# State ofLouisiana Department ofEnvironmental Quality

KATHLEEN BABINEAUX BLANCO GOVERNOR



### September 14,2004

MayorRichardE. Greene Regional Administrator US EPA Region6 (6RA) 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 RE: 2003 General Revisions to the State ImplementationPlan DearMayorGreene: MIKE D. McDANIEL, Ph.D. SECRETARY

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### The State ofLouisianahas 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 staffthrough James H. Brent, Ph.D., at (225) 219- 3488 if youhave any questions. Bestwishes and warmpersonalregards.

Mike D. McDaniel, Ph.D. Secretary 

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c: WilbertF. Jordan Thomas Diggs GovernorKathleen

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### v IU (J \1 Office ofthe 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" " 

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### 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 PROOFOFPUBLICATION 113 PUBLIC HEARIN"GTRANSCRIPT 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 LouisianaDepartmentofEnvironmental Quality (LDEQ) is incorporating revisions made to regulations includedin the Louisiana SIP. All ofthe revisedregulations incorporate changes made during 2003, which have not yetbeen sent to EPA for approval and inclusion in Louisiana's SIP. 

## AUTHORITY Revisions or adoptions to the Air Quality rules andregulations are made in accordance with LouisianaR. S. 30:2019. The SIP revision is'made in accordance with 40 Code ofFederal Regulations (CFR) Part 51Appendix V and policy establishedby EPA Region 6.

# SUMMARY OF RULES PROMULGATED IN 2003

### SUMMARY OFRULES PROMULGATED IN 2003 I, LouisianaRegister ":"".'

, 

### 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 December2003 Emissions Inventory, Revises rule to follow requirements ofthe 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 oroperators offuel dispensing facilities are allowed to LR 29:557 Recovery continue to use Stage IIVapor Recovery Systems or equivalents that were AQ225 Systems certified by CARB on orbefore March 31, 2001. 2156 October2003 Definitions of Corrects areference to 40 CFR Part 51 Appendix M Method 204 that does LR 29:2038 Building not exist. AQ 232 Enclosures

# AQ220RULE Department ofEnvironmental Quality

OlTice ofEnvironmental 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 ofthe 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 specifically 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 required. 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 ofthe 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 December20, 2003 HISTORICALNOTE: Promulgated by the Department of EnvironmentClI Quality, Office ofAIr 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 ofeach 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.

AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office ofAir Quality and Nuclear Energy, Air QUCllity Division, LR 13:741 (December 1987), amended by the, Office ofAir 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 ofthe 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 nonattainment parish is required to report ifthe facility emits or has thepotential to emit anyone or more ofthe following: a. 10 tons per· year (TPY) of volatile organic compounds (VOC); b. 25 TPY ofnitrogen oxides (NO,);

2776



# 00 U0**U:~**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 oflead (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 ofYOC; b. 100 TPYofNO" CO, S02, PM LO, orPM25 ; or . c. 

### 5 TPY ofPb. 3. Any facility located 10 an attainment parish is required to report ifthe facility emits or has the potential to emit anyone or more ofthe following: a. 100 TPY of VOC, NO" CO, S02, PM 10, or 

### PM2.5 ; or b. 5TPY ofPb. 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 oftoxic 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 orcategories are exempted. B. Types ofInventories 

### 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).dofthis 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 ofthis 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 ofemissions 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 ofthis Section, the term actual emissions is the calculation or estimate ofthe actual emissions ofa 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 ofan 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 ifthere 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 consideredfor the purpose ofdetermining significant change. A significant change is defined as the lesser ofthe 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 ofoperations at the facility. c. An update to the minimum data submitted in accordance with Paragraph 8.5 ofthis 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 ofthis 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 ofthe three-month period ofgreatest 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 ofthe 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 December20, 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 ofthe 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 offacility; 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 ofthe 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 ofCEMS 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.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office ofAir 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 AirPollutant Emission Control Program SubchapterA. 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 ofemissions 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 ofemissions 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. Ifthe 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 criteriapollutant 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 December20, 2003AUTHO TYNOTE: Promulgated in accordance 22, HIST CALNOTE: Promulgated by the Departm nt of Environ ental Quality, Office ofSohd 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 Environmental 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 (December2003). 

# ...... 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 ofused 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, 

### Ythe House Environmental Committee and Senate Com ittee on the Environment. ese amendments remove the ew definition ofeligible tire t at was proposed and rewor new language in § I0525 .A. 1 to clarify that processors an accept both program-eligible a d ineligible tires, but 0 ly be reimbursed from the Waste Tir ManagementFund 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 dealerunder a tire arranty by the ti manufacturer. Tire adjustments are initia edby 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 ofthe 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 ofany 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 ofemissions ofall 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 ofperjury, that the emissions data provided is accurate to the best ofmy knowledge, information, and belief, and I understand that submitting false or misleading information will expose me to prosecution under state regulations." B.
- D.2

.... AUTHORlTYNOTE: Promulgated in accordance with R.S. 30:2060 and R.S. 30:200I et seq.

HISTORlCALNOTE: 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: I022 (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 December20, 2003 

# OUGOU6

## ·MAN, MILLER, HAWTHORNE, 

# D'ARM.OND, McCOWAN & 

## JARMAJ.'\I, 

# L.L.P.

IIATON ROUGE NEW OR-LEANS COVINGTON LAKECHARLES PLAQUEMINE ATTORNEYS AT LAW nVENTY-SECOND FLOOR ONE AMERICAN PLACE BATON ROUGE, LOUlSJA,l\IA 70825 MAllJNG AOORFSS POSTOFFICE BOX 3513 BATON ROUGE. LOUISIANA70821,3513



## October 1) 

## 2003 TELEPHONE: (225) 387-099'1 FACSIMILE: (225) 388-9133 w"'

.....",ke<lnmiIJer,com

KYLE BEALL

- PART:\ER (225) J82·J493 Email Address: kyle.bcall@kcanmillcr.com



## Ms. Lynn Wilbanks Louisiana Department ofEnvironmental Quality Regulation Development Section P.O. Box4314 Baton Rouge, Louisiana 70821-4314 

## Hand-Delivered

Re: Comments ofthe 

## LouisianaChemical Association to AQ-220 Emission InventoryReporting Amendments OurFileNo.: 3645-72 Dear

## Ms. vVilbanks: Attached are the comments of the Louisiana Chemical Association ("LCA") concerning the proposed revisions to the LouisianaAir 

## Quality Regulations (Log No. AQ220). 

## LeA requests that these comments be placed in the administrative record ofthis proposed mlemaking and thatthe LDEQ respond to each ofthe attached comments. LCAappreciates the opportunity

## tocomment on 

## the proposed amendments. Ifyou have any questions, I

## canbe 

## reached at (225)382-3493 orkyle.beaU@keanmi1leLcom. Very trulyyours,

Kyle 

## B. Beall



# lJOUOU7

### COMMENTS OFTHE LOUISIA.'lA CHEMICAL ASSOCIATION CONCERNING THE PROPOSED REVISIONS TO

## LAC 33:III.211, 918, 919, 

## AND 5107 (LoG

## No. AQ-220) 

## 1. INTRODUCTION 

## TheLouisianaChemicalAssociation("LCA")appreciatestheopportunitytocomment on the proposed revisions to the Louisiana Air Quality Regulations, LAC 33:III.21l, 918, 919, and 5107, Log No. AQ-220. The proposedrevisions concern the annual emissions inventory; toxicsemissionsreportingrequirements, andrelatedfeemethodologyrequiredby theLouisiana AirQualityRegulations. LeA 

## requests thatthese commentsbeplacedinthe administrative record ofthis proposed rulemaking and that the LDEQrespondto each of these comments. LeAis a nonprofitLouisianacorporation, composcdof76members located atover 105 plant sites in Louisiana. Most, if

## not all, LeA 

## members willbe substantially affected bytheproposed amendments setforth inAQ-220. Theproposedamendments will causea significantfiscalimpacttoLeA'smembercompanies,exceeding$1 millionintheaggregate. LCA'5commentsontheproposedrevisionstotheLouisianaAirQualityRegulationsfollow. LCA hereby adopts and incorporates by reference those comments on theproposed revisions to theAir Quality Regulations, LogNo. AQ-220, made bymembers ofLCA and the LouisianaMid-ContinentOil and GasAssociation, to the extentsuchcomments arc not inconsistentwith the comments made hereinby LCA. In general, LCAappreciatestheeffortsbytheLDEQtoreviseandstreamlinecertain portions ofthe reporting requirements setforth inthis rulemaking. However, as discussed below, LeA

## alsorequests thatthe emissions inventoryandreporting systembe designedin suchawaythatmeaningful, consistent, and statisticallyrelevantinfonnationisprovidedby theregulatedcommunityinreportstotheagency. Tothatend,LeA

## requeststhatthespecific 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 RiskIBenefitReport 

## LDEQ failed to provide acost-benefitanalysis fortheproposedrevisions as requited underLa. R.S. 30:2019.Dand also failed to provide arisk-benefitreportas requiredbyLa. R.S.49:953.G. The LeA 

## disagrees with the LDEQ's statementin the Notice ofIntentthat the "proposedrulemeets an exceptionlistedinR.S. 30:2019(D)(2) andR.S. 49:953(G)(3)." Asdiscussedbelow, 

## itis clearthatnone ofthe exemptions inLa. R.S. 30:2019 or49:953.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 identicalto afederal law orregulationapplicableinLouisiana; (3)willcost the state and affectedpersons less than $1 million, inthe aggregate, to implement; or (4) is an emergencyruleunderR.S. 49:953(B). The proposedrevisions do notmeet any ofthese exemption criteria. This statutewas adoptedbytheLouisiana Legislaturepreciselyto address thetype of revisions that LDEQ is proposing in AQ-220. It

## is clearthatthe legislature wanted a costbenefitanalysisanytimetheproposedrulemakingdeviatesfromfederalrequirements,unless the impact ofsuch astaterulemaking is very small. This approach makes sense as federal regulationsmustundergo acost-benefitanalysis already; thus, ifthefederal governmenthas completed acost-benefitanalysis, thenLDEQ neednotrepeatit. But, where therehasbeen no such analysis and where the impact on the state or affected persons is morc than S1 million, then a cost-benefit analysis mustbe prepared. Theproposedrevisions arenotrequiredforcompliancewithaspecificfederal law or regulation and arenotidentical to any federal law orregulation 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. Thepotential costandburdentotheregulatedcommunityandtothe LDEQbasedon 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 unnecessarypernlitapplications as aresultoffrequentchanges in emissionfactors formany pieces ofequipmentlocated atsuchfacilities. In addition, theresources required to account forinsignificantemissions ateachregulatedfacilitywill, byitself, costthestateandaffected persons more than $1 million,inthe aggregate, toimplement. Theseaspects oftherule arid others must have acost-benefit analysis underLa. R.S. 30:2019. Inaddition,theproposedchangetoLAC33:IlI.919.B.l and9 19.B.5.fthattheAnnual Emission Statementinclude emissions from "insignificant sources" will 

## have a significant fiscal impactto industry (possibly over$1 millionperyear), and, therefore, triggerthe cost benefitrequirements ofLa.

## R.S. 30:2019. This would be especiallytrueforthe initial year due to the requirementto collect and inputdata such as stackheights, stackgas tlowrates, and emission factors forthese minorsources ofemissions. Finally, theproposedchangeto LAC 33:III.51

## 07.B will cause asignificantfiscal impactto industryiffacilitics arerequired to report emissions to the LDEQ which are below areportable quantity.

Page 2 of 11 

# GOUGUS

## TherisklbenefitreportrequiredbyLa.RS.

## 49:953.G,which

## hasnotyetbeenprepared by

## LDEQ, contains requirements similarto those of

## La. R.S. 30:2019. La. RS. 

## 49:953.G provides: G. (1) Prior to or concurrent with publishing notice ofanv proposedpolicy, standard, or regulation pursuant to Subsection A 

## ofthis sectionand priorto promulgating anypolicy, standard, ortinal regulationwhether 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 areport, orasummary ofthe report,inthe LouisianaRegister which includes: (a) A 

## statementidcntifying thespedficrisksbeingaddressedby

## the pollcy, standard,orregulationandanypublished,peer-reviewed scientific literature used by the department to characterize the risks. (b) A comparative analysis ofthe risks addressed by thepolicy, standard, or regulation relative to other risks ofa similar or analogous nature to which the public is routinely exposed. (c) An ,tnalysis based upon published, readily available peCTreviewed scientific literature, describinghowtheproposed and final policy, standard, orregulationwill advance thepurposeof protecting human health or the environment against the specified identifiedrisks. Cd) An analysis and statement that, based on the bestreadily available data, the proposed or final policy, standard, or regulation presents the most cost-effectivemethodpractically achievable to produce the benefits intendedregarding the risks identified in Subparagraph (a) ofthis Paragraph. (2) No regulation shall become effective until thesecretarycomplies with the requirements ofParagraph 

## (1) ofthis Subsection.



# * * 

# *

Page 3 of 11 

# 00UUI0

## (5) In complying with this section, the department shan consider any scientific and economic studies or data timelyprovidedby interested parties which are relevant to the issues addressed herein and the proposedpolicy, standard, orregulationbeing considered. La. R.S. 49:953.G (Emphasis added.) The exemptions from therequirementtopreparearisklbenefitreportarethe 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 areport in accordance with La. R.S. 49:953.G, it shouldwithdraw the proposed revisions until all requirements ofthis statute are satisfied. Comment 

## 2

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

## LCA objects to theproposed language inLAC 33:IIL919.B.l and 9l9.B.5.fthatthe Annual Emission Statement("AES") include emissions from "insignificantsources." This is asignificantchangein thecurrentannualreporting requirementthatwas notidentifiedin the Fiscal and Economic Impact Statement. Although the LDEQ has notdefinedthe term "insignificantsource," LCA assumes that the term 

## is similar to "insignificant activity" as describedandlistedinLAC33:II1.501.B.5. LCArequeststhattheLDEQfurtherdefineand explain the term "insignificantsource." Bydefinition,insignificantactivitiesaresmallemissionswhicharecurrentlyapproved bythelistand/orcriteria setforth in Section SOl.B.S. 

## LeAbelievesthatthere is verylittle, 

## ifany, 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 inventorypurposes. Exceptforthe items inTableA ofLAC 33:IlI.501.B.5, these emissions are notrequiredto be addressed in permitapplications. The lackofbenefitishighlightedbythereportingthresholdofoneton. Many ofthe insignificant sources which are included in LAC 33:IIT.50I.B.5 are less than one ton and wouldbe reported**a~** 

## such on the AES. Thus, the inclusion ofmost insignificant sources will be meaningless while the burden to develop estimates for these emissions will be significant. Forexample, Section 501.B.5

- TableB includes a listof45 activities suchas lawn care, photocopying, site remediation, food preparation, paved parking lots, and solid wastedumpsters. Evenifafacilitycouldaccuratelyestimatetheinsignificantsourcesbased on activity, the inclusion will 

## have no practical impact on the AES reporting system. Bycomparison, theproposedrulerequiresupdatinganemissioninventoryifthereare "significant changes" in the values previously reported. 

## See, LAC 

## 33:IIT.9l9.B.2. This

Page 4 of 11



# 00U011

## sectiondefines asignificantchange as a

## "5percentincreaseordecreaseinthetotalpotential or actual emissions from the facility," a "50 ton per year increase or decrease in the total potential oractual emissions fromthe facility," or "a 10tonperyearincreaseordecrease in the potential or actual emissions from any single emissions point." Based on this rough· accuracy andtheprimaryuse oftheemissions inventoryin generalformodeling, itdoes not follow that insignificant sources should be included in the AES. Incorporation of "insignificant sources" makes no practical sensewhen the Departmentallows much higher differentials tobe excluded from reporting. One facility recently rcported that the burden to estimate the emissions for one insignificantactivitywas extremelytimeconsuming. lncludingal1 insignificantactivitiesin the inventory will be very difficultat the leastwith verylittlevalue asa result. Finally, the total universeofinsignificantactivitiesatafacilitywilltypicallychangethroughouttheyear as apart ofnormal operations and maintenance at industrial facilities. Forthese reasons, LCArequests thatthe LDEQ delete thisrequirementorfurtherexplain its rationale andthe 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 signatureby a "responsible official" instead ofan "owneror operator. l1 

## Forlarger industrial facilities, the responsible official is typically the plantmanager. The.proposed change place an unnecessary burden on the plant manager to personally signa report preparedbythe facility's environmental staff. At facilities subject to a Title V pennit, the responsible official already signs the periodicdeviationreportsandannualcertificationstatement,whichincludestherequirements ofLAC33:II1.918 and919. Bysigningthedcviationreports andtheannualcertification,the responsiblc official is indieatingthattheAES was completedproperly. Forthisreason,itis anunnecessaryburden torequiretheplantmanagertopersonallysigntheAESreport. LCA requests that the LDEQ 

## retain the former language inLAC 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 andthe Part70 Operating Pcnnits program. AP-42 factors and otheremission factors are frequentlyrevisedbyEPAfor various emission sources whichresultinhighercalculated

## emissions thanthoseusedto developthe emission limits set forth in a facility's airpennit.Because ofthe frequency ofupdates to emission factors and the inherentburden on the agency and the regulated community that

Page 5of 11 

# UOCG12

## would bc involved ifa pemlit modification were required each time an emission factor changed, LCA requests thattheLDEQclarifyin Section 919.C thatthese changes shouldbe incorporatedatpermitrenewal andthat facilities can continueto operate atexistingrates for theperiodbetweenissuance ofthenewemissionfactors andthepermitrenewal. Toprovide consistency between the compliance certification requirements required by 40 C.F.R. Part 70 andLAC 33:IlI.918 and919, emission estimates setforth inan AES shouldbeconsistent withthe facility'spermituntil apermitmodification orrenewalis issuedwhichincorporates the revised factors. For these reasons, LCA requests that the LDEQ revise Section 919.C to state the following: C. Calculations. Actual measurementwith continuous emissions monitoring systems (CEMS) orapprovedstacktestingisthe desiredmethodofcalculating 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)..orcalculations publishedin EngineeringJournals

.. or other EPA or DEQ approved estimation methodologies. The Department realizesthattheClean AirAct

## (42 U.S.c. 

## §7430) requires EPAtoperiodicallY review AP-42 factors and that such emission factors may changeupwardsor downwards due to receipt ofimprovcd data. Emissions increases due solely to a change in AP-42 factors do not constitute a violation ofthe air permit. Chanl:!esin emission factors otherthanAP-42 factors will be evaluated

## bythe Department on a**case~bv-case** 

## basis for appropriate action. Facilities are expected to report emissionson the AES on a consistent bt\sis withpemlitted 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 EugilIcCIing 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 Part70 OperatingPem1its are required to certify compliance on an annual basis with the federally-applicable terms and conditions ofthe pemlit, including emission limits. 

## See, LAC 33:III.507.H.5 and40 C.F.R. § 70.6(c)(5)(iv). Section 919.C, as proposed bythe LDEQ, may, incertain 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 ofoperation at the facility, but by a change 

## in an emission factor. The EPA frequently reviews and updates emission factors based on the latesttesting and available technical studies. These emissionfactors arc typically included

Page 6 of ! 1 

# 0

,q I! U' \ I fj U U 'J.. d

## in the Compilation ofAirPollutantEmission Factors document, alsoknmvn as the "AP-42 factors."
Inthe present"Title Vera,"theregulatedcommunitycannotrelyon theenforcement discretion ofthe EPA orLDEQ. In addition, a discrepancybetweenthe emission limits

## in a Part70 Operating Permit andthe corrcspondingAES report maypotentially giverise to 

## citizen suits or be inappropriately used in other litigation. To avoid these results, many industrial facilities willbeforcedtoimmediatelysubmitpenl1itapplications to the LDEQto reconciletheirPart70OperatingPermits. Basedonthefrequentchanges

## inemissionfactors, the number ofpermit applications that will be submitted to the LDEQ is enormOus jf

## the calculation basisproposed by the Departmentis implemented. Forthis reason, LCAurges the LDEQ to adopt the clarification language set forth in this comment. The proposed changes set forth in this commentwill save the LDEQ time andresources and, at the same time, remove a very expensiveburden from the regulated community. Finally, language shouldbeincludedinthe rule to clarifythatfacilities are expected to update pennitted Gmissions using the latest AP-42 factors upon the next permit modification or renewal. This clarification willprovide the LDEQ withthe information it needs in a timelymanner and also streamline the already stressedpcnnitbacklog. Comment 5-LAC 33:S107.B.2and 3 

## LCArequeststhattheLDEQreviseLAC33:IJI.5107.B.2andB.3

## torequirereporting ofunauthorizedemissionsasaresultof bypassesandallnonemergencyconditionsonlywhen 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 thatmayrequire rapidresponse toprotedpublichealthandwelfareand the environment. In the proposed CERCLA release notification rulemaking, the EPA established the following rationale forreporting**unauthorizeddi~charges;** 

## A major purpose ofthe Sections 103 (a) and (b) notification requirements is to alert government officials to releases ofhazardous substances that may require rapid**~esponse** 

## to protect public health and welfare and the environment. UndertheAct, the federal governmentmayrespond whenever there is arelease or asubstantial threatofarelease into the environment ofa hazardous substanceorofotherpollutants orcontaminantswhichmaypresent an imminentand substantial dangertopublic healthorwelfare (Section 104). 

## Response activities areto betaken, to the extentpossible, in accordance \-vith theNational ContingencyPlan developedunder Section 105, 

## which has been revised to reflect theresponsibilities andpowerscreatedby CERCLA (47 FR

Page 7 of 11

## 31180 (July 16, 1982)). Notification based onreportable quantities is merely a trigger for infonning the government of a release so that the need for response canbe evaluated and any necessaryresponse undertaken in atimely fashion. Thegovernmentwill notnecessarilyrespondto allreportedreleases. 48 Fed. Reg. 23,552, 53 (May 25, 1983). EPA summarizedthe methodologyusedto select and adjust an RQ in a final rule published in 1986: The Agencyhas wide discretionin adjusting the statutoryRQs forhazardous substances under CERCLA. (FN5] Administrative feasibility and practicality are important considerations. 

## The Agencis selected methodology for adjusting RQs begins with an evaluation ofthe intrinsic physical, chemical, andtoxicological properties ofeachdesignatedhazardous substance. The intrinsic properties examined--called 'primary criteria'--are aquatictoxicity, mammaliantoxicity(oral, dermal,andinhalation), ignitability, reactivity, chronic toxicity, and potential carcinogenicity. (Forthe purposes ofthis rule, chronic toxicity--referredto as 'othertoxic effects' in theMay25, 1983 NPRM--is defined as toxicity resulting from repeated or continuous exposureto eithera single dose or multiple doses ofahazardous substance.) The Agencyranks each intrinsic property on a five-tier scale, associating a specificrange ofvalues on each scale with aparticularRQvalue. This fivetier scale uses the five RQ levels of 

## 1, 10, 100, 1000, and 5000 pounds originallyestablishedpursuantto CWA section 311 (sec40 CFRPart 117 and 44 FR50776). Each substance receives severaltentativeRQ values based on itsparticularproperties. (FN6] Thelowestofall ofthetentativeRQsbecomes the 'primary cliteria RQ' for that substance. [FN6] 51 Fed. Reg. 34,534 

## (Scp. 29, 1986). The LeA encourages the LDEQ to adoptthe rationale usedby EPA in the release notification requirements set forth in LAC 33:III.5107.B. As correctly statedby the EPA, "[a]dministrative fe.asibility and practicality are important considerations." The LDEQ should also use this criteria in the reporting oftoxic airpollutants, most orall 

## ofwhich are I

## isted on the CERCLA hazardous substance list. Requiring facilities to report any and all bypasses, regardless ofthe amount or cause, will resultin unnecessary and unmeaningful reports to the agency. To place meaning into the reporting requirements, the LDEQ must, like EPA, establish criteria on whichbypass emissions mustbe reported. The most logical way to accomplish this goal is to use the already-existing RQ thresholds setforth in LAC 33:1.Ch.39.

Page 8 of 11 

# 000015

## Fornonemcrgencyconditlons,itisLCA'sinterpretationthatreportingisonlyrequired whenan RQis exceededineachofthecircumstances listedinLAC33:III.5107.Bo3. Inother words, anRQmustbeexceededbeforereportingisrequired: (1)forunauthorizeddischarges whichdo notcausean emergencycondition, (2) fordischarges the rate orquantityofwhich is in excess ofthat 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. Forthese reasons, LeArequests thatthe LDEQrevise Section 5107.B.2 andBo3 to state the following:

757173 I 

## 2.

3. Emission ControlBypasses. Exceptas provided in SubsectionB.6 of this Section, for any unauthorized discharge into the atmosphere ofa toxic airpollutantthatexceeds areportable quantity in LAC 

## 33:1.3931 asaresultofbypassinganemissioncontrol device, wheretheemission controlbypass was nottheresult ofanupset, the owneroroperatorof thesource shall notifythe Office ofEnvironmental Compliance ofthe bypassbytelephone at(225) 763-3908 during officehours; (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 laterthan 24 hours afterthe beginning of the bypass. WherethGemissioncontrolbypass wastheresultofanupset,theowner or operatorshall complywith Subsection B.3 ofthis Section. Nonemergency Conditions. Except as provided in Subsection B.6 of this Section, for any unauthorized discharge into the atmosphere ofa toxic airpollutantthatexceeds areportable quantity in LAC 33:I.3931 into 

## the atmosphcrc 

## whichdoesnotcause anemergencycondition,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 ofthe source shan immcdiately,butin no caselaterthan 24hours) notifythe Office ofEnvironmentalCompliance 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 

# O

0U '**~J** 

# --; 6-' '. I, J 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, orTEDI, report 

## only 

## ifthose emissions exceed an RQ. As statedin Comment4, 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 ordertofacilitatetheidentification andquantification oftoxic airpollutants and the compilation and maintenance ofthe 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 aircontaminants emitted. Such infomlation shall be made readily available to the public by the departmentin an easily accessible form. La. R.S. 30:2060.E. La. R.S. 30:2060.H(1) requires the foHowing release notification requirements: Foranydischarge ofatoxic airpollutantinto the atmosphere ofLouisiana,the rate or quantity of which is in excess ofthat allowed by permit, license, compliance schedule, or variance or, for upset events, that exceed the reportable quantity established by regulation, the owneroroperatorofthe source from which such discharge occurs shall immediately notify the departmentbytelephone, andshall submitawrittenreportwithinsevendays

... Ll. R.S. 30:2060.H.l (Emphasis added). Byrequiringreportingof

## allTAP emissions (even onepound) on theTEDI 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" ofTAP 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 ofthedischarge, and the approximate total loss are even used by the agency. As discussed in Comment4, the EPA and the LDEQ have a statutory and practical justification forrequiring rcports ofunauthorized discharges in excess ofan 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 ofa toxic airpollutantfrom a safety reliefdevice, aline orvessel rupture, asuddenequipmentfailure, ora bypass ofanemission controldevice, thatexceedareportable quantity in LAC 33:1.3931 regardless of quantity, must be reported to the departmentintheannualemissionreportandwhereotherwisespecified in the applicable subchaptcrs. The teport shall include thefollowing 

## iII

## formation.

a:- 

## the 

## identity of

## the source, b: 

## the date 

## and

## tiIllC of

## the disclMIge, 

## and

c:- 

## the approximate total loss dmingthe disc1tatge. These changes will ensure that the LDEQ is provided useful and meaningful infonnation in a timelymannerbytheregulated community.

Page II of Ii 

# U0p**.~~** 'j**~1** 

### uU1.0

# LOUISIANA MID-CONTINENT OIL AND GAS ASSOCIATION

801 NORTH BOULEVARD, SUITE201, 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 ofEnvironmental Quality Post Office Box 4314 Baton Rouge, Louisiana 70821-4314 Re: Emission Inventory Reporting Amendments (Log #AQ-220) DearMrs. 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 electricpower in Louisiana. Virtually all of MidCtiiltinent'smembercompanies 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, ifnot addressed prior to adoption, will force Mid-Continent to oppose adoption ofthe 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 ofemissions 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 ofthis 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" ofnon-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 ofthe amendments in the Fiscal and Economic Impact Statement associated with the proposaL 

# 0·0' .)**~~** 'j 

# 9 , lj d.- 

## c.

### 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 ofthe 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 ofdesignating the attainment status ofparishes based on the new 8-hour ozone and fine particulate air quality standards. Depending on the final designations, the provisions ofthis 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 ofthese 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 ifthe 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 ofthe 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 ofthis requirement. Mid-Continent assumes the term "insignificant sources" as used in this subparagraph, to be those activities 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 ofthese sources are considered "non-road mobile sources" (Insignificant Activities 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 ofthe 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 ofNOx 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 ifthere are "significantchanges" 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 notrequired to be addressed in permit applications. 2) There would be a significant fiscal impact to industry (possibly over $1 million peryear) whichcould invo]ve the cost benefit/risk benefit provisions ofLouisiana 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 ofthese emissions in a facility's inventory could result in the multiple counting ofthese emissions since the Department calculates non-road mobile sources and many of these source types through othermechanisms in the emissions inventory. 4) The Department already allows facility to not report changes of5% 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 inventory 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. Ifthe 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 ofthe 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 ofacres in non-attainment areas but also to very small facilities in remote areas with no air quality concerns. The primary use ofthe emissions inventory data is in ozone or other pollutant modeling activities. Depending on the location ofthe 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 ofuses ofthis inventory information. Mid-Continent recognizes that the Department may need. more precise point source location information in certain geographic regions for modeling purposes. Ifsuch information is truly needed, it can be requested under the "special inventory" provisions ofSubsection 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 ofcompliance 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 ofthe performance ofthe Department ofEnvironmental Quality (March 2002) noted that the 

# O

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### " IJ (., .]

### "LDEQ does not routinely check annual emissions inventory statements for excess emissions." The EPA Office ofInspector General's report (August 7, 2002) ofEPA Region VI's oversight ofthe LDEQ program noted that the LDEQ records program was unorganized and that information be more readily available to the public. 

### In this era ofenhanced 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 ofAirPollutantEmission 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 ofimproved 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 offive 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, vaporpressure, 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 ofdollars in lost production because ofthis scenario. The easiest solution to this concern is the inclusion oflanguage in**~his** 

### rule that recognizes this possibility and that clearly states that the Department recognizes that this situation can occur and that in the eventthe reporting of actual emissions using the latest factors exceeds permit levels, this by itselfdoes not by itselfconstitute a violation ofany rule. The Department would still be free to investigate any such instance and take compliance action ifthe discrepancy was caused by otherfactors 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, ifthe 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 acontrol 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 ofthis 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 ifthe language is follows in its strictest interpretation. The EPA, DEQ and State Police impose reporting requirements for these substances. Ifthe 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 orfor other reasons, Mid-Continent recommends that changes to this subsection be included for comment. 

### Comment 9 - Federal Enforceability ofNew Amendments Mid-Continent is concerned that the Department's proposal will now greatly expand the amount ofinformation 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 theirexisting 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 ofthese 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 acceptabIe 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'

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# . 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 ofpermitted 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 atreduced rates. It must be pointed out to the Department that regulated entities can include local and/or state government facilities. These will operate atreduced 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 workfor regulated entities that have notbeen 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 ofthe proposed rule. The Department needs to reassess the impacts ofthis rule to both the Department and the regulated community and repropose the rule with an accurate assessment ofthese impacts

.

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

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### 'u •.• DPage 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 withthe 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 notPage4of11 AQ220 Summary November 7, 2003 

### been defined or explained, nor was it considered in the FEIS. If an "insignificant source" is similarto 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 

### tfyfor 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. Forthis reason, it is an unnecessary burden to require the plant managerto 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 thePage 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 andPage 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. Actualmeasurement with continuous emissions monitoring systems (CEMS) orapprovedstack testing is the desiredmethodofcalculating emissions from a pointsource. In lieu ofCEMS data orstacktest data, emissions shallbe calculated using the bestavailable informatiQn::.SourCGs ofemissions factors include the Compilation ofAirPollution Emissions Factors (AP-42)L calculationspublishedin engineeringjournals, orotherEPAor OEQ-approved estimation methodologies. The departmentrealizes that the Clean AirAct

### (42

# u.s.c. §7430) requires EPA to periodicallyreviewAP-42 factors and that such emission factors maychange upwards ordownwards due to receipt ofimproveddata. Emissions increases due solelvto a change in AP-42 factors do notconstitute a violation ofthe airpermit. Changes in emission factors other than the AP-42 factors willbe evaluatedbythe department on a case-by-case basis forappropriate action. Facilities are expected to report emissions on the AES on a consistent basis with permittedemissions. Upon the nextpermit modification orrenewal, facilities are expectedto update permittedemissions using the latestAP-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



# UUUGJ4Page 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 entityto 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 mutuallyPage 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 00,-' 

### 3° 0 

### 1 I',.. -:,"'.,-.r. 

### -''''d

. . ':...,0

.. : .•<.1 "1....;1.:' ; •..:t"",I\.L.c;j:jU..t:.:

. 

### 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 quantityin 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, howeverwill 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.



# 000037Page 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 obe 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 One 1S 

### the reporting of two areas. 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 the9



## 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? Metcalf. Mr. Thank you, 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 P AGE S



### 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 ding, and t hat the d ashe 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. 

# O

ell"HI ::; , 

## u V'U U It 

### (225) 216-2036

# TIFIED COpy RECEIVED

# E~ r/10(D 3;fLJ AFFIDAVII' OF**PUBLICAI'IO~** Ul.:l)illl:A/f'j'O**f{~GIIl..\TJON** DEVEIOI'MI:NT SI'('rIO:--; 

# CER

( A Conect Copy ofPublication)

# Jf"~f\ I, LindaV. 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;;



### 70821-4314 BAroN 

### ROUGE, LA. 

### P.O. 

### OCiX 4314

Sworn to and subscribed before me this Was published 

### i**n_~T~HE~--"T,-",I~ME,,=,,",S-LPI....,C** 

### ....**:A:::LYI~!NE,,-,-,--** 

### _



### on the foIlowing dates

__ A

_ U

_ GU

_ST

_,

### _1_1_,_2_00_3

_

__ 1_2-:et_h_da

### y 

### 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

personally known to me, Altheas Critton,

August 13, 2003 NOTICE OF INTENT Department ofEnvironmental Quality Office ofEnvironmental Assessment Environmental Plalming Division Emissions Inventory, Toxics Emissions Reporting, and RelatedFee 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 

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# ',·~~EiT\ ',1.

.**~'- --_'~'.-** **-,~~i:,;~~.i?~}k;,:::;:?i \::-,;~:** -;'.- 

### As per copy ofadvertisement hereto annexed,was publishedin The Times on the following dates to wit: 

# " 0 N DEQiOEAlEPD 

# PROOF OF PUBLICATI RECI1l..\TION DEVElOPMENT SECTIONi



### Sworn to and subscribed beforeme this 13th 

### day of August 2003. Who being dulysworn, deposes and says that she is the Assistant to the Classified AdvertisingManagerofThe Times, and that the attached Advertisement entitled: STATE OF LOUISIANA PARISH OF CADDO ·Beforeme, the undersigned authority, personally came and appeared ,'This rule revision clari· 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 lorclarificalion,

.

# ~~~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:sonsare 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:avaHable j ',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 writ**Jenciim~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:nvtronmEintaIAssess

# i**;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, 

# IregUlation.', "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 

# THEADVOCATE RECEIVED AUG 2 6 2003 PROOF OF PUBLICATION DFQiOI:AIEI't) RECUl.AlIO,'"**DL:VFlOI'~lt:NT** SECTION

l£gaI/Public Notic£s R£prcz:s£ntativ£ 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:**  . .'.:lIsting.·.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,EmisJ-: '.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.~.;~.~**

# t€Z"o".~J?~w~ll~**~,e~v:I,rt?nmeTl:ta** lI'fl'ealth''"

.,.b'el1etits', -.**\··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?q** Plan)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£ signaturcz: 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:, Louisiana, and thcz: Official Journal of thcz: Statcz: of Louisiana, thcz: City of Baton Roug£, and thcz: Parish of East Baton Roug£, in th£ following iSSUCZ:SI



## p rQ**p~s ~.d**  ..**"~r.n.etH;jm.en** \5

..**S1"1~U** 10**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.ilap**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.' 

## '

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.**'~sse~"s~e,n!i~(**

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# '.
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'

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.. "**'::··"'·,:.~·~'",-,:,:-,',~·~~: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 ofOuachita in the issues of: was published m the NEWS-STAR. The hereto attached advertisement

Sworn**Qnctsubscrib~d** 

## before me by

. el\·.·

.f.'1.**:"~.'** ".i,**\;{:~)** 

# (u"uuu'(t'u, 

## A daily newspaper ofgeneral 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~**  confusiorihi**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,there

### c'.' 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:irToxic 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.Ap** i.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 10rair':'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'fn e • 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 ofthe 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, 

### 6/10102). 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 ofthese facilities already be operating at

### th~ r uired'level or they may be exemp; utno supporting data' available. IV. ESTIMATED E ON COlvlPE ONANTI EMPLOYMENT (Surnrnary) There is no employment.

Department ofEnvironmental Quality

Office ofEnvironmental 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 ofEnviron 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 ofAQ236.

This proposed egulation is available for i pection at the following DE officelocations 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; 130I 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 STATEORLOCALGOVERillvlE!'J7 There are no known im state or local governmental u II. ESTIMATEDEFFECTON RlA"i!Hl'.Th[l:; ORLOCALGOVERNtv State government be reduced by a v minimal amoun probably less than $[,000, due to est" ated reductions ofapp ximately 70 to 80 tons per year th will result from the chang being made to the rule. Prec' enumbers 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 ofvolatile orga

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# , eO Louisiana Register Vol. 29, No. 08 August 20, 2003Chapter

### 2. may be requested from other federal, state, or local agencies or otherprivate entities.

A. Applicability. The owner or operator ofthe 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 precursorpollutants. 1. Any facility located in a nonattainment parish is required to report ifthe facility emits or has the potential to emit anyone or more ofthe following: a. 10 tons per year (TPY) of volatile organIC compounds (YOC); b. 25 TPY ofnitrogen oxides (NO,); c. 100 TPY of carbon monoxide (CO), sulfur dioxide (SOl), particulate matter of less than 10 microns (PM 10), or particulate matter of less than 2.5 microns 

### (PM2S); or d. 10TPY oflead (Pb). 2. Any facility located in a parish that adjoins a nonattainment pa.rish is required to report ifthe facility emits or has the potential to emit anyone or more ofthe following: a. 50 TPY ofYOC; b. 100 TPY ofNO" CO, SOl, PM 10, or

### PMl .

### s;or c. 10 TPY ofPb. 3. Any facility located in an attainment parish is required to report ifthe facility emits or has the potential to emit anyone or more ofthe following: a. 100 TPY of YOC, NO" CO, S02, PMlO, or PM2.5; or b. 10TPY of Ph 4. Any facility in Louisia.na defined as a major stationary source of hazardous air pollutants in Section 1I2(a)(I) ofthe 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 (TitleV) Operating Permitis 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 ofthis 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 ofthis 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 ofemissions at a facility, including fugitive emissions, flash gas**emi~sions,** insignificant sources, and excess emissions occurring during maintenance, start-ups, shutdowns, upsets,and downtime. Forpurposes ofthis Section, the [elm

### actual emissions is the calculation or estimate ofthe actual emissions ofapollutant, 

### in accordance with Subsection C of this Section, for the Title 33 ENVIRONMENTAL QUALITY Part Ill. Air Rules and Regulations for the Fee System oftheAir 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 oftoxic 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.

HISTORlCALNOTE: Promulgated by the Department of Environmental Quality, Office ofAir Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:611 (September (988), amended by the Office ofAir 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 ofManagement 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), LR29: Chapter

### 9. General Regulations on Control of Emissions and Emissions Standards 

### §918. Recordkeeping andAnnual 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 ofeach 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.

AUTHORlTYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORlCAL NOTE: Promulgated by the Department of Environmental Quality, Office ofAir 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 (November2000), LR 29: 

### §919. Emissions Inventory

Emissions inventory data shall .be submitted to the department on magnetic media in the fonnat specifiedby 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 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

Louisiana Register Vol. 29, No. 08 August20, 2003 1682 

# U**.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 ofan 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 ifthere 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 ofdetermining significant change. A 

### significant change is defined as the lesser ofthe 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 ofoperations at the facility.



# . . c: An update to the minimum data submitted in accordance with Paragraph B.5 ofthis 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 ofthis 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 ofthe three-month period ofgreatest 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 ofthe 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. 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 apermit 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 ofthe certifying official. The Certification Statement shall include the full name, title, signature, date of signature, and telephone number ofthe certifying official.

. b. Facility Identification Information. The facility identification information shall include: i. full name, physical location, and mailing address offacility; ii. UTM horizontal and vertical coordinates ofthe facility's front gate and ofeach 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 ofthe 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 ofemissions 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 August20, 2003efficiency from all control equipment and include downtime and maintenance degradation. Ifthe 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 criteriapollutant 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 yearfor 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 ofcalculating emissions from an emissions point. In lieu ofCEMS 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. "

AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office ofAir 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 August20, 2003 Chapter 51. Comprehensive Toxic Air Pollutant Emission Control Program SubchapterA. 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 ofemissions 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 ofany 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 ofemissions ofall 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 ofperjury, that the emissions data provided is accurate to the best ofmy knowledge, information, and belief, and I understand that submitting false or misleading information will expose me to prosecution under state regulations." B.
- D.2

.... AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2060 and R.S. 30:200I et seq.

HISTORICALNOTE: 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 

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### t; CI

### NOTICE OF INTENT

NonattainmentNew 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 ofthe Clean AirActAmendm 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 Chapter5. 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 ofthis 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, ift owner or operator ofthe source elects to offset th emissio increase by a reduction in emissions ofVOC 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 ofat least lAO to 1 (ifreviewed under equirements for erious areas) or 1.50 to 1 (ifreviewed u er requirements Ii severe areas), then the requirements fo LAER shall not app . DA.
-Table 1." Mlo". 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

- RobertE. 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 ofAQ220.

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 ofEnvironment' Quality

Office ofE 'ronmental 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 STATEORLOCALGOVERNMENTUNITS (Summary) There will be no costs or savings to state or local governmental units as aresult ofthis Rule. II. ESTIMATEDEFFECfONREVENUECOLLECTIONS OFSTATE ORLOCALGOVERNMENTALUNITS (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 ESTIMATEDEFFECfON COMPETITION AND EMPLOThIENT (Sumffial)') No effecton 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 ofthe Ad inistrative Procedure Act, R.S. 49:950 e eq., the Louisiana Register Vol. 29, No. 08 August20, 2003

# AQ225appropn e water quality criteria according to e procedure in the dep tment's current Water Qua' Management Plan/Continuin Planning Process. 

### D.
- IA

. ... AUTHORITYNOT -. Promulga Cl in accordance with R.S. 30:2074(B)( 1).

HISTORICALNOTE: 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 ofEnvironmental Quality

Oflice ofEnvironmental Assessment

Environmental Planning Division Stage II Vapor Recovery Systems (LAC 33 :IIl.2132)(AQ225) Under tbe authority of the Environmental Quality Act, R.S. 30:200I et seq., and in accordance with the provisions ofthe Administrative Procedure Act, R.S. 49:950 et seq., the secretary has amended the Air regulations, LAC 

### 33:IIl.2132 (Log #AQ225).

This Rule allows the continued use ofthe 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 ofAscension, 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 ofair 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 waterbodies, 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 ofnaturai nditions.

### * * *

AUTHORITYN 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 :2401 ( cember (999), LR 26:2545 (Nove er 2000), LR 29:557 (A nI2003). §1l09. oliey

Wate quality standards policies concerne protec on and enhancement ofwater 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.II05. Water bodies shall be designated as 

### naturally dystrophiJ:: waters and assigned

Louisiana Register Vol. 29, No. 04 April20, 2003Title 33 ENVIRONMENTAL QUALITY Part

### Ill. Air Chapter 

### 21. Control ofEmission ofOrganic 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, 200I; or equivalent, and recovers vapors during the refueling ofmotor 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 ofmotor 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 of95 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 TestMethods, '(olume 2, April 12, 1996.

D.3.

- 

### GA

. ... 5. department inspection records; 

### G.6.

- H.I

..., a. notices ofcorrected violations; b. compliance orders; H.l.c. 

### -1.

... AUTHORITYNOTE: 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 (November2000), LR29:558 (April 2003). James 

### H. Brent, Ph.D. Assistant Secretary 0304#058 RULE Office ofthe Governor Board ofArchitectural EXllminers

Under the aut ority ofthe 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: §§401-415 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 ofthe 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 ofR.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 ofArchitectural 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, Chapter3 as amended.

B. or purposes ofthese 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 ofR.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:v

### au!'.',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 ourfacilities. 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 anyconsideration 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 .. ",' IJUN-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 foropportunity to provide comments on the proposed amendments

### to LouisianaAdministrative 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 

### ofthe 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 forthe installation of equipment that has notyet been proven effective. Additionally, this decision will

### all~viate problems aSsociated 

### INith the Jack of equipmentavailability 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 

### allowthe use of this equipmentvoluntarily will provide the following benefits: Provides flexibility to station operators for equipment purchase; Prevents potential equipment supply shortages should equipment manufacturers discontinue the production ofcertain equipment in future years; and

. 

### WiH provide .the airquality benefits lor installation ofthis newly certified equipment by allowing the installation CARB EVR components during routine parts replacement once proven effective. Thankyou 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 environmentwhile 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~:::::::::::::::::.....**



### MichelleWilson Environmental Compliance Training Supervisor Cc: Steve Belin, Southeast Compliance Manager Bill Bunch, Engineering Project Supervisor


# 00G0'71

# LOUISIANAMID-CONTINENT OIL AND GAS ASSOCIATION
801 NORTH BOULEVARD, SUITE 201, BATONROUGE,;"'.**-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 ofEnvironmental Quality Post Office Box 82178 BatonRouge, Louisiana 70884-2178

DearMs. Deaville: . DI'QiOI'A/EI'D RE(i(lI.ATIO,'l**Dt:VI'1.01'~II'NT** SITIIOS



### Re: Amendments to Section2132 Stage II VaporRecovery 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, petroleumproducts and electric power in Louisiana. Several Mid-Continent member companies own and/or operate gasoline service stations in theparishes covered by the rule. Mid-Continent supports the Department's intent for theproposed action as stated in theNotice 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 beliefthat manufacturers mayeventually 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, ifnot better, efficiency. 'While it appears the last sentence in Subsection 2132.BA.d.5. allows the use ofthe "newer" components because no reference is included with respect to the CARB approval date, this is not sufficiently clear in ouropinion. 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 ofmotorvehicle fuel at any time unless allfuel 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 ofthe 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 aminimum of 

# oour:'??,; .


### Ms. Patsy Deaville

- Comments on AQ-225 June 3,2002 Page Two

95 percent gasoline vaporcontrol 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 meetina

.. b 

### 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. Theproposed language "certifiedby CARE on orbefore March 31, 200 I" 

### shouldbe 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/orcomponents and these are automatically approved as "equivalent" under this section. As discussed earlier, this language also makes it clearthat components approvedunder CARE afterMarch 31,2001 canbe installed inpre-March 31, 2001 systems. Since the proposal (and also the existing rule language) requires equivalency to be approved by Adrninistratorofthe 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 ofthe SIPrevision submitted tq 

### EPARegionVI. 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 ifnecessary. Very truly yours,

# \L~L.t \. Richard T. 

### Metcalf Health, Safety and Environmental Affairs CoordinatorSent: 

### 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).UlOt\!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.) { ItPage 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 

### approvedin the remaining two instances
-- 

### approvedappears in the definition of 

### Stage 1/ vapor recoverysystem); and [4] add a final sentence reading 

### Forthepurposes ofthis section, vaporrecoverysystems and/orindividualparts meeting CARB Enhanced VaporRecovery (EVR) standards are approved by the administrative authority* as 

### "equivalent"alternatives.


# OUG075Page 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 vaporrecovery 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 equipmentsupply 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.



# 000076Page 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 ding, Room 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. 

# 0000"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 ·, n**(~** 

## n. ";

# 9

. uuU 

### 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 ppre ciat 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 OFENVIRONMENTAL 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::: 

### ,FINANCIALSERVICES 

## STATE OFLO Parish ofCalcas

He/She is a duly authorized agent of LAKE CHARLES AlVIERICAN PRESS a newspaperpublished 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 newspaperin its issue(s) dated:

Subscribed and sworn to before me this 19th day 

### ofApril, 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** .

.orbe/ore March 31. 20Q,/>;"!ions." P "rsoris

## 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.June, ,.'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/,CARB·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'ofAQ225. : ''':'';'''(l': ulotlon. Ihat certifica···This proposed regu70.l tlon Is based- arT CARB 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 ,tecllonofairclUality,' '. 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/economIe**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

# 'COpy

, ' I**~--a==~~~O~/~~---------=----~~cadianaIS** Daily Newspaper 

## '1

# 1 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.:\T10,"; 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<*SUNDAY t 

## 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 

# 000U8507519888 .;: 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· (eARB) '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. ·CARB",: 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 as a**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 tiE Q Headquarters building. Should Indi· viduals.with a 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 regulation 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 atsyd@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 IannInglregs/lnde".ht 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. 

### 70884-2231 LA.



### Sworn to and subscribed before me this BOX 82231 P.O. ••••••• - ;'.

..**,~:.>,** ''''-.''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 • I

### t-_-'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., Ottlceat**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 'currenI Slaqe'lI upor rl!'CQ\ll!ry syslems cerrlfied under California Air ResQ\Jrces Soard (CARS)**cer~l­** '''allon procedure, 'e/fectlwe on 

# Ior 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**  sLi

### g,'::}.•.**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~** 

### the**MM~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 regulalion 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 80uitword. SUite IS I, La/ayena. LA 70508: 104 LoCOCO OrNe. ROlca1and 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:gaI/public Noticozs RII: prll:sozntativoz

.",. 

### PROOFOFPUBLJCATION**Publish~r** 

### of

Thll: hll:rll:to attach<zd notic,,", was

publish<Zd in THE ADVOCATE, a daily n<Zwspap"r 0 f 9'mll:ra I circulation

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. ,personallyknown to me;



# APR 3 0 2002**r-------~** 

### DEQ F1NAt\CL'\LSERVICES

## ~t1;:;1~~~J.-UI_..-, APR 2 6 200

## Z

RE I DEQiOEAfEI'O

.Gll,:\TlON DEVELOPMENT SECTIO;';



### Altheas Critton 

# PROOF OF P**Dia.n~·** W. Taylor 'Notary Public. Ca.ddo Parish, Louisiana My**Commis~i~n** is FOR 1I FE

:1 

### (Signed) Who being duly sworn, deposes and says that sheis the Assistant to the Classified Advertising ManagerofThe Times, andthat 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 ofEnvironmental Quality Office ofEnvironmental AssessmentEnvironmental Plarming Division (Log#AQ225) #N-02-02-267 As percopy of**advertisementheretoa.IlEex~d;**

### was 

### published in TheTimes on thefollowing dates to wit:



# _'.

# kJ~

# h L.·.fU.:

..1.

# fl. '

# ~~Jk: I

. .'. (Not

### cuy) 

# 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 underCallfomia 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

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### hereto attached 

### advertisement



## Published in Monroe, 

## Louisiana, Publisherof 

# CERTIFI:ED COl"} 5'

# I? tJJ.-. 

## G NNETT

# co. INC.

Parish ofOuachita, 

### in the 

### issues of:

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### Was published in the NEWS-STAR, A Daily 

### newspaper ofgeneral circulation, 

## RECE1VED 

# lIAY 16 2002

, DEQ10EAIEPU REGllJ.ATlON DfVEl.OI',\fENT SECTION 

### THE NEWS 

### STAR 

# DE, LOUISIANA PROOFOFPUBLICAnON**:tpa;;~;tor~~:;l~~etrtal** 

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# . Quality

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### accoro- pooed ru'" ha3 no lmOWTl impact :-e wrth the pro...i5iooaat the on family formation, 3tabllity,

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..,. ,.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:sedhJl" allows the ," Building, Room 326

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..• ...", ",ts aM appllc8ble 10mo\c:r.'.- bon instead ofto the securrty ',:. lic\e fuel d,sp""5Ingfac,lIt"'.

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.... to pllrtidpllle. >St Balon RoUO". LouIS,ana contact. Patsy Dea.me at the ado,.

## ~.~~~~c J.,..V8 8

## :j~~~99~;~i~~~~~,i:£~!\,; lu,remenls ofCARB. AR

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.... sUibM. The EPA:, regulation by·AQ225. Such '."

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re<.'Ommended that a .tate,JZ..**commen~** must bereceNed no Ichangl!;? 'rt:! stBfldaRJ 10

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.... than June 4,2002, at4:30 , "', CABB 3 rw<ised standards .; p.m.;'and should 0..

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.....l,oprtiticat.on I. based on CARB • ment Section, 8008217,8. Baton rtiticarton procedures elf",,· Rou9". LA 708&4-2178.0<,to FAX aon 0< 0..10"" March 31,**'~~** (2251 765-0389 orby**lHTl3llt~** ;..: 01. This prop03ed revi'llOO pat"Yd@deq.stata.la.u:s,'Cop>es". mplie

....1th ll1al r<rC0mmen- of thiS proposedregulation can ,.; bon. Thi. rule**I~** ",Isabeing

..:. , 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-

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.. each copY·of**A0225~ i~~'** **~;:~.i~::11** This proposed regulalion IS ' :Wsllable 10rInspection at tile,

. folkiwing DEQ otficEilqcations**,~1:** lrumfI a.m. unlil4:3O**p,m.;J29o.~.X** BllJebonnatBoulevard, Fourth 'f1, FloOr, Baton Rouge, LA71)81 0;**:\~** 804Thirtv-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; , 104Locoro OrNe, Raceland, LA 70.:l94 oron \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

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## __ J



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## 0 ()- AD

# ~. NOTARYPUBLIC

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# 00009171101; 3

0204#033 NOTICE OF INTENT Department ofEnvironmental Quality

Office ofEnvironmental 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. 30:200I et seq., and in accordance with the provisions ofthe Administrative Procedure Act, R.S. 49:950 et seq., the secretary gives notice that rulemaking procedures have been initiated to amend the Airregulations, 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 regulations 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 ofair 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 ofEmission ofOrganic Compounds Subchapter F. Gasoline Handling §2132. Stage II Vapor Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline Dispensing Facilities A. Definitions. 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 ofmotor 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 ofmotor 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 of95 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 replacementuse.

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 SourceTestMethods, Volume 2, April 12, 1996.

D.3.

- H.l.

... a. notices ofcorrected violations; b. compliance orders; H.1.c.

- 1.

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

mSTORICALNOTE: 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 (November2000), LR 28:



## 8f3?(JI'.nn ll'



### I"" " " ..., " Louisiana Register Vol. 28, No. 04 April 20, 2002NOTICE OF INTENT

InformationTechnology C 4:XI.l01, 301, 303, 501 and 503) Office ofthe Governor Division 0

### rAdministration OITiceofInformation 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 200I Regular Se sion of the Louisiana Legisl ture, the Office of the Qwe or, Division ofAdministration, Office ofInformation 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 ofth 200I R gular Session, the Chief Information Officer (CIO) and t Office of Information 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 ofac ountability; 

### 6. overseei coordinating the of technology, inc uding consolidation, outsourcing, and sharing statewi governmentIT 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 ofthe 200I Regular Session ofthe Louisiana Legislature.

HISTORICALNOTE: 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 SfATE0 RLOCALGOVERNtv1ENTUNITS (Summary) There are no known implementation costs or savings to state or local governmental units. IL ESTIMATED EFFECTON REVENUE COLLECIlONS OF STATE ORLOCALGOVERNrvfENTALUNITS (Summary) There is no estimated effect on revenue collections ofstate 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. ESThlA TED EFFECTONCONIPETITION ANDENIPLOYMENr (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 ofAQ225.

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·':~**

# AQ232Promulgated

RULE

Definition ofBuilding EnClosure (LAC 33:III.2156)(AQ232) Department ofEnvironrrental Quality

Office ofEnvironmental Assessment

Environmental Planning Division

Title 33 ENVIRONMENTAL QUALITY Part

### Ill. Air Chapter 21. Control ofEmission ofOrganic' 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. IfaBE is to serve as a PTE or TTE, the appropriate requirements given in 40 CFR, Part 51, Appendix M, Method204 must be met. 

### * * * Under the authority of the Environmental Quality Act, R.S. 30:2001 et seq., and in accordance with the provisions ofthe Administrative Procedure Act, R.S. 49:950 et seq., the secretary has amended the Air regulations, LAC 33:II1.2156 (Log #AQ232).

LAC 33 :IILChapter 21, Subchapter N, provides capture efficiency test procedures for temporary or permanent enclosures. 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.

HISTORICALNOTE: 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 ofprocureme 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 (forexamp 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 ofElementary and Secondary Educa ion, LR 27:2220 (De ember 2001), amended LR: 29:2037 (October 003). 5. Will the pr posed RuIe e ect the behavior and personal responsibili ofchildren? 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 trate of5.82 percent. For the year ending December 31, 2002, e Ea lOgS Enhancements Fund earned an interest rate of5.91 per ent.

. - R.

Louisiana Register Vol. 29, No. 10 October20, 2003 2038e 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 ofadverse human health effects

..,

AU ORITY NOTE: Promulgated in accordance wit ItS. 30:200I tseq.

HIST CALNOTE: Promulgated Environm tal Quality, Office of Environmental sessment, Environme tal Planning Division, LR29:2039 (Octobe 2003). §lOS. E 'ectiveDate



### A. Thes regulations shall become effectiv on October 20, 2003. Tn se regulations are only applica e to releases that occur on r after October20,2003.

AUTHORIT NOTE: Promulgated in aceD 30:2001 etseq.

HISTORICAL I OTE: Promulgated Environmental Qu lity, Office of Envjro Environmental Plann'ng Division, LR29:20 § 107. Det1nition



### Administrative Au ority thesecre ry ofthe Department ofEnvironmental 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 universally 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 andsafety 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 ofEovir 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 thereofor 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 ofth site where the release 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. 30:200l et seq. Act, amended by the Office of Environmental Assessment, Environmental Planning DLvision, LR 27: 1223 (August 200I), LR 29:2038 (October 2003).

Public, otification ofCoutam' ation (LAC 33:I.lO , 103, 105, 107, and 09)(OS042) Depa tment ofEnvironmental Qu

ornc ofEnvironmental 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 ofthe Seer tary Subpart 

### 1. partmental Administra 've Procedures Chapter 

### 1. Public Notilication ofCo tamination §101. Pur ose

A. The p rpose ofthis 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 

### LouisianaAdm 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 ofthe 

### Louisiana Administrative ode,

itle 33. AUTHORITY NOTE: Promulgated 30:200I et seq.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Environmental Assessment,**.~** Environmental Planning Division, LR 29:2039 (October2003). 2039. r::' 

## lUllHi 4 :, Louisiana Register Vol. 29, No. 10 October20, 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



# 3 2003 

# SEP 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



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ASSOCIATED REPORTERS, INC. ·oop':.t.'\Q

vvUu() 

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## PAGE(S)

6 7



### . (225) 216-2036

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## 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

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## c los eat 4: 3 0 p. m" 

## S e ptemb 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. 

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### uUl!,:,J 

### (225) 216-2036

## 1 2 3 4 

## 5 6 7 8 9 

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## 11 12 13

•",1 

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## 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

, "

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## L Co U 

## i s iana; 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



### day 0

### f J-;>U,...c.L y-3>...,----::"..-----,f-- 

### 2_o_0_3

__ 15th 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 atEnvlrO(1mental

. Assessment

. "," Eilvlronmenlal Pfannlnl1DlvjtJon' Deflnillanaf Building

Enda,"," 15EI [LAC 11:111.21561IA82121 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, prallIdes**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..: excepllol1 J Ilsled'·II1',R:,S,:' 10:2019tD

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# I**~::~~IIC'hearin~.will b.h~;~"OP**  

# I**~~·~~IV;·[~~~'~ln~. ~;~~'~11'~**  6112 N. Fifth Slr.et, Baton Rau

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### ~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 4mall 'fa:**~vl1nw@14l!'~.ar~** .. C.oples af:'kh'I,s .13-ro·poud re\Julaflon can**~It' purch"s,~d**  'bv

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. 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·

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## OF PUBLICATION

PUblished

### in :\[onroe. Loui<:.c;,:1. The 

### herero 2ttJChed 2dve:'risenl.:nt 

# CERTIFIED COpy F))jIJ

# 3 oL':
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# 1 5 2003 RECEIVED 

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# THE ADVERTISER 

# ·CERTIFIED COpy '6/ 

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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 ff

### ic**~R.t"E** 

### nvi ron

## m·eof

# aL.**~s** 

### sessm 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.



# O

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# CERTIFIED COpy 1 

# avit ofPublication RECEIVED 

# JUL 2 3 lOO3
STATE OF LOUISIANA Parish ofCalcasieu DEQ/OEA/EI'D REGlIL.\lION DEVEI.OI'."lENT SEClIO:--:



### !uly IE, 2003 

## BeforeZie

# ~d**aU~h** who

# ~ng duly sworn,

# dep~s and says:

1 !. 

### The attached Notice was published in said newspaperin its issue(s) dated: 18514237

- $31.00

'Subscribed and sworn to before me this 18th day ofJuly, 2003 at Lake Charles, LA

He/She.is aduly authorized agentof 

## LAKE'CHARLES. AlV!ER!CAN PRESS

. . anewspaperpublisheddaily 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 

# THEADVOCATE

l.egal/publlc Notice;:s Re;:pre;:sentalive;: 

### 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;: ofLouisiana, 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, LindaV. Ward, Call Center Supervisor of THE TOWNTALK, published at Alexandria, Louisiana do solemnly swearthat 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 ofPublication)



# OOCIOiJ

# RECEIVED

DEV'OEA/EPO KECilil.,\T!ON**DI:VEl.OI'~IFI'T** SITIIO:" 

# N

personallyknown 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 ofEnvironmental Quality Office ofEnvironmental Assessment Environmental Planning Division Definition ofBuilding Enclosure (BE) (LAC 33:III.2156) (AQ232)

July 20, 2003

Sworn to and subscribed before methis 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 ofThe Times, and that the attached Advertisement entitled: STATE OF LOUISIANA PARISH OF CADDO

As-percopy ofadvertisement hereto annexecC'wlsp;ublished'in TheTimes 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 regulalions, LAC 33:1\\.2156 (Log #A0232). LAC I33:IIIC11apler 21. Sub- :chapler N, provides**c~p** i 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 mcntal/hea 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 sUbm.it written_r..,omments .: 01 A0232. This proposed

# 0

on the propO"IJd regula-I regulation IS available lor I 

# 3

Itlon. Persons comment-. inspection al the**loll~w-** /'. ,..**~.** ling should reference IhIS. ing OEO olfice localil9n5 

# (J,.**j~** 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: StaleOffice 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 / pianninq/regs/index.fllm James H. Brent. Ph.D ASSlslanl SecrelHry The Times: July 20. '-1 NOTiC"E;;;-NTENT '.« Department 01

, EnvIConmental Ouality 

### IOHice 01 Environmental 

# Ii\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 ofEmission ofOrganic 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. Ifa 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 200I), 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 STATEORLOCALG 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 ECOLLECTIONS OFSTATE ORLOCALGOVERNtvlENf S(Summmy) It is estimated this Rule ill have no effect on revenue collections ofthe 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 ONCOtvlPETlTIONAl'. 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 0fBuilding Enclosure (LAC 33 :III.2156)(AQ232) Department ofEnvironmental Quality

Office ofEnvironmental 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 ofthe 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 July20, 2003 1220 

# OOUll1the 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 ofthe 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 September2,2003, 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 ofOS051.

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 0I; 130I 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 STATEOR ALGOVERNMENTUNITS (Surrunruy) This ru revision will result in no implementation c sts or savings to tate or local governmental units. 1I. ESTlN1A DEFFECrON REVENUECOLLECTIONS OFS ORLOC GOVE.RNtvlENTALUNITS (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. RobertE. 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 ofBuilding Enclosure

NOTICE OF mTENT Depart ent ofEnvironmental Qu' ity

OUice Environmental Assess '. nt

Enviro mental Planning Divj , on 1. ESTItvlATED lMPLEMENTATlON COSTS (SAVINGS) TO STATEORLOCALGOVERNi'vrENTUNITS (Surrumlly) There will be no costs or savings to state or local governmental units for this proposed Rule. IT. ESTItvlATEDEFFECrONREVENUECOLLECTIONS OFSTATE ORLOCALGOVERNi'vrENTAL UNITS (Surrumlly) There will be no effect on revenue collections of state or local governmental units 

### as aresult ofthis 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 ofthis Rule. N. ESTlN1ATEDEFFECTON 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 ofthe 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 rea

### Ii 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 ofthe Secretary t 1. Departmental Administrative Procedu 7. Penalties §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 July20, 2003

# PublicParticipationin accordance with R.S. Under the authority of the Environmental Quality Act, R.S. 30:2051 et seq., the secretary gives notice ofproposed 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 departmentpersonnel 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 ofthe 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 ofEnvironmental Quality

Office ofEnvironmental Assessment

Environmental PlanningDivision 2003 State ImplementationPlan (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. "-

HISTORICALNOrE: 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 ofEnvironmenta Asse ment, Environmental Planning Division, LR 30: §1313. UST Certilicatio

Repealed. AUTHORITY NOTE' in accordance with R.S. 30:200I et seq.

HISTORICALN 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



### *** USTCertification Board repealed. AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2001 etseq.

HISTO CALNOTE: 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 ofExamination 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 ofExaminations I. Examinatio s shall be conduc ed by personnel of the department orpe 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 30:200I et seq.

HISTORICALNOTE: 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 ofEnvironment I Assess ent, Environmental Planning Division, LR30: §131l. DenialofIss ance or Re ewal ofa 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 ofissua ce or renewal ofa certificate or or revocatIOn of a certi cate include the following:

. 

# 3

1. fail e to achieve a passing grade on 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 ofa certificate. Louisiana Register Vol. 30, No.2 February20, 2004following 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 ofthe Governor Division ofAdministration Office ofRisk lVlanagement New Mailing Address Due to the large volume ofmail that the Office ofRisk 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 ofincoming 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 ofRiskManagement PostOfficeBox 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 ofNatural Resources Of1ice ofConservation 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 ofAct 404, R.S. 30:80 et seq., and as such are being declared Orphaned Oilfield Sites.

Allan Wentworth Land Com any SiestaOil & 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 etal. 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 ofSocial Services Office ofCommunity Services 2004 Louisiana Emergency Shelter Grants Program AnticipatedFunds Availablity The Louisiana Department of Social Services (DSS) anticipates the availability of$1,480,263 in grant funds for distribution to applicant units oflocal 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 ofbuildings 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 forjurisdictions with a minimum population of 10,000 according to recent census figures. Recipient units oflocal 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 chiefelected official ofeach 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 ofthe Internal Revenue Code, has an**accoLlntin~** system and a

Il/Nfl··

. , 

## ouul.l t::: Louisiana Register Vol. 30, No.2 Febryary20, 2004

# ""'" .'. '..

# ~ED COpy

# ~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



## ----- BAI0NOOUGE r 

### 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:.VISIGNS 

### 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 Beforeme, the undersigned authority, personally came and appeared personallyknown to me,

DIANA W. B,A:fiBE'R, tIl,OTARY PUBLIC CADDO PARISH, LOUISIANA MY COMM,I 55 ION I S FOR LIFE


### , ,. 1 I \ ( , 

### Altheas Critton,

Sworn to and subscribed beforeme this 16th 

### day of February 2004

# (Signed)--,~,-==-=--==,**=---,,~==-'-==-=--.:...=--~**

As per copy ofadvertisement hereto annexed, was published in The Times on the following dates to wit: NOTICE OF INTENT Department ofEnvironmental Quality Office ofEnvironmental Assessment EnvironmentalPlanning Division AdvanceNotice ofProposed RulemakingUnderground Storage Tanks Regulations (0402Pot2) STATE OF LOUISIANA PARISH OF CADDO 

# Qrhr**G1imc~**

Who being duly swom, deposes and says thatshe is the Assistantto the ClassifiedAdvertising Manager ofThe Times, and that the attached Advertisement entitled:



# __

# ~~h\il**ik.~** (Notary)

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; 20j 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) 2j9-, 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/ X

# v.J

221 JEFFERSON STREET LAFAYETTE, LA 70501 

# ,

Acadian.' s Daily Newspaper 

# I

# F 3 2004

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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 (0402pon)

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** ;:, ,,;: ';..-.::'::::'"..**:;-_-:"~'.** ::';'".-:;;- .....;;.';**-~',:~,:.~"** -,- ..**~,** ."

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