## 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 ProtectionAgency, Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202**~Ill\** ..

### ~t:~**l}~"** ................•**~DRA.** 

## ?-1J.f.:r••..•I}WQ

. 6MD.•.••...•••••6SF••...••..•.•...•••**I}O~J** 

### 6RC••••••.••.•.•••••. 6PD

## .Q(~"crt; ••••

### 6U

..

# 7

..'W

# r-!-.

.**cJo!~\**



### RE: Parallel processing ofrevisions to LAC 33:III.2123 Organic Solvents withthe CTG SIP submittal
DearDr. Annendariz: The state ofLouisiana 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, 20IO. According to 40 CFR 51, Appendix V, Section 2.3 Exceptions, the Environmental Protection Agency (EPA) for purposes ofexpediting the review ofa plan may allow a state to submit a copy of a proposed regulation prior to publication ofEPA's final detenninationofplanapprovability. The Louisiana Department ofEnvironmental Quality (LDEQ) noticed this proposed rule in 

### the January 20, 20II issue ofthe Louisiana Register. A public hearing will be held on February 22, 20II. A copy ofthe rule, rule changes and promulgation schedule are included perthe requirements ofparaUel processing. Please address any questions regarding this VOC RACT/CTG 

### SIP to Vivian H. Aucoin, AirPennits Divisionat (225) 219-3419 orby email at vivian.aucoin@la.gov.

cc: Guy Donaldson, AirChief

Post Office Box 4313 • Baton Rouge, Louisiana 70821-4313 • Phone 225-219-3181 • Fax 225-219-3309 www,deq.louisiaoa.govNOTICE OF INTENT Department ofEnvironmental Quality Office ofthe 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, LA70802; 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, 

# Lt\ 70374; 201 Evans Ruad, Bldg. 4, Suite 420, New Orleans, LA 70123. Tille 

### 33 ENVIRONMENTALQUALITY Part III. Air Chapter 21. Control ofEmission orOrganic Compounds Subchapter 

### B. Surra/eCoatings §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 oflow solvent coatings, as provided in SUhsection C of this Section or where feasible, by incorporating one or more ofth; following control methods:

A.\.

- 

### I.

... AUl1!ORJ1YNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department or Environmental Quality, Office orAir 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 ofthe 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 ofAQ320. 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 offree parking are allowed in the Galvez Garage with a validated parking ticket
Herman Robinson, CPM Executive Counsel t FISCAL AND ECONOMIC IMPACfSTATEMENT FOR ADMINISTRATIVE RULES RULE TITLE: Organic Solvents; Emissions
L ESTIMATED IMPlEMENTA110N COSTS (SAVINGS) TO STATEORLOCALGOVERNMENTUNITS (Sumnmy) There will be no implementationcosts oT,savings to state or local governmental units as a result ofthe

## proposed rule. Th.Is rule change merely replaces language which was inadvertently removed inarule change inAugust2010. U. ESTIMATEDmECfONREVENUECOLLEC11ONSOFSTATE ORLOCALGOVERNMENTALUNITS (Sumnmy) There is no estimated effect on revenue collections ofstate or local governmental units resultingfrom the proposed rule. DI. ESTIMATED

# = ANl}'()R ECONOMIC BENEFITS TO DIRECTLY AFFECffiD PERSONS ORNONGOVERNMENTAL GROUPS(Sumnmy) There will be no signifiamt costs and/or economic benefits to directly affected persons or non-governmental groups as a resultofthe proposedrule.

Louisiana Register Vol. 37, No. 01 January20, 2011Steven Young Executive Director
D ECONOMIC IMPACT ST TEMENT R ADMINISTRATIVE R S RUL TITLE: Exam Ineligibili and Alternative HairDesign

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 ofAdministration through ffice ofState Unifonn Payroll, finds it necessary to adop StephenYoung Director 11011/.047 It L 6. the ability ofthe 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 ofCosm 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 FiscalOffice NOTICE OF INTENT Officeoftbe Governor Division ofAdministration

Board ofCosmotology
Exam IneligibilityandAlternative Hair Design (LAC 46:XXXI.310 and 1107) Herman Robinson, CPM Executive Counsel 1101#058 IV. ES11MA TED EFFECTON<nMPEillIlONAND EMPWYMENT (Summary) There is no estimatedeffect on competition 

### oremployment 

### as aresultoftheproposed rule.

rd ofCosmetology does hereby give noti ofits 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 IONALAND OCCUPATI STANDARDS Pa XXXI. Cosmetologis Cbapter3. Scb Is and Students §310. Ineligibility orExamination



### 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.

AlITHORIlYNOTE: Promul ted in accordance with RS. 37:S7S(A)(2).

HISTORICALNOTE: Prom gat d by the Office of the Governor, BoardofCosmetolo ,LR CbapterII. Special an Tempo ry Permits §1I07. Alternative Hair sign C riculum

A. Curriculwn. The lternative h 'r design curriculum shall consist ofat least 00 hours ofin uction which shall includebutnot be limi to the followin I.

- 8.

... AlITHORIlYNO Promulgated In with RS.37:S7S(BX2).

HISTORICALN TE: PromUlgated by the ffice of the Governor, Divisi ofAdministration, Board ofCo 29:332 (March2 3), amendedLR 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 supervisionoftheirchildren; 3. the functioning ofthe family; 4. family earningsand family budget; 5. .the behavior and personal responsibility children; or
Louisiana Register Vol. 37, No. 01 January20. 2011 366· PROPqSED JANUARY 20, 20II



### Title 33 ENVIRONMENTAL QUALITY PartIII. Air Chapter21. Control ofEmission ofOrganic Compounds SubchapterB. SurfaceCoatings §2123. Organic Solvents AQ320



### A. Exceptas provided in Subsections B and C ofthis Section, any emissions source using organic solvents having an emission ofvolatile organic compounds resulting from the application ofsurface coatings equal to ormore than 15 pounds (6.8 kilograms) perday, oran equivalentlevel of2.7 tons per 12-monthrolling period, shall control emissions ofvolatile organic compounds through the use oflow solventcoatings, as provided in SubsectionC ofthis Section, or, where feasible, by incorporating one ormore ofthe following control methods: 

### A.I.-1.

... AUTHORITYNOTE: Promulgated in accordance withR.S. 30:2054. HISTORICALNOTE: Promulgated by the DepartmentofEnvironmental Quality, Office ofAirQuality and NuclearEnergy,Air Quality Division, LR 13:741 (December 1987), amendedLR 16:119 (February 1990), amended by the Office ofAir Quality andRadiation Protection, Air QualityDivision, LR 17:654 (July 1991), LR 18:1122 (October 1992), LR22:340 (May 1996), LR 22:1212 (December 1996), LR 23:1678 (December 1997), LR 24:23 (January 1998), LR24: 1285 (July 1998), amended by the Office ofEnvironmentalAssessment, Environmental Planning Division, LR 25: 1240 (July 1999), LR 26:2453 (November2000), LR 28: 1765 (August2002), LR 30:746 (April 2004), amended by the Office ofthe Secretary, Legal Affairs Division, LR 31 :2440 (October2005), LR 33:2086 (October2007), LR 35: 1102 (June 2009), LR36: 1774 (August2010), repromulgated LR 36:2031 (September2010), 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 ofthe Louisiana Revised Statutes, there is hereby submitted a fiscal and economic impact statement on the rule proposed for adoption, repeal oramendment 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 ofthe proposed rule.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) There is no estimated effect on competition or employment as a result ofthe proposed rule.

Signature ofAgency Head or Designee Herman Robinson, CPM, Executive Counsel Typed Name and Title ofAgency Head or Designee Legislative Fiscal Officer or DesigneeSeCtion 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.

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

HISTORICALNOTE: Promulga d by the Department of Environmental Qualitx Office of Quality and Radiation Protection, Air Qual' Division, LR :II02 (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 ofthe Secret Le al AlTalTs Division, LR 31:2440 (October 2005), LR 33:208

ctober2007). 

## SubchapterB. 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 ofthe carbon in the organic compounds being incinerated is oxidized to carbon dioxide (except as provided in Subsection D ofthis 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 cutoffspecified in this Section that source shal! be subject and shal! remain subject to the requirements ofthis Subsection regardless offuture emission rates. B.. Soldering operations, painting and coating operations not listed in Subsection C ofthis Section, and dry cleaning operations using organic solvents that are not considered photochemically reactive shal! be considered for exemption from the requirements ofthis Section. 

### device calibration;

ofitems 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 ofthis Section and make said 10 avail ble to the administrative authority· upon request.

Q Reporting Require ents. The perator ofthe 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 ofthe 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 ofthis Sectio 3. the otal percent ofleakers, 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 oflastunit shutdown; the name ofthe 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;

November20I 0 EnvironmentalRegulatory 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,!"A

# l"

....... 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 

### computerfiles 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 computerfiles) due to RD, with: 

# .",:.' 

# ,....

## '

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


### • comment summaries and responses and comment key,

## 1.·~011 • concise statement,

. 

### • list oftechnical amendments, ifany, 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 submitthe commentsummarytothe rule originatoras soon as possible, depending on the numberofcomments received. 'Ifminororno comments are received, it may be possibletofinalizethe rule one month earlierby completing items 9and 10 

### immediatelyafterthe comment period ends and submittingthe summary report beforethe ninth ofthe month. !Upto nine months may be taken to respond to comments in ordertocompletethis cyclewithin the required one-yearperiod.

## Sandl.!!2.P.;.;.h&;.;n.s;...

_ I;rom: Sent: To:
Cc: Subject: Attachments:
January 10,20II 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 AlexAppeaning; Donald Trahan; Peggy Hatch; Herman Robinson; Susan Ham; Deidra Johnson; Bryan Johnston; Timothy Bergeron DEQ January2011 First ReportofProposed 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 TylerMcCloud, Attorney House Committee onNatural Resources and Environment 

### RE: FirstReporton 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 LouisianaAdministrative Procedure Act, the LouisianaDepartmentofEnvironmental 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 eachrule:

• 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 numberunderthe proposedmonth and year, at www.deq.louisiana.gov/portalltabid/I669/defauIt.aspx. Contact Susan Ham at (225) 219-3985 ifyou have any questions regarding this material. Sincerely, Hennan Robinson, CPM Executive Counsel e-mail attachments

cc: The Honorable Joel T. Chaisson, II 

### Presidentofthe Senate The HonorableJimTucker Speakerofthe House ofRepresentativesSusan Ham, Paralegal Department of Environmental Quality Legal Division 

### 225-219-4231

2· PROPOSED JANUARY 20, 2011



### NOTICE OF INTENT DepartmentofEnvironmental Quality Office ofthe Secretary Legal Affairs Division
Correction to Section 2123 (LAC 33:II1.2123.A) (AQ320) AQ320



### Underthe authority ofthe Environmental Quality Act, R.S. 30:2001 et seq., and in accordance withthe provisions ofthe Administrative Procedure Act, R.S. 49:950 et seq., the secretary gives notice thatrulemaking procedures have been initiatedto amendthe Air regulations, LAC 33:1I1.2123.A (Log #AQ320).
This Rulewill amend SubsectionA ofLAC 33"111.2123 byreplacing language thatwas inadvertenlyremoved in aprevious rulemaking. This oversightneeds to be corrected so the regulation will read accurately.
This proposed revision will also serve as arevision to the LouisianaAir Quality State ImplementationPlan. The basis and rationale forthis Rule are to mirrorthe control techniques guidelines issuedby the EPA. This rule meets an exception listed in R.S. 30:2019(D)(2) and R.S. 49:953(G)(3); therefore, no reportregarding environmentallhealthbenefits and socialleconomic costs is required.
This rule has no known impacton family formation, stability, and autonomy as described in R.S. 49:972.
Apublic hearing will be held on February 22, 20

### II, at I:30 p.m. inthe Galvez Building, OliverPollock Conference Room, 602 N. Fifth Street, Baton Rouge, LA 70802. The hearing will also be forthe revision to the State ImplementationPlan (SIP) to incorporatethis rule. Interestedpersons are invited to attend and submit oral comments onthe proposed amendments. Should individuals with a disability need an accommodation in orderto participate, contact Donald Trahan atthe address givenbelow orat (225) 219-3985. Two hours offree parking are allowed in the Galvez Garage with a validatedparking ticket.
All interestedpersons are invitedto submitwritten comments on the proposedregulation. Persons commenting shouldreference this proposedregulation by AQ320. Such comments must be received no laterthan March I, 2011, at4:30p.m., and shouldbe sentto Donald Trahan, Attorney Supervisor, Office ofthe Secretary, Legal Affairs Division, Box4302, Baton Rouge, LA 70821-4302 orto FAX 

### (225) 219-4068 or bye-mail to donald.trahan@la.gov. Copies ofthis proposedregulation can be purchased by contacting the DEQ Public Records Center at (225) 219-3168. Check ormoney order is required in advance for each copy ofAQ320. This regulation is available onthe Internet atwww.deg.louisiana.gov/portalltabid/1669/default.aspx.PROPOSED JANUARY 20, 2011 AQ320

.



### This proposedregulation is available for inspection atthe following DEQ office locations from 8 a.m. until 4:30 p.m.: 602 N. Fifth Street, BatonRouge, LA 70802; 1823 Highway 546, WestMonroe, LA 71292; State Office Building, 1525 FairfieldAvenue, Shreveport, LA 71101; 1301 Gadwall Street, Lake Charles, LA 70615; III New CenterDrive, Lafayette, LA 70508; 110 Barataria Street, Lockport, LA 70374; 201 Evans Road, Bldg. 4, Suite420, 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 ofthe 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 ofthe content ofthe rule (if proposed for adoption, or repeal) or a brief summary ofthe change in the rule (if proposed for amendment). Attach a copy ofthe notice of intent and a copy ofthe 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. Ifthe Action is required by federal regulation, attach a copy ofthe applicable regulation. In a previous rule, language in Subsection A of LAC 33:111.2123 was inadvertentiy struck. This oversight needs to be corrected forthe 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 offunds? If so, specify amount and source offunding. The proposed rule change will not result in any increase in the expenditure offunds. (2) Ifthe answerto (1) above is yes, has the Legislature specifically appropriated the funds necessary for the associated expenditure increase? (a)

__Yes. Ifyes, attach documentation. (b)

__ No. If no, providejustification 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 implementthe proposed action? There is no anticipated increase or decrease in costs to implementthe proposed action.
COSTS PERSONAL SERVICES FY10-11 FY11-12 FY12-13PROPOSED 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 ofthe 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 ofthe implementation ofthe proposed action. Describe all data, assumptions, and methods used in calculating these costs. This statement is not applicable.

3. Sources offunding 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 sufficientfunds to implement the proposed action? If not, how and when do you anticipate Obtaining such funds? The department has sufficientfunds to implementthe proposed action.

B. COST OR SAVINGS TO LOCAL GOVERNMENTAL UNITS RESULTING FROM THE ACTION PROPOSED. 1. Provide an estimate ofthe anticipated impact ofthe 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 ofthe local governmental unitwhich 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 DIRECTLYAFFECTED 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 ofthe 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 ofthe proposed action on competition and employment in the public and private sectors. Include a summary ofany 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.