RE CEIVED RECEIVED - 6PDL

BOBBY JINDAL AIR PLAfl~ING @f£Gy M. HATCH

GOVERNOR SECRETARY

II FEB I4 P~ 3: I8 f '7( ,,11 FEB 23 PH 3: 35 $latt 0 :f'.,OUlSlana £XFCil~;Abft~P!f~M~F ENVIRONMENTAL QUALITY

ENVIRONMENTAL SERVICES

February 7, 2011

Dr. AI Annendariz, Regional Administrator

U. S. Environmental Protection Agency, Region 6

1445 Ross Avenue, Suite 1200

Dallas, TX 75202

~Ill\ ..~t:~ l}~"................•

~DRA.?-1J.f.:r••..•I}WQ .

6MD.•.••...•••••6SF••...••..•.•...•••

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RE: Parallel processing ofrevisions to LAC 33:III.2123 Organic Solvents with the CTG

SIP submittal

Dear Dr. Annendariz:

The state of Louisiana is submitting the proposed rule revision to Chapter 21, Section

2123, Organic Solvents that is included in the Volatile Organic Compounds (VOC)

Reasonably Achievable Control Technology (RACT)/Control Techniques Guidelines

(CTG) State Implementation Plan (SIP) submitted to your agency on August 31, 20 IO.

According to 40 CFR 51, Appendix V, Section 2.3 Exceptions, the Environmental

Protection Agency (EPA) for purposes of expediting the review of a plan may allow a

state to submit a copy of a proposed regulation prior to publication of EPA's final

detennination of plan approvability.

The Louisiana Department of Environmental Quality (LDEQ) noticed this proposed rule

in the January 20, 20 II issue ofthe Louisiana Register. A public hearing will be held

on February 22, 20 II. A copy of the rule, rule changes and promulgation schedule are

included per the requirements ofparaUel processing.

Please address any questions regarding this VOC RACT/CTG SIP to Vivian H. Aucoin,

Air Pennits Division at (225) 219-3419 or by email at vivian.aucoin@la.gov.

cc: Guy Donaldson, Air Chief

Post Office Box 4313 • Baton Rouge, Louisiana 70821-4313 • Phone 225-219-3181 • Fax 225-219-3309

www,deq.louisiaoa.gov
NOTICE OF INTENT

Department of Environmental Quality

Office of the Secretary

Organic Solvents; Emissions

(LAC 33:II1.2123)(AQ320)

Under the authority of the Environmental Quality Act,

RS. 30:2001 et seq., and in accordance with the p~visions

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:II1.2123.A

(Log #AQ320).

This Rule will amend SUhsection A ofLAC 33:II1.2123 by

replacing language that was inadvertenly removed in a

previous rulemaking. This oversight needs to be corrected so

the regulation will read accurately.

This proposed Tt\Yision will also serve as a revision to the

Louisiana Air Quality State Implementation Plan. The basis

and rationale for this Rule are to mirror the control

techniques guidelines issued by the EPA. This Rule meets an

exception listed in RS. 30:20I9(DX2) and RS.

49:953(GX3); therefore, no / report regarding

environmentallhealth benefits and social/economic costs is

required.

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 Ruuge, 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; III New Center Drive

Lafayette, LA 70508; 11 0 Barataria Street, Lockport, Lt\

70374; 201 Evans Ruad, Bldg. 4, Suite 420, New Orleans,

LA 70123.

Tille 33

ENVIRONMENTAL QUALITY

Part III. Air

Chapter 21. Control of Emission or Organic Compounds

Subchapter B. Surra/e Coatings

§2123. Organic Solvents

A. Except as provided in SUhsections B and C of this

Section, any emissions source using organic solvents having

an emission of volatile organic cornpou~ds resulting from

the application ofsurface coatings equal to or more than 15

pounds (6.8 kilograms) per day, or an equivalent level of2.7

tons per 12-month rolling period, sball control emissions of

volatile organic compounds through the use of low solvent

coatings, as provided in SUhsection C of this Section or

where feasible, by incorporating one or more of th;

following control methods:

A.\. - I. ...

AUl1!ORJ1Y NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department or

Environmental Quality, Office or Air Quality and Nuclear Energy,

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

16: 119 (February 1990), amended by the Office orAir Quality and

Radiation Protection, Air Quality DiVision, LR 17:654 (July 1991),

LR 18:1122 (October 1992), LR 22:340 (May 1996), LR 22:1212

(December 1996), LR 23:1678 (December 1997), LR 24:23

365

(January 1998), LR 24:1285 (JUly 1998), amended by the Office of

Environmental Assessment, Environmental Planning Division, LR

25:1240 (July 1999), LR 26:2453 (November 2000), LR 28:1765

(August 2002), LR 30:746 (April 2004), amended by the Office of

the Secretary, Legal Affairs Division, LR 31 :2440 (October 2005),

LR 33:2086 (October 2007), LR 35:1102 (June 2009), LR 36:1774

(August 2010), repromulg.ted LR 36:2031 (September 2010), ill

37:

Family Impact Statement

This Rule has no known impact 01> family formation

stability, and autonomy as described in RS. 49:972. '

Public Comments

All interested persons are invited to submit written

comments on the proposed regulation. Persons commenting

should reference this proposed regulation by AQ320. Such

comments must be received no later than March I, 2011, at

4:30 p.m., and sbould be sent to Donald Trahan, Attorney

Supervisor, Office of the Secretary, Legal Affairs Division,

Box 4302, Baton Rouge, LA 70821-4302 or to fax (225)

219-4068 or bye-mail to donaJd.trahan@la.gov. Copies of

this prop~sed regulation can be purchased by contacting the

DEQ Public Records Center at (225) 219-3168. Check or

money order is required in advance for each copy of AQ320.

This regulation is available on the Internet at

www.deq.louisiana.gov/portal/tabidlI669/defaultaspx.

Public Hearing

A public hearing will be held on February 22, 2011, at

I:30 p.m. in the Galvez Building, Olive~ Pollock Conference

Room, 602 N. Fifth Street, Baton Rouge, LA 70802. The

hearing will also be for the revision to the State

Implementation PI8I1 (SIP) to incorporate this Rule.

Intereated persons are invited to attend and submit oral

comments On the proposed amendments. Should individuals

with a disability need an accommodation in order to

participate, contact Donald Trahan at the address given

below or at (225) 219-3985. Two hours of free parking are

allowed in the Galvez Garage with a validated parking

ticket

Herman Robinson, CPM

Executive Counsel

t

FISCAL AND ECONOMIC IMPACf STATEMENT

FOR ADMINISTRATIVE RULES

RULE TITLE: Organic Solvents; Emissions

L ESTIMATED IMPlEMENTA110N COSTS (SAVINGS) TO

STATE ORLOCALGOVERNMENTUNITS (Sumnmy)

There will be no implementation costs oT,savings to state or

local governmental units as a result of the proposed rule. Th.Is

rule change merely replaces language which was inadvertently

removed in a rule change in August 2010.

U. ESTIMATED mECfON REVENUE COLLEC11ONS OF STATE

ORLOCALGOVERNMENTAL UNITS (Sumnmy)

There is no estimated effect on revenue collections ofstate

or local governmental units resulting from the proposed rule.

DI. ESTIMATED = ANl}'()R ECONOMIC BENEFITS TO

DIRECTLY AFFECffiD PERSONS OR NONGOVERNMENTAL

GROUPS (Sumnmy)

There will be no signifiamt costs and/or economic benefits

to directly affected persons or non-governmental groups as a

result ofthe proposed rule.

Louisiana Register Vol. 37, No. 01 January 20, 2011
Steven Young

Executive Director

D ECONOMIC IMPACT ST TEMENT

R ADMINISTRATIVE R S

RUL TITLE: Exam Ineligibili and

Alternative Hair Design

local government

In ccordance with the applicable provisions of .S.

49: 0 et seq., and pursuant to the authority granted un r

. 42:455(A), the Division of Administration through

ffice of State Unifonn Payroll, finds it necessary to adop

Stephen Young

Director

11011/.047

It

L

6. the ability of the family or a local government 0

rform the function as contained in the proposed nd

a ended rules.

Public Comments

I erested persons may submit 'Mitten comme ts to'

Stev Young, Executive Director, Board of Cosm ology,

11622 Sunbelt Court, Baton Rouge, LA 70809, by csimile

to (22 756-3410 or by email to DebryBianch d.Legal

@LA.g v by 8 a.m., February 14,2011.

Evan Brasseaux

StaffDirector

Legislative Fiscal Office

NOTICE OF INTENT

Office of tbe Governor

Division of Administration

Board of Cosmotology

Exam Ineligibility and Alternative Hair Design

(LAC 46:XXXI.310 and 1107)

Herman Robinson, CPM

Executive Counsel

1101#058

IV. ES11MATED EFFECT ON <nMPEillIlON AND EMPWYMENT

(Summary)

There is no estimated effect on competition or employment

as a result ofthe proposed rule.

rd of Cosmetology does hereby give noti of its

enact a Rule (LAC 46:XXXl310) re arding

eligibility r examinations administered and to end the

Rule (LAC 46:XXXI.1107.A) regarding the cational

requirements alternative hair design permits.

Title 46

PROFE IONAL AND OCCUPATI

STANDARDS

Pa XXXI. Cosmetologis

Cbapter 3. Scb Is and Students

§310. Ineligibility or Examination

A. Ineligibility Pe .00. Any indivi ual who takes a

'Mitten examination thr times witho receiving a passing

score shall be ineligible take any a (litional examinations

until such time as the individ provides proof of

completion of an addition 1 250 ours in the applicable

curriculum at a cosmetolog ch I approved by the board

and provides a clearance from 001 attended.

AlITHORIlY NOTE: Promul ted in accordance with RS.

37:S7S(A)(2).

HISTORICALNOTE: Prom gat d by the Office of the

Governor, Board ofCosmetolo ,LR

Cbapter II. Special an Tempo ry Permits

§1I07. Alternative Hair sign C riculum

A. Curriculwn. The lternative h 'r design curriculum

shall consist of at least 00 hours of in uction which shall

include but not be limi to the followin

I. - 8. ...

AlITHORIlY NO Promulgated In with

RS.37:S7S(BX2).

HISTORICAL N TE: PromUlgated by the ffice of the

Governor, Divisi of Administration, Board of Co

29:332 (March 2 3), amended LR 37:

Family Impact Statement

Neither th proposed Rule nor the amended R

have any own or foreseeable impact on any

defined by, S. 49:972.D, or on family formation, bility

and auto omy. There should be no known or fores

effect

I. the stability ofthe family;

2 the authority and rights of persons regarding

edu tion and supervision oftheir children;

3. the functioning ofthe family;

4. family earnings and family budget;

5. .the behavior and personal responsibility

children; or

Louisiana Register Vol. 37, No. 01 January 20. 2011 366
· PROPqSED JANUARY 20, 20 II

Title 33

ENVIRONMENTAL QUALITY

Part III. Air

Chapter 21. Control of Emission of Organic Compounds

Subchapter B. Surface Coatings

§2123. Organic Solvents

AQ320

A. Except as provided in Subsections B and C ofthis Section, any emissions source

using organic solvents having an emission of volatile organic compounds resulting from the

application ofsurface coatings equal to or more than 15 pounds (6.8 kilograms) per day, or an

equivalent level of2.7 tons per 12-month rolling period, shall control emissions of volatile

organic compounds through the use oflow solvent coatings, as provided in Subsection C ofthis

Section, or, where feasible, by incorporating one or more ofthe following control methods:

A.I.-1. ...

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

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality,

Office ofAir Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987),

amended LR 16:119 (February 1990), amended by the Office ofAir Quality and Radiation

Protection, Air Quality Division, LR 17:654 (July 1991), LR 18:1122 (October 1992), LR 22:340

(May 1996), LR 22:1212 (December 1996), LR 23:1678 (December 1997), LR 24:23 (January

1998), LR 24: 1285 (July 1998), amended by the Office ofEnvironmental Assessment,

Environmental Planning Division, LR 25: 1240 (July 1999), LR 26:2453 (November 2000), LR

28: 1765 (August 2002), LR 30:746 (April 2004), amended by the Office ofthe Secretary, Legal

Affairs Division, LR 31 :2440 (October 2005), LR 33:2086 (October 2007), LR 35: 1102 (June

2009), LR 36: 1774 (August 2010), repromulgated LR 36:2031 (September 2010), LR 37:**.
PROPOSED JANUARY 20, 20 ii

FISCAL AND ECONOMIC IMPACT STATEMENT

FOR ADMINISTRATIVE RULES

AQ320.

LOG#: AQ320

Person

Preparing

Statement:

Phone:

Return

Address:

Timothy Bergeron Dept:

timothy.bergeron@la.gov (email address)

(225) 219-3410 Office:

Rule

602 North Fifth St Title:

Baton Rouge. LA 70802

Environmental Qualitv

Environmental Services

Correction to Section 2123

(LAC 33:11I.2123.A)

Date Rule

Takes Effect: Upon Promulgation

SUMMARY

(Use complete sentences)

In accordance with Section 953 of Title 49 of the Louisiana Revised Statutes, there is hereby submitted a

fiscal and economic impact statement on the rule proposed for adoption, repeal or amendment THE

FOLLOWING STATEMENTS SUMMARIZE ATTACHED WORKSHEETS, I THROUGH IV AND WILL BE

PUBLISHED IN THE LOUISIANA REGISTER WITH THE PROPOSED AGENCY RULE.

I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENTAL

UNITS (Summary)

There will be no implementation costs or savings to state or local governmental units as a result of the

proposed rule. This rule change merely replaces language which was inadvertently removed in a rule

change in August 2010.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL

UNITS (Summary)

There is no estimated effect on revenue collections of state or local governmental units resulting from

the proposed rule.

III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS

OR NON-GOVERNMENTAL GROUPS (Summary)

There will be no significant costs and/or economic benefits to directly affected persons or nongovernmental groups as a result of the proposed rule.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

There is no estimated effect on competition or employment as a result of the proposed rule.

Signature of Agency Head or Designee

Herman Robinson, CPM, Executive Counsel

Typed Name and Title of Agency Head or Designee

Legislative Fiscal Officer or Designee
SeCtion 2122 Title 33, Part III

c. the stream identification at the leak;

d. the date the leak was located;

e. the date maintenance was attempte

the date the leak will be if the

t is awaiting a shutdown; and

g. reason repairs failed or ere postponed;

5. around for repair; and

6. a signed st ement attes' g to the fact that all other

monitoring has bee perfo ed as required by the

regulations.

AUTHORITY NOTE: in accordance with R.S.

30:2054.

HISTORICAL NOTE: Promulga d by the Department of

Environmental Qualitx Office of Quality and Radiation

Protection, Air Qual' Division, LR :II 02 (October 1994),

repromulgated LR 20:1279 (November 994), amended LR

22: 1129 (Nove er 1996), LR 22: 1212 December 1996),

repromulgated 23:197 (February 1997), ame ed LR 23:1678

(December I 7), LR 24:22 (January 1998), LR: 4: 1285 (July

1998), arne (jed by the Office of Environmental ssessment,

Environm tal Planning Division, LR 26:2453 (Novem r 2000),

LR 28' 764 (August 2002), LR 30:1660 (August 2004),

repro Igated by the Office of Environmental Assessmen LR

30:2 0 (September 2004), amended by the Office of the Secret

Le al AlTalTs Division, LR 31:2440 (October 2005), LR 33:208

ctober 2007).

Subchapter B. Surface Coatings

§21%3.·0rPJi1~SoJ'\'lliJts

A; Except as provided in Subsections Band C of this

Section, any emissions of volatile organic compounds

resulting from the application ofsurface coatings equal to or

more than 15 pounds (6.8 kilograms) per day, or an

equivalent level of 2.7 tons per 12-month rolling period,

shall control emissions of volatile organic compounds

through the use of low solvent coatings, as provided in

Subsection C of this Section, or, where feasible, by

incorporating one or more ofthe following control methods:

1. incineration, provided 90 percent of the carbon in

the organic compounds being incinerated is oxidized to

carbon dioxide (except as provided in Subsection D of this

Section);

2. carbon adsorption, with a control efficiency of at

least 90 percent, ofthe organic compounds;

3. any other equivalent means as may be approved by

the administrative authority. Once a source exceeds the

emission cutoff specified in this Section that source shal! be

subject and shal! remain subject to the requirements of this

Subsection regardless of future emission rates.

B.. Soldering operations, painting and coating operations

not listed in Subsection C of this Section, and dry cleaning

operations using organic solvents that are not considered

photochemically reactive shal! be considered for exemption

from the requirements of this Section.

device calibration;

of items checked versus the

i.

h.

f.

j. a list oftotal num

total found leaking.

3. The operator et in the survey log for two

years after the latter date s cifi d in Paragraph F.2 of this

Section and make said 10 avail ble to the administrative

authority· upon request.

Q Reporting Require ents. The perator of the affected

facility shall submit a r port semian ally to the Office of

Environmental Assess ot containing e infonnation below

for each calendar qu er during the r orting period. The

reports are due by t last day of the onth (January and

July) following the onitoring period or a date approved

by the department. he reports shall incl e the following

information for ea quarter ofthe reporting eriod:

checked vers the number

2. the 11 rcent of components leaking r the test

period, as defi ed in Paragraph C.4 of this Sectio

3. the otal percent of leakers, as defined in

C.50fthis ection;

4. listing of all leaks that were identified,

repaired, within the 15-day limit, including the foil

inform on:

the name of the unit where the leak

nent is located and the date oflast unit shutdown;

the name of the leaking component;

I. When a component which has a leak that cannot b

tepaired, as described in Subsection C of this Section, s

. !lIcated, a weatherproof and readily visible tag bearing an

id tification number and the date the leak is located all

be ffixed to the leaking component. After the leak has

repa ed the tag identifying the component as a I

comp nent may be removed.

2. A survey log shall be maintained by the.

and sha include the following:

a. the name of the process unit where e leaking

componen is located;

b. e name ofthe leaking component;

c. th stream identification at the Ie

d. the entification number from e tag required

by Paragraph F.I ofthis Section;

e. the dat the leak was located;

November 20I 0 Environmental Regulatory Code 160
TENTATIVE DEADLINES FOR RULEMAKING ACTIVITIES

Log #320

Fiscal Office Dec. 20, 2010; Proposed Jan. 20. 2011; Final May 20. 2011

"'T,i;:!'!IJI,~ ", RULEMAKING

DESCRIPTION ~~g~ DEADLINE ..:r>i,~~1'.!-'1B

1. Signed Request to Initiate Rulemaking Activity form, ...• l~1

Draft rule, draft FEIS, Family Impact Statement, and l,!"Al

"....... CosUbenefit certification or cosUbenefit analysis due to RD

Draft rule due to Legal (RD responsibility) , '.,

2. I..' ..' ..T

3. Completed FEIS and Fiscal Office Draft rule due to RD /' ' ..' .'

(MS Word computer files of FEIS and strikeouVunderline rule) 'i!~~~~'1!~i

:2010':" ..... ,

4. Signed FEIS and Fiscal Office Draft rule due to Fiscal Office Dec. 20, 2010

5. NOI to State Register, RD web page, &interested persons Jan. 10, 2011

6. NOI published in Louisiana Reaister; comment period begins Jan. 20, 2011

7. DEQ Public Hearing date Feb. 22, 2011

8. Comment period ends March 1, 2011

9. RD summarized comments transmitted to rule originator •• March 15,

2011

10. Summary report (MS Word computer files) due to RD, with: .",:.' ,....'

• written authorization to proceed, t~Apf;5,'

• comment summaries and responses and comment key, 1.·~011

• concise statement, .

• list of technical amendments, if any, and

• proposed rule with technical amendments • , (strikeouVunderline/hiohliohtl '.

11. Summary report to LOC, RD web page, &commenters Apr. 10, 2011

5·30 days after

12. LOC Hearing window submittal of

summary reDort

13. Rule to State Register, RD web page, &interested persons May 10, 2011

14. Rule published in Louisiana Register and is final rule May 20,2011

-The RD will submit the comment summary to the rule originator as soon as possible, depending on the number of comments

received.

'If minor or no comments are received, it may be possible to finalize the rule one month earlier by completing items 9and 10

immediately after the comment period ends and submitting the summary report before the ninth of the month.

!Up to nine months may be taken to respond to comments in order to complete this cycle within the required one-year period.
Sandl.!!2.P.;.;.h&;.;n.s;... _

I;rom:

Sent:

To:

Cc:

Subject:

Attachments:

January 10,20 II

Susan Ham

Monday, January 10, 201110:39 AM

'marshb@legis.state.la.us': 'carterd@legis.state.la.us'; 'jacksonb@legis.state.la.us';

'wileyjw@legis.state.la.us'; 'kingsu@legis.state.la.us': 'tauzine@legis.state.la.us':

'mccloudt@legis.state.la.us'; wellsc@legis.state.la.us

Alex Appeaning; Donald Trahan; Peggy Hatch; Herman Robinson; Susan Ham; Deidra

Johnson; Bryan Johnston; Timothy Bergeron

DEQ January 2011 First Report of Proposed Rules

AQ320 NOTICE TO LOC & AG.docx; AQ315 NOTICE TO LOC & AG.docx

The Honorable Jody Amedee, Chainnan

c/o Cathy Wells, Committee Senior Researcher

Senate Committee on Environmental Quality

The Honorable Gordon E. Dove, Sr., Chainnan

c/o Tyler McCloud, Attorney

House Committee on Natural Resources and Environment

RE: First Report on Proposed Rules

AQ315-Necessary Regulatory Revisions Prompted by Greenhouse Gas Regulation (LAC 33:III.lll,

211,223, SOl, 503, 523, 537 & 2132)

AQ320-Correction to Section 2123(LAC 33:1I1.22123.A)

Pursuant to the Louisiana Administrative Procedure Act, the Louisiana Department of Environmental Quality is

submitting the proposed rule that will be noticed in the January 20, 2011, issue ofthe Louisiana Register. The

following documents are in the attached file for each rule:

• the Notice ofIntent;

• the Proposed Rule; and

• the Fiscal and Economic Impact Statement, ifrequired.

These regulations are also available on the Internet, by the rule log number under the proposed month and year,

at www.deq.louisiana.gov/portalltabid/I669/defauIt.aspx. Contact Susan Ham at (225) 219-3985 if you have

any questions regarding this material.

Sincerely,

Hennan Robinson, CPM

Executive Counsel

e-mail attachments

cc: The Honorable Joel T. Chaisson, II

President ofthe Senate

The Honorable Jim Tucker

Speaker ofthe House of Representatives
Susan Ham, Paralegal

Department of Environmental Quality

Legal Division

225-219-4231

2
· PROPOSED JANUARY 20, 2011

NOTICE OF INTENT

Department of Environmental Quality

Office ofthe Secretary

Legal Affairs Division

Correction to Section 2123

(LAC 33:II1.2123.A) (AQ320)

AQ320

Under the authority ofthe 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 33:1I1.2123.A (Log #AQ320).

This Rule will amend Subsection A of LAC 33"111.2123 by replacing language that was

inadvertenly removed in a previous rulemaking. This oversight needs to be corrected so the

regulation will read accurately.

This proposed revision will also serve as a revision to the Louisiana Air Quality State

Implementation Plan. The basis and rationale for this Rule are to mirror the control techniques

guidelines issued by the EPA. This rule meets an exception listed in R.S. 30:20 19(D)(2) and

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

socialleconomic costs is required.

This rule has no known impact on family formation, stability, and autonomy as described

in R.S. 49:972.

A public hearing will be held on February 22, 20 II, at I:30 p.m. in the Galvez Building,

Oliver Pollock Conference Room, 602 N. Fifth Street, Baton Rouge, LA 70802. The hearing

will also be for the revision to the State Implementation Plan (SIP) to incorporate this 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

Donald Trahan at the address given below or at (225) 219-3985. Two hours of free parking are

allowed in the Galvez Garage with a validated parking ticket.

All interested persons are invited to submit written comments on the proposed regulation.

Persons commenting should reference this proposed regulation by AQ320. Such comments must

be received no later than March I, 2011, at 4:30 p.m., and should be sent to Donald Trahan,

Attorney Supervisor, Office ofthe Secretary, Legal Affairs Division, Box 4302, Baton Rouge,

LA 70821-4302 or to FAX (225) 219-4068 or bye-mail to donald.trahan@la.gov. Copies ofthis

proposed regulation can be purchased by contacting the DEQ Public Records Center at (225)

219-3168. Check or money order is required in advance for each copy of AQ320. This

regulation is available on the Internet at www.deg.louisiana.gov/portalltabid/1669/default.aspx.
PROPOSED JANUARY 20, 2011 AQ320 .

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; III New Center Drive, Lafayette, LA 70508; 110

Barataria Street, Lockport, LA 70374; 201 Evans Road, Bldg. 4, Suite 420, New Orleans, LA

70123.

Herman Robinson, CPM

Executive Counsel
• PROP9SED JANUARY 20, 2011

Date of Signature Date of Signature

AQ320

FISCAL AND ECONOMIC IMPACT STATEMENT

FOR ADMINISTRATIVE RULES

The following information is requested in order to assist the Legislative Fiscal Office in its review of the

fiscal and economic impact statement and to assist the appropriate legislative oversight subcommittee in

its deliberation on the proposed rule.

A. Provide a brief summary of the content of the rule (if proposed for adoption, or repeal) or a brief

summary of the change in the rule (if proposed for amendment). Attach a copy of the notice of intent

and a copy of the rule proposed for initial adoption or repeal (or, in the case of a rule change, copies

of both the current and proposed rules with amended portions indicated).

This rule will amend Subsection A of LAC 33:111.2123 by replacing language that was inadvertently

removed in a previous rulemaking.

B. Summarize the circumstances which require this action. If the Action is required by federal regulation,

attach a copy of the applicable regulation.

In a previous rule, language in Subsection A of LAC 33:111.2123 was inadvertentiy struck. This

oversight needs to be corrected for the regulation to read correctly.

The proposed rule will serve as a revision to the Louisiana State Implementation Plan (SIP) for air

quality.

C. Compliance with Act 11 of the 1986 First Extraordinary Session

(1) Will the proposed rule change result in any increase in the expenditure of funds? If so, specify

amount and source of funding.

The proposed rule change will not result in any increase in the expenditure of funds.

(2) If the answer to (1) above is yes, has the Legislature specifically appropriated the funds necessary

for the associated expenditure increase?

(a) __Yes. If yes, attach documentation.

(b) __ No. If no, provide justification as to why this rule change should be published at this time.

This question is not applicable.

FISCAL AND ECONOMIC IMPACT STATEMENT

WORKSHEET

I. A. COSTS OR SAVINGS TO STATE AGENCIES RESULTING FROM THE ACTION

PROPOSED

1. What is the anticipated increase (decrease) in costs to implement the proposed action?

There is no anticipated increase or decrease in costs to implement the proposed action.

COSTS

PERSONAL SERVICES

FY10-11 FY11-12 FY12-13
PROPOSED JANUARY 20, 2011

OPERATING EXPENSES

PROFESSIONAL SERVICES

OTHER CHARGES

EQUIPMENT

TOTAL

MAJOR REPAIR & CONSTR

POSITIONS (#)

-0-

-0-

-0-

-0-

-0-

-0-

-0-

-0-

-0

AQ320 '

2. Provide a narrative explanation of the costs or savings shown in "A. 1.", including the

increase or reduction in workload or additional paperwork (number of new forms, additional

documentation, etc.) anticipated as a result of the implementation of the proposed action.

Describe all data, assumptions, and methods used in calculating these costs.

This statement is not applicable.

3. Sources of funding for implementing the proposed rule or rule change.

SOURCE

STATE GENERAL FUND

AGENCY SELF-GENERATED

DEDICATED

FEDERAL FUNDS

OTHER (Specify)

TOTAL

FY10-11

-0-

-0-

-0-

-0-

-0-

-0-

FYll-12

-0-

-0-

-0-

-0-

-0-

-0-

FfY12-13

-0-

-0-

-0-

-0-

-0-

-0-

4. Does your agency currently have sufficient funds to implement the proposed action? If

not, how and when do you anticipate Obtaining such funds?

The department has sufficient funds to implement the proposed action.

B. COST OR SAVINGS TO LOCAL GOVERNMENTAL UNITS RESULTING FROM THE

ACTION PROPOSED.

1. Provide an estimate of the anticipated impact of the proposed action on local

governmental units, including adjustments in workload and paperwork requirements. Describe all

data, assumptions and methods used in calculating this impact.

No impact on local governmental units is anticipated resulting from the proposed action.

2. Indicate the sources of funding of the local governmental unit which will be affected by

these costs or savings.

This statement is not applicable.

FISCAL AND ECONOMIC IMPACT STATEMENT

WORKSHEET

II. EFFECT ON REVENUE COLLECTIONS OF STATE AND LOCAL GOVERNMENTAL UNITS

A. What increase (decrease) in revenues can be anticipated from the proposed action?
PROPOSED JANUARY 20, 2011

No increase or decrease in revenues is anticipated from the proposed action.

AQ320

REVENUEINCREAS8DECREASE

STATE GENERAL FUND

AGENCY SELF-GENERATED

RESTRICTED FUNDS·

FEDERAL FUNDS

LOCAL FUNDS

TOTAL

·Specify the particular fund being impacted.

FY10-11

-0-

-0-

-0-

-0-

-0-

-0-

FY11-12

-0-

-0-

-0-

-0-

-0-

-0-

FY12-13

-0-

-0-

-0-

-0-

-0-

-0-

B. Provide a narrative explanation of each increase or decrease in revenues shown in "A" Describe

all data, assumptions, and methods used in calculating these increases or decreases.

This statement is not applicable.

III. COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR

NONGOVERNMENTAL GROUPS

A What persons or non-governmental groups would be directly affected by the proposed action?

For each, provide an estimate and a narrative description of any effect on costs, including

workload adjustments and additional paperwork (number of new forms, additional documentation,

etc.), they may have to incur as a result of the proposed action.

No persons or non-governmental groups will incur significant costs or realize economic benefits

from the proposed action.

B. Also provide an estimate and a narrative description of any impact on receipts and/or income

resulting from this rule or rule change to these groups.

There will be no impact on receipts and/or income from the proposed rule.

IV EFFECTS ON COMPETITION AND EMPLOYMENT

Identify and provide estimates of the impact of the proposed action on competition and employment in

the public and private sectors. Include a summary of any data, assumptions and methods used in

making these estimates.

There will be no impact on competition or employment in the public or private sector as a result of the

proposed rule.