BOBBY }INDAL G(l\'ERNOR 

# $tate of Jloutsiana RECEIVED- 6PDL 

# AIR PLittiH(#{N)BtJj\TCH SECRETARY 

## 13 MAR -7 PH 5: o·1

DEPARTMENT OF ENVIRONMENTAL QUALITI' 

## ENVIRONMENTAL SERVICES February 27, 2013

Mr. Thomas H. Diggs Associate Director, Air Programs (6PD) 

### U.S. Environmental Protection Agency, Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733
Re: Louisiana State Implementation Plan (SIP) Update 

### PMz.s Increments
Dear Mr. Diggs: On October 20, 20I0, the Environmental Protection Agency (EPA) promulgated a rule entitled "Prevention ofSignificant Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers (PM2.5

### )-Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC)." 1


### This rule establishes "final PM2.s increments as minimum program elements for all State PSD programs" and requires states to "submit for EPA's approval revised SIPs that incorporate the final PM2.s increments or alternative measures that can be demonstrated to EPA's satisfaction to provide an equivalent level ofprotection as the PM2
.5 

### increments."2 

### The rule also acknowledges that SILs and SMCs "are notrequired by the Act as part ofan approvable SIP program" andthat "states are not under any SIP-related deadline for revising their PSD programs to add these screening tools."3 

### By way of this correspondence, the State ofLouisiana, through the Louisiana Department of Environmental Quality (LDEQ), transmits to EPA revisions to LAC 33:Ill.509 (Prevention of Significant Deterioration) adopted on December 20, 2012, as requiredbythe aforementioned rule. LDEQ's rulemaking, identified as AQ328ft, was proposed 

### in the 

### Louisiana RegisteronMarch 20, 2012; and a public hearing was held on April 25, 2012. The proposed rulemaking package is included as Attachment A. 

### Public comments were received from EPA; no other written or oral comments were received. EPA's comments, the public hearing transcript, and LDEQ's Comment SummaryResponse & 

### C'..oncise Statement are included as Attachment B. In response to EPA's comments, substantive changes to AQ328ft were proposed. Notice of a second comment period and public hearing was published in the 

### Louisiana Registeron September 20, 2012; and a public hearing was heldon October 31, 2012 (see Attachment C). 

### As before, public comments were received from EPA; no other written or oral comments were received. EPA's comments, the public hearing transcript, and LDEQ's Comment Summary Response 

### & Concise Statement are included as Attachment D. AQ328ft was promulgated on December 20,2012, and is included as Attachment E.

I 75 FR64864 1 75 FR64898 ' 75 FR64900 Post Oflice Box 4313 • Baton Rouge, Louisiana 70821-4313 • Phone 225-219-3181 • Fax 225-219-3309

,..,.,... r...l.,.

....**lr.n;"~"""'"** ,.......,._,Mr. Thomas H. Diggs Louisiana SIP Update- PM2.5Increments Page2



### Finally, in light of

### Sierra Club v. EPA, 4 

### in which the U.S. Court of Appeals for the District of Colwnbia Circuit granted "the Sierra Club's petition as to the parts ofthe EPA's rule establishing a PMz.s 

### SMC" and vacated them because they "exceed the EPA's statutory authority," LDEQ requests that EPA take no action on the SMC for PM2
.5 

### adopted at LAC 33:III.509.1.5.a. Should you have any questions concerning this matter or require additional documentation, please contact Bryan D. Johnston ofthe Air Permits Division at (225) 219-3450.

PMH:BDJ

4 Sierra Club v. EPA, No. 10-1413 (DC Cir. 2013)

# Attachment A

### PROPOSED RULE/Man:h 

### 20, 2012



### NOTICE OF INTENT Department ofEnvironmental Quality Office ofthe Secretary Legal Division AQ328ft



### PM25 

### Increments, Significant Impact Levels and Significant Monitoring Concentration (LAC 33:111.509) (AQ328ft)
Underthe authorityofthe 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 givesnotice that rulemakingprocedures have been initiated to amend the Air regulations, LAC 33:III.509 (Log #AQ328ft).
This rule is identical to federal regulations found in 75 FR202 pages 64864- 64907, which are applieable in Louisiana. For more information regardingthe federal requirement, contact the Regulation Development Section at (225) 219-3985 or Box 4302, Baton Rouge, LA 70821-4302. No fiscal oreconomic impactwill result from the rule. This rule will be promulgated in accordance with theprocedures in R.S. 49:953(F)(3) and (4).
This action incorporates the provisions ofthe Environmental Protection Agency's final rule entitled "Prevention ofSignificantDeterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers (PM2 5

### )-Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC)" (75 FR 64864, October20, 20I0) into the Louisiana air regulations. The New Source Review (NSR) provisions ofthe Clean AirAct (CAA) are a combination ofair quality planning and air pollution control technology program requirements for new and modified stationary sources ofair pollution. In brief, section 109 ofthe CAA requires EPA to promulgate primaryNational Ambient AirQuality Standards (NAAQS) to protect public health and secondaryNAAQS to protect public welfare. Once EPA has setthese standards, states must develop, adopt, and submittothe agencyfor approval State Implementation Plans (SIPs)that contain emission limitations and other control measures to attain and maintain the NAAQS and to meet the otherrequirements ofsection 

### IIO(a) ofthe CAA.
Part C ofTitle Iofthe CAA containsthe requirements for a component ofthe majorNSR program known as the PSD program. This program sets forth procedures for the preconstruction review and permitting ofnew and modified major stationary sources ofairpollution located in areas meeting the KAAQS ("attainment" areas) and areas for which there is insufficient informationto classify an area as either attainment or nonattainment ("unclassifiable" areas).
Louisianahas a SIP-approved PSD program. In the aforementioned rule, [W]e [EPA] are establishing the final PMz.s increments as minimum program elements for all State PSD programs. Accordingly, states must submit for EPA's approval revised SIPsthat incorporate the final PM25 

### increments or alternative measures that can he demonstrated toEPA's satisfaction to 

### provide an equivalent level ofprotection as the PM25 

### increments. In accordance with section 166(b) of

### PROPOSED

### RULE/March 20, 2012 AQ328ft

the Act, we are requiring statesto submit revised implementation plans to EPA for approval within 21 months ofpromulgation, that is, by July 20,2012. (75 FR 64898)
The basis and rationale for this rule areto incorporate PSD increments, S!Ls, and the SMC for PM2
.5 

### into LAC 33:III.509. 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.
Thisrule has no known impact on family formation, stability, and autonomy as described in R.S. 49:972.
A public hearing will be held on April25, 2012, at 1:30 p.m. in the Galvez Building, Oliver Pollock Conference Room, 602 N. Fifth Street, Baton Rouge, LA 70802. 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 Perry Theriot at the address given below orat (225) 219-3985. Two hours offree parking are allowed in the Galvez Garagewith a validated parking ticket.
All interested persons are invited to submit writtencomments on the proposed regulation. Persons commenting should reference this proposed regulation by AQ328ft. Such comments must be received no later than April25, 2012, at4:30p.m., and should be sentto Perry Theriot, Attorney Supervisor, Office ofthe Secretary, Legal Division, Box4302, Baton Rouge, LA 70821-4302 or to FAX 

### {225) 219-4068 orby e-mail to perry.theriot@la.gov. The comment period for this rule ends on the same date as the public hearing. Copies ofthis proposed regulation can bepurchased by contacting the DEQ Public Records Centerat (225) 219-3168. Check or money order is required in advance for each copyofAQ328ft. This regulation is available onthe Internet at www.deq.louisiana.gov/portal/tabid/1669/default.aspx.
This proposed regulation is available for inspection at the following DEQ office locations from 8 a.m. until4:30 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; 111 New CenterDrive, 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

### PROPOSED RULE/March 20, 

### 2012 AQ328ft



### Title 33 ENVIRONMENTAL QUALITY 

## Part III. Air Chapter 5. Permit Procedures

§509. Prevention ofSignificantDeterioration
A. -A.5

.... 

### B. Definitions. Forthepurpose ofthis Section, the terms below shall have the meaning specified herein as follows. 

# •

# ••
BaselineAreaa. any intrastate area (and every partthereof) designated as attainment or unclassifiable under Section 107(d)(l)(D) or (E) ofthe CleanAirAct in which the major source or major modification establishing the minor source baseline date would construct orwould have an air qualityimpact equal to orgreater than 

### l 

### J:tg;'m' (anRtifii&Yefflge)the following amounts ofthe pollutant for which the minor source baseline date is established: 

### I uglm

### 3{annual average) for 

# so•. NOb 

### or PM 10; 

### or0.3 ug/m3 

### {annual average) for**PM:~ ;**  

### b.- c
.... 

# •

# ••
Baseline Date

### a. Major Source Baseline Date1. 

### inthe case ofparticulate matter (PM 10) 

### and sulfur dioxide, January 6, 1975;-ftftEi 

### ii. in the case ofnitrogen dioxide, February 

### 8, 19887; and
iii. in the case ofPMz s. October 20. 20II.
b. 

### Minor Source Baseline Date- the earliest date afterthetrigger date on which a major stationary source or a majormodification subjectto this Section submits a complete

3

### PROPOSED RULE/March 20,2012 AQ328ft



### application under the relevant regulations. Thetrigger date is:
i. in the case ofparticulate matter (PM10) 

### and sulfur dioxide, August 7, 1977

### ;-611ti
ii. in the case ofnitrogen dioxide, February 8, 198&,.; and
iii. in the case ofPM, 5• 

### October 20. 2011.

c. The baseline date 

### is established for each pollutant for which increments or other equivalent measures have been established if: i. 

### the area in which the proposed source or modification would construct is designated as attainment or unclassifiable under Section 107(d)(+D(D) or (E) 

### ofthe CleanAirAct for the pollutant on the date ofits cDmplete application under 40 CFR 52.21 or under regulations approved in accordance with 40 CFR 51.166; and
c.ii.

- d.

... 

# •••
C. Ambient Air Increments. In 

### areas designated as Class I, II, or III, increases in pollutant concentration overthe baseline concentration shall be limited to the following.
Maximum AUowable PoUutant Increase (Micrograms per 

### CubicMeted Class I 

### Particulate matter:

PM". 5, 

### annual arithmetic mean 

## l PMu, 24-hr maximum**~** 

### PM 10, 

### annual arithmetic mean 4 PM 10, 

### 24-hr maximum 

### g Sulfur dioxide:

Annual arithmetic mean 2 24-hr maximum 5 

### 3-hr maximum 25 Nitrogen dioxide:

Annual arithmetic mean 2.5 Classll 

### Particulate matter:

PMu, annual arithmetic mean 

## ± PM;15, 

### 24-hr maximum 

### 2 PM10, 

### annual arithmetic mean 17 PM10, 

### 24-hr maximum 30

4

### PROPOSED RULE/March 20,2012 AQ328ft



### Ma:rlmum Allowable Pollutant Increase (Micrograms per Cubic 

### Meted Sulfur dioxide:

Annual arithmetic mean 20
' 

### 24-hr maximum 91 3-hr maximum 512 Nitrogen dioxide:

Annual arithmetic mean 25**c~assm** 

### Particulate matter:

PM2.l, 

### annual arithmetic mean 

## ! PMz 5, 

### 24-hr maximum Jj 

### PM10, annual arithmetic mean 34 PM 10, 

### 24-hrmaximum 60 Sulfur dioxide:

Annual arithmetic mean 40 24-hr maximum 182 3-hr maximum 700 Nitrogen dioxide:

Annual arithmetic mean 50 For any period otherthan an annual period, the applicable maximum allowable increase may be exceeded during one such period per year at anyone location.
D.- 1.4

.... 

### 5. The administrative authority may exempt a stationary source or modification from the requirements ofSubsection M ofthis Section, with respect to monitoring for a particular pollutant, if:

a. the emissions increase ofthe pollutant from a new stationary source orthe net emissions increase ofthe pollutant from a modification wouldcause, in any area, air quality impacts lessthan the following amounts:
Carbon monoxide 575 11g/m3 

### 8-hour average Nitrogen dioxide 14 J.lg/m3 

### annual average Particulate matter I0 11g/m, ofPMto 24-hour average 4 U!l/m3 

### ofPMz < 

### 24-houravera>Ze Sulfur dioxide 13 flg/mj 

### 24-hour average No de minimis air quality level is provided Ozone for ozone. However, any net increase ofI00 tons per year ormore ofvolatile organic compounds ornitrogen oxides subject to

5

### PROPOSED RlJLE/March 20, 2012 AQ328ft

PSDwould require the perfonnance ofan ambient impact analysis including the gathering ofambient air qualitv data. Lead 0.1 J,lg/m3 

### 3-month average Fluorides 0.25 J.lg/m3 

### 24-hour average Total reduced sulfur 10 J.lg/m3 

### !-houraverage Hydrogen sulfide 0.2 J.lg/m3 

### !-hour average Reduced sulfur 10 J.lg/m3 

### !-houraverage compounds
l.S.b. J.4

.... 

### K. Source ImpactAnalysis.,
l. The owneroroperator ofthe proposed source or modification shall demonstrate that allowable emission increases from the proposed source or modification, in conjunction with all other applicable emissions increases or reductions, including secondary emissions, would not cause orcontribute to air 

### pollution in violation of: 

## -li!. any national ambient air quality standard in any air quality control region; or 

## ;;J!, any applicahle maximum allowable increase over the baseline concentration in any area. 2. Significant Impact Levels. For purposes ofPM,;.the demonstration required in Paragraph K.l ofthis Section is deemed to have been made ifthe emissions increase from the new stationary source alone orfrom the modification alone would cause, in all areas, air quality impacts lessthan the following amounts:



### Pollutant Micr21rams**~r ~ul!ic**  

### Meter Class I Particulate matter:

PM1,, 

### annual arithmetic mean 0.06 PM,5• 

### 24-hr maximum 0.07 

### Class IT Particulate matter:

PM25• 

### annual arithmetic mean 0.3 PM, ,, 24-hr maximum 1.2 

### Classm Particulate miltter:

PM2'· 

### annual arithmetic mean 0.3 PM, ;, 24-hrmaximum 1.2



### 6

### PROPOSED RULE/March 20, 

### 2012 AQ328ft

L.- P.4

.... 5. Class IVariances. The owner oroperator ofa proposed source or modification may demonstrate to the federal land managerthat the emissions from such source or modification would have no adverse impact onthe air quality-related values ofany such lands, including visibility, notwithstanding that the change 

### in air quality resulting from emissions from such source ormodification would cause orcontribute to concentrations that would exceed the maximum allowable increases for a Class I area. Ifthe federal land manager concurs with such demonstration and he so certifies, the administrative authority, providedthat the applicable requirements ofthis Section are otherwise met, may issue the permit with such emission limitations as may be necessary to ensure that emissions ofsulfurdioxide, particulate matter, and nitrogen oxides wouldnot exceed the following maximum allowable increases over minor source baseline concentration for such pollutants.



### PoUutant Maximum Allowable ln£rease (Mi£rograms per Cubic Meter) Particulate matter:**PM;~~·** 

### annual arithmetic mean 

## !

PM,5, 

### 24-hr maximym 

## 2 PM 10, 

### annual arithmetic mean 17 PM

### to, 24-hr maximum

. 

### 30 Sulfur dioxide:

Annual arithmetic mean 20 24-hr maximum 91 3-hrmaximum 325 Nitrogen dioxide:

Annual arithmetic mean 25
P.6. -AA.I5.b

.... AUTIIORITYNOTE: Promulgated 

### in accordance with R.S. 30:2054. HISTORICAL NOTE: Promulgated bythe Department ofEnvironmental Quality, Office ofAirQuality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:348 (June 1988), 

### LR 16:613 (July 1990), amended by the Office ofAir Quality and Radiation Protection, Air Quality Division, LR 17:478 (May 1991), LR 21:170 (February 1995), 

### LR 22:339 (May 1996), LR 23:1677 (December 1997), LR24:654 (Aprill998), LR 24:1284 (July 1998), repromulgated LR 25:259 (February 1999), amended bythe Office ofEnvironmental Assessment, Environmental Planning Division, LR 26:2447 (November2000), LR27:2234 (December 2001), amended by the Office ofthe Secretary, Legal Affairs Division, LR 31:2437 (October2005), LR 31:3135, 3156 (December 2005), LR 32:1600 (September2006), LR 32:1843 (October 2006), LR 36:2556 (November 2010), LR 37:1148 (April2011), repromulgated LR 37:1389 (May 2011), LR 37:1570 (June 2011), repromulgated LR 37:2146 (July 2011), LR 38:**.



### 7NOTICE OFINTENT Department ofEnvironmental Quality Office ofthe Secretary
PM:z.5 Increments. Significant Impact Levels and Significant Monitoring Concc:ntrarion (LAC 33:IIL509)(AQ328ftl
Under the authoritv of the Environmental Quality Act, R.S. 30:2001 et seq.,

### ~d in accordance wilh the provisions ofthe Administrative Procedure Act, RS. 49:950 et seq., the secretary gives notice that rulemaking procedures have been initiated to amend the Air regulations, LAC 33:llL509 (AQ328ft).

This Rule is identical to federal regulations found in 75 FR 202 pages 64864-64907, which are applicable in Louisiana. For more information regarding the federal requirement, contact the Regulation Development Section at (225) 219-3985 or Box 4302, Baton Rouge, LA 70821-4302. No fiscal or economic impact wiU result from tbe Rule. This Rule will be promulgated in accordance with the procedures in R.S. 49:953(FX3) and (4).

This action Incorporates the prov1s1ons of the Environmental Protection Agency's final rule entitled "Prevention of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers (PM,.sl-- Incrernents, Signilicant Impact Levels (SILs) and Significant Monitoring Concentration (SMC)" (75 FR 64864, October 20, 2010) into the Louisiana air regulations. The New Source Review (NSR) provisions of the Clean Air Act (CAA) are a combination of air quality planning and air pollution control technology program requirements for new and modified stationary sources of air pollution. In brief; section I09 ofthe CAArequires EPA to promulgate primary National Ambient Air Quality Standards (NAAQS) to protect public health and secondary NAAQS to protect public welfare, Once EPA has set these standards, states must develop, adopt, and submit to the agency for approval state implementation plans (SIPs) that contain emission limitations and other control measures to attain and maintain the NAAQS and to meet the other requirements of section l!O(a) ofthe CAA.

Part C ofTitle I ofthe CAA contains the requirements for a component ofthe major NSR program known as the PSD program. This program sets forth procedures for. !he preconstruction review and perm1ttmg ofnew and modtfied major stationary sources of air pollution located in areas meeting the NAAQS ("attairnnent" areas) and areas for which there is insufficient intOrmation to classtfY an area as either attainmenl ornonattainment ("unclassifiable" areas).

Louisiana has a SIP-approved I'SD program. In the aforementioned Rule: [W]e [EPA] are establishing the final PMz.s increments as minimum program elements for aU State PSD programs. Accordingly, states must submit for EPA's approval revised SIPs that incorporate the final I'M,_, increments or alternative measures that can be demonstrated to EPA's satisfaction to provide an equivalent level of protection as the PM:u increments. In accordance with section 166(b) ofthe Act, we are requiring states to submit revised implementation plans to EPA for approval within 21 months of promulgation, that is, by July 20, 2012. 75 FR64898 The basis and rationale for this Rule are to incorpcrate PSD increments, Slls, and the SMC for PM,, into LAC 33:lll,509. This Rule meets an exception listed in R.S. 30:2019(D)(2) and R.S. 49:953(G)(3); theretbre, no report regarding environmental/health benefits and social/economic costs is required. Title 33 ENVIRONMENTAL QL'ALITY PartIlL Air ChapterS. Permit Procedures §509. Prevention ofSignificant Deterioration

A.

-A.S. B. Definitions. For the purpose ofthis Section, the terms below shall have the meaning specified herein as follows. 

# ••• BaselineArea--

a. anv intrastate area (and every part thereat) designated**~** attainment or unclassifiable under Section 107(d)(IXDJ or (E) ofthe Clean AirAct in which the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact equal to or greater than the follo,.ing amounts of!he pollutant for which the minor source baseline date is established: I g/m3 (annual average) for SO,, NO,, or PM 10; or 0.3 glm3 (annual average) for PM,.5; b.- c, 

# ••• BaselineDatea. Major Source Baseline Datei. in the case of particulate matter (PM10) and sulfur dioxide, January 6, 1975; ii. in the case of nitrogen dioxide, February 8, 1988;and iii. in the case ofP!V1 2.5, October 20, 20II. b. lvfinor Source Baseline Date---the earliest date after the trigger date on which a major stationary source or a major modificatlon subject to this Section submits a complete application under the relevant regulations, The trigger date is: i. in the case of particulate matter (PMw) and sulfurdioxide, August 7, 1977; ii. in the case of nitrogen dioxide, February &, 1988;and 111. in the case ofPM2.;, October 20,2011. c. The baseline date is established for each pollutant for which increments or other equlvalent measures have been established if: L the area in which the proposed source or modification would construct is designated as attainment or unclassifiable under Section 107(d)(IXD) or (E) of the Clean Air Act for the pollutant on the date of its complete

857 Louisiana Register VoL 38, No. 03 March 20, 2012application under 40 CFR 52.21 or under regulations approved in accordance "1th 40 CFR51.!66; and c.ii.- d. 

# ••• C. Ambient Air Increments. In areas designated as Class**I~** II. or III, increases in pollutant concentration over the baseline concentration shall be limitedto the follomng.
Maxil.um Allowable Jac'tuse Pollutaat (MkrogramsperCubk Mete;)1 ClaMI Paztieulate matter: f>Mzs, annual arithmetic mean I PM:n, 24·hr maximum 2 PM1(" annual arithmetic mean 4 PM1 0 , 24-hr maximum 8 Sulfurdioxide: Annual arithmetic mean 2 24-hr maximum 5 3-hrmaximum 25 Nitrogen dioxide: Annual arithmetic mean 2.5 

# c""' II Particulate matter:**P~.,,** annual arithmetic mean 4**P~wh.:.** 24-hr maximum 9 PM10, annual arithmetic mean 17 PM1o, 24-hr maximum 30 Sulfurdioxide; Annual arithmetic mean 20 24-hr maximum 91 3-hr maximum 5L2 Nitrogendioxide: Annual arithmetic mean 25 Class ill Particulate matter: PM25, annual arithmetic mean 8 PM2s.**24~br** maximum 18 P:\1 1 ,., annual arithmetic me<1n 34 PMw,**24~hr** maximum 60 Sulfurdio.>:ide: Annual arithmetic mean 40**24~hr** maximum 182 3-htmaximum 700 Nitrogen dioxide: Annual anthmetk mean 50 For any period other than .an annualperiod, the applicable maximum allowable increase may be exceeded during one suchperiod per year at anv one location.

D. -1.4.

5. The administrative authority may exempt a stationary source or modification from the requirements of Subsection M ofthis Section, with respect to monitoring for a particular pollutant, if: a. the emissions increase of the pollutant from a new stationary source or the net emissions increase of the pollutant from a modification would cause, in any area, air quality impacts less than the follomng amounts.

Carbon monoxide 575 ll m 8-hour average Niirogen dioxide l4!lWm annual av-erage Particulate matter 10 J.iglm**ofP~10** 24-houraverage 4**~g/m'** ofPM2.s 24-Muravera2e Sulfurdioxide 13 eglm'**24~hour** average

Louisiana RegiSter Vol. 3$, No. 03 March 20, 2012 858 No de ruinimlsa.ir quality !eve! is provided for ozone. However, any net increase of 100 tons peryear or more of Orone volatile organic comJX)Unds or nitrogen oxides subjectto PSD would require the performance ofan ambient impact anaJygjs including the gathering of ambient air qualttv data. Lead O.lJ.lgim' 3-monthaveroue Fluorides 0,25 _ug/m 24-houraverage**~ccdsulfur** lO m 1 whour average n sulfide 0.2**1.1Wm~** 1-hour avera.u:e sulfur compounds. IQ )Jgtm !-hour average 1.5.b.• }.4

.... K, Source Impact Analysis

J. The ovmer or operator of the proposed source or modification shatJ demonstrate that allowable emission increases from the proposed source or modification, in conjunction with an other applicable emissions increases or reductions, including secondary emissions, would not cause or contribute to air pollution in violation of: a. any national ambient air quality standard in any airquality control region; or b. any applicable maximum allowable increa.'ie over the baseline concentration in any area. 2. Significant Impact Levels. For purposes of PM2.5, the demonstration required in Paragraph K. 1 ofthis Section is deemed to have been made ifthe emissions increase from the new stationary source alone or from the modification alone would cause, in all areas; air quality impacts less than the follomng ammmts.
Pollutut Mkrogra'mtper Cubk:Mtter Class I Parliculatc matter: PM25, anoual arithmetic mean 0.06 PM2•.**24~hr** maximum 0.07 

## c""' II Particulate matter: PM1 s, annual arithmetic mean 0.3 I'M 1
.5, 24-hr maximum 1.2 Classm Particu!ate matter.**PM,~.** anJJual arithmetic mean 0.3 P:\1.1**~.** 24-hr maximum 1.2
L. • P.4.

5, Class I Variances. The o\\lner or operator of a proposed source or modification may demonstrate to the federal land manager that the emissions from such source or modification would have no adverse impact on the air**quality~related** values ofany such lands, including visibility, notwithstanding that the change in air quality resulting fr(!l'll emissions fi·om such source or modification would cause or contribute to concentrations that would exceed the maximum allowable increases for a Class I area. If the tederal land manager conc.w-s with such demonstration and he so certifies, the administrative authority, provided that the applicable requirements of this Section are otherwise**met~** may issue the permit with such emission limitations as may be necessary to ensure that emissions of sulfur dioxide,particulate matter, and nitrogen oxides would not exceed the following maximum allowable increases over minor source baseline concentration for such pollutants.
MuimumAOowable Pollutant Increue**(Mic.rograms~:;'r** Cubic Meter Particulate matter:**PM~~.** annual arithmetic mean 4 P!vb 1. 24-hr maximum 9 PMw, annual arithmetic mean 11 PMw.**2:4~hr** maximum 30 Sulfurdioxide: Annual arithmetic mean 20 24-hr maximum 91 3-hr maximum 325 Nitrogen dioxide; Annual arithmetic mean 25

P.6. -AA.l5.b. AUTHORlTY NOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office ofAJr Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:348 (June 1988), LR 16:613 (July**1990~** amended bythe Office ofAir Quality and Radiation Protection, Air Quality Division. LR 17:478 (May 1991). LR 21:170 (February 1995), LR22:339(May 1996), LR 23:1677 (December 1997), LR 24:654 (Apri11998), LR 24:1284 (July 1998), repromulgated LR 25:259 (February 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2447 (November 2000), LR 27:2234 (December 2001), amended by the Office of the Secretary, Legal Affil.irs Division, LR 31 :2437 (October**2005~** LR 31:3135, 3156 (December 2005), LR 32:1600 (September 2006), LR 32:1843 (October 2006), LR 36:2556 (November 2010), LR 37:1148 (April 2011), repr001ulgated LR 37:1389 (May 2011), amen<!ed LR 37:1570 (June 2011), repromulgated LR 37:2146 (July 2011), amended LR 38: Family Impact Statement This Rule has no known impact oo family formation, stability, and autonomy as described in R.S. 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 AQ328ft. Such comments must be received no later than AprH 25, 2012, at 4:30 p.m., and should be sent to Perry Theriot, Attorney Supervisor, Office of the Secretary, Legal Division, Box 4302, Baton Rouge, LA 70821-4302 or to fax (225) 219- 4068 or by e-mail to perry.theriot@la.gov. The comment period for this Rule ends on the same date as the public hearing. Copies ofthis proposed regulation can be purchased by contacting the DEQ Public Reeords Center at (225) 219- 3168. Cheek or money order is required in advance for each copy ofAQ328ft. This regulation is available on the Internet at v.ww.deq.louisiana.govlportal/tabid/1669/default.aspx.

This proposed regulation is available for inspection at the following DEQ office locations from 8 a.m. until 4:30p.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; Ill New Center Drive, Lafayette, LA 70508; 110 Barataria Street, Lockport, LA 70374; 201 Evans Road, Bldg. 4, Suite 420, New Orleans, LA 70123. 859 Public Hearing A public hearing will be held on April 25, 2012 at 1:30 p.m. in the Galvez Building, Oliver Pollock Conference Room, 602 N. Fifth Street, Baton Rouge, LA 7()802. 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, contactPerry Theriot, at the address given above or at (225) 219-3985. Two hours offree parking are allowed in the Galvez garage v.ith a validated parkingticket.

1203#009 Herman Robinson, CPM Executive Counsel

NOTICE OF INTENT Office ofthe Governor Division ofAdministration Office ofState Purchasing

dance with provisions of the Ad inistrative

ct, R.S. 49:950 el seq., the 0 ce of the Governor, ivislon of Administration, 0 ce of State Purchasing, p oses to adopt Chapter 6, Re erse Auctions, to allow for a competitive online el tronic bidding adv!llltageous and to re late the overall process. GOVERNMEN

g using the reverse auction
r on behalf of other stale

ing agency utilize the reverse auction process on behal of a single stale agen ·, the head of the state agencyre esting a reverse auction s Hprovide: 1. reaso that the best interest of th state would be served and !hat electronic online bid ·ng is more advantageo than other procurement methods, 2. sp cifications and terms and conditio for the pr urernent.

B. \\ en the using agency uses the rever process on its own behalf or on behalf of mult le stale agenc· •the director ofstate purchasing shall be co idered partmenl head ofthe using agency. Vendors shall register before the opening dat and ti e, and as part ofthe registration, shall agree to any I

d conditions and other requirements ofthe solicitation.

Louis/8118 Register Vol. 38, No. 03 Mareh 20, 2012

# Attachment BUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REG!ONG**14-~5** ROSS AVENUE. SUI iL 1200 DALLAS T X 75202-2733



### Mr. Perry Theriot, Attorney Supervisor Legal Division 

# APR 2 52012

Louisiana Department ofEnvirorunental Quality P.O. Box 4302 Baton Rouge, LA 70821-4302
RE: EPA Comments on Proposed AQ328ft- Proposed Revisions 

### to the Louisiana Prevention ofSignificant Deterioration Program for PM25 

### Increments, Significant Impact Levels and SignificantMonitoring Concentration (LAC 33:111.509)

Dear Mr. Theriot:

Thank

### you for the opportunity to review and provide comments on the proposed revisions to the Louisiana Air Code (LAC), Title 33, Part III, Chapter 5, Section 509 containedin AQ328ft. The proposed rulemaking revises the Louisiana Prevention ofSignificant Deterioration {PSD) program at LAC 33:Ill.509to adopt and implementtile PSD requirements promulgated in the EPA's final rule "Prevention ofSignificant Deterioration (PSD) for Particulate Matter Less than 2.5 Micrometers (PM2s)- Increments, Significant Impact Levels (S!Ls), and Significant Monitoring Concentration (SMC)"published on October20, 20!0 (see 75 FR 64864).
We are generally supportive ofthe proposed rule revisions and encourage you to continue with 

### the rulemaking process to adopt and submit

### the proposed revisions. However, our enclosed comments identify additional items thatmust be addressed to fully implement the PM25 increments as intended by EPA. Ourcomments also address the impactofthe ongoing litigation challenging the EPA's authority to implementthe PM2 .s SILs and SMC for PSD purposes, in relation to your proposed adoption.
We look forward to working withyou in the upcoming yearas you promulgate and implement these PSD revisions for PM2.S· Please note that our commentstoday do not constitute final determinations concerning approvability ofthe revisions to the Louisiana State Implementation Plan.

•**q~-** .:**1-~** •.. .-._; -1·

...-,j.-'· • ''

-- ' :;,_ •**--1~** .••**·~** .,2



### We appreciate the timely etTorts by the LDEQ to update the PSD program and your willingness to consull EPA Region 6 throughout this process. Ifyou have any questions about the implementation ofthe PM25 

### Increments/SILs/SMC, or about EPA'sreview ofyour proposed rulemaking, please feel free to contact me at 214-665-6435 orcontact Ms. Adina Wiley ofmy staffat 214-665-2115.

Enclosure

cc: Mr. Bryan Johnston Louisiana Department ofEnvironmental Quality JeffRobinson Chief Air Permits Sectionl



### Enclosure
I. The proposed revisions to the detinition of

### Baseline area at LAC 3J:lll.509(B) neglect to make the change to 

### Baseline area (b) 

### that would be consistent with the change made at 40 CFR 5l.l66(b)(l5)(ii) to correctthe citations to the CAA (see 75 FR 64902).
LAC 33:111.509(B) 

### Baseline area should be revised as follows: b. Area redesignations under Seetiefl I07(EI)(l)(D) er (E) 

### efllle Cleaa Air Aet section I07(d)(J)(A)(ii) or (iii) ofthe Act cannotintersect orbe smallerthan the area ofimpact ofany major stationary source or major modification which: 2. The LDEQ must make revisions 

### to LAC 33:111.509(!)(8) and (1)(9) to correctly crossreference the new proposed revisions to "Source Impact Analysis"at LAC 33:lii.509(K). Please see the revisions that EPA finalized at 40 CFR 51.166(i)(8) and (i)(9) as a guide (see 75 FR 64902).
The LDEQ should replace the references to "Paragraph K.2" in LAC 33:III.509(!)(8) and (!)(9) with "Paragraph K.l.b" so that the cross-references continue to 

### link towards the demonstration that the source ormodification will not cause orcontribute to a violation ofthe increment.
3. The proposed rules neglect to make the change to the last sentence ofthe paragraph at LAC 33:111.509(P)(5) "Class IVariances" that would be consistent with thechange made at 40 CFR 51.166(p)(4). See 75 FR 64902.
The paragraph at LAC 33:1ll.509(P)(5) should be revised by removing the words "particulatematter" inthe last sentence oftheparagraph (p)(5) introductory text and adding in their place "PM2.s. PMw".
4. We note that the EPA's authority to implement the PM2.s S!Ls and SMC for PSD purposes aspromulgated byon October 20, 20!0is currently subject to litigation, Sierra Club v. EPA, Case No. 10-1413 (D.C. Cir.). The outcome ofthis litigationcould impact EPA's ability to approve these provisions into the LA PSD SIP in the future.
Witl1 respectto the SILs, the EPA has cometo recognize that the regulatory text it adopted in 40CFR 51.166(kX2) and 52.21(k)(2) does not accurately reflect EPA's intent, because that text does not afford permitting authorities sufficient discretion to deny sources use ofthe S!Ls where their use would lead to a newviolation ofthe NAAQS or increment Accordingly, we recently requested, in ourApril6. 2012 Respondent's Brief to the Court (Brief), that the Court remand and vacate the provisions at 40 CFR 51.166(k)(2) and 52.21(k)(2) so that we may initiate a rulemaking to make revisions to the regulatory text. In light ofthe pending remand and vacatur ofparagraph (k)(2) under 40 CFR 51.166 and 52.21, we believe it would be in LDEQ's best interest to remove the corresponding provisions from your current proposal.2



### We recognize that the LA PSD program already relies on EPA's SILs tor other criteria pollutants through your air permitting and modeling guidance. As noted above and in our Briel; we reaffirmed our authority to promulgate and implement the 

### PM2.5 

### SILs and will continue to rely on those promulgated at 40 CFR 5Ll65(b). We encourage the LDEQ to consider adopting these provisions into your PSD program. Additionally, the EPA plans to issue guidance in the near future on how the 

### PM2.5 

### SIL values that remain in40 CFR 51.165{b) may be properly applied as part ofa PSD compliance demonstration to show that a source's impact will not cause or contribute to a violation ofthe PM2.5 

### NAAQS or increments. This guidance would apply until revised regulations canbe finalized. With respect to the PM2
.5 

### SMC, the EPA reaftirmed in our Apri16, 2012, Briefthat we have the authority to promulgate and implement the SMC for the purposes ofPM2

### .s. We recommend you continue with your rulemaking, but note that future Court action may necessitate subsequent rule revisions and SIP submittals on your part.LDEQ-EDHS Document 8438214, Page 3 of 23

IN RE: I'M2.5 INCREMENTS, SIGNIFICANT IMPACT LF:VELS AND SIGNIFICANT MONITORING CONCENTRATION PliiiLIC HEARING April 25, 2012

1 2 3 ::i'l'A'l'£ 01" LOi.JiSlAMA 4 DEPARTMENT OF EWIRONHENTAL QUALITY 5 6 7 8 IN RE: PM2.5 INCREMENTS, SIGNIFICANT IMPACT LEVELS AND SIGNIFICANT MONITORING CONCENTRATION 9 LOG I: AQ32Bft 10 11 12 13 14 15 16 17 18 PUBLIC HEARING

The**Publ~c Haar~ng**  held by**the_Depar~ent** of**Env~ronmental Qual~ty,** **Regulat~on** Development Sact1on, at the Galvez Build1ng, Pen3acola Room, 502 N. Fifth Street, Baton Rouge, Louisiana, beg1nning at 1:30 p.m., on Apnl 25, 2012.

19 BEFORE: Lori B. Overland 20 Cert1E1ed Court Reporter In and For the State of 21 LOU1S1&na 22 23 24 25

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**~** P P E A R A N C E S
FOR THE LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY:

Su3an Rl.ce Hearing Off1cer Department of Envi(onmental Quality Leqal AEfa1rs D1v131on, 6th Floor**:~~~~t~~~~9~~!~~ant** Baton Rouge, Lou131ana 70802 Page 1

Page 2 1 2 3 4 5 6 7 8 9 10 11 12 :13 i14 !1s

I 16 '17 ;18 ;19 20 21 ·22 23 24 25

1 2 3 4 5 6 7 8 9 :10 '11 I N D E X

UAKiliATION None

EXHIBITS: None

UPORT!"R.'S**·~** R.!POR'rrR'S cvn:trrCAn



### ••••• MS. RICE (inod alh.'moon. My name i:-. S\l';an**Rin~.** and I'm employed by the**L~'uisiana** Department ofEnvironmental ()ualit: I'll be**~Cr\-'ing** as hearing utliccr this afternoon to receive cnmments rq;ardin)! propo:-.ed amendments to the air regulations. The comment period for these amendments. began on March 20.**~0** 12. '12 when the notice ofintent was published 13 in the Louisiana Register. The cornmcnt 14 period \viii close at 4:30 p.m
.. today. 15 April25. 2012. It \VOldd be hclrful to 16 us ifall oral comments received**toda~** 17 \\'CrC followed up in writing.

I 18 This public hearing rrovidc:-. a fnrum

1 19 for all interested parties to**pre~ent** 20 comments on the proposed changL:" Thi:-. '21 hearing is not being conducted in a 22 question and answl':r format.**Plc~l.'>l'** 2 3 remember that the rurpose ofthis ruhlit: 24 hearing is to allow ynu. the publit:. an 25 orportunity to**cxprcs~** your thoughh Page 3

PA.G&(S)

Page 4

Associated Reporters Inc. (22S) 216-2036 (I) Pagl' I

- Page -1LDEQ-EDMS Document 8438214, Page 4 of 23

PUBLIC HEARING April 25,lOll

1 concerning mday's proposed amendments. 2 

## rn ask !hat each person commenting 3 comeup and sit at the front tableend 

# • beginby stating his orhername end 5 affiliation for the reeord. 6 The Airamendment is designated by 7 the LogNumberAQ328ft. 

### e This action incorporates the i provisions ofthe Environmental 10 Protection Agency's final rule into the 11 Louisiana airquality regula1ions. Itis 12 enlitled "PreventionofSignifltBilt 13 Deterioration for Paniculate maner less 14 Than

### 2.S Mkrometers (PM2.5}-Increments, 15**Signif~ta~~t** lmpatt Levels end Significant 16 MonitoringConcentration" (7S FR 64864, IN RE: PMl.S INCREMENTS, SICNIFICANT IMPACT LEVELS ANDSI(;NIFICANT MONITORING CONCENTRATION



# -- Page5 Page7 1 

### areas. 2 Louisiana has aS!P·approved PSD 3 program. In the aforementionedrule. 4 We 

### an: establishingthe final 5 PM2.5 incn:rncnts as mmimum program 6 elements for all Swe PSD prO!lflllll$. 7 Accordingly, sl81es must submitfor EPA's 

### e approval revised SIPs that incorporate 9 tbe fmal PM2.5 increments or alternative 10 measures thatcan be demonstrated to 11 EPA's satisfactionto provide an 12 equivalC!ll level ofprotection as the 13 PM2.5 increments. In aec:ordance with 14 Section 166(b) ofthe Act, we are 15 requiring states to submitrevised 16 implementation plans to EPA for approval 17 Oc:wher20, 20 10). The New Soun:e Review 17 within 21 month ofpromulgation, !hat is. 18 (NSR) provisions ofthe Clean AirAct are li acombillalion ofairquality planning and 20 airpollutioncontrol technclogy program 21 requirements for new and modified 22 statiOtlaiY sources ofairpollution. In 23 brief; Section l09 ofthe Clean Air Act 24 requires EPA to promulgate primary 25 National AmbientAir Quality Standards

1 (NAAQS) to protectpublic health and 2 secondary NAAQS toprotectpublic 3 welfare. Once EPA has setthese I standards, states mustdevelop, adopt. 5 and submitto !heagency for approval 6 StateImplementation PIIII!S (SIPs) that 1 contain emission limitation end other 8 control measures to attain and mainlain 9 the NAAQS end U! meetthe other 10 requirements ofSection llO(a)ofthe 11 Clean Air Act. 12 PanCofTitle Jof!heClean Air 13 Acteontains the requirements for a 14 component ofthe major NewSource Review 15 program known as the Prevenlion of l6 SignificantDeterioration (PSO} program. 17 This program sets fottlt procedures for 18 the precoii51JUCtionreview end permitting u ofnewand modified major stationary 20**~urces** ofaitpollution located inareas 21 meeting !heNAAQS ("anaillment" 22 areas) end areas for which there is 23 insufficient information toclassify an 

# •• area aseitherJUtainment or 25 nonllllainmentknownas "uru:lassiliable"
Pa&e5(1) 18 byJuly 21), 2012. 19 75 FR 64898 20 Does anyone careto commenton lhis 21 regulation1 22 Ifnot. the bearing on AQJ281! is 23 close. 24 Tlta.nkyou foryour allenlion and 25 panicipation.
PageS**E~A** This bearingis closed. 2 TiiEHEARING CONCLUDED AT 1:35 P.M. 3 

## ••••• 

# • 5 fi 1 8 9 10 11 12 ll 14 15 16 17 18 19 20 21 22 23 24 25



# - Aasodated Ropor1erslne. (215) 116-ltllOLDEQ-EDMS Document 8438214, Page 5 of 23

IN Rf: PM2.51NCRfMENTS,**SIGNIFIC~NT** IMPACT LEVELS AND SIGNIFICANT MONITORING CONCENTRATION

1 RFPORrFR'S i'AGF 2 I. Lori U_ Overland Certified C\1urt 3 Reporter. in and for the State ofLoui,.iana. 4 the otlict.:r. <IS ddincd in Ruk 28 ofthe
s Feckral Rules ofCi\·il Procedure andior 6 i\rtick 143-l(b) ofthe Louisiana code of 7 Ci\'il Procedure. before whom this SWl)rJl
a testimony was wh.en. do hereby "tate tlll the 9 Record 10 Tha! dw: to fht' inh.TJclion in lht' 11 sr{11ltancous di"coursl.! ofthis**proce~.?din;.**

,12 dashes (--) haH' hccn u.-:.ed to indicate '13 raust'S. changes in thought. and.· or**t<~lh.** 14**m·er~:** that same i" the proper method**tOr:..~** 15 Court Reporters's transcription of 16 pmcecding. and that the dashes(--) du not 11 indicated that words or rhrases have been 18 ldl out ofthis transcript; 19 That any \\.:ord-.; andior names which could 20 not be verilied through reference material 21 ha\'c het:n denoted with the phrase 22 "(inaudihlc)." 23 24 25 Lori Overland C.CR. "9708)

1 CERTIFICATION 2 I, the undersigned reporter, do hereby 3 cert1fy that the above and foregOlng 15 a 4 true and correct transcr1pt'-on of the 5 stenomask tape of the proceed1ngs had 6 hara1n, taken down by me and transcr1bed 7 under my**sup~rvlslon.** to the best of my 8 ab1l1ty and understand1ng, at the time and 9 place here1nbefore noted, 1n the above 10 ent1tled cause. 11 12 13 14 15 

## ' further cert>-fy that the w1.tne"s duly sworn by 

### •• >O my capacity 

### •• • Cert.if1ed Court Reporter pur!luant to provl.!ll.Ons of R_S. :n: 2551 et seq. >o for tha state of Lou1siana; that 

## '

# - ...

the
•oct
oat of :16 coun!lel nor related to iiii'IY of the coun!lel of 17 any of the part1es, nor 1n the employ of any 18 of the pllrtl.&S, and that I have no l.ntereat 19 1.n the outcome of th1s act1on. 20 I further cert1fy that**~y** llcens& lS ln 21 good**standln~** as a court reporter ln and for 22 the state of LoUlSlllna. '23 24 25 Lorl Ovarland C C.R.

• 97083 Page 9

Page 10

Associ::lted Reportl·rs Inc. (225) 216-2036 I'IIHI.IC HEARING April**2~.** 2012

(3)**PH~c** Q- Page 10

### Comment Summary Response 

### & Concise Statement

- Page 1 of4 AQ328ft*



### PM2.s Increments, Significant Impact Levels and Significant Monitoring Concentration LAC 33:111.509

COMMENT

RESPONSE

COMMENT

RESPONSE Log NumberAQ328ft

1: The proposed revisions to the definition of Baseline area 

### at LAC 33:111.509(6) neglect to make the change to Baseline area (b) 

### that would be consistent with the change made at 40 CFR 51.166(b)( 15)(ii) to correct the citations to the CAA (see 75 FR 64902). LAC 33:111.509(6) Baseline area 

### should be revised as follows:
b. Area redesignations under Seotion 

### 107(8)(1)(0) or (E) oftt:te Clean Air 

### Mtsection 107(d)(1)(A)(ii) or (iii) ofthe Act cannot intersect or be smaller than the area of impact ofany major stationary source or major modification which:
The department agrees with the comment; no arguments are necessary. 1: The definition of "baseline area" in LAC 33:111.509.6 will be revised as suggested by the commenter. The definition of "baseline date" will also be revised in the same fashion.
2: The LDEQ must make revisions to LAC 33:111.509(1)(8) and (1)(9) to correctly cross-reference the new proposed revisions to "Source ImpactAnalysis" at LAC 33:111.509(K}. Please see the revisions that EPAfinalized at 40 CFR 51.166(i}(8) and (i)(9) as a guide (see 75 FR 64902}.
The LDEQ should replace the references to "Paragraph K.2" in LAC 33:111.509(1)(8) and (1)(9) with "Paragraph K.1.b" so that the cross-references continue to link towards the demonstration that the source or modification will not cause or contribute to a violation ofthe increment. The department agrees with the comment; no arguments are necessary. 2: LAC 33:111.509.1.8 and 9 will be revised as suggested by the

• indicates a fast-track regulation

### COMMENT

RESPONSE

COMMENT commenter. Page 2 of4 AQ328ft*



### 3: The proposed rules neglect to make the change to the last sentence ofthe paragraph at LAC 33:111.509(P)(5) "Class I Variances" that would be consistent with the change made at40 CFR 51.166(p)(4). See 75 FR 64902. The paragraph at LAC 33:111.509(P)(5) should be revised by removing the words "particulate matter" in the last sentence ofthe paragraph (p)(5) introductory text and adding in their place "PM2 5, 

### PMto". 

### The department agrees with the comment; no arguments are necessary. 3: LAC 33:111.509.P.5 will be revised as suggested by the commenter.
4: We note that the EPA's authority to implement the PM2.s SILs and SMC for PSD purposes as promulgated by on October 20, 2010 is currently subject to litigation, Sierra Club v. EPA, Case No. 10· 1413 (D.C. Cir.). The outcome ofthis litigation could impact EPA's ability to approve these provisions into the LA PSD SIP in the future. With respect to the SILs, the EPA has come to recognize that the regulatory text it adopted in 40 CFR 51.166(k)(2) and 52.21(k)(2) does not accurately reflect EPA's intent. because that text does not afford permitting authorities sufficient discretion to deny sources use ofthe SILs where their use would lead to a new violation ofthe NAAQS or increment. Accordingly, we recently requested, in our April 6, 2012 Respondent's Briefto the Court (Brief), that the Court remand and vacate the provisions at 40 CFR 51.166(k)(2) and 52.21 (k)(2) so that we may initiate a rulemaking to make revisions to the regulatory text. In light of the pending remand and vacatur of paragraph (k)(2) under 40 CFR 51.166 and 52.21, we believe it would be in LDEQ's best interest to remove the corresponding provisions from your current proposal. We recognize that the LA PSD program already relies on EPA's SILs for other criteria pollutants through your air permitting and modeling guidance. As noted above and in our Brief, we

• indicates a fast·track regulation

### RESPONSE Page 3 of 4 AQ328W 

### reaffirmed our authority to promulgate and implement the PM25 

### Slls and will continue to rely on those promulgated at 40 CFR 51.165(b). We encourage the LDEQ to consider adopting these provisions into your PSD program. Additionally, the EPA plans to issue guidance in the near future on how the PM2.5 

### SIL values that remain in 40 CFR 51.165(b) may be properly applied as part of a PSD compliance demonstration to show that a source's impact will not cause or contribute to a violation of the PM2
.5 

### NAAQS or increments. This guidance would apply until revised regulations can be finalized.
With respect to the PM2.5 

### SMC, the EPA reaffirmed in our April 6, 2012, Briefthat we have the authority to promulgate and implement the SMC for the purposes of PM2.5
. 

### We recommend you continue with your rulemaking, but note that future Court action may necessitate subsequent rule revisions and SIP submittals on your part. The department agrees with the comment; no arguments are necessary. 4: In light of EPA's recognition that 40 CFR 51.166(k)(2) "does not accurately reflect EPA's intent, because it does not afford permitting authorities sufficient discretion to deny sources use of the Slls where their use would lead to a new violation ofthe NAAQS or increment" 1 

### and request that the "Court vacate and remand these provisions to EPA, so that EPA**rna~** 

### initiate a rulemaking to revise them to reflect EPA's intent," LDEQ will not adopt LAC 33:111.509.K.2 as proposed.

1 Brief of Respondent dated April6, 2012, Sierra Club v. U.S. EPA, No. 10-1413 (D.C. Cir.), p. 24. 2 /d.

• indicates a fast-track regulationPage4 of4 AQ328ft" 

### Comment Summary Response & Concise Statement

- PM2.s Increments, Significant Impact Levels and Significant Monitoring Concentration LAC 

### 33:111.509

COMMENT#


### 1 - 4 Log Number 

### AQ328ft

SUGGESTED BY Jeff Robinson -Chief, Air Permits Section, United States Environmental Protection Agency, Region 6 Comments reflected in this document are taken verbatim from the written submittal.

Total Commenters: 1 Total Comments: 4

• indicates a fast-track regulation

# Attachment C

### FINAL RULE with Substantive Changes

POTPOURRI Department ofEnvironmental Quality Office ofthe Secretary Legal Division
:slotice ofPublic Hearing Substantive Changes to Proposed RuleAQ328ft AQ328ft



### PM2s Increments, Significant Impact Levels and Significant MonitoringConcentration (LAC 33:III.509) (Log #AQ328ftS) (1209Potl)
Underthe authority oftheEnvironmental 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 noticethatthe department is seekingto incorporate substantive changes tothe proposes amendments to various regulations, LAC 33:lii.509 (Log#AQ328ftS), which were originallynotice as AQ328ft in the March 20, 2012 issue ofthe 

### Louisiana Register.
Thedepartment has made substantive changes to address comments received during the public commentperiod ofproposed rule AQ328ft. This substantive change revises language dealing with significant impact levels (SILS) for PM25 

### which was proposed as LAC33:III.509.K.2. EPA's authorityto implement the PM2.s SILS is presently the subject oflitigation. In light ofthis litigation, LDEQ will not adopt LAC 33:II1.509.K.2 as proposed. This language will be stricken from the proposed rule. Because ofthe removal ofParagraph K.2, all references will also be revised. In addition, the department seeks to change the defmitions of"BaselineArea" and "Baseline Date" to reflect the changes made by EPA aspublished at 75 FR 64903.
A strikeout/underline/shaded version ofthe proposed rulethat distinguishes original proposed language from substantivelychanged language is available on the Internet at Vlww.deq.louisiana.gov under Rules and Regulations.
A public hearing onthe substantive changes will be held on October 31, 2012, at I:30 p.m. in the Galvez Building, Oliver PollockConference Room, 602 N. Fifth Street, Baton Rouge, LA 70802. Interested persons are invited to attend and submit oral comments onthe proposed amendments. Should individuals with a disabilityneed an accommodation in orderto participate, contact Deidra Johnson at the address given below or at (225) 219-3985. Two hours offree parking are allowed in the Galvez Garage with a validated parkingticket.
All interested persons are invited to submit written comments on the substantive changes. Persons commenting should reference this proposed regulation by OS083S. Such comments must be received no laterthan October 31, 2012, at 4:30p.m., and should be sent to Deidra Johnson, Attorney Supervisor, Office ofthe Secretary, Legal Division, Box 4302, Baton Rouge, LA 70821- 4302 or to FAX 

### (225) 219-4068 or bye-mail to deidra.johnson@la.gov. The comment period for the substantive changes ends onthe same date asthe public hearing. Copies ofthese substantive changes can be purchased by contactingthe DEQ Public Records Center at (225) 219-3168. Check ormoney order is required in advance for each copyofAQ328ftS. These proposed regulations are available on the Internet at www.deg.louisiana.gov/oortal/tabid/1669/default.aspx.

### FINALRULE with Substantive Changes AQ328ft

These substantive changes are available for inspection at the following DEQ office locations from 8 a.m. until4:30 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; Ill 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

2

## List ofTechnical Amendments AQ328ft PM2.5 

## Increments, Significant Impact Levels and Significant Monitoring Concentration (LAC 33:111.509)

Citation Amendment 

### 1. §509.B.Baseline Area.a changed text
2. 

### §509.B.Baseline Area.b changed text 

### 3. §509.B.Baseline Date.c changed text 

## 4. §509.1.8 

### changed text
5. §509.1.9 

### changed text


### 6. §509.1.9.b 

### changed text


### 7. §509.K.2 

### deleted and added text
8. §509.P.5 

### changed text

### FINALRULE with Substantive Changes AQ328ft



## Title 33 ENVIRONMENTAL QUALITY 

## PartIII. Air Chapter5. PermitProcedures

§509. Prevention ofSignificantDeterioration
A.-A.5

.... B. Definitions. Forthe purpose ofthis Section, the tennsbelow shall have the meaning specified herein as follows. 

# •

# ••
BaselineArecr--

a. any intrastate area (and everypartthereof) designated as attainment or unclassifiable under Section**107(d)(l)(I>~** 

### er**(E~(A)(ii)** 

### or (iii) ofthe Clean AirAct in which the major source ormajor modification establishing the minor source baseline date would construct or would have an air quality impact equal to or greater than 

### I 

### jjog/FR• \aBIUI&i**ft'lel'ftge~the** 

### following amounts ofthe pollutant for which the minor source baseline date is established: 

### I ug!m3 

### (annual average) for S02, 

### NO,, or PMlQ; or 0.3 ug/m3 

### (annual average) for PM15 ; 

### b. area redesignations under Section**107(d)(l)\D~** 

### er**(E~(A)(ii)** 

### or (iii) ofthe Clean Air Act cannot intersect or be smaller than the area ofimpact ofany major stationary source or major modification that:
b.i. 

### -c. 

# •••
Baseline Datea. 

### Major Source Baseline Datei. in the case ofparticulate matter (PM 10) 

### and sulfur dioxide, January 6, !975;-MEI

11. 

### in the case ofnitrogen dioxide, February 8,**1988~;** 

### and

111. 

### in the case ofPM, 5, 

### October 20.2011.

3

### FINALRULE with Substantive Changes AQ328ft

b. Minor Source Baseline Date- 

### the earliest date afterthetrigger date on which a major stationary source or a major modification subject to this Section submits a complete application under the relevant regulations. Thetrigger date is: i. in the case ofparticulate matter (PM10) 

### and sulfurdioxide, August7, 1977;-eOO ii. in 

### the case ofnitrogen dioxide, February 8, 

### 198&,; and iii. in the case ofPMa.io October 20, 20II.

c. The baseline date 

### is established for each pollutant for which increments or other equivalentmeasures have been established if:
i. 

### the area in which the proposed source or modification would construct is designated as attainment or unclassifiable under Section 107(d)(iD(Dj er (B)(A)(ii) 

### or (iii) 

### ofthe Clean AirAct for the pollutanton the date ofits complete application under 40 CFR 52.21 or under regulations approved in accordance with 40 CFR 51.166; and c.ii. ·d

.... 

## • * *
C. Ambient Air Increments. In areas designated as Class I, II, or Ill, increases in pollutant concentration over the baseline concentration shall be limited to the following.
Maximum AUowable Pollutant Increase (Micrograms per Cubic Meted Class I Particulate matter:

PM,.2 , 

### annual arithmetic mean 

## 1 PMu, 24-hr maximum 

## 1 PM10, 

### annual arithmetic mean 4 

### PM 10, 

### 24-hr maximum 8 

### Sulfur dioxide:

Annual arithmetic mean 2 24-hr maximum 5 

### 3-hr maximum 25 

### Nitrogen dioxide:

Annual arithmetic mean 2.5 Class II

4

### FINAL RULE with Substantive Changes AQ328ft



### Maximum Allowable Pollutant Increase (Micrograms per Cubic Meter) 1 

### Particulate matter:

PM;:.5, 

### annual arithmetic mean 

## 1 PM;u, 24-hr maximum 

## 2 PM 10, 

### annual arithmetic mean 17 PM 10, 

### 24-hr maximum 30 Sulfur dioxide:

Annual arithmetic mean 20 24-hr maximum 91 3-hrmaximum 512 Nitrogen dioxide:

Annual arithmetic mean 25 

### Class ill Particulate matter:

PMll• annual arithmetic mean**~** 

### PM2l· 24-hrmaximum 

## il PM10, 

### annual arithmetic mean 34 PMto, 

### 24-hrmaximum 60 Sulfur dioxide:

Annual arithmetic mean 40 24-hr maximum 182 3-hr maximum 700 Nitrogen dioxide:

Annual arithmetic mean 50 For any period otherthan an annual period, the applicable maximum allowable increase may 

### be exceeded during one such period per year at any one location.


### D.- I.4

.... 5. The administrative authority may exempt a stationary source or modification from the requirements ofSubsection M of

### this Section, with respect to monitoring for a particular pollutant, if:

a. the emissions increase ofthe pollutant from a new stationary source orthe net emissions increase ofthe pollutant from a modification would cause, in any area, air quality impacts less than the following amounts:
Carbon monoxide 575 Jlg/m3 

### 8-hour average Nitrogen dioxide 14 j.tg/m3 

### annual average Particulate matter 10 11g/n,t" ofPMw 24-houraverage 4 

### ug/mo ofPM,.s 24-houraverage

5

### FINALRULE with Substantive Changes AQ328ft

Sulfur dioxide

### ~m**3** 

### 24-hour average No 

### de minimis airquality level is provided for ozone. However, any net increase ofI00 tons peryearor more ofvolatile organic Ozone compounds ornitrogen oxides subjectto PSDwould require the performance of

### an ambient impact analysis including the gathering ofambient air qualitv data. Lead 0.1**~g/m~** 

### 3-month average Fluorides 0.25 1-!glm' 

### 24-hour average Total reduced sulfur 10 )lg/m' !-houraverage Hydrogen sulfide 0.2 )lg/m3 

### !-houraverage Reduced sulfur 10 !-!g/m 3 

### !-hour average compounds
1.5.b.• 1.7

.... 8. Thepermitting requirements of

### P!IF!lg£11f!R K.<lSubparagraph K.I.b of this Section shall not applyto a stationary source or modification with respectto any maximum allowable increase for nitrogen oxides ifthe owner or operator ofthe source ormodification submitted an application for a permit underthis Section before the provisions embodyingthe maximum allowable increasetook effect as 

### part ofthe applicable State Implementation Plan and the permitting authority subsequently determined thatthe application as submitted beforethat date was complete.
9. Thepermittingrequirements ofPamgmpll K.<lSubparagraph K.l.b of this Section shall not applyto a stationary source or modification with respectto any maximum allowable increase for PM 10 

### if:

a. b. the permitting authority subsequently determined thatthe application as submitted before that date was complete. Instead, the applicable requirements equivalent**toP~** 

### K.<lSubparagraph K.l.b ofthis Section shall apply with respect to the maximum allowable increases for TSP as in effect on the date the application was submitted. 

### J.- 1.4

. ... K. Source ImpactAnalysis,
l. Theowner oroperator ofthe proposed source or modification shall demonstrate thatallowable emission increases from the proposed source or modification, in conjunction with all other applicable emissions increases orreductions, including secondary emissions, would not cause or contribute 

### to air pollution inviolation of:



### 6

### FINALRULE with Substantive Changes AQ328ft

region; or any national ambient air quality standard in any air quality control**~Q.** 

### any applicable maximum allowable increase over the baseline concentration in any area.


### 2. 

### SigaiHeant Imeaet**I:.e~/els.** 

### Per eaFBeses**efP~L.** 

### the Elemeastfatiea**feauife~** 

### iB 

### PMagtaeft K.l efthis Seetiea is 8eeme8 te Rave 9eea maele ifthe emissieas iaerease fi:em the R8'N statieRaPt settFee aleae er fi:em the meEiifieatieR alene VlealEi**eat:~se.** 

### iR all &Fees_ aiF 

### aaaiW,· imeaets less thm the felle,xiae amel:HHs:Reserved.

PeiiHatat**~iieFegF&ms** 

### BeF Cuhie MeteF Class I Pftftietdate matter:**~** aRRYal 

### ar-i-thm.etie meaB Q,Ge

DU. "lA I. G,G+ 

### Class II 

### Par-tiealate matter:**~-** 

### atHH:lal 

### afithmetie meaH**~**

DU. "lA I.**~** 

### (;lass Ill 

### Partiealate matter:**~-** anRYal aritt&Rtetie me&B**~**

### ~**~** 

### L.-P.4

.... 5. Class I Variances. The owner or operator ofa proposed source or modification may demonstrate to the federal land managerthat the emissions from such source or modification would have no adverse impact on the air quality-related values ofany such lands, including visibility, notwithstanding that the change in air quality resulting from emissions from such source ormodification would cause or contribute to concentrations that would exceed the maximum allowable increases for a Class I area. Ifthe federal land manager concurs with such demonstration and he so certifies, the administrative authority, provided that the applicable requirements ofthis Section are otherwise met, may issue the permit with such emission limitations as may be necessaryto ensure that emissions ofsulfur dioxide, flar-liealate IBat!efPM;u. PM lQ, 

### and nitrogen oxides would not exceed the following maximum allowable increases over minor source baseline concentration for such pollutants.



### Pollutant Particulate matter:

PM1s· annual arithmetic mean PM15· 24-hr maximum PM 10, 

### annual arithmetic mean

7 

### Maximum Allowable Increase (Microe:rams per Cnbic Meter)


## ± 2. 17

### FINALRULE with Substantive Changes AQ328ft

Pollutant 

### Maximum Allowable Increase iMieTOI!:rams perCubic

### Meter) PM

### to, 24-hrmaximum 30 '



### Sulfur dioxide:

Annual arithmetic mean 20 24-hr maximum 91 3-hr maximum 325 Nitrogen dioxide:

Annual arithmetic mean 25
P.6.- AA.l5.b

.... AUTHORITYNOTE: Promulgated inaccordance with R.S. 30:2054. HISTORICALJ';OTE: Promulgated bythe Department ofEnvironmental Quality, Office ofAirQuality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:348 (June 1988), LR 16:613 (July 1990), amended by the Office ofAir Quality and Radiation Protection,Air Quality Division, LR 17:478 (May 1991), LR 21:170 (February 1995), LR 22:339 (May 1996), LR 23:1677 (December 1997), LR 24:654 (Aprill998), LR 24:1284 (July 1998), repromulgated LR 25:259 (February 1999), amended bythe Office ofEnvironmental Assessment, Environmental Planning Division, LR 26:2447 (November 2000), LR 27:2234 (December200l), amended bythe Office ofthe Secretary, LegalAffairs Division, LR 31:2437 (October 2005), LR 31:3135, 3156 (December 2005), LR 32:1600 (September 2006), LR 32:1843 (October 2006), LR 36:2556 (November 2010), LR 37:1148 (April2011), repromulgated LR 37:1389 (May 2011), LR 37:1570 (June 2011), repromulgated LR 37:2146 (July 2011), LR 38:**.



### 8

# Potpourri

POTPOURRI epartment ofAgriculture and Forestry Horticulture Commission
Lan pe Architect Registration Ex
The next landscap rc:hHect registratio be given Det-ember 3, 2012, beginn· Nelson Memorial Buil , Loui · State University Campus, Baton Rouge, LA. The eadline for sending the application and fue November , 2012.

Further intOrmation perta.' · g the examinationsmay be obtained from Tad ardy, irector, Horticulture Commission, P.O. Box , Baton R , LA 70821-3596, phone (225) 952-810

Any individual r uesting special accom odations due to a disability sho notifY the office prior to overnber 16, 2012. Questi maybe direcied to (225) 952-8 0.

120 96 Mike Strain, DVM Commissioner

POTPOURRI Department ofEnvironmentalQuality Office ofthe Secretary
Public Hearing--Substantive Changes-PM2.51ncrements, Significant Impact Levels and Significant Monitoring Concentration (LAC 33:11L509)(A0328ftS)
Under the authority of the Environmental Quality Act, R.S. 30:2001 et seq., and in accordance with the provisions ofthe Administrative Procedure Act, RS. 49:950 ct seq., the secretary gives notice that the department is seeking to incorporate substantive changes to the proposed amendments to various regulations, LAC 33:1IL509 (Log #AQ328ftS), which was originally noticed as AQ328ft in the March 20,2012 issue ofthe Louisiana Register. (1209Pot1)

The department has made substantive changes to address comments received during the public comment period of proposed Rule AQ328ft. This substantive change revises language dealing with significant impact levels (SILS) for PM25 which was proposed as LAC 33:11L509.K.2. EPA's authority to implement the PM25 SILS is presently the subject oflitigation. In light ofthts litigation, LDEQ will not adopt LAC 33:l!L509.K.2 as proposed. This language 'Will be stricken from the proposed Rule. Because ofthe removal of Paragraph K.2, all references will also be revised. In addition, the department seeks to change the definitions of baseline area and baseline date to reflect the changes made byEPA as published at 75 FR 64903.

A strikeout/underline/shaded version ofthe proposed Rule that distinguishes original proposed language from substantively changed 'anguage is available on the Internet at """'w.deqJouisiana.gov under Rules and Regulations,

2439 A public hearing on the substantive changes will be held on October 31, 2012, at 1:30 p.m. in the Galvez Building, Oliver Pollock Conference Room, 602 North Fifth Street, Baton Rouge, LA 70802. 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 De1dra Johnson at the address given below or at (225) 219-3985. Two hour,; offree parking are allov.-ed in the Galvez Garage 'With 

### avalidated parkingticket.

All interested persons are invited to submit written comments on the substantive changes. Persons commenting should reference this proposed regulation by OS083S. Such comments must be received no later than October 3J, 2012, at 4:30p.m., and should be sent to Deidra Johnson, Attorney Supervisor, Office of the Secretary, Legal Division, Box 4302, Baton Rouge, LA 70821-4302 or to 

### tax (225) 219- 4068 or by e-mail to deidra.johnson@la.gov. The comment period for the substantive changes ends on the same date as the public hearing. Copies ofthese substantive changes 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 AQ328ftS. These proposed regulations are available on the internet at www.deq.louisiana.gov/portalitabid/1669/defaulLaspx.

These substantive changes are 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; Ill New Center Drive, Lafayette, LA 70508; 110 Barataria Street, Lockport, LA 70374; 201 Evans Road, Bldg. 4, Suite 420, New Orleans, LA 70123.

1209#032 Herman Robinson, CPM Executive Counsel

POTPOURRI Department ofNatural Resources

Office ofCoastalManagemen Inte ency Affairs!Field Senice 'vision
I Financial Ass· ance--Awards for Consistencywith the stal Resources Program

Federal regulations at 15 §930.90 et seq., require that state and local gove ent ies applying for federal grants. loans, guar**~** insur e. or other form of**financia~** assistan • must submit to e Office of Coastal Management ( M) a request 

### tOr revie ofthat assistance for consist y with the Louisiana Co al Resources Program RP). In order to streamline e review proc e to ensure response to all requests in a t ely and OCM has made the fo wing

Louisiana Register Vol. 38, No. 09 September20, 2012

# Attachment DOct 30 2012 1:15PM

Ms. DeidraJohnson 

### HP LASERJET FA>< 912145752376

UNITEDSTATES ENVIRONMENTAL PROTECTIONAGENCY REGIONS 1445 ROSS AVENUE, SUITE 1200 DALLASTX75202-2733 

# OCT 3 02012

Attorney Supervisor, Legal Division LouisianaDepartmentofEnvironmental Quality P.O. Box 4302 BatonRouge, LA70821-4302


### RE: U.S. Environmental ProtectionAgency (EPA) Comments on Substantive Changes to Proposed AQ328ft- OS083S
Dear 

### Ms. Johnson:


### Thank youfor theopportunity to further review aodprovide conunents onthe substantive revisions to 

### the LouisianaAir Code (LAC), Title33, Part 

### ill, Chapter5, Section 509 contained in AQ328ft. EPA had previouSly reviewed

### theproposed AQ328ft andprovided comments on April25, 2012. As a result ofcomment, Louisiana Department ofEnvironrnenlal Quality (LDEQ) substantivelyrevised theproposedregulations 

### inAQ328ft and is nowproviding additional opportunityforreviewand comment The initial proposed AQ328ft andthe substantive revisions contained 

### in OS083S revise the Louisiana Prevention ofSignificant Deterioration (PSD) programat

### LAC 33:ill.509 to adoptand implement the PSDrequirements promulgated 

### in the EPA's

### final rule "PreventionofSignificantDeterioration (PSD)for Particulate MatterLess 

### than 2.5 Micrometers (PM2.s)- Increments, Significant ImpactLevels (SILs), and SignificantMonitoring Concentration (SMC)"published on October20, 20I0 (see 

### 75 FederalRegister (FR) 64864). p.2

We are supportive of

### theproposedrule revisions andencourage you to continue 

### with the rulemaking process to adopt and submitthe proposed revisions. We believe that theproposed rules 

### as revised throughthe OS083S, October2012 proposal adequately address EPA's concerns idcnti

### fied in our

### April 25, 20 12, comment letter. 

### We look forward 

### to working withyou 

### inthe upcoming year

### as you promulgate andimplement these PSD revisions for

### PM2.s. Pleasenote

### thatour comments today do not c<mstitute tmal determinations concerning approvahility oftherevisions 

### to theLouisiana StateImplementation Plan (SIP).

lnurnsl Addraas (UALl • htlp://wWYJ.ap.n.gcv/1'8glon6 Roayded/Aecycl:.blo • Prin\od wilh Vagolnblo 011**B~Wcd** Inks on 10096 Recyctad Pilpor, Prucooa Ch\orlno FrvoOct 30 2012 1:15PM 

### HP LASERJET FA>< 912145752376

2



### We appreciate the timely efforts by 

### LDEQ to 

### updatethePSD program and your willingness to consul! 

### EPA Region 6

### throughout this process. Ifyouhave any questions about

### the implementation ofthe 

### PMuIncrenu:nWSILs/SMC, or about

### EPA's 

### review ofyourproposed rulemaking,pleasefeel free tocontact me'at {214) 665-643 SotcontactMs. Adina Wiley ofmy 

### staffat (214) 665-2ll5.



### cc: 

### Mr. BryanJohnston

# ~-<=6if.- JeffRobinson Chief 

### AirPermits Section



### LouisianaDepartmentofEnvironmental Quality p.3LDEQ-EDHS Document 8635147, Page 12 of 27

IN RE: SUBSTANTIVE CHANGES TO PROPOSED RULE AQ3211EPARTMENT OF ENVIRONMENTAL QUALITY LOG#: 1209Potl OrtobcrJI,lOJl

1 2 3 STATE OF LOUISIANA 4 DEPARTHEN'r OF ENVIROHMEN'rAL QUALITY 5 6 7 8 9 10 11 IN RE: SUBSTANTIVE CHANGES TO PROPOSED RULE AQ328ft LOG • : 1209Potl PUBLIC HEARING

12 The Publ1c Hear1nq held by the Department of !nvironmental Quall.ty, Requlation 13 Development Section, at the Galva& Building, 602 N. F1fth Straat, Room 1051, Baton Rouqa, 14 LoUJ.SJ.ana, beqinninq at 1:32 p.111., on October 31, 2012. 15 16 17 18 19 20 21 22 23 24 25

1 2 BEFORE LorJ. B. Overland CertJ.fied Court Reporter In and For the State of LouJ.!Iiana

A P P E A R A N C E S
FOR THE LOUISIANA DEPARTHEN'r OF 3 ENVIRONHEN'rAL QUALITY: 4 Suaan Hil.lll Hear1nq OffJ.cer 5 6 7 8 9 10 11 12 13
' 14 15 :16 '17 18 19 20 21 22 23 24 25 Department_ of Env1ronaental Quality Leqal Aff&J.rll Ol.Vl.&l.on, 8th Floor**~~~~t~~~t~;~!~ent** Baton Rouqe, LouJ.aJ.ana 70902



# .

# ..

# . . Page 1 -Page 3 

### !

Page 2 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

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 i19
i 20

! 21 22 23 24 25 I N 0 E X

!:X»>DlATlOIO None
EXHIBITS: None

RJ:POR'l'P.' S 

## ""
Rl!:POR'l'P.'S C!.RTiflCATI: "

# . .. .

MS. HAM: Good afternoon. My name is Susan Ham. and I'm employed hy the l.uuisiana Department ofEnvironmental <)wJiity. I'll be serving as hearing officer thi:-. afternoon to receive comments n:gardin_l'. proposed Substantive Changes tn Rule AQ328ft and amendments. to the air regulations with proposed Rule A<)322

. This**puhli~.:** hearing pmvidcs a forum for all interested parties to present comments on the**propos~d change~.**  l"hi..., hearing is not being conducted in a question and ans"vcr format.**Plca~c** rememhn that the purpose ofthis pui"dic hearing is to alim' you. the puhlic an opportunity to express your thoug.lu.;; concerning today's proposed amcndrncnh. I'll ask that each person commenting come up and sit in the front row and hegin by stating his or her name and affiliation for the record. The first matter is !209Pot I. Substantive changes to AQ328H. Page 4

q, .t\ssociated Reporters Incorporated (225) 216-203(, (I) Pages 1 - 4LDEQ-EDMS Document 8635147, Page 13 of 27

DEPARTMENT OF ENVIRONMENTAL QUAL!n'RE: SUBSTANTIVE CHANGES TO PROPOSED RULE AQ3281t October 31,2012 LOG#: 1209Potl

1 The comment period for these 2 amendments began on September 20. 2012. 3 when the potpourri notice was published 4 in the Louisiana Register. The comment 5 period will close at 4:30p.m., today. 6 October 3I. 2012. It would be helpful to 7 us ifall oral comments received today e \\·ere followed up in writing. 9 The department seeks to make 10 substantive changes to address comments 11 received during the public comment period 12 ofproposed rule AQ328ft. This 13 substantive change revises language
14 dealing with significant impact levels 15 

### (SILS) for**P~l:.s** 

### 11hid1 was prop,,s.od as 16 LAC33:111.509.K.2. EPA's authority to 11 implement the PM2.5 SJLS is presently the 18 subject oflitigation. In light ofthis 19 litigation. 

### LDEQ will not adopt 20 l.AC33:lli.509.K.2 as proposed. This 21 language will be stricken from the 22 proposed rule. Because ofthe removal of 23 Paragraph K.2. all references will also 24 be revised. In addition. the department 25 seeks to change the definitions of

1 2 3 4 5 6 7 8 9 "Baseline Area" rtnd ''Baseline Date" to rellect the changes made hy EPA as published at 75 FR 64903. Docs anyone care to comment on this amendment'? (An otT-the-record discussion follm"'·ed.) MS. HAM: Ifnot. the hearing on the Substantive Changes to Proposed Rule AQ328ft is closed. I'd like to thank you for your attention and participation. This hearing is closed. Page 5

Page£

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE HEARING CONCLUDED AT I :35 P.M. * •••• 1 REPORTER'S PAGE 2 I. Lori B. Overland Certified Court 3 Reporter. in and for the State ofLouisiana. 4 the officer. as defined in Rule 28 ofthe 5 Federal Rules ofCivil Procedure and/or 6 Aniclc 1434(b) ofthe Louisiana code of 7 Civil Procedure, hefore whom this sworn a testimony was taken. do hereby state on the 9 Record 10 That due to the interaction in the 11 spontaneous discourse ofthis proceeding. 12 dashes(··) have been used to indicate 13 pauses. changes in thought. and/or talk 14 overs; that same is the proper method for a 15 

### Cvurt Reporters's transcription Df 16 proceeding, and that the dashes (--) do not 17 indicated that words or phrases have been 19 left out ofthis transcript: 19 That any words and/or names which could 20 not be verified through reference material 21 have been denoted w·ith the phrase 22 "(inaudible)." 23 24 25 Lori Overland C.C.R. # 97083

1 CERTIFICATION 2 I, the**unders~qned** reporter, do her&by 3**cert~fy** that the above and**foreqo~nq ~s**  a 4 true and correct**transcn.pt~on** of the 5 stenoiDa.!lk tape of the**proceed~ngs** had 6 here1n, taken down by me and transcr1bed 7 under my suparvis1on, to the best of my 8 ability and understandinq, at the**t~ma** and 9 place here1nbefore noted,**~n** the above 10**ent~tled** cause. 11 I further cert1fy that the w1tness was 12 duly sworn by me**~n** my capacity as a
: 13 Certified Court Reporter pursuant to the 14**provis~ons** of R.S 37:2551 et seq.**~n** and 15 for the state of**Lou~s1ana;** that I am not of 16 counsel nor related to any of the counsel of 17 any of the parties, nor**~n** the employ of any 18 of the parties, and that I have no 1nterest 19 1n the outcome of th1s act1on 20 I further**cert~fy** that my**l~cense** 1s 1n 21 qood standinq as a court reporter**~n** and tor 22 the state of**Lou1s~ana** 23 24 25**Lor~** Overland C c R I 97093
Pages 5-8 (2) Associated Repor"ters Incorporated (225) 216-2036 Page 7

Page 8 \

### Comment Summary Response & Concise StatementPage 1 of2 A0328ft'



### PM2.5 

### Increments, Significant Impact Levels and Significant Monitoring Concentration 

## LAC 33:111.509



### COMMENT

RESPONSE Log NumberAQ328ft



### 1: We are supportive ofthe proposed rule revisions and encourage you to continue with the rulemaking process to adopt and submit the proposed revisions. We believe that the proposed rules as revised through the October 2012 proposal adequately address EPA's concerns identified in our April25, 2012, comment letter. No arguments necessary; comment does not suggest amendment or change.
1: The department appreciates the support.

• indicates a fast-track regulationPage 2 of 2 A0328ft' 

### Comment Summary Response & Concise StatementPM2.s Increments, Significant Impact Levels and Significant Monitoring Concentration LAC 33:111.509

COMMENT#
1



### Total Commenters: 1 Total Comments: 1

* indicates a fast-track regulation 

### Log Number AQ328ft

SUGGESTED BY Jeff Robinson- Chief, Air Permits Section, United States Environmental Protection Agency, Region 6

# Attachment E

### FINALRULE with SubstantiveAmendments 

### AQ328ft



## Title 33
ENVIRONMENTALQUALITY 

## Part III. Air Chapter 5. Permit Procedures

§509. Prevention ofSignificant Deterioration
A. -A.5

.... B. Definitions. For the purpose ofthis Section, the terms below shall have the meaning specified herein as follows. 

# •••
BaselineArea--

a. any intrastate area (and every partthereof) designated as attainment or unclassifiable under Section**107(d)(l)(D~** eF**(E~(A)(ii)** 

### or (iii) ofthe Clean AirAct in which the major source ormajor modification establishing the minor source baseline date would construct or would have an air quality impact equal to or greaterthan I l!!!}im" 

### (W!HIIal**a'lefllge~the** 

### following amounts ofthe pollutant for which the minor source baseline date is established: I ug/m3 

### (annual average) for SO,. NO,. or PM 10; 

### or 0.3 ug/m3 

### (annual average) for PM, 5; 

### b. area redesignations under Section**107(d)(l)(D~** eF**(E~(A)(ii)** 

### or (iii) ofthe Clean Air Act cannot intersect or be smaller than the area ofimpact ofany major stationary source ormajor modification that:
b.i.

- 

### c. 

# •••
Baseline Datea. 

### Major Source Baseline Datei. in tbe case ofparticulate matter (PM 10) 

### and sulfur dioxide, January 6, 1975;-aati
ii. in the case ofnitrogen dioxide, February 8, 1988"; and
iii. in tbe case ofPM, 5• 

### October 20. 20II.

l

### FINAL RULE with SubstantiveAmendments AQ328ft

b. 

### Minor Source Baseline Date- the earliest date after the trigger date on which a major stationary source or a major modification subjecttothis Section submits a complete application under the relevant regulations. Thetrigger date is: 

### i. in the case ofparticulate matter 

### (PM 10) 

### and sulfur dioxide,August 7, 

### 1977;-BII4
ii. in the case ofnitrogen dioxide, February 8, 1988,.; and


### iii. inthe case ofPM2 l· October 20, 20I

### I.

c. The 

### baseline dale is established for eachpollutant for which increments or other equivalentmeasures have been established if: 

### i. the area in which the proposed source or modification would C{lnstruct is designated as attainment orunclassifiable under Section**107(d)(41)~** 

### er (E)(A)(ii) or (iii) 

### ofthe CleanAirAct for the pollutant on the date ofits complete application under40 CFR 52.21 orunder regulations approved in accordance with 40CFR 51.166; and


### c.ii. -d

.... 

# •••
C. AmbientAir Increments. In areas designated as Class I, II, or l!I, increases in pollutant concentration over the baseline concentration shall be limitedto the following. 

### Maximum Allowable Pollutant Inerease (Micrograms

. 

### per Cubic

## Meted ClassI Particulate matter:**PM~** 

### l• annual arithmetic mean 

### 1

PM;u, 24-hr maximum 

## 1 PM 10, 

### annual arithmetic mean 4 

### PM 10, 

### 24-hr maximum 8 Sulfur dioxide:

Annual arithmetic mean 2 24-hr maximum 

### 5 3-hrmaximum 25 Nitrogen dioxide:

Annual arithmetic mean 2.5 

### Class II

2

### FINAL RULE witb SubstantiveAmendments AQ328ft

Maximum Allowable Pollutant Increase (Micrograms per Cubic

## Meted Particulate matter:

PM, 5, 

### annual arithmetic mean 

## 1**~** 

### 24-hr maximum 

## 2 PM10, 

### annual arithmetic mean 17 PM 10, 

### 24-hr maximum 30 Sulfur dioxide:

Annual arithmetic mean 20 24-hr maximum 91 3-hrmaximum 512 Nitrogen dioxide:

Annual arithmetic mean 25 

### Class 

### ill Particulate matter:**~M•.~·** 

### annual arithmetic mean 

## .!!**PM,,~.** 

### 24-hr maximum 

## 1!

PM10, 

### annual arithmetic mean 34 PMw, 24-hr maximum 60 Sulfur dioxide:

Annual arithmetic mean 40 24-hr maximum 182 3-hrmaximum 700 Nitrogen dioxide:

Annual arithmetic mean 50 1 

### Foranyperiod otherthan an annual period, the

applicable maximum allowable increase may be exceeded during one such period peryear at any one location.


### D. -1.4

.... 5. The administrative authority may exempt a stationary source ormodification from the requirements ofSubsection M ofthis Section, with**respe~1** 

### to monitoring for a particular pollutant, if:

a. the emissions increase ofthe pollutant from a new stationary source orthe net emissions increase ofthe pollutantfrom a modification would cause, in any area, air quality impacts less than the following amounts: 

# ICarbon monoxide 575

### ~tg/m**3** 

### 8-hour average

- 

### gen dioxide 14 11glm3 

### annual average 

# l

Particulate matter 10 llg!m, ofPMw 24-houraverage 4 u·.,/m3 

### ofPM,, 24-hour avera!!e

3

### FINALRULE with SubstantiveAmendments AQ328ft

Sulfur dioxide 13 J.lg/m3 

### 24-hour average No 

### de minimis air quality level is provided for ozone. However, any net increase of 

### I00 tons peryear ormore ofvolatile organic Ozone compounds or nitrogen oxides subjectto PSD would requirethe performance of

### an ambient impact analysis including the gathering ofambient airquality data. Lead 0.1 J.lg/m' 3-month average Fluorides 0.25 J.lg/m3 

### 2 4-hour average Total reduced sulfur 10 11g/m5 

### 1-hour average Hydrogen sulfide**0.2~tg/m 3**  

### 1-hour average Reduced sulfur 10 11g/rn3 

### 1-hour average compounds
1.5.b. 

### -I.7

.... 8. The permitting requirements ofPafagrfiilh K.2Subparagraph K.l.b of this Section shall not apply 

### to a stationary source or modification with respect 

### to any maximum allowable increase for nitrogen oxides ifthe owner or operator ofthe source ormodification submitted an application for a permit underthis Section before the provisions embodying the maximum allowable increase took effect aspart ofthe applicable State Implementation Plan and the permitting authority subsequently determined thatthe application as submitted beforethat date was complete.
9. The permittingrequirements of

### Pal'agt'lljlft K.2Subparagraph K.l.b of this Section shall not applyto a stationary source or modification with respectto any maximum allowable increase for 

### PMw if:



### a. b. the permitting authority subsequentlydetermined thatthe application as submitted before that date was complete. Instead, the applicablerequirements equivalent 

### to PamgFajlh K.2Subparagraph K.I.b ofthis Section shall apply with respect

### to the maximum allowable increases for TSPas in effect on the date the application was submitted.


### J.- J.4

.... 'K. 

### Source Impact**Analysis~** 

### I. Theowner or operator ofthe proposed source or modification shall demonstratethat allowable emission increases from the proposed source or modification, in conjunction with all other applicable emissions increases or reductions, including secondary emissions, would not cause or contributeto air pollution in violation of:

4

### FINALRULEwith SubstantiveAmendments AQ328ft



### -1-l!. any national ambient air quality standard in any air quality control region; or 

### 2-Q. any applicable maximum allowable increase over the baseline concentration in any area. 

### 2. SigBifieaatImf)aetLe\<els. Fer !!!!f!!eses ef

## PM?...· tBe aemeastratiea reEJ!!irea iH 

### Pafam!!l! K.l aftl!is Seetiea is eeemea te ll!we lleea maae ifttte emissieas iaerease fFem tile 

### aew statieaart

### Se!!Fee aleae er fi:em tBe me!lifieatiea 

### t!laae we!!hl 

### Gai!Se, ill all 

### areas. aiF EJIIBiitv ifll!ilaets less 

### tBall tBe fellewiag ame!!llts:Reserved.
Pelllltggt 

### l\iieregF&IBil l!er Cul!ie Meter Clllss 

### I 

### Partie!!late matter;**~.** 

### eall!lal 

### arifr..metie meea 

### Me

DLL

### ~ Clllss II 

### Partie!!late mattey: 

### --PM,, atHttJ:al 

### arithmfiie me§B**~ DH~**  ..,A 0.. +.;! 

## .£!! Partieulate BHltter:**Pl\~~** 

### aF.fl!lal aml!metie 

### meaa**~**

## ~ +.;!


### L.- P.4

.... 

### 5. Class IVariances. The owner or operator ofa proposed source or modification may demonstrate to the federal land managerthat the emissions from such source or modification would have no adverse impact onthe air quality-related values ofany such lands, including visibility, notwithstanding thatthe change in air quality resulting from emissions from such source ormodification would cause or contribute to concentrationsthat would exceed the maximum allowable increases for a Class I area. Ifthe federal land manager concurs with such demonstration and he so certifies, the administrative authority, provided thatthe applicable requirements ofthis Section are otherwise met, may issue the permit with such emission limitations as may be necessary to 

### ensurethat emissions ofsulfurdioxide, 

### pru4ie!!late matterPM,

## >• PM10, and nitrogen oxides would not exceed the following maximum allowable increases overminor source baseline concentration for such pollutants.

Pollutaot 

### Particulate matter:

PM2;. 

### annual arithmetic mean PM2 5, 

### 24-hr maximum PM 10, 

### annual arithmetic mean

5 Maximum Allowable Increase (MiC1'0flrams perCubicMeter) 

## i 2 17

### FINAL RULE with SubstantiveAmendments AQ328ft

Pollutant Maximum Allowable Increase (Micrograms per CubicMeter) PMw, 24-hr maximum 30 i 

## :
Sulfur dioxide:

Annual arithmetic mean 20 24-hr maximum 91 3-hr maximum 325 Nitrogen dioxide:

Annual arithmetic mean 25
P.6. -AA.l5.b

.... AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054. HISTORICALNOTE: Promulgated bythe Department ofEnvironmental Quality, Office ofAirQuality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:348 (June 1988), LR 16:613 (July 1990), amended bythe Office ofAir Quality and Radiation Protection,AirQualityDivision, LR 17:478 (May 1991), LR 21:170 (February 1995), LR 22:339 (May 1996), LR23:1677 (December 1997), LR 24:654 (Aprill998), LR 24:1284 (July 1998), repromulgated LR 25:259 (February 1999), amended by the Office ofEnvironmental Assessment, Environmental Planning Division, LR 26:2447 (November 2000), LR27:2234 (December 2001), amended bythe Office ofthe Secretary, Legal Affairs Division, LR 31:2437 (October 2005), LR 31:3135, 3156 (December 2005), LR 32:1600 (September 2006), LR 32:1843 (October 2006), LR 36:2556 (November 2010), LR 37:1148 (April2011), repromulgated LR 

### 37:1389 (May 2011), LR 37:1570 (June 2011), repromulgated LR 37:2146 (July 2011), LR 

### 38:**.



### 6

### RULE DepartmentofEnvironmental Quality Office ofthe Secretary
PM25 Increments, Significant Impact Levels and Significant Monitoring Concentration (LAC 33:!11.509)(AQ328ft)
Under the authority of the Environmental Quality Act, R.S. 30:2001 et seq., and in accordance with the provisions ofthe Administrative ProcedureAct, R.S. 49:950 et seq., the secretary has amended the Air regulations, LAC 33:!11.509 (AQ328ft).

. .

This Rule is identical to federal regulattons found m 75 FR 202 pages 64864-64907, which are applicable in Louisiana. For more information regarding the federal requirement, contact the Regulation Development Section at (225) 219-3985 or Box 4302, Baton Rouge, LA 70821-4302. No fiscal or economic impact

### will result from the Rule. Thts Rule will be promulgated in accordance with the procedures in R.S. 49:953(F)t3) and (4).

This action incorporates the provisions of the Environmental Protection Agency's final rule entitled "Prevention of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers (PM,)- Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC)" (75 FR 64864, October 20, 20lO) into the Louisiana air regulations. The. New Source Review (NSR) provisions of the Clean Atr Act (CAA) are a combination of air quality plarming and air pollution control technology program reqwremc'llts 

### for new and modified stationarv sources of atr polluuoo. In hnef, section 109 ofthe CMrequires EPA to promulgate primary Natiooal Ambient Air Quality Standards (NAAQS) to protect public health and secondary NAAQS to protect public welfare. Once EPA has set these standards, states must develop, adopt> and submit to the agency**~or ap~ro~al**  state implementation plans (SIPs) that contam**em~ss10n** limitations and other control measures to attatn and mamtam the NAAQS and to meet the other requirements of section IIO(a) ofthe CAA.

Part C ofTitle I ofthe CAA contains the requirements for a component ofthe major NSR program known as the PSD program. This program set> U.:th procedures for

. the preconstruction review and permtttmg ofnew and**~od1fied** major statiomuy sources of air pollution located m areas meeting the NAAQS ("attainment" areas) and areas for which there is insufficient information to classify an area as either attainment or nonattainment ("unclassifiable" areas).

Louisiana has a SIP-approved PSD program. In the aforementioned Rule: [WJe [EPA] are establishing the final**PM:_~** increments as minimum program elements for all State PSD**progr~ms.** Accordingly. states must submit for EPA's approval**rev1~ed** SIPs that incorporate the tinal PMH increments or altematJVe measures that can be demonstrated to EPA's satisfaction to provide an equivalent level of ptotection as the PMB increments. In accordance with section 166(b) oflhe Ac1, we are requiring states to submit revised implementati,on plans _to EPA for approval within 21 months of promulgatw-n, that lS. by July 20, 2012. (75 FR 64898)

3163 The basis and rationale for this Rule are to incorporate PSD increments, S!Ls, and the SMC for PM,.s into LAC 33:111.509.

This Rule meets an exception listed in R.S. 30:2019(0)(2) and R.S. 49:953(G)(3); therefore, no report regarding environmental/health benefits and social/economic costs is required. Tit!e33 ENVIRONMENTAL Ql.iALITY Part III. Air Cha!'ler5. Permit Procedures §509. Prevention ofSigniilcanl Deterioration

A. -A.5.

... B. Definitions. For the purpose ofthis Section, the terms belowshall have the meaning specified hereinas follows. 

## ••• BaselineArecr---

a. any intrastate area (and every part thereof) designated as attainment or unclassifiable under Section 107(d)(l)(A)(ii) or (iii) of the Clean Air Actin whichthe major source or major modification estabhshmg the mmc:r source baseline date would construct or would have an atr quality impact equal to or greater than the following amounts ofthe pollutant for which the minor source basehne date is established: I gim3 (armual average) for SO,, NO,, or PM,.: or 0.3 g!m3 (armual average) for PMu; b. area redesignations under Section l07(d)(l)(A)(ii) or (iii) ofthe CleanAirAct carmot intersect or be smaller than the area ofimpact ofany major stationary source or majormodification that: b.i. -c. 

# ••• Baseline Date---

a. MajorSourceBaseline**Date-~**

i. in the case of particulate matter (PMw) and sulfurdioxide, January 6, 1975; iL in the case of nitrogen dioxide, February 8, l988;and iii. in the case ofPM25 , October 20, 20II. b. .Minor Source Baseline Date--the earliest date after the trigger date on \Vhich a major stationary source or a major modification subject to this Section**s~bmits** a complete application under the relevant regulatmns. The trigger date is: i. in the case of particulate matter (PMw) and sulfur dioxide, August 7, 1977; ii. in the 

### case of nitrogen dioxide, February 8, 1988; and iii. in the case ofPM25, October 20, 2011. c. The baseline date is established for each pollutant for which increments or other equivalent measures have been established if: i. the area in whlch the proposed source or modification would construct is designated as attainment or unclassifiable under Section l07(d)(I)(A)(ii) or (iii) of the Clean Air Act for the pollutant on the date of its complete application under 40 CPR 52.21 or under regulations approved m accordance with 40 CPR51.166; and c.ii.**~** d. 

# •••

Louisiana Register Vol. 38, No_ 12 December20, 2012C. Ambient Air Increments. In areas designated as Class I,**H~** or III, increases in pollutant concentration over the baseline concentration shall be limited tothe following.
Maximum Allowableloen'••e Pollutant (Micmgrama perCubitMeter\' Claul Particulate matter: PYh, 1, annual arithme1ic mean I PM2.), 24-hr maximum 

# ' PMw, annual arithmetic menn 4 P!lvh:, 24-hrmaximum 8 Sulfurdioxide: Annual arithmetic mean 2 24-hr maximum 5 3·hr maximum 25 Nitrogen dioxide: Annual arithmeti.; mean 2.5 CJas&JI Particulate matter: PMB, annual arithmetic mean 4**P&h~.** 24-hr maximum 9 PM 10, annual arithmetic mean 17 PM1o. 24-hr maximum 30 Sulfurdioxide: Annual arithmetic mean 20 24-hr maximum 91 3-llfmaximum 5!2 Nitrogen dioxide: Annual arithmetic mean 25 C!auIII Particulate matter: Pt>.h**~.annual** arithmetic mean g PM:u, 24-hr maximum 18 PM:o. annual arithmetk mean 34 PM:11, 24-hr maximum 60 Sulfurdioxide; Annual arithmetic mean 40 24-hrmaximum 182 3-hr maximum 700 Nitrogen dioxide: Annual arithmetic mean 50 For any period other than an annual period, the applicable maximum allowable increase may be exceeded during onesuch period per year at any one location.

D. -1.4.

5. The administrative authority may exempt a stationary source or modification from the requirements of Subsection M ofthis Section, with respect to monitoring for a particular pollutant, if: a. the emissions increase of the poHutant from a new stationary source or the net emissions increase of the pollutant from a modification would cause, in any area, air quality impacts less than the follov.ing amounts.

Carbon monoxide 575 uWm' 8-hoor**ave~e** Nitrogen dioxide 14jlg/ffi" annual average Particulatematler lO**jtg/m~** ofPMw**24~hour** average**41l~m ofPMH**  24·houraverage Sulfurdioxide 13 J,tg/fll 24·houraverage No de minimisair quality levd is provided fur ozone. However, any oct increase oflOO tons peryear or more of Ozone volatile organiccompoundsor nitrogett oxides subject to PSD would require the performance ofan ambient impact analysis including the gathering of ambient airquality data.

Louisiana Register Vol. 38, No. 12 December20, 2012 3164 Lead 0.1 •Wm 3-monthaverage Fluorides 0.25**"g;m~ 24~hour**  average TUI.al reduced SU:!fur 10 J.Udm l·hour average Hydrogen sulfide 0.2 ""'"' 1 ·houraveraue Reduced sulfurcompounds 10 ,ug!m· l·houravera2t
1.5.b.- 1.7.

8. The permitting requirements ofSubparagraph K.l.b of this Section shall not apply to a stationary source or modification with respect to any maximwn allowable increase for nitrogen oxides ifthe owner or operator ofthe source or modification submitted an application for apermit under this Section before the provisions embodying the maximum allowable increase took effect as part of the applicable State Implementation Plan and the permitting authority subsequently determined that the application as submitted before that date was complete. 9. The permitting requirements ofSubparagraph K.l.b of this Set.1:ion shall not apply to a stationary source or modification "ith respeet to any maximum allowable increase for PMto if: a. b. tl1e permitting authority subsequently determined that the application as submitted before that date was complete. Instead, the applicable requirements equivalent to Subparagraph K.l.b ofthis Section shall apply with respect to the maximum allowable increases for TSP as in effect on the date the application was submitted.

J.- J.4. K. Souree ImpactAnalysis

I. The owner or operator of the proposed source or modification shall demonstrate that allowable emission increases from the proposed source or modification; in conjunction with an other applicable emissions increases Of reductions, including secondary emissions, would not cause or contribute to air pollution in violation of: a. any national ambient air quality standard in any airqualitycontrol region; or b. any applicable maximum allowable increase over the baseline concentration in any area. 2. Reserved. L.

- P.4.

5. Class I Variances. The owner or operator of a proposed source or modification may demonstrate to the federal land manager that the emissions from such source or modification wou1d have no adverse impact on the air quality-related values ofany such lands. including visibility, notwithstanding that the change in air quality resulting from emissions from such source or modification would cause or contribute to concentrations that would exceed the maximum allowable increases for a Class I area. If the federal land manager concurs v.1th such demonstration and he so**certifies~** the administrative authority, provided that the applicable requirements of this Section are otherwise met, may lssue the permit with such emission limitations as may be necessary to ensure that emissions of sulfur dioxide. PM2s, PM10, and nitrogen oxides would not exceed the following maximum allowable increases over minor source baseline concentration for such poHutants.-MaDmu_m AUowable Pollutant**IO(rea~~~e** (Mie-rogfaru per

CubicMmr\ Particulate matter: PMzs, annual arithmetic mean 4 PMu,**24~hr** ma-ximum 9 PMw. annual arithmetic mean 17 PMw, 24-hr maximum 30 Sulfurdioxide: Annual arithmetic mean 20**24~hr**maximum 91 3-hr maximum 325 Nitrogen dioxide: Annual**arithmeti~** mean 25

P.6.

- AA.I5.b. AliTHORlTYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICAL NOTE: Promulgated by tile Department of Environmental Quality, Office ofAir Qualitv and Nuclear Energy Air Quality Division, LR 13:741 (De<emtxi'r 1987), amended 

## Lit 14:348 (June 1988). LR 16:613 (July 1990), amended by theOffice ofAir Quality and Radiation Proteetion, Air QuaJity Division. LR 17:478 (May 19911 LR 21:170 (February 1995), LR 22:339 (l-!ay 1996), LR 23:1677 (December 1997), LR 24:654 {Apri11998), LR 24:1284 (July 1998), repromulgated LR 25:259 (February 1999), amended by the Office of Environmental Assessment Environmental Planning Division, LR 26:2447 (November 2000): LR 27:2234 (December 2001), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2437 (October 2005), LR 31:3135, 3156 (December 2005), LR 32:1600 (September 2006), LR 32:1843 (October 2006), LR 36:2556 {November 20!0), LR 37:1148 (April 2011). repromulgated LR 37:1389 (May 2011), amended LR 37:1570 {June 2011), repromulgated LR 37:2146 (July 2011). amended LR 38:3163 (December 2012).

1212#044 Herman Robinson, CPM Executive Counsel

RULE Office

## ortbe Governor Boar ofExaminersfor NewOrleans and Baton amsbip Pilots fortbe Mississippi Riv
Pilot Recen ·Requirements and Continu· Education (LAC4 ' XX.Chapters 61, 62, 63 and 64)
In accordance with e Adrninistrati ProcedureAct, R.S. 49:950 et seq., the Boar f Exam' rs for New Orleans and Baton Rouge Steamship 'lots r the Mississippi River hereby promulgate, repeals eenru;Js its rules. This Rule restates existing rules and w' reenacted for the purpose of codification. New rul are in c public's interest and will promote public s ty. The n ' rules provide more stringent education and licensin requirements for applicants seeking state pilot commissio The rules revise the standard of onduct for state commis. ·oned NOBRA pilots and tbe ocess for filing a complaint commission NOBRA pilots. This Rule cs lishes a age for selection into the Board of Ex elopment Program. The ru1es revise pilot r requ ents and continuing education requirements RApilots.

3165 Title 46 PROFESSIONAL AND OCCUPATIONAL STANDARDS Part LXX River Pilots Subp rt 3. Board ofExaminers for the New Orleans a Baton Rouge Steamship Pilots Cbapte 61. GeneralProvisions §6102. finltions

Applic**t~any** person who has submitted an appli ation to be con ·dered for selection into the Pilot Devel men! Program f< New Orleans and Baton Rouge St amship Pilots.

Apprentice any person duly selected by the bers of NOBRA, but ot yet cornntissioned, who is ser ing in the Pilot Developm t Program,

AUTHORITY 34:1041 et seq.

HISTORICAL N 

# •••

B. All appl' tions shall be in wntmg, applicant and esented to a member of the ard or their authorized r esentative by the applicant. 11 persons wishing to s mit an application shall make an pointrnent with an e incr or their authorized repres tative by contacting the board's office. All applications shall be notarized and be accompanied by satisfactory roof of compli e with all of the board's objective requi menls. Upon brnission a board member or their aut orized repres tative will provide a stamped copy to the ap licant indi ing the date and time of submission. The boa d or their authorized representative shall reject all deli ·ent app cations and provide an applicant v..ritten notice of he sp cific deficiency.

Louisiana Register Vol. 38, No. 12 December20, 2012