulation

Development Section, at the Galvez Building,

2003 . .',r

BEFORE: Lori B. Overland

Certified Court Reporter

In and For the State of

Louisiana

SEP 3 2003

ASSOCIATED REPORTERS IliC.RECElVED

(225) 216-2036

DU)/OEAiEPD

RfGlil..\TIO:,,< llEVEl.OP~IE.\T SECTIO:--;
DEPARTMENT OF ENVIRONMENTAL QUALITY

A P PEA RAN C E S

FOR THE LOUISIANA DEPARTMENT OF ENVIRONMENTAL

QUALITY:

Cheryl Flory

Hearing Officer

Dep~rtment of Environmental Quality

OEA/Regulation Development, 6th Floor

P.O. Box 4314

Baton Rouge" Louisiana 70821-4314

* * * * *

2

ASSOCIATED REPORTERS, INC.

OOUO~:r7

(225) 216-2036
DEPARTMENT OF ENVIRONMENTAL QUALITY

I N D E X

EXAMINATION:

None

EXHIBITS:

None

REPORTER'$ PAGE

REPORTER'S CERTIFICATE

* * * * *

ASSOCIATED REPORTERS, INC.

·oop':.t.'\Q vvUu()

3

PAGE(S)

6

7

. (225) 216-2036
1

2

DEPARTMENT OF ENVIRONMENTAL QUALITY

* * * * *

MS. FLORY:

4

3 Good afternoon! My name is Cheryl

4 Flory. I'm employed with the Louisiana

5 Department of Environmental Quality. I ' 11

6

7

8

9

10

11

12

be serving as hearing officer this afternoon

to receive comments regarding proposed

amendments to the Environmental Quality

regulations.

The comment period for these

amendments began on July 20, 2003, when the

notice of intent was published in the

13 Louisiana Register. The comment period will

-111

...... J:: c los eat 4: 3 0 p. m" S e pte mb e r 2, 2 0 0 3 . It

15

16

17

18

would be helpful to us if all oral comments

received today were followed up in writing.

This public hearing provides a forum

for all interested parties to present

19 comments on the proposed changes. I'll ask

20

21

22

23

24

25

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 first amendment is designated by

the Log Number AQ232.

LAC 33:III.Chapter 21, Subchapter N,

ASSOCIATED REPORTERS, INC.

OnPIJ(\;,fl. uUl!,:,J

(225) 216-2036
1

2

3

4

5

6

7

8

9

10

11

12

13

•",1 14

15

DEPARTMENT OF ENVIRONMENTAL QUALITY

provides capture efficiency test procedures

for temporary or permanent enclosures. The

definition of BE (building enclosure), as

used in these regulations, is being amended

to correct the federal reference cited in

the definition.

Does anyone care to comment on this

regulation?

If not, the hearing on AQ232 is

closed.

I'd like to thank you for your

attention and participation.

This hearing is closed.

THE HEARING NAS CONCLUDED AT 1:31 P.M .

* * * * *

5

. ASSOCIATED REPORTERS, INC.

OU01UO

. (225) 216-2036
1

DEPARTMENT OF ENVIRONMENTAL QUALITY

REP 0 R T E R s P AGE

6

2 I, Lori B. Overland, Certified Court

3 Reporter, in and for the State of Louisiana, the

4 officer, as defined in Rule 28 of the Federal

5 Rules of Civil Procedure and/or Article 1434 (b)

6 of the Louisiana code of Civil Procedure, before

7 whom this sworn testimony was taken, do hereby

8 state on the Record

9 That due to the interaction in the

10 spontaneous discourse of this proceeding, dashes

11 (- -) have been used to indicate pauses, changes

12 in thought, and/or talk oversi that same is the

13 proper method for a Court Reporters's

1.4 transcriptiqn of proce<=dins, and that th(~·"d-ashe8·

15 (--) do not indicated that words or phrases have

16 been left out of this transcript;

17 That any words and/or names which could not

18 be verified through reference material have been

19

20

21·

denoted with the phrase "( inaUdib.lt\:" ft.

~~~~--- Lori Overland, C.C.R.

22

ASSOCIATED REPORTERS, INC.

# 97083

(225) 216-2036

OUU1U1
1

2

DEPARTMENT OF ENVIRONMENTAL QUALITY

C E R T I FIe A T ION

1, the undersigned reporter, do hereby

3 certify that the above and foregoing is a true

4 and correct transcription of the stenomask tape

5 of the proceedings had herein, taken down by me

6 and transcribed under my supervision, to the

7 best of my ability and understanding, at the

8 time and place hereinbefore noted, in the above

9 entitled cause.

10 1 further certify that the witness was duly

11 sworn by me in my capacity as a Certified Court

12 Reporter pursuant to the provisions of R.S.

13 37:2551 et seq. in and for the state of

.• ~,l., , ~:

"...- -. L Co U i s ian a; t hat' '1 am 1.1 ot 0 f c 0 u n s e 1 nor +. e 1 ate d

15 to any of the counsel of any of the parties, nor

16 in the employ of any of the parties, and that 1

17 have no interest in the outcome of this action.

18 1 further certify that my license is in good

19 standing as a court reporter in and for the

20

21

22

23

state of

Lori Overland, C.C.R.

ASSOCIATED REPORTERS, INC. . (225) 216-2036

nUUI02
/

JUl 18 2003

[)E()/PI ~,:\.d;,I' I) _-.:"i>' •.

IU:C;Pl ,\IIO:i 1)i'Vr:I:OI~'!':H~!(0:!

Notary Pu

My commission expires at my d

70821

15th day 0 f J-;>U,...c.Ly-3>...,----::"..-----,f-- 2_o_0_3__

P.O. BOX 4313

BA.'IDN ROUGE, LA.

on the following dates__JUL_Y_l_4_~,_2_00_3 _

Sworn to and subscribed before me this

Was published In T_HE__T_IME __S_P_I_CA_YUNE _

LEGAL NOTICE

RE:l'DTICE OF INTENT DEPT. OF ENVIROM1ENTAL QUALITY OFFIO

OF ENVIRONMENTAL ASSESSMENT DEFINITION OF BUILDING ENCLO:

(BE) LAC 33:111.2156 (AQ232)

Advertisement of DEPT. OF ENVIRONMENTAL QUALITY

Personally appeared before me, a Notary in and for the

parish of Orleans, Robert J; Chiasson who deposes and

says that he is the Accounts Receivable Manager, of

The Times-Picayune Publishing Corporation, a Louisiana

Corporation, Publishers of The Times-Picayune, Daily

and Sunday, of general circulation; doing business in the

City of New Orleans and the State of Louisiana, and that

the attached

State of Louisiana

Parish of Orleans

City of New Orleans

NonCE OF INTENT

:3800 HOWARD AVE. I\JEW ORLEANS, LA 70125-1429

Oeparlmerllof E"vlranmElfllal Quallt'" OHlc9 at EnvlrO(1mental . Assessment . "," Eilvlronmenlal Pfannlnl1 DlvjtJon'

Deflnillan af Building Enda,"," 15EI [LAC 11:111.21561 IA82121

Under Ihe au~h·al'l.ty at the

~8~~~~l'en~i! ~~~1I,1; ,~~Id RiS;" i accordance 'with thEL IJrolllslons of Ihe Admlnistraltlll! -Procedure I

Act, R.S. ~9:9S0 Ell ~e·q., ,the

secretary give, na/I'ce Iha~.

rulemaklng procedurelo halll been Inilla/ltd 10 amend ~ne Air re.ulallanl, LAC 1l:ill.2156 (La.

IAQml.

LAC 11:III.Chaoler 21,

Subchapler N, prall Ides caplur:~

efficiency test procedunn for. temPlHcHv. or. perm"111!'111 enchuures. The del!nllion of "buildIM enclo!oure {BEl, ilS used In thue. regulation", Is being amended 10 corn~ct the federal reterl!l1c!t cited In the detlnlliOfl. . The basis al1d rallonall,'for ~hls.

rule ,Jr!t to ,clarifY ,~he' tl!tderal cllallan In'lhe definition: at buildIng endo~url!' (BEl~ as- ~sed

In Ihlt.reg~jaIiOCl.' , ';'.j', ~,~

This proposed: ruLe meets: aq..: excepllol1J Ilsled'·II1',R:,S,:'

10:2019tD I(2 h· ~n4. 'R .5.

: ~9;9;1~~li1 ;r :r... t,o~'1 nq~

en VlrMmef1l~jn:p." II" ::beriitfll Sj I and soclaliecano(T1lc,cosl.s Is ,•.~,,, . '::' 're~lJlr.ed; :Th!~pr.opa~ea.: rule' has'l

i

no !I.,nowl1 Iml3i1cl on" tamllv formallo~,. slablll·'v,' a,nd·1 I autan~rnv as de~crl~e,q 1f1 ~:5,1

I~::~~IIC'hearin~.will b.h~;~"OP

I

~~·~~IV;·[~~~'~ln~. ~;~~'~11'~ 6112 N. Fifth Slr.et, Baton Rau..,

~~11~~81~' ~Wee,rj:'~~' Ps'JbS~1t'o~~';~

~~~~~~~~s, 0~h~~I~ rn~1:{~~:I~'~ '!With a disabitrlv. need all,\

accommodation '1\' order tO I

pa'rttclpate contact ,Lvnnl

W. IIballk... '. <it [he addre~sgl'len.l bela" or ~I (225l 161-0199. .

All rnre'ruted 'parsons are Il1vltad 10 ,ubmlt wrllfe(1 comme~II' an nu .i)(a!l01.,~d

ra~ulo1ltlQn, Perso., .. com!'Me-nlln;

shQuld refetenee- Ihis p~opoud

g~~:~~~"m~I~ b~Qr~~~iv;du~~ lalar, IhanSeolember 2, 1004,:al

4:]0 p,rn;,· <l~d '!OnQuld ba,· !Oenl 10 Lvnn Wilbanks, Regul.llon Development Secllon. Bo)( 4314, 5alon Rouge, LA ·10321-1JI4 or bv 'e 4 mall 'fa: ~vl1nw@14l!'~.ar~ .. C.oples af:'kh'I,s .13-ro·poud re\Julaflon can ~It' purch"s,~d 'bv

~~~~~~~~ntt"~~~ITa~, ~,e«~~~ll 1&5~QUJ:'; Ch~c.k· or: ma~ey.: order \ I!" r.equked rn':;_~d'f_al'!c,I!, f~r\,.~~,l;=,~

~,~.p'V;.~f/~2J2.:,., :': "'~""',,>,: :/~ ,)', );;

nils. ~ropond,.rltgUlatlon' lSI

io,r~~r~:' ~~d~'~~H~~Oroc~j,,~~:1 ~~~if~ ast::'~e~n~lltt~~~R~~;. J

IOSG2: 1823· Highway 546. Wesl i

Monro,!!'; LA 71291; SlaleOtflce!

BUI.lding. 1525. FOllrfleld A'I. enuf'('1 . Shr.veoarl, LA IIIH' no G.d.wall street(. Lake:.Chai"les.,/ LA 70015; 20 E.vans R"oad j

'

BUII4ln<i 4, Suii. ·42G,Ne,l'

Ortufls, LA lOl2J; l' I ,.N"e,w'

;3_§~~';" ~itaL oLca:~~al.b~rl;v~e~; Roc,iond, LA IOJ94 or an'lo·.. i':n r e r n',a I a r 'n t· t Ii : / I'

~::1I~dd~~',~lr~~',la,usl pl,nrnM/

;:'l':~~:\:!~n,B~;~~~~f .

FOflM \BO·N 0001U3
j

j

j

j

j

j

j

j

j

j

j

j

j

j

j

j

j

j

j

j

j

j

j

j

j

j

j

j

j

j

j

j

j

j

THE NE\VS-STAR

MONROE, LOUrsL:l,.~A .

PROOF OF PUBLICATION

PUblished in :\[onroe. Loui<:.c;,:1.

The herero 2ttJChed 2dve:'risenl.:nt

CERTIFIED COpy

F))j IJ3 oL':

J

5 2003 1

RECEIVED

AUG

Th i pecson ,,',10>< signo",,., 'pr'"', Jbo'e in \ 1,,,."0' L \ nn ,,I,,

~dJ" oc '_21)-.f!;J~',D

DEQ/OEAIEl'l[)I'~"I' SI:CTIO:--; REGliL,\T10N DEY:, - i'IOPi'., '". .'
THE ADVERTISER

·CERTIFIED COpy

'6/'I!/J 3 ~uJ

221 JEFFERSON STREET

Lafayette, LA 70501

Acadiana's Daily Newspaper

P.l' "

PHONE:

FAX:

l

(337) 289-6300

(337) 289-6466

AFFIDAVIT OF PUBLICATION

LYNN WILBANKS

DEPT. OF ENVI RONMENTAL QUALITY

REGULATION DEVELOPMENT SECTION

P. O. BOX 4314

BATON ROUGE, LA 70821-4314

Account No.: L-D EQRDS

Ad Number: 07525232

Ad Total: $70.00

Ad Inches: 11

**IN ORDER to insure proper credit

please refer to your account number and!

or ad number when making payment.

I, ROSE PENFOLD, do solemnly swear that I am the LEGAL CLERK of THE ADVERTISER,

a newspaper printed and published at Lafayette, in the Parish of Lafayette, State of Louisiana, and

that from my personal knowledge and reference to the files of said publication, the advertisement of

NOTICE OF INTENT

Department of Environmental Quality

__9 ffic~R.t"Envi ron m·e ofaL. ~s sess m ent

El1v,ronrifenlal Planning Division

Definition of Building Enclosure (BE)

(LAC 33:111.2156) (AQ232)

was published in THE ADVERTISER on the followi.ng dates:

'ii"It) *WEDNESDAY, JULY 16,2003

RECEIVED

AUG 4 2003

Dl:QIOEAIE!'O

RECilll..\TION D[VEl.OI',,,tENT SEClIO:"

Sworn to and subscribed before me this :< qd.,) day of July, 2003.

On010· C.- 'lJ ..1_ d
oj:5252Ji2,,·~;.:·'r-:._:~ I<:. .' I

·:.NO:l:I,c:c·Q.P·'I'NTENT

j;t~i~~[~l

~ll"I'f1' uuldo

. '-.:.:,

____ r·" .. , _ ',': '.~~~ ..' .:w(~. "ft. , ••,,1,; -.. I'
CERTIFIED COpy

1 avit of Publication

RECEIVED

JUL 2 3 lOO3

STATE OF LOUISIANA

Parish of Calcasieu

DEQ/OEA/EI'D

REGlIL.\lION DEVEI.OI'."lENT SEClIO:--:

!uly IE, 2003

BeforeZie~daU~h

who~ng duly sworn,dep~s and says:

1 !.

The attached Notice was published in said newspaper in its issue(s)

dated:

18514237 - $31.00

'Subscribed and sworn to before me this 18th day of July, 2003 at

Lake Charles, LA

He/She.is a duly authorized agent of

LAKE 'CHARLES. AlV!ER!CAN PRESS . . a newspaperpublisheddaily at 4900 Highway 90 East,

Lake Charles, Louisiana, 70615. (Mail address: P.O. Box 2893,

Lake Charles, LA 70602)

';19100876-000

'LA n'EPT OF ENVIRONMENTAL

GOOIO?
CAPITAL CIT Y P R EJ RECEIVED

Publisher of JUL 2 1 2003

TH E ADVOCATE

l.egal/publlc Notice;:s Re;:pre;:senta live;:

07/15/03

July 1~'l00~

Notary Publl

mission b.pln:51

Baton Rou9'Z, Louisiana

The;: he;:rll:1o attache;:d notice;: was

publishe;:d in THE ADVOCATE,

a daily ne;:wspape;:r of ge;:ne;:ral circulation

publishe;:d in Baton Rougc;:, Louisiana,

and the;: Official Journal

of the;: State;: of Louisiana,

the;: City of Baton Rougc;:,

and the;: Par~h of £ast Baton Rouge;:,

in the;: followng issue;:SI

Sworn and subscribll:d bldOl'Il Me by the;:

pason whose;: signature;: appe;:ars above;:l

,/

;'

DEQ - REGULAnON

PO BOX4314

BATON ROUGE LA 708l!1-4314

'265'2598 UUUlt~
RECEIVED

CERTIFIED COpy JUL 2 1 2003

AFFIDAVIT OF PUBLICA I01'-""J-'c--__---..J

DEQIOEAIEI'LJ

Notary Public

Subscribed and sworn to before me

this day of July, 2003

I, Linda V. Ward, Call Center Supervisor

of THE TOWN TALK, published at Alexandria,

Louisiana do solemnly swear that the

Public Notice

advertisement, as per clipping attached, was·

published in the regular and entire issue ofsaid

newspaper, and not in any supplement thereof

for one insertion commencing with the issue

dated July 18, 2003 and ending with the

issue dated July 18,2003.

( A Correct Copy of Publication)

OOCIOiJ
RECEIVED

DEV'OEA/EPO

KECilil.,\T!ON DI:VEl.OI'~IFI'T SITIIO:"

N

personally known to me,

t QIimez

(Signed)~~

ALTHEA C. GOODWIN, NOTARY PUBLIC

CADDO PARISH, LOUI?.IANA

MY COMMISSION l~ fOR LIFE

Altheas Critton,

PROOF OF PUBLICATI

NOTICE OF INTENT Department of Environmental Quality Office

of Environmental Assessment Environmental Planning Division

Definition of Building Enclosure (BE) (LAC 33:III.2156) (AQ232)

July 20, 2003

Sworn to and subscribed before me this 21 sl day ofJuly 2003.

Before me, the undersigned authority, personally came and appeared

Who being duly sworn, deposes and says that she is the Assistant to the

Classified Advertising Manager of The Times, and that the attached

Advertisement entitled:

STATE OF LOUISIANA

PARISH OF CADDO

As-per copy of advertisement hereto annexecC'wlsp;ublished 'in

The Times on the following dates to wit:

CERTIFIED C~

Under the authonty ot

Ihe EnvilOnmenlal OuallIy Act, R. S 30:2001 et

seq., and ,n accordance

wltl1 Ihe provisions 01 tI,e

Admlnislralive Procedure Act, R.S. 49:950 el

seq., Ihe secrelary gives

notice 1I1al rulemakmg

procedures have been Illilialed to alTlend me AIC

regula lions, LAC

33:1\\.2156 (Log

#A0232). LAC

I 33:IIIC11apler 21. Sub-

:chapler N, provides c~pi lure elliciency test procedures lor temporary or

permanent enclosure,.

Tl1e definition 0\ building

enclo,ure (BE), as used

in Ihese "'9ulatlons. IS

being amended 10 correel Ihe lederat relerence Cited in Ihe delinl-!

lion The basis and ra-.

: Ijonale lor this rule are to 'I iclarily lhelecleral citation:

I in tl1e delllllliDn at build-:

ing enclosure (BE), as'

used in Ihe regulation

TI1is proposed rUle,

meets an exception listed in R.S. 30:2019(0)(2)

and R.S. 49:953(G){3).

therefore. no report regarding

.~;,-,v i::iI mc ntal/h ea Ith

b'enef'ils . and

social/economic costs IS

required. ThiS proposed

rule has no known impact on /<Jmily lormation,

stability, and autonomy

as described' In R.S.

49:972. A public hearing

!

will be held on August

26 2003, at 1:30 p.m. in

I

'the Galvez Building"

Room C111, 602 N. Fifth

Streel, Baton Rouge, LA

1

70802. Intereste.d per- sons are Invited to attend and submit oral

comments on the proposed amendments;

SI10uid individullls With a

disability need an accommodation in order 10 par'

ticipate, contact Lynn

Wilbanks at Ihe address

given b.elow (If al (2251

765-0399. All .,nterested . m ~y V'_" '

persons are Invited to, in advance lor each copy

Itlon.

ling

on

sUbm.

the

should

it

Persons

written_r..,omments

propO"IJd

reference

comment-.

regula-I

IhIS.

.: 01

ing

inspection

regulation

A0232.

OEO olfice

IS

This

al

available

the

proposed

localil9n5

loll~w- lor

0I

(J,. /'.j~

3,.. ~.

Iproposed regulation byltrom 8 a.m. until 4:30 _L... Il !,AQ232. Such comrnents p.m.: 602 N. Fifth .•'"=-........"-----'>=:::-"-~~=::..:::o-_-.: .......e:......,...----/j'_'>...._a..jL~"__~.:....._=_ _

;must be received no lat.. Street. Salon Rouge, LA (Notary)

,er tl1an Seplember 2, 170802: 1823 Highway

,2003. ilt 4:30 p.m., and 546, 'Ner.1 Monroe. LA

should be sent to Lynnl 71292: Stale Office BuildIWilbanks. Regula.l/on De-, ing. 1525 Fairfield Ave-

,velopment Seclrun, Boxi nue. . Shreveport, LAI

14314, Baton RDuge, LA' 71101' 1301 Gadwall,

,70821-4314 or by e-mail;Street.LakeChartes.LAI

:10 lynnw@ldeQ.org., 70615': 201 Evans Road.,

Copies of lills proposed, Building 4,. Suite 420, I

regUlation can be pur-! New Orleans, LA 70123;

chased by contacting Ihe 1\ I New Center Drive.

DEO Records Mana9,e- Lafayette, LA 70508.

menl Secllon al (2,-5) 104 Lococo Drive,

765-0843 Check. 0 Raceland, LA 70394 or .- - ,,, ~"\"r IS' requlI'ed' on tile Inlemel at

.http.//www.deq.stale.la.u

s /

pia nninq/regs/index .fllm

James H. Brent. Ph.D

ASSlslanl SecrelHry

The Times: July 20.

'-1NOTiC"E;;;-NTENT

'.« Department 01 ,EnvIConmental Ouality

IOHice 01 Environmental

I

i\ssessment . ,Environmental Ptalliling

Division

Delinition 01 Building

Enclosure (BE)

(LAC 33:IIL2156)

(AQ232)
-,-..:

James H. Brent, Ph.D.

Assistant Secretary

This proposed Rule meets an exception listed in R.S.

30:2019(D)(2) and R.S. 49:953(G)(3); therefore, no report

regarding environmentalJhealth benefits and socialfeconomic

costs is required. This proposed Rule has no known impact

on family formation, stability, and autonomy as described in

R.S.49:972.

Title 33

ENVIRONMENTAL QUALITY

Part III. Air

Chapter 21. Control of Emission of Organic

Compounds

Subchapter N. Method 43-Capture Efficiency Test

Procedures

§21S6. Definitions

A. For purposes of this regulation, the following

defmitions and abbreviations apply.

BE-a building or room enclosure that contains a

process that emits voc. If a BE is to serve as a PTE or TIE,

the appropriate requirements given in 40 CFR, Part 51,

Appendix M, Method 204 must be met.

* * * 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 17:653 (July (991), amended

LR 22:1212 (December 1996), LR 23:1679 (December 1997),

amended by the Office of Environmental Assessment,

Environmental Planning Division, LR 27: 1223 (August 200 I), LR

29:

A public hearing will be held on Alfgust 26,2003, at 1:30

p.m. in the Galvez Building, Room CIll, 602 N. Fifth

Street, Baton c; ;\)';>. I to, '/0802. 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 LYI1I1

Wilbanks at the address given below or at (225) 765-0399.

All interested persons are invited to submit written

comments on the proposed regulation. Persons commenting

should reference this proposed regulation by AQ232. Such

comments must be received no later than September 2,2003,

at 4:30, p.m., and should be sent to LYI1I1 Wilbanks,

Regulation Development Section, Box 4314, Baton Rouge,

LA 70821-4314 or bye-mail to lynnw@ldeq.org.. Copies of

this proposed regulation can be purchased by contacting the

DEQ Records Management Section at (225) 765-0843.

Check or money order is required in advance for each copy

ofAQ232.

This proposed regulation is available for inspection at the

following DEQ office locations from 8 a.m. until 4:30 p.m.:

602 N. Fifth Street, Baton Rouge, LA 70802; 1823 Highway

546, West Monroe, LA 71292; State Office Building, 1525

Fairfield Avenue, Shreveport, LA 71101; 1301 Gadwall

Street, Lake Charles, LA 70615; 201 Evans Road, Building

4, Suite 420, New Orleans, LA 70123; III New Center

Drive, Lafayette, LA 70508; 104 Lococo Drive, Raceland,

LA 70394 or on the Internet at http://www.d~q.state.la.us/

planninglregs/index.htm.

TO

Don 1. Hutchinson

Secretary

Robert E. Hosse

General Government Sectio

Legislative Fiscal Office

NOTICE OF INTENT

ted there will be no effect on c mpetition and

his Rule merely clarifies existing l wand Rules.

1. ESTIMATED lNlPL

STATE OR LOCAL G RNMENf

There is no antici ated costs r savings to implement

proposed Rules to state r local gO'l mmental units. This Rule

wiU be implemented b existin staff administering this

program.

II. ESTIlvlATED EFFECT ON E COLLECTIONS OF STATE

OR LOCAL GOVERNtvlENf S (Summmy)

It is estimated this Rule ill have no effect on revenue

collections of the state. This u e merely clarifies existing law

and rules. This Rule does no effe t local government.

III. ESTIMATED COSTS A' lOR CONONIIC BENEFITS TO

DrRECTLY AFFECTED PONS R NONGOVERNMENTAL

GROUPS (SlUTImmy)

No significant co s or econo ic benefits to directly

affected persons or n I-governmental roups are anticipated.

This rule merely cl, ifies existing la~ and rules. Louisiana.

Certified Capital ompanies will r lize an intangible

non-economic ben It in that they will be' Ie to structuretheir

investment transa ions with more certain as to the effect of

the specific struc Ire.

IV. ESTIJVlATED E. ECT ON COtvlPETlTION Al'. F.MP!J?YlvtENT

.(Summmy)

It is esti

employment

Baton uge, LA 70804-9185; 1051 North Thir Street,

Baton R uge, LA 70802; FAX 225-342-9448; r email

hOLlse@le state.la.us.

Defmition 0 f Building Enclosure

(LAC 33 :III.2156)(AQ232)

Department of Environmental Quality

Office of Environmental Assessment

Environmental Planning Division

FISCAL AN ECONOMIC IMPACT S

FOR DMINISTRATIVE R

RULE TITL : Capital Companie Tax Credit

Pro am-Notes Receiv' Ie

Under the authority of the Environmental Quality Act,

R.S. 30:2001 et seq., and in accordance with the provisions

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

secretary gives notice that rulemaking procedures have been

initiated to amend the Air regulations, LAC 33 :III.2156 (Log

#AQ232).

LAC 33 :IILChapter 21, Subchapter N, provides capture

efficiency test procedures for temporary or permanent

. enclosures. The defmition of building enclosure (BE), as

used in these regulations, is being amended to correct the

federal reference cited in the defmition. The basis and

rationale for this Rule are to clarify the federal citation in the

definition of building enclosure (BE), as used in the

regulation.

Louisiana Register Vol. 29, No. 07 July 20, 2003 1220

OOUll1
the amo ot calculated may not cause the penalty subt al to

exceed t e maximul12 penalty amount allowed by law. cash

penalty s uld be collected unless it has been demo trated

and docu ented that the violator cannot pay t e cash

penalty.

H. - J.

AUTHORJ Promulgated

30:2050.3

HISTORJCAL NOTE: Promulgated by the D

Environmental Q Iity, Office of the Secretary, LR

1999), amended the Office of Environment Assessment,

Environmental Plan ing Division, LR 25:2400 (D cember 1999),

LR 29:

A public hearing ill be held on August 2 , 2003, at 1:30

p.m. in the Galvez Building, Room CII , 602 N. Fifth

Street, Baton Roug LA 70802. Intere ted persons are

invited to attend and s bmit oral commen on the proposed

amendments. Should' dividuals with a disability need an

accommodation in or er to particip te, contact Lynn

Wilbanks at the address g ven below or t (225) 765-0399.

All interested persons are invite to submit written

comments on the propose regulation Persons commenting

should reference this propo ed regu tion by OS051. Such

comments must be received later an September 2,2003,

at 4:30 p.m., and should e s nt to Lynn Wilbanks,

Regulation Development Sectl n, ox 4314, Baton Rouge,

LA 70821-4314 or bye-mail to I w@ldeq.org. Copies of

this proposed regulation can be rchased by contacting the

DEQ Records Management S tion at (225) 765-0843.

Check or money order is requ' d'n advance for each copy

of OS051.

This proposed regulation is availa Ie for inspection at the

totlowirig DEQ office locatw lS from 3 a.m. until 4:30 p.m.:

602 N. Fifth Street, Baton R uge, LA 0802; 1823 Highway

546, West Monroe, LA 7I 2; State fice Building, 1525

Fairfield Avenue, Shreve ort, LA 7I 0 I; 130 I Gadwall

Street, Lake Charles, LA 0615; 201 Ev ns Road, Building

4, Suite 420, New Orl ns, LA 70123; III New Center

Drive, Lafayette, LA 7 508; 104 Lococo rive, Raceland,

LA 70394 or on the r temet at http:// .deq.state.la.us/

planning/regs/index.h

CONOMIC IMPACT STA

FOR MINISTRATIVE RULES

RULE TITL : Penalty Determination Metho ology

I. ESTlN1ATED IMPLEMENTATION COSTS (SAVIN S) TO

STATE OR AL GOVERNMENT UNITS (Surrunruy)

This ru revision will result in no implementation c sts or

savings to tate or local governmental units.

1I. ESTlN1A D EFFECr ON REVENUE COLLECTIONS OF S

OR LOC GOVE.RNtvlENTAL UNITS (Summary)

This rule revision will have no effect on reve ue

collecti ns.

III. EST TED COSTS AND/OR ECONOwlIC BENEFITS T

DIRE Y AFFECTED PERSONS OR NONGOVE.RNtvrENT

GRO (Surrunary)

his rule revision will have no costs and/or economic

be fits to directly affected persons or non-governmental

groups. This rule change has no impact on the methodology for

calculating a penalty.

Robert E. Hosse

General Government Section Director

Legislative Fiscal Office

lames H. Brent, Ph.D.

Assistant Secretary

0307#029

FISCAL i-~D ECONOMIC IMPACT STATEMENT

FOR ADMINISTRATIVE RULES

RULE TITLE: Detinition of Building Enclosure

NOTICE OF mTENT

Depart ent of Environmental Qu' ity

OUice Environmental Assess '. nt

Enviro mental Planning Divj , on

1. ESTItvlATED lMPLEMENTATlON COSTS (SAVINGS) TO

STATE OR LOCAL GOVERNi'vrENT UNITS (Surrumlly)

There will be no costs or savings to state or local

governmental units for this proposed Rule.

IT. ESTItvlATED EFFECr ON REVENUE COLLECTIONS OF STATE

OR LOCAL GOVERNi'vrENTAL UNITS (Surrumlly)

There will be no effect on revenue collections of state or

local governmental units as a result of this Rule.

ill. ESTlN1ATED COSTS AND/OR ECONOwlIC BENEmS TO

DIRECfLY AFFECTED PERSONS OR NONGOVERNMENTAL

GROUPS (Surnmruy)

There will be no costs and/or economic benefits to persons

or non-governmental groups as a result of this Rule.

N. ESTlN1ATED EFFECT ON COMPETITION AND ElvLPLOYMENT

(Surrunruy)

This proposed Rule will have no effect on competition or

employment.

Under the authority 0 the Envir ental Quality Act,

R.S. 30:2001 et seq., and' accord ce with the provisions

of the Administrative Proced re Ac , R.S. 49:950 et seq., the

secretary gives notice that rul a mg procedures have been

initiated to amend the Office the Secretary regulations,

LAC 33:I.705 (Log #OS051).

The proposed Rule will cl ify the portion of the

regulations on penalty c culat ns that requires the

department to take into ac unt an monetary benefits the

violator may have reaIi d throug noncompliance. The

Rule change was sugges ed by EPA a a result of a Water

Program audit. The ba s and rationale for this rule are to

incorporate the langu ",e suggested by PA to clarify the

regulations.

This proposed Ie meets 'an exceptio

30:2019(D)(2) an R.S. 49:953(G)(3); ther ore, no report

regarding enviro entallhealth benefits and so ial!economic

costs is require This proposed Rule has no own impact

on family fo tion, stability, and autonomy as

R.S.49:972.

Title 33

ENVIRONlVIENTAL QUALITY

Part 1. Oftice of the Secretary

t 1. Departmental Administrative Procedu

7. Pen alties

§70S. Penalty Determination Methodology

- F.

The department shall consider the monetary benefits

alized through noncompliance. Any monetary benefits.,

calculated may be added to the penalty subtotal. However, .

Inl Louisiana Register Vol. 29, No. 07 July 20, 2003
Public Participation
in accordance with R.S.

Under the authority of the Environmental Quality Act,

R.S. 30:2051 et seq., the secretary gives notice of proposed

general revisions to the air quality State Implementation Plan

(SIP). The revisions include amendrrents to various air

quality rules in LAC 33:III.Chapters 9 and 21 that were

previously promulgated in 2003, and that were not

previously included in other revisions to the SIP.

A public hearing will be held on March 26, 2004, at 1:30

p.m. in the Galvez Building, Oliver Pollock Conference

Room Clll, 602 N. Fifth Street, Baton Rouge, Louisiana.

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 Judith Schuerman, Office of

Environmental Assessment, Regulation Development

Section, Box 4314, Baton Rouge, LA 70821-4314 or at

(225) 219-3550. Free parking is available across the street in

the Galvez parking garage when the parking ticket is

validated by department personnel at the hearing.

All interested persons are invited to submit written

comments on the proposed 2003 SIP general revisions.

Comments must be submitted no later than 4:30 p.m. on

April 2, 2004. Comments should be mailed to Sandra Hilton,

Office of Environmental Assessment, Plan Development

Section, Box 4314, Baton Rouge, LA 70821-4314 or faxed

to (225) 219-3582. Copies of this document can be

purchased by contacting the DEQ Public Records Center at

(225) 219-3168. A check or money order is required in

advance for each copy of the document.

A copy of the general revisions to the SIP may be viewed

Monday through Friday, from 8 a.m. to 4:30 p.m., at the

Department of Environmental Quality

Office of Environmental Assessment

Environmental Planning Division

2003 State Implementation Plan (SIP) General Revisions

POTPOURRI

C. Appeal of Denia.l or Revocation. A rerson who has

been denied issuance or renewal of a certificate or who has

had a certificate revoked may appeal t e action in

accordanc~vith R.S. 30:2024(A).

AUTHORITY,NOTE: Promulgated in acc dance with R.S.

30:2001 et seq. "-

HISTORICAL NOrE: Promulgated the Department of

Environmental Quality\office of Soli nd Hazardous Waste LR

16:614 (July 1990), a~e~ed LR 17' 58 (July 1991), amended by

the Office of Environmenta Asse ment, Environmental Planning

Division, LR 30:

§1313. UST Certilicatio

Repealed.

AUTHORITY NOTE' in accordance with R.S.

30:200 I et seq.

HISTORICAL N E: Promulgated y the Department of

Environmental Q ity, Office of Solid an Hazardous Waste LR

16:614 (July 19 ), amended LR 17:658 (J~v 1991), repealed by

the Office of nVlronrnental Assessment, En~onmental Planning

DIVIsion, L 30.

James H. Brent, Ph. .

Assistant Secretary

040 032

3~ 00113

nd Administration of

T e department shall update

s curity of examinations, and

***

UST Certification Board repealed.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2001 et seq.

HISTO CAL NOTE: Promulgated by the Depa nt of

Environm tal Quality, Office of Solid and Hazardous W ste LR

16:614 (Jul 1990), amended LR 17:658 (July 1991), am ded by

the Office Environmental Assessment, Environmental Planning

Division, LR! 30:

§1307. Ce tification Examinations

A...'

B. Source of Examination Questions. Ques

the examina on shall be derived fro standards,

instructions, a d recommended practices a listed on the

department's w site under permits/ustwor ertstudyguide.

Additional que ions may be derived om regulations

adopted by the d partment and from stat and federal laws

pertaining to US1" ystem installation, rep ir, or closure.

C. Administrati n of Examinations

I. Examinatio s shall be conduc ed by personnel of

the department or pe ons designated b the department.

2. Beginning a er July 20, 19 I, the department or

persons designated by the departme t shall conduct written

examinations at such ti es and loc tions within the state as

the department may des onate in 0 der to identify persons as

being qualified to receiv US1" ce ification.

C.3. - E.

F. Revision, Securi,

Certification Examination

examinations, preserve the

administer examinations.

AUTHORITY NOTE: Pro

30:200 I et seq.

HISTORICAL NOTE: Pr mul ated by the Department of

Environmental Quality, Offi of lid and Hazardous Waste LR

16:614 (July 1990), amende LR I '658 (July 1991), amended by

the Office of Environment I Assess ent, Environmental Planning

Division, LR 30:

§131l. DenialofIss ance or Re ewal of a Certificate or

Revocation fa Certificat

A. Should an ap~ icant be denied issuance or renewal of

a UST certificate or hould a person's ertificate be revoked,

the reason or retass for such denial revocatIOn ~hall be

set forth in writ" g to the person b the administrative

authority.

B. POSSlbll[asons for denial of issua ce or renewal of a

certificate or or revocatIOn of a certi cate include the

following:

1. fail e to achieve a passing

.

grade

3on the wntten

examinatIOn escribed in LAC 33:XI.1307;

2. fa' ure to submit required documenta 'on;

3. p evlOUS revocation of a certificate~eld by the

applicant·

4. evidence of fraud or deceit With espect to

ntation required by and submitted to the d artment;

5. failure to present the identification c rd upon

reque t of a department representative at a UsT.lystem

inst lation, repair, or closure;

6. willful violation of the laws and regulatl ns of

Lo isiana regarding UST system installation, repa\r, or

cl sure; or •

7. any other cause that, in the opinion of the

dministrative authority, constitutes adequate grounds for

denial or revocation of a certificate.

Louisiana Register Vol. 30, No.2 February 20, 2004
following DEQ locations: 602 N. Fifth Street, Baton Rouge,

LA 70802; 1823 Highway 546, West Monroe, LA 71292;

State Office Building, 1525 Fairfield Avenue, Shreveport,

LA 71101; 1301 Gadwall Street, Lake Charles, LA 70615;

201 Evans Road, Building 4, Suite 420, New Orleans, LA

70123; III New Center Drive, Lafayette, LA 70508; 104

Lococo Drive, Raceland, LA 70394 or on the Internet at

http://www.deq.louisiana.gov/planninglregs/index.htm.

James H. Brent, Ph.D.

Assistant Secretary

0402#031

POTPOURRI

Office of the Governor

Division of Administration

Office of Risk lVlanagement

New Mailing Address

Due to the large volume of mail that the Office of Risk

Management receives annually, it has become nece.!lsary for

us to acquire our own unique post office box number. This

will facilitate the timely distribution of incoming mail. We

will begin utilizing our new post office box effective,

February 1,2004, and ask that all correspondence be sent to

the new address listed below.

Office of Risk Management

Post Office Box 91106

Baton Rouge, Louisiana 70821-9106

The physical address and telephone numbers remain the

same. For additional information, please visit our website at

http://doa.Louisiana.gov/orm..

J. S. Thompson, Jr.

Director

0402#085

POTPOURRI

Department of Natural Resources

Of1ice of Conservation

Orphaned Oilfield Sites

Office of Conservation recorCls' indicate that the Oilfield

Sites listed in the table below have met the requirements as

set forth by Section 91 of Act 404, R.S. 30:80 et seq., and as

such are being declared Orphaned Oilfield Sites.

Allan

Wentworth Land

Com any

Siesta Oil & West M Urania A-I 117550

hpl.Co., Catahoul Lumber

Inc. • Lake Company

Muslow 0,1 Caddo S Muslow 990449

Co. Pine

lsland

Temple Golden L John I 1 055637 I

Hargrove et Meadow Plaisance

at. Unit I

D G. Scott Eol. M A. Mizer 1 013470

E.T. Nichols Trout M Corley 1 44853

Creek et al.

Chenola Oil Eola M Ritchie I 23773

Corporation Grocery (30)

Chenol. Oil Eola M Ritchie 2 23764

Corporation Grocery (30)

Chenola Oil Eola M Samuel 2 24534

II Corporation I Haas Est. (30)

James H. Welsh

Commissioner

0402#042

POTPOURRI

Department of Social Services

Office of Community Services

2004 Louisiana Emergency Shelter Grants

Program Anticipated Funds Availablity

The Louisiana Department of Social Services (DSS)

anticipates the availability of $1,480,263 in grant funds for

distribution to applicant units of local government under the

2004 State Emergency Shelter Grants Program (ESGP).

Program funds are allocated to the State by the U.S.

Department of Housing and Urban Development (RUD)

through authorization by the Stewart B. McKinney

Homeless Assistance Act, as amended. Funding available

under the Emergency Shelter Grants Program is dedicated

for the rehabilitation, renovation or conversion of buildings

for use as emergency shelters for the homeless, and for

payment of certain operating costs and social services

expenses in connection with emergency shelter for the

homeless. The Program also allows use of funding in

homeless prevention activities as an adjunct to other eligible

activities. As specified under current State ESGP policies,

eligible applicants are limited to units of general local

government for all parish jurisdictions and those municipal

or city governmental units for jurisdictions with a minimum

population of 10,000 according to recent census figures.

Recipient units of local government may make all or part of

grant amounts available to private nonprofit organizations

for use in eligible activities.

Application packages for the State ESG Program shall be

issued by mail to the chief elected official of each qualifying

unit of general local government. The application package

can be viewed on the Internet at the following website:

http://www.dss.state.la.us/departments/dss/rfps.htm!.In

order to be considered for funding, applications must be

received by DSS/Office of Community Services by 4:00

p.m., Friday, April 2, 2004.

Nonprofit organizations in qualifying jurisdictions which

are interested in developing a project proposal for inclusion

in an ESGP funding application should contact their

respective unit of local government to advise of their

interest. To be eligible for funding participation, a private

nonprofit organization as defined by ESGP regulations must

be. one which is exempt from taxation under subtitle A of the

Internal Revenue Code, has an accoLlntin~ system and a

Il/Nfl·· . , ouul.l t

::: Louisiana Register Vol. 30, No.2 Febryary 20, 2004
""'" .'. '.. ~EDCOpy ~ht ~tmeS-1~tcal1Uttt (;J/If!/) Y== t-LU =

3800 HO'N.A.RD AVE. NEW ORLEANS, LA 70125·1429 TELEPHOt\jE (504) 826-3206

Sworn to and subscribed before me this

f1:BPDARY .. 2004 ---;'/<--:"77· ,1-JtJ-/'/~7 /

--t-/--L/"~7L L., /~ !

G/ . j .. Notary PubM

My commission expires at my death,

13th day of -----

BAI0NOOUGEr LA. 70821-4313

P.O. BOX 4314

on the following dates FEBRUAllL13 , 20~ _

Was publIshed In THE TI!1ES PICAyUNE

LEGAL rnrlCE=------------------- RE: FOTFDURRI DEPT'. OF ENVIRONMETN'!'J.I QUALITY 2003

STATE IMPLEMEHrATION PU\N (SIP} GENERt.\L RE:.VI SIGNS

0402Potl )

Advertisement of DEPT. OF E1'NIRJr-..'MENTAL QUALITY

Parish of Orleans

Personally appeared before me, a Notary in and for the

parish of Orleans, Robert J, Chlasson who deposes and

says that he is the Accounts Receivable Manager, of

The Times-Picayune Publishing Corporation, a Louisiana

Corporation, Publishers of The Times-Picayune, Daily

and Sunday, of general circulation; doing business in the

City of New Orleans and the State of Louisiana, and that

the attached

State of Louisiana

City of New Orleans

--

\

\

\

\

/

/
POTPOURRI

February 16, 2004

Before me, the undersigned authority, personally came and appeared

personally known to me,

DIANA W. B,A:fiBE'R, tIl,OTARY PUBLIC

CADDO PARISH, LOUISIANA

MY COMM,I 55 ION I S FOR LIFE , ,. 1I \ ( ,

Altheas Critton,

Sworn to and subscribed before me this 16th day of February 2004

(Signed)--,~,-==-=--==, =---,,~==-'-==-=--.:...=--~

As per copy of advertisement hereto annexed, was published in

The Times on the following dates to wit:

NOTICE OF INTENT Department of Environmental Quality

Office ofEnvironmental Assessment Environmental Planning Division

Advance Notice ofProposed RulemakingUnderground Storage

Tanks Regulations (0402Pot2)

STATE OF LOUISIANA

PARISH OF CADDO

Qrhr G1imc~

Who being duly swom, deposes and says that she is the Assistant to the

Classified Advertising Manager of The Times, and that the attached

Advertisement entitled:

__ ~~h\il (Notary)ik.~

a I \ http://www,deq,lou~siana.

gov/planning/regs/lndex. ,

;htm,

"James H, Brent, Ph,D, \

; .. Assistant SecretalY

!The Times;

'February i6, 2004

A copy 01 the general reo

visions to Ihe SIP may

be viewed Monday

through Friday, from 8

a.m, to 4:30 p,m., at the

followlng'DEC locations:

602, N, Filth Slreel, Balon Rouge" LA 70802;

182.3 Highway 546, West \

MonrOe, LA 71292;Slale

Ottice Building, 1525

Fairfieid Avenue, Shreveport, LA H101; 1301

Gadwall Sireet, Lake

Charles, LA 70615; 20 j

Evans Road; Building 4,

Suite 420, New Orleans,

Lc.. 70123; 111 New Cenler Drive, Lafayette, LA

70508; 104 Lococo

Drive, Raceland, LA

70394 or on the Internet

Department 01 Environmental Ouali~1

Ottice of Environmental,

Assessment ;

Environmental, Planning: DiviSion ' ' ,~

!

2003 State ImPlementa-'

lion Plan (SIP) General

Revisions

(0402Potl) I

Under the authonty at

the Environmental Ouali-I

ty Act, R,S, 30:2051 etr

seq,; the secretary gives

notice ot proposel) gener-I

al revisions to the air

quality Siale Implementa-I

lion Plan (SIP), The revisions Include amend·'

menls 10 variOus air quali·/

tv rules in LAC:

33:III.Chaplers 9 and 21

that were previously pro-

,mulgated in 2003, and

I thai were not previously

',included ,n' other revi· Isions to the SIP, '

I"A public hearing will be

\held an March 26, 2004, r ,at 1:30 p,m, In the

'Galvez Building, Oliver

Pollock Conference,

Room Clll, 602 N, Filth i

Sireel, Balon Rouge, I

Louisiana, Interested;

persons are invited 10 at-,

tend and submit oral,

comments on the pro-;

posed amendments.:

Should individualS With a

disability need an accom-:

modahon in order 10 par·

ticlpate, conlacl Judith

Schuerman, Ottice 01 En·

vironmental Assess·

m'enl, Regulation Devel·

'opmenl Seelion, Box

4314, 8alon Rouge, LA

70821-4314 or al(225)

219-3550, Free parking I

is available across the:

street in the Galvez park·,

ing garage when the I

parking lickel is validat-:

ed by department per-;

sonnel at the hearing. I,

All interested persons;'

are invited to subm'il writ· "

len comments on Ihe pro· I

:posed 2003 SIP general \

:reviSlons., Co'mmellts

'muSI be submilted no lat·

er than 4:30 ~.m. _on,

April 2, 2004, Comments r

should be mailed to san·l

dra Hlllon, OHice 0/ Environmenlal Assessment,;

Plan Development Sec·'

tion, Box 4314. Baton:

Rouge, LA 70821.4314 ,

or faxed to (225) 2 j 9-,

3582. Copies of this'

document can be pur· i

chased by contacting Ihe

Records Management

Section at (225) ,765-

0843, A check o'money

order is required in advance for each copy 01

the document.
RECEEVED

CERTIFIED COpy

:I/.23/~ L/ Xv.J

221 JEFFERSON STREET

LAFAYETTE, LA 70501

,

Acadian.' s Daily Newspaper IF 32004 I

IS R I IAQiOEAIEPO ---J THE ADVERT E t~~!'L.\nON OEVfI.OPf-iUH sl:n~

PHONE: (337) 289-6300

FAX: (337) 289-6466

AFFIDAVIT OF PUBLICATION

Lynn Wilbanks

Department of Environmental Quality

Regulation Development Section

P. O. Box 4314

Baton Rouge, LA 70821-4314

Account No.: L-D EQRDS

Ad Number: 07527123

Ad Total: $60.00

Ad Inches 9

Reference No.: Notice No. 0402Potl

**IN ORDER to insure proper credit please

refer 10 your account number and/or ad number

when making payment.

I, ROSE PENFOLD, do solemnly swear that I am the LEGAL CLERK of THE ADVERTISER,

a newspaper printed and pUblished at Lafayette, in the Parish of Lafayette, State of Louisiana, and

that from my personal knowledge and reference to the files of said pUblication, the advertisement of

POTPOURRI

Department of Environmental Quality

Office of Environmental Assessment

Environmental Planning Division

2003 state I mplementation Plan (51 P) General Revisions

(0402 pon)

was pUblished in THE ADVERTISER on the following dates:

*Thursday, February 12, 2004

) ROSE PEN2(' LD

Lega I ClerK

Sworn to and subscribed before me this 12 ch day of February, 2004.

&~~ NOTARY PUBLIC

OUOl17
.'

.. :.;

000118

. "':'., ~-'.;

._-_." ~----- .... . .' --- .....

rr'~""'-I

;:, ,,;:

';..-.::'::::'".. :;-_-:"~'. ::';'".-:;;- .....;;.'; -~',:~,:.~" -,- ..~, ."..

".