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, 20 I 0, the Environmental Protection Agency (EPA) promulgated a rule entitled 

"Prevention of Significant 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 of protection as the PM2.5 increments."2 The rule also acknowledges 

that SILs and SMCs "are not required by the Act as part of an approvable SIP program" and that 

"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 of Louisiana, 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 required by the aforementioned rule. 

LDEQ' s rulemaking, identified as AQ328ft, was proposed in the Louisiana Register on March 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 

Summary Response & 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 Register on September 

20, 2012; and a public hearing was held on 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.

5 Increments 

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 of the 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 of the 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 of Environmental Quality 

Office of the Secretary 

Legal Division 

AQ328ft 

PM25 Increments, Significant Impact Levels and Significant Monitoring Concentration 

(LAC 33:111.509) (AQ328ft) 

Under the authority of the Environmental Quality Act, R.S. 30:2001 et seq., and in 

accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., the 

secretary gives notice that rulemaking procedures have been initiated to amend the Air 

regulations, LAC 33:III.509 (Log #AQ328ft). 

This rule is identical to federal regulations found in 75 FR 202 pages 64864- 64907, 

which are applieable 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. This rule will be 

promulgated in accordance with the procedures in R.S. 49:953(F)(3) 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 (PM2 5)-Increments, Significant Impact Levels (SILs) and Significant Monitoring 

Concentration (SMC)" (75 FR 64864, October 20, 20 I 0) 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 109 of the CAA requires 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 IIO(a) of the CAA. 

Part C of Title I of the CAA contains the requirements for a component of the major NSR 

program known as the PSD program. This program sets forth procedures for the preconstruction 

review and permitting of new and modified major stationary sources of air pollution located in 

areas meeting the KAAQS ("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, 

[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 SIPs that incorporate the final PM25 increments or alternative 

measures that can he demonstrated to EPA's satisfaction to provide an equivalent 

level of protection as the PM25 increments. In accordance with section 166(b) of 
PROPOSED RULE/March 20, 2012 AQ328ft 

the 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 FR 

64898) 

The basis and rationale for this rule are to 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. 

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

in R.S. 49:972. 

A public hearing will be held on 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 or at (225) 219-3985. Two hours of free parking are allowed in the 

Galvez Garage with a validated parking ticket. 

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

Persons commenting should reference this proposed regulation by AQ328ft. Such comments 

must be received no later than April25, 2012, at 4:30p.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 of this proposed 

regulation can be purchased by contacting the DEQ Public Records Center at (225) 219-3168. 

Check or money order is required in advance for each copy of AQ328ft. This regulation is 

available on the 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 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 
PROPOSED RULE/March 20, 2012 AQ328ft 

Title 33 

ENVIRONMENTAL QUALITY 

Part III. Air 

Chapter 5. Permit Procedures 

§509. Prevention of Significant Deterioration 

A. -A.5 .... 

B. Definitions. For the purpose of this Section, the terms below shall have the meaning 

specified herein as follows. 

• •• 

Baseline Areaa. any intrastate area (and every part thereof) designated as attainment or 

unclassifiable under Section 107(d)(l)(D) or (E) of the Clean Air Act 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 l J:tg;'m' (anRtifii&Yefflge)the following amounts of the 

pollutant for which the minor source baseline date is established: I uglm3 {annual average) for so •. 

NOb or PM10; or 0.3 ug/m3 {annual average) for PM:~ ; 

b.- c .... 

• •• 

Baseline Datea. Major Source Baseline Date1. in the case of particulate matter (PM10) and sulfur dioxide, January 6, 

1975;-ftftEi 

ii. in the case of nitrogen dioxide, February 8, 19887; and 

iii. in the case of PMz s. October 20. 20 II. 

b. Minor Source Baseline Date- the earliest date after the trigger date on 

which a major stationary source or a major modification subject to this Section submits a complete 

3 
PROPOSED RULE/March 20,2012 AQ328ft 

application under the relevant regulations. The trigger date is: 

i. in the case of particulate matter (PM 10) and sulfur dioxide, August 7, 

1977 ;-611ti 

ii. in the case of nitrogen dioxide, February 8, 198&,.; and 

iii. in the case of PM, 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) of the 

Clean Air Act for the pollutant on the date of its 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 over the baseline concentration shall be limited to the following. 

Maximum AUowable 

PoUutant Increase (Micrograms 

per Cubic Meted 

Class I 

Particulate matter: 

PM".5, annual arithmetic mean l 

PMu, 24-hr maximum ~ 

PM 10, annual arithmetic mean 4 

PM10, 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-hr maximum 60 

Sulfur dioxide: 

Annual arithmetic mean 40 

24-hr maximum 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 one such 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 of this 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 following amounts: 

Carbon monoxide 575 11g/m3 8-hour average 

Nitrogen dioxide 14 J.lg/m3 annual average 

Particulate matter 

I 0 11g/m, ofPMto 24-hour average 

4 U!l/m3 of PMz < 24-hour avera>Ze 

Sulfur dioxide 13 flg/mj 24-hour average 

No de minimis air quality level is provided 

Ozone for ozone. However, any net increase of I 00 

tons per year or more of volatile organic 

compounds or nitrogen oxides subject to 

5 
PROPOSED RlJLE/March 20, 2012 AQ328ft 

PSD would require the perfonnance of an 

ambient impact analysis including the 

gathering of ambient 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 !-hour average 

Hydrogen sulfide 0.2 J.lg/m3 !-hour average 

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

l.S.b. J.4 .... 

K. Source Impact Analysis., 

l. 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 all other applicable emissions increases or reductions, including secondary 

emissions, would not cause or contribute 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 of PM,;. the demonstration 

required in Paragraph K.l of this Section is deemed to have been made if the emissions increase 

from the new stationary source alone or from the modification alone would cause, in all areas, air 

quality impacts less than 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: 

PM2 5• annual arithmetic mean 0.3 

PM, ,, 24-hr maximum 1.2 

Classm 

Particulate miltter: 

PM2 '· annual arithmetic mean 0.3 

PM, ;, 24-hr maximum 1.2 

6 
PROPOSED RULE/March 20, 2012 AQ328ft 

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 would have no adverse impact on the air quality-related values of any 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 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. 

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-hr maximum 325 

Nitrogen dioxide: 

Annual arithmetic mean 25 

P.6. -AA.I5.b .... 

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

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office 

of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended 

LR 14:348 (June 1988), LR 16:613 (July 1990), amended by the Office of Air 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 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 2010), LR 37:1148 (April2011), repromulgated LR 

37:1389 (May 2011), LR 37:1570 (June 2011), repromulgated LR 37:2146 (July 2011), LR 38:**. 

7 
NOTICE OF INTENT 

Department of Environmental Quality 

Office of the 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 

of the 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 I 09 of the CAA requires 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) of the CAA. 

Part C of Title I of the CAA contains the requirements for 

a component of the major NSR program known as the PSD 

program. This program sets forth procedures for. !he 

preconstruction review and perm1ttmg of new 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 or nonattainment ("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) of the 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 

Part IlL Air 

ChapterS. Permit Procedures 

§509. Prevention of Significant Deterioration 

A. - A.S. 

B. Definitions. For the purpose of this Section, the terms 

below shall have the meaning specified herein as follows. 

••• 

Baseline Area--

a. anv intrastate area (and every part thereat) 

designated ~ attainment or unclassifiable under Section 

107(d)(IXDJ or (E) of the Clean Air Act 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 

PM10 ; or 0.3 glm3 (annual average) for PM,.5; 

b.- c, 

••• 

Baseline Datea. 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 of P!V12.5, October 20, 20 II. 

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 

sulfur dioxide, 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, 2012 
application under 40 CFR 52.21 or under regulations 

approved in accordance "1th 40 CFR 51.!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 limited to the follomng. 

Maxil.um Allowable Jac'tuse 

Pollutaat (Mkrograms per Cubk 

Mete;)1 

ClaM I 

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 

Sulfur dioxide: 

Annual arithmetic mean 2 

24-hr maximum 5 

3-hr maximum 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 

Sulfur dioxide; 

Annual arithmetic mean 20 

24-hr maximum 91 

3-hr maximum 5L2 

Nitrogen dioxide: 

Annual arithmetic mean 25 

Class ill 

Particulate matter: 

PM2 5, annual arithmetic mean 8 

PM2s. 24~br maximum 18 

P:\11,., annual arithmetic me<1n 34 

PMw, 24~hr maximum 60 

Sulfur dio.>:ide: 

Annual arithmetic mean 40 

24~hr maximum 182 

3-ht maximum 700 

Nitrogen dioxide: 

Annual anthmetk mean 50 

For any period other than .an annual period, the applicable maximum 

allowable increase may be exceeded during one such period 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 of this 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-hour average 

4 ~g/m' ofPM2.s 24-Mur avera2e 

Sulfur dioxide 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 per year or more of 

Orone volatile organic comJX)Unds or nitrogen 

oxides subject to PSD would require the 

performance of an ambient impact 

anaJygjs including the gathering of 

ambient air qualttv data. 

Lead O.lJ.lgim' 3-month averoue 

Fluorides 0,25 _ug/m 24-hour average 

~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 

air quality 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 of this Section 

is deemed to have been made if the 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: 

PM2 5, anoual arithmetic mean 0.06 

PM2•. 24~hr maximum 0.07 

c""' II 

Particulate matter: 

PM1 s, annual arithmetic mean 0.3 

I'M1.5, 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 of any 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. 

Muimum AOowable 

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 

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. 

AUTHORlTY NOTE: Promulgated in accordance with R.S. 

30:2054. 

HISTORICAL NOTE: Promulgated by the Department of 

Environmental Quality, Office of AJr Quality 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 

of Air 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 of AQ328ft. 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, contact Perry Theriot, at the address given above 

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

in the Galvez garage v.ith a validated parking ticket. 

1203#009 

Herman Robinson, CPM 

Executive Counsel 

NOTICE OF INTENT 

Office of the Governor 

Division of Administration 

Office of State 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 agency re esting a reverse auction s H provide: 

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 of state purchasing shall be co idered 

partmenl head of the using agency. 

Vendors shall register before the opening dat and 

ti e, and as part of the registration, shall agree to any I 

d conditions and other requirements of the solicitation. 

Louis/8118 Register Vol. 38, No. 03 Mareh 20, 2012 
Attachment B 
UNITED 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 5 2012 

Louisiana Department of Envirorunental Quality 

P.O. Box 4302 

Baton Rouge, LA 70821-4302 

RE: EPA Comments on Proposed AQ328ft- Proposed Revisions to the Louisiana Prevention 

of Significant Deterioration Program for PM25 Increments, Significant Impact Levels and 

Significant Monitoring 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 contained in AQ328ft. The 

proposed rulemaking revises the Louisiana Prevention of Significant Deterioration {PSD) 

program at LAC 33:Ill.509 to adopt and implement tile PSD requirements promulgated in the 

EPA's final rule "Prevention of Significant 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 of the proposed rule revisions and encourage you to continue with 

the rule making process to adopt and submit the proposed revisions. However, our enclosed 

comments identify additional items that must be addressed to fully implement the PM25 

increments as intended by EPA. Our comments also address the impact of the ongoing litigation 

challenging the EPA's authority to implement the PM2.s SILs and SMC for PSD purposes, in 

relation to your proposed adoption. 

We look forward to working with you in the upcoming year as you promulgate and implement 

these PSD revisions for PM2.S· Please note that our comments today do not constitute final 

determinations concerning approvability of the 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. If you have any questions about the 

implementation of the PM25 Increments/SILs/SMC, or about EPA's review of your proposed 

rulemaking, please feel free to contact me at 214-665-6435 or contact Ms. Adina Wiley of my 

staff at 214-665-2115. 

Enclosure 

cc: Mr. Bryan Johnston 

Louisiana Department of Environmental Quality 

Jeff Robinson 

Chief 

Air Permits Section 
l 

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 correct the 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 I 07(EI)(l)(D) er (E) efllle Cleaa Air Aet section 

I 07(d)(J )(A)(ii) or (iii) of the Act cannot intersect or be smaller than the area of impact 

of any 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 or modification will not cause or contribute to a violation 

of the increment. 

3. The proposed rules neglect to make the change to the last sentence of the paragraph at 

LAC 33:111.509(P)(5) "Class I Variances" that would be consistent with the change 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 

"particulate matter" in the last sentence ofthe paragraph (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 as promulgated by on October 20, 20!0 is currently subject to litigation, Sierra 

Club v. EPA, Case No. 10-1413 (D.C. Cir.). The outcome of this litigation could impact 

EPA's ability to approve these provisions into the LA PSD SIP in the future. 

Witl1 respect to the SILs, the EPA has come to recognize that the regulatory text it 

adopted in 40 CFR 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 of the S!Ls where their use would lead to a new violation of the NAAQS or 

increment Accordingly, we recently requested, in our April6. 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 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. 
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 5 Ll65(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 reaftirmed in our Apri16, 2012, Brief that we 

have the authority to promulgate and implement the SMC for the purposes of PM2.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 

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8 

IN RE: 

PM2.5 INCREMENTS, SIGNIFICANT IMPACT LEVELS 

AND SIGNIFICANT MONITORING CONCENTRATION 

9 LOG I: AQ32Bft 

10 

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17 

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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 

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~ 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 

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UAKiliATION 

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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 of Environmental ()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 of intent 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 if all 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 of this ruhl it: 

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 -1 
LDEQ-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 come up and sit at the front table end 

• begin by stating his or her name end 

5 affiliation for the reeord. 

6 The Air amendment is designated by 

7 the Log Number AQ328ft. 

e This action incorporates the 

i provisions of the Environmental 

10 Protection Agency's final rule into the 

11 Louisiana air quality regula1ions. It is 

12 enlitled "Prevention of SignifltBilt 

13 Deterioration for Paniculate maner less 

14 Than 2.S Mkrometers (PM2.5}-Increments, 

15 Signif~ta~~t lmpatt Levels end Significant 

16 Monitoring Concentration" (7S FR 64864, 

IN RE: PMl.S INCREMENTS, SICNIFICANT IMPACT LEVELS 

ANDSI(;NIFICANT MONITORING CONCENTRATION 

Page5 -- Page7 

1 areas. 

2 Louisiana has a S!P·approved PSD 

3 program. In the aforementioned rule. 

4 We an: establishing the final 

5 PM2.5 incn:rncnts as mmimum program 

6 elements for all Swe PSD prO!lflllll$. 

7 Accordingly, sl81es must submit for EPA's 

e approval revised SIPs that incorporate 

9 tbe fmal PM2.5 increments or alternative 

10 measures that can be demonstrated to 

11 EPA's satisfaction to provide an 

12 equ ivalC!ll level of protection as the 

13 PM2.5 increments. In aec:ordance with 

14 Section 166(b) of the Act, we are 

15 requiring states to submit revised 

16 implementation plans to EPA for approval 

17 Oc:wher 20, 20 10). The New Soun:e Review 17 within 21 month of promulgation, !hat is. 

18 (NSR) provisions of the Clean Air Act are 

li a combillalion of air quality planning and 

20 air pollution control technclogy program 

21 requirements for new and modified 

22 statiOtlaiY sources of air pollution. In 

23 brief; Section l 09 of the Clean Air Act 

24 requires EPA to promulgate primary 

25 National Ambient Air Quality Standards 

1 (NAAQS) to protect public health and 

2 secondary NAAQS to protect public 

3 welfare. Once EPA has set these 

I standards, states must develop, adopt. 

5 and submit to !he agency for approval 

6 State Implementation PIIII!S (SIPs) that 

1 contain emission limitation end other 

8 control measures to attain and mainlain 

9 the NAAQS end U! meet the other 

10 requirements of Section llO(a)ofthe 

11 Clean Air Act. 

12 Pan C ofTitle J of !he Clean Air 

13 Act eontains the requirements for a 

14 component of the major New Source Review 

15 program known as the Prevenlion of 

l6 Significant Deterioration (PSO} program. 

17 This program sets fottlt procedures for 

18 the precoii51JUCtion review end permitting 

u of new and modified major stationary 

20 ~urces of ait pollution located in areas 

21 meeting !he NAAQS ("anaillment" 

22 areas) end areas for which there is 

23 insufficient information to classify an 

•• area as either JUtainment or 

25 nonllllainment known as "uru:lassiliable" 

Pa&e5(1) 

18 by July 21), 2012. 

19 75 FR 64898 

20 Does anyone care to comment on lhis 

21 regulation1 

22 If not. the bearing on AQJ281! is 

23 close. 

24 Tlta.nk you for your allenlion and 

25 panicipation. 

PageS E~A This bearing is closed. 

2 TiiE HEARING CONCLUDED AT 1:35 P.M. 

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- Aasodated Ropor1erslne. 

(215) 116-ltllO 
LDEQ-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 of Loui,.iana. 

4 the otlict.:r. <IS ddincd in Ruk 28 of the 

s Feckral Rules of Ci\·il Procedure andior 

6 i\rtick 143-l(b) of the 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.! of this 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 of this transcript; 

19 That any \\.:ord-.; andior names which could 

20 not be veri lied through reference material 

21 ha\'c het:n denoted with the phrase 

22 "(inaudihlc)." 

23 

24 

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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 of 4 

AQ328ft* 

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

LAC 33:111.509 

COMMENT 

RESPONSE 

COMMENT 

RESPONSE 

Log Number AQ328ft 

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) of tt:te Clean Air Mt section 107(d)(1 )(A)(ii) or 

(iii) of the Act cannot intersect or be smaller than the 

area of impact of any 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 Impact Analysis" at LAC 33:111.509(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 33:111.509(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 of the 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 of the paragraph at LAC 33:111.509(P)(5) "Class I 

Variances" that would be consistent with the change made at 40 

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 of the 

paragraph (p)(5) introductory text and adding in their place "PM2 5, 

PM to". 

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 of this 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 of the SILs where their use would lead to a new 

violation of the NAAQS or increment. Accordingly, we recently 

requested, in our April 6, 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 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, Brief that 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 of the 

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 regulation 
Page4 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 of Environmental Quality 

Office of the Secretary 

Legal Division 

:slotice of Public Hearing 

Substantive Changes to Proposed Rule AQ328ft 

AQ328ft 

PM2s Increments, Significant Impact Levels and Significant Monitoring Concentration 

(LAC 33:III.509) (Log #AQ328ftS) 

(1209Potl) 

Under the authority of the Environmental Quality Act, R.S. 30:200 I et seq., and in 

accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., the 

secretary gives notice that the department is seeking to incorporate substantive changes to the 

proposes amendments to various regulations, LAC 33:lii.509 (Log #AQ328ftS), which were 

originally notice as AQ328ft in the March 20, 2012 issue of the Louisiana Register. 

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 LAC33:III.509.K.2. 

EPA's authority to implement the PM2.s SILS is presently the subject of litigation. In light of this 

litigation, LDEQ will not adopt LAC 33:II1.509.K.2 as proposed. This language will be stricken 

from the proposed rule. Because of the removal of Paragraph K.2, all references will also be 

revised. In addition, the department seeks to change the defmitions of "Baseline Area" and 

"Baseline Date" to reflect the changes made by EPA as published at 75 FR 64903. 

A strikeout/underline/shaded version of the proposed rule that distinguishes original 

proposed language from substantively changed language is available on the Internet at 

Vlww.deq.louisiana.gov under Rules and Regulations. 

A public hearing on the substantive changes will be held on October 31, 2012, at I :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 Deidra Johnson at the address given below or at (225) 219-3985. Two hours of free 

parking are allowed in the Galvez Garage with a validated parking ticket. 

All interested persons are invited to submit written comments on the substantive changes. 

Persons commenting should reference this proposed regulation by OS083S. Such comments must 

be received no later than October 31, 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 FAX (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 of these 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.deg.louisiana.gov/oortal/tabid/1669/default.aspx. 
FINAL RULE 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 of Technical 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 
FINAL RULE with Substantive Changes AQ328ft 

Title 33 

ENVIRONMENTAL QUALITY 

Part III. Air 

Chapter 5. Permit Procedures 

§509. Prevention of Significant Deterioration 

A.-A.5 .... 

B. Definitions. For the purpose of this Section, the tenns below shall have the meaning 

specified herein as follows. 

• •• 

Baseline Arecr--

a. any intrastate area (and every part thereof) designated as attainment or 

unclassifiable under Section 107(d)(l)(I>~ er (E~(A)(ii) or (iii) of the Clean Air Act 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 I jjog/FR• \aBIUI&i ft'lel'ftge~the following 

amounts of the 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) of the 

Clean Air Act cannot intersect or be smaller than the area of impact of any major stationary source 

or major modification that: 

b.i. -c. 

• •• 

Baseline Datea. Major Source Baseline Datei. in the case of particulate matter (PM10) and sulfur dioxide, January 6, 

!975;-MEI 

11. in the case of nitrogen dioxide, February 8, 1988~; and 

111. in the case ofPM, 5, October 20.2011. 

3 
FINAL RULE with Substantive Changes AQ328ft 

b. Minor Source Baseline Date-the earliest date after the trigger date on 

which a major stationary source or a major modification subject to this Section submits a complete 

application under the relevant regulations. The trigger date is: 

i. in the case of particulate matter (PM10) and sulfur dioxide, August 7, 

1977;-eOO 

ii. in the case of nitrogen dioxide, February 8, 198&,; and 

iii. in the case ofPMa.io October 20, 20 II. 

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)(iD(Dj er (B)(A)(ii) or 

(iii) of the Clean Air Act for the pollutant on the date of its 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 

PM10, 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 

PM10, annual arithmetic mean 17 

PM10, 24-hr maximum 30 

Sulfur dioxide: 

Annual arithmetic mean 20 

24-hr maximum 91 

3-hr maximum 512 

Nitrogen dioxide: 

Annual arithmetic mean 25 

Class ill 

Particulate matter: 

PMll• annual arithmetic mean ~ 

PM2l· 24-hr maximum il 

PM 10, annual arithmetic mean 34 

PM to, 24-hr maximum 60 

Sulfur dioxide: 

Annual arithmetic mean 40 

24-hr maximum 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 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 of Subsection M of this 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 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-hour average 

4 ug/mo ofPM,.s 24-hour average 

5 
FINAL RULE with Substantive Changes AQ328ft 

Sulfur dioxide ~m3 24-hour average 

No de minimis air quality level is provided 

for ozone. However, any net increase of I 00 

tons per year or more of volatile organic 

Ozone compounds or nitrogen oxides subject to 

PSD would require the performance of an 

ambient impact analysis including the 

gathering of ambient 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' !-hour average 

Hydrogen sulfide 0.2 )lg/m3 !-hour average 

Reduced sulfur 10 !-!g/m3 !-hour average compounds 

1.5.b .• 1.7 .... 

8. The permitting requirements of P!IF!lg£11f!R K.<lSubparagraph K.I .b of 

this Section shall not apply to a stationary source or modification with respect to any maximum 

allowable increase for nitrogen oxides if the owner or operator of the source or modification 

submitted an application for a permit 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 ofPamgmpll K.<lSubparagraph K.l.b of 

this Section shall not apply to a stationary source or modification with respect to any maximum 

allowable increase for PM10 if: 

a. 

b. the permitting authority subsequently determined that the 

application as submitted before that date was complete. Instead, the applicable requirements 

equivalent toP~ K.<lSubparagraph K.l.b of this 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 Impact Analysis, 

l. 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 all other applicable emissions increases or reductions, including secondary 

emissions, would not cause or contribute to air pollution in violation of: 

6 
FINAL RULE 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 if the 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 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 of any 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 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, 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 

PM10, annual arithmetic mean 

7 

Maximum Allowable Increase 

(Microe:rams per Cnbic Meter) 

± 

2. 

17 
FINAL RULE with Substantive Changes AQ328ft 

Pollutant Maximum Allowable Increase 

iMieTOI!:rams per Cubic Meter) 

PM to, 24-hr maximum 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 .... 

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

HISTORICAL J';OTE: Promulgated by the Department of Environmental Quality, Office 

of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended 

LR 14:348 (June 1988), LR 16:613 (July 1990), amended by the Office of Air 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 by the Office of Environmental 

Assessment, Environmental Planning Division, LR 26:2447 (November 2000), LR 27:2234 

(December 200 l ), 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 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 of Agriculture 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 examinations may 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 may be direcied to (225) 952-8 0. 

120 96 

Mike Strain, DVM 

Commissioner 

POTPOURRI 

Department of Environmental Quality 

Office of the 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 

of the 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 of the 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 of litigation. In light of thts litigation, LDEQ will not 

adopt LAC 33:l!L509.K.2 as proposed. This language 'Will 

be stricken from the proposed Rule. Because of the 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 

by EPA as published at 75 FR 64903. 

A strikeout/underline/shaded version of the 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,; of free parking are allov.-ed in the Galvez Garage 

'With a validated parking ticket. 

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 3 J, 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 of these 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 of Natural Resources 

Office of Coastal Managemen 

Inte ency Affairs!Field Senice 'vision 

I Financial Ass· ance--Awards for 

Consistency with 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 of that 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 September 20, 2012 
Attachment D 
Oct 30 2012 1:15PM 

Ms. Deidra Johnson 

HP LASERJET FA>< 912145752376 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGIONS 

1445 ROSS AVENUE, SUITE 1200 

DALLAS TX 75202-2733 

OCT 3 0 2012 

Attorney Supervisor, Legal Division 

Louisiana Department of Environmental Quality 

P.O. Box 4302 

Baton Rouge, LA 70821-4302 

RE: U.S. Environmental Protection Agency (EPA) Comments on Substantive Changes to 

Proposed AQ328ft- OS083S 

Dear Ms. Johnson: 

Thank you for the opportunity to further review aod provide conunents on the substantive 

revisions to the Louisiana Air Code (LAC), Title 33, Part ill, Chapter 5, Section 509 contained 

in AQ328ft. EPA had previouSly reviewed the proposed AQ328ft and provided comments on 

April25, 2012. As a result of comment, Louisiana Department ofEnvironrnenlal Quality 

(LDEQ) substantively revised the proposed regulations in AQ328ft and is now providing 

additional opportunity for review and comment The initial proposed AQ328ft and the 

substantive revisions contained in OS083S revise the Louisiana Prevention of Significant 

Deterioration (PSD) program at LAC 33:ill.509 to adopt and implement the PSD requirements 

promulgated in the EPA's final rule "Prevention of Significant Deterioration (PSD) for 

Particulate Matter Less than 2.5 Micrometers (PM2.s)- Increments, Significant Impact Levels 

(SILs), and Significant Monitoring Concentration (SMC)" published on October 20, 20 I 0 (see 

75 Federal Register (FR) 64864). 

p.2 

We are supportive of the 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 OS083S, October 2012 proposal adequately address EPA's concerns 

idcnti fied in our April 25, 20 12, comment letter. 

We look forward to working with you in the upcoming year as you promulgate and implement 

these PSD revisions for PM2.s. Please note that our comments today do not c<mstitute tmal 

determinations concerning approvahility of the revisions to the Louisiana State Implementation 

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 Frvo 
Oct 30 2012 1:15PM HP LASERJET FA>< 912145752376 

2 

We appreciate the timely efforts by LDEQ to update the PSD program and your willingness to 

consul! EPA Region 6 throughout this process. If you have any questions about the 

implementation of the PMu Increnu:nWSILs/SMC, or about EPA's review of your proposed 

rulemaking, please feel free to contact me 'at {214) 665-643 S ot contact Ms. Adina Wiley of my 

staff at (214) 665-2ll5. 

cc: Mr. Bryan Johnston 

~-<=6if.- Jeff Robinson 

Chief 

Air Permits Section 

Louisiana Department of Environmental Quality 

p.3 
LDEQ-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 

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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 

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11 

12 

13 

' 14 

15 

:16 

'17 

18 

19 

20 

21 

22 

23 

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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 ! 

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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 of Environmental <)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 of this pui"dic 

hearing is to a lim' 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 - 4 
LDEQ-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 3 I. 2012. It would be helpful to 

7 us if all 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 of proposed 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 of litigation. In light of this 

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 of the 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: 

If not. 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 

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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 of Louisiana. 

4 the officer. as defined in Rule 28 of the 

5 Federal Rules of Civil Procedure and/or 

6 Aniclc 1434(b) of the 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 of this 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 of this 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 of 2 

A0328ft' 

PM2.5 Increments, Significant Impact Levels and Significant Monitoring Concentration 

LAC 33:111.509 

COMMENT 

RESPONSE 

Log Number AQ328ft 

1: We are supportive of the 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 regulation 
Page 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 
FINAL RULE with Substantive Amendments AQ328ft 

Title 33 

ENVIRONMENTAL QUALITY 

Part III. Air 

Chapter 5. Permit Procedures 

§509. Prevention of Significant Deterioration 

A. -A.5 .... 

B. Definitions. For the purpose of this Section, the terms below shall have the meaning 

specified herein as follows. 

• •• 

Baseline Area--

a. any intrastate area (and every part thereof) designated as attainment or 

unclassifiable under Section 107(d)(l)(D~ eF (E~(A)(ii) or (iii) of the Clean Air Act 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 I l!!!}im" (W!HIIal a'lefllge~the following 

amounts of the pollutant for which the minor source baseline date is established: I ug/m3 (annual 

average) for SO,. NO,. or PM10; 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) of the 

Clean Air Act cannot intersect or be smaller than the area of impact of any major stationary source 

or major modification that: 

b.i. - c. 

• •• 

Baseline Datea. Major Source Baseline Datei. in tbe case of particulate matter (PM10) and sulfur dioxide, January 6, 

1975;-aati 

ii. in the case of nitrogen dioxide, February 8, 1988"; and 

iii. in tbe case of PM, 5• October 20. 20 II. 

l 
FINAL RULE with Substantive Amendments AQ328ft 

b. Minor Source Baseline Date-the earliest date after the trigger date on 

which a major stationary source or a major modification subject to this Section submits a complete 

application under the relevant regulations. The trigger date is: 

i. in the case of particulate matter (PM10) and sulfur dioxide, August 7, 

1977;-BII4 

ii. in the case of nitrogen dioxide, February 8, 1988,.; and 

iii. in the case of PM2 l· October 20, 20 I I. 

c. The baseline dale 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 

C{lnstruct is designated as attainment or unclassifiable under Section 107(d)(41)~ er (E)(A)(ii) or 

(iii) of the Clean Air Act for the pollutant on the date of its 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 l!I, increases in 

pollutant concentration over the baseline concentration shall be limited to the following. 

Maximum Allowable 

Pollutant Inerease (Micrograms . per Cubic Meted 

Class I 

Particulate matter: 

PM~ l• annual arithmetic mean 1 

PM;u, 24-hr maximum 1 

PM10, annual arithmetic mean 4 

PM10, 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 

2 
FINAL RULE witb Substantive Amendments 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 

PM10, 24-hr maximum 30 

Sulfur dioxide: 

Annual arithmetic mean 20 

24-hr maximum 91 

3-hr maximum 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-hr maximum 700 

Nitrogen dioxide: 

Annual arithmetic mean 50 1 For any period other than an annual period, the 

applicable maximum allowable increase may be 

exceeded during one such 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 of this Section, with respe~1 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 following amounts: 

I Carbon monoxide 575 ~tg/m3 8-hour average -

gen dioxide 14 11glm3 annual average l Particulate matter 

10 llg!m, ofPMw 24-hour average 

4 u·.,/m3 of PM,, 24-hour avera!!e 

3 
FINAL RULE with Substantive Amendments 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 I 00 

tons per year or more of volatile organic 

Ozone compounds or nitrogen oxides subject to 

PSD would require the performance of an 

ambient impact analysis including the 

gathering of ambient air quality 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/m3 1-hour average 

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

1.5.b. -I. 7 .... 

8. The permitting requirements of Pafagrfiilh 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 if the owner or operator of the source or modification 

submitted an application for a permit 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 of Pal'agt'lljlft 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 PMw if: 

a. 

b. the permitting authority subsequently determined that the 

application as submitted before that date was complete. Instead, the applicable requirements 

equivalent to PamgFajlh K.2Subparagraph K. I.b of this 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. Source Impact Analysis~ 

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 all other applicable emissions increases or reductions, including secondary 

emissions, would not cause or contribute to air pollution in violation of: 

4 
FINAL RULE with Substantive Amendments 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. SigBifieaat Imf)aet Le\<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 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 would have no adverse impact on the air quality-related values of any 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 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, pru4ie!!late matterPM, >• PM10, and 

nitrogen oxides would not exceed the following maximum allowable increases over minor source 

baseline concentration for such pollutants. 

Pollutaot 

Particulate matter: 

PM2 ;. annual arithmetic mean 

PM2 5, 24-hr maximum 

PM10, annual arithmetic mean 

5 

Maximum Allowable Increase 

(MiC1'0flrams per Cubic Meter) 

i 

2 

17 
FINAL RULE with Substantive Amendments AQ328ft 

Pollutant Maximum Allowable Increase 

(Micrograms per Cubic Meter) 

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 .... 

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

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office 

of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended 

LR 14:348 (June 1988), LR 16:613 (July 1990), amended by the Office of Air Quality and 

Radiation Protection,AirQualityDivision, 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 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 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 

Department of Environmental Quality 

Office of the 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 

of the Administrative Procedure Act, 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, 20 lO) 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 of the CM requires 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) of the CAA. 

Part C of Title I of the CAA contains the requirements for 

a component of the major NSR program known as the PSD 

program. This program set> U.:th procedures for . the 

preconstruction review and permtttmg of new 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!'ler 5. Permit Procedures 

§509. Prevention of Signiilcanl Deterioration 

A. -A.5. ... 

B. Definitions. For the purpose of this Section, the terms 

below shall have the meaning specified herein as follows. 

••• 

Baseline Arecr---

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 Act in which the 

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 of the 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) of the Clean Air Act carmot intersect 

or be smaller than the area of impact of any major stationary 

source or major modification that: 

b.i. -c. 

••• 

Baseline Date---

a. Major Source Baseline Date-~ 

i. in the case of particulate matter (PMw) and 

sulfur dioxide, January 6, 1975; 

iL in the case of nitrogen dioxide, February 8, 

l988;and 

iii. in the case of PM25, October 20, 20 II. 

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 CPR 51.166; and 

c.ii. ~ d. 

••• 

Louisiana Register Vol. 38, No_ 12 December 20, 2012 
C. Ambient Air Increments. In areas designated as Class 

I, H~ or III, increases in pollutant concentration over the 

baseline concentration shall be limited to the following. 

Maximum Allowable loen'••e 

Pollutant (Micmgrama per CubitMeter\' 

Claul 

Particulate matter: 

PYh,1, annual arithme1ic mean I 

PM2.), 24-hr maximum 

PMw, annual arithmetic menn 4 ' 

P!lvh:, 24-hr maximum 8 

Sulfur dioxide: 

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 

PM10, annual arithmetic mean 17 

PM1o. 24-hr maximum 30 

Sulfur dioxide: 

Annual arithmetic mean 20 

24-hr maximum 91 

3-llf maximum 5!2 

Nitrogen dioxide: 

Annual arithmetic mean 25 

C!au III 

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 

Sulfur dioxide; 

Annual arithmetic mean 40 

24-hr maximum 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 one such 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 of this 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 

Particulate matler lO jtg/m~ ofPMw 24~hour average 

41l~m ofPMH 24·hour average 

Sulfur dioxide 13 J,tg/fll 24·hour average 

No de minimis air quality levd is 

provided fur ozone. However, any oct 

increase oflOO tons per year or more of 

Ozone volatile organic compounds or nitrogett 

oxides subject to PSD would require the 

performance of an ambient impact 

analysis including the gathering of 

ambient air quality data. 

Louisiana Register Vol. 38, No. 12 December 20, 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 ·hour averaue 

Reduced sulfur compounds 10 ,ug!m· l·hour avera2t 

1.5.b.- 1.7. 

8. The permitting requirements of Subparagraph 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 if the owner or operator of the 

source or modification submitted an application for a permit 

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 of Subparagraph 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 PM to 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 of this 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 Impact Analysis 

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 

air quality control 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 of any 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-xi mum 9 

PMw. annual arithmetic mean 17 

PMw, 24-hr maximum 30 

Sulfur dioxide: 

Annual arithmetic mean 20 

24~hr maximum 91 

3-hr maximum 325 

Nitrogen dioxide: 

Annual arithmeti~ mean 25 

P.6. - AA.I5.b. 

AliTHORlTY NOTE: Promulgated in accordance with R.S. 

30:2054. 

HISTORICAL NOTE: Promulgated by tile Department of 

Environmental Quality, Office of Air 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 the Office 

of Air 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 or tbe Governor 

Boar of Examiners for New Orleans and Baton 

amsbip Pilots for tbe Mississippi Riv 

Pilot Recen ·Requirements and Continu · Education 

(LAC 4 ' XX.Chapters 61, 62, 63 and 64) 

In accordance with e Adrninistrati Procedure Act, 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 of Examiners for the New Orleans a 

Baton Rouge Steamship Pilots 

Cbapte 61. General Provisions 

§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 December 20, 2012