Louisiana Revisions to LAC 33:III.501, 504 and 509 

submitted to EPA July 25, 1997 (LA-43) with the Louisiana 

1996 General Rules Update 

This document contains only the Louisiana Revisions to 

LAC 33:III.501, 504 and 509 submitted to EPA July 25, 

1997 (LA-43) with the Louisiana 1996 General Rules 

Update. The entire submittal is available at: 

LA021.03 Louisiana 1996 General Rules Updates, LAC 33:I, Chapter 5, and LAC 33:III, 

Chapters 1, 2, 5, 7, 9, 11, 13, 21, 23, 25, 65; Submitted to EPA July 25, 1997 (LA-43). 809 

pages 38.5 MB r35

Document ID: EPA-R06-OAR-2007-0924-0003 
M. J. "MIKE" FOSTER, JR.

GOVERNOR

July 25, 1997

~tni£ of 1fiouisinnn

OFFICE OF THE GOVERNOR

~ttton ~OUB.e

70804-9004

POST OFFICE BOX 94004

(504) 342-7015

Mr. Jerry Clifford, Acting Administrator

u. S. EPA, Region 6

1445 Ross Avenue, Suite 1200

Dallas, TX 75202

Dear Mr. Clifford:

The state of Louisiana has approved and is submitting the 1996 General State Implementation

Plan (SIP) Revision to incorporate regulations for approval and inclusion in the SIP. Also

enclosed is a diskette with the final rules as published in the Louisiana Register.

Documentation includes public notice, public hearing, and comment period for this SIP

submittal. Supporting documentation of each rule change was submitted under separate cover.

If you have any questions or need any further information, please contact the Air Quality Staff

through Gus Von Bodungen at (504) 765-0102.

Sincerely,

~"Foster, Jr.

cjr

Enlosures (5)

c: Mr. Thomas Diggs, EPA Region 6
-illlllilillt---~__mRm•••l_"7.".=="
TABLE OF CONTENTS

INTRODUCTION 1

Authority 1

Purpose 1

Applicability : 1

EVIDENCE OF COMPLETION 2

SUMMARIES OF RULE REVISIONS (BY CHAPTER) 6

APPENDIX A:

APPENDIX B:

FINAL REVISED REGULATIONS

CHAPTERS 1, 7, 11, 13, & 25

Summaries A-1

AQ 83 A-7

AQ125 A-27

AQ125 Supplement A-44

AQ142 '.' A-56

OS 14 A-71

FINAL REVISED REGULATIONS

CHAPTERS 65 & 2

Summaries B-1

9/88 B-3

10/93 B-14

AQ 59 B-15

AQ 76 B- 35

AQ 98 B-54

AQ 98 Supplement B-161

AQ 1a1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B- 16 3

AQ101 Supplement B-179

AQ122 B-198

OS 20 B-219

SIPMAP Summaries B-235
APPENDIX C:

APPENDIX D:

APPENDIX E:

APPENDIX F

TABLE OF CONTENTS

(Continued)

FINAL REVISED REGULATIONS

CHAPTER 5

Summary C-1

AQ 37 C- 2

AQ127 C-16

AQ136 C-3 7

OS 14 C-53

OS 14 Supplemen~ C-84

FINAL REVISED REGULATIONS

CHAPTER 9

Summary D-1

AQ 60 D- 2

AQ 74 D- 44

AQ 74 Supplement ....•......................D-77

AQ121 D-80

AQ136 D- 8 9

OS 15 D-109

FINAL REVISED REGULATIONS

CHAPTER 21 & 23

Summary E-1

AQ 61 E- 5

AQ 61 Supplement E-66

AQ 72 E- 68

AQ 79 E- 83

AQ103 E-100

AQ109 E -11 7

AQ111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E - 12 7

AQ113 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E - 14 4

AQ130 ; E -155

AQ131 E-163

AQ136 E - 174

AQ13 7 E -191

AQ138 E-218

AQ14 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E - 2 4 0

SIP PUBLIC PARTICIPATION AND NOTIFICATION F-1
INTRODUCTION

AUTHORITY

This state implementation plan (SIP) submittal incorporates

revisions made to LAC 33:III.Chapters I, 2 (previously 65), 5, 7,

9, II, 13, 21, 23, and 25. These revisions were made in accordance

with revisions to 40 CFR Part 52 and authorized by the Clean Air

Act.

PURPOSE

The regulations revised in LAC 33:111. Chapters I, 2

(previously 65), 5, 7, 9, II, 13, 21, 23, and 25 incorporates

changes which had not yet been sent to EPA for approval and

inclusion in Louisiana's state implementation plan (SIP) . Chapter

65 incorporates revisions made prior to moving the regulations to

Chapter 2 of the Louisiana Administrative Code (LAC). This

revision brings Louisiana's state implementation plan (SIP) current

through December 20, 1996. The changes will also correct

references used in the LAC and clarify the meaning of certain text.

The revision on May 20, 1996, LAC 33:III.509.B.Subpart 2, changed

the Baseline Area Table to reflect the approved redesignation to

attainment status of Beauregard, Bossier, Caddo, Grant, Jefferson,

Lafayette, Lafourche, Orleans, St. Bernard, St. Charles, St. James,

and St. Mary Parishes.

APPLICABILITY

Applicability information is provided in the individual

Chapter Summary Sheets, pages 6-18 of this submittal.

The regulations revised on May 20, 1991, at LAC 33:111.509,

apply to the entire state of Louisiana. The regulations revised on

May 20, 1996, at LAC 33:111.509, identify the designated

nonattainment areas for ozone as Ascension, Calcasieu, East Baton

Rouge, Iberville, Livingston, Pointe Coupee, and West Baton Rouge

Parishes. Both of these regulations will apply to the Prevention

of Significant Deterioration (PSD).

01
APPENDIX C

Chapter 5
Part ill

Chapter 5

SII1DD1llIY

Air

LR. 17: 478;05/91 (AQ 37) Permit Procedures

LR. 21: 1331;12/95(AQI27)

LR. 22: 339;05/96 (AQ 136)

LR. 22: 342;05/96 (OS 14)

LOUISIANA STATE IMPLEMENTATION PLAN REVISION

40 CFR 52; Subpart T -- LAC 33:ill.Chapter 5

The last four columns are shaded gray becaU8C the regulation WBB never fonna1ly submitted to the EPA for incluaion in the Louisiana SIP and is therefore not federally enforceable. The date of submission will be entered when the final copy of this

SIP is fonnally submitted to EPA. If the entire line is shaded gray, the regulation is being deleted in its entirety.
RULE

Under the aut ority of the Lou iana Environmental

Quality Act, R.S. 30: 001 et seq., and in ccordance with the

provisions of the ministrative Procedur Act, R.S. 49:950

et seq., the secre ry has amended the Lo 'siana Hazardous

Waste Regulatio s, LAC 33:V,Subpart 1 (H 27).

These r ulations will revise existing s te regulations

to maintain nsistency with current federa regulations,

These regul ions contain provisions for delay 0 closure period for haz dous waste management facilities, m' ing waste

exclusion, and testing and monitoring activities. S e Federal

Register pUblished August 14, 1989, 54 FR 333 ,#155;

Septe er 1, 1989, 54 FR 36592, #169; Septem er 29,

1989, 4 FR 40260, #188; and January 4,1989,54 246,

#02.

Copies of this rule are -available at the Departme t of

E ironmental Quality, 7290 Bluebonnet Boulevard, Fa h

Department of Environmental Quality

Office of Air Quality and Radiation Protection

Air Quality Division

der the authority of the Louisiana Environ ental

Quality A t, R.S, 30:2001 et seq" and in accordance th the

provisions f the Administrative Procedure Act, R.S 49:950

et seq., the ecretary has amended the Louisiana r Quality

Regulations, C 33:111.3153 (AQ17).

These gulations define the standards f r operation

and emissions f steam generating facilities u d by industrial, commercia and institutional groups. Se Federal Register published D cember 16, 1987, 52 FR 4 842, #241,

Copies of th rule are available at t e Department of

Environmental Qua y, 7290 Bluebonnet oulevard, Fourth

Floor, Baton Rouge, ,70810 or at the Office of the State

Register, 900 Riversid North, Capitol nnex Building, Fifth

Floor, Baton Rouge, LA, 70804.

P I Temple

Se etary

AUTHORITY NOTE: Promulgated in accordance with •

R.S. ~0:2054.

HISTORICAL NOTE: Promulgated by the Department

of Environll)ental Quality, Office of Air Quality and Radiation

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

amended LR 17: (May 1991).

Paul Templet

Secretary

that would be constructed in an area designated as attainment or unclassifiable as specified in LAC 33:1I1.509.B

"Baseline Area,"

J. Review of Major Stationary Sources and Major Modifications Applicability and Exemptions.

E. Ambient Air Ceilings. No concentration of a pollutant shall exceed:

1. The concentration permitted under the secondary

ambient air quality standard (Table 1a-Chapter 7); or

RULE

Department of Environmental Quality

Office of Air Quality and Radiation Protection

Air Quality Division

Under the authority of the Louisiana 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 Louisiana Air Quality

Regulations, LAC 33:IIJ.Chapter 5 (AQ37).

The regulations will correct citations in the LAC that

were in use prior to the recodification of the Revised Statutes. Jhese changes will also correct references used in the

LAC and will clarify the meaning of certain text.

Title 33

ENVIRONMENTAL QUALITY

Part III. Air

Chapter 5. Permit Procedures

§501. Authority

Pursuant to the provisions of R.S. 30:2054 concerning

the administrative alJthority's power to develop facts consistent with the purposes of the Louisiana Environmental Quality

Act, R.S. 30:2001 et seq.

AUTHORITY NOTE: Promulgated in accordance with

R.S. 30:2054.

HISIDRICAL NOTE: Promulgated by the Department

of Environmental Quality, Office of Air Quality and Radiation

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

amended LR 17: (May 1991).

§509. Prevention of Significant Deterioration

3. The requirements of LAC 33:1I1.509.J through R apply only to any major stationary source or major modification

ufacture, mixing, storage, use, or application of cutback p -

ing asphalt where:

a. long life (greater than one month) stockpil

is necessary;

AUTH

'". RITY NOTE: Promulgated'

R.S. 30:2Q54.

. HISTORIC NOTE: Promul ted by the Department

of Environmental Q ity, .Office f Air Quality and Nuclear

Energy, Air Quality Divi 'oni R 13:741 (December 1987),

amended LR 16:116 (Febr ry ~O), amended by the Office

of Air Quality and Rad' ion rotection in LR 17:360 (April

1991), repromulgate R 17:

Lowsiana Register Vol 17, NO.5 May 20, 1991 478
John R. Rombach

Legislative Fiscal Officer

Ftscat- and Economlc'lmpact Statement: •

For Administrative Rules

Rule tie: LAC 33:111.6103, Quality Test Procedures

Conti ous Emission Monitors (CEMs) in Station

Sources •

NOTICE OF INTENT

Department of Environmental Quality

Office of Air Quality and Radiation Protection

Under the authority of the Louisiana Environmental

Quality LA R.S. 30:2001. et seq., particularly LA R.S.

30:2054, and in accordance with the provisions of the Administrative Procedure Act, LA R.S. 49:950. et seq., the secretary gives notice that rulemaking procedures have been

initiated to amend the Air Quality Regulations, LAC 33:111.

Chapter 5, (Log Number AQ37).

These proposed regulations will correct citations in

the LAC that were in use prior to the recodification of the

Revised Statutes. These changes will also correct references

used in the LAC and will clarify the meaning of certain text.

These proposed regulations are to become effective

on May 20. 1991, or as soon thereafter as practical upon

publication in the Louisiana Register.

A public hearing will be held on March 28, 1991, at

1:30 p.m. in the Mineral Board Hearing Room, State land

and Natural Resources Building, 625 North 4th Street, Baton

Rouge, LA. Interested persons are invited to attend and subI. ESTIMAT IMPLEMENTATION COSTS (SAV GS) 10

. STATE OR L: AL<GOVERNMENli'L' UNITS': 'um'mary)

There is n significant impact in cost, savings. to

state or local g ernment units. .

II. ESTIMATED EFF T ON REVENUE CO LECTIONS OF

STATE OR LOCAL OVERNMENTAL ITS (Summary)

There is no signifl nt impact to s e or local government unit revenue coli ions.

III. ESTIMATED COSTS A ')/OR E NOMIC BENEFITS

TO DIRECTLY AFFEC ED RSONS OR NONGOVERNMENTAL GROUP ( mmary) ,../,. ".

The suppliers of continuo air monitorsriormally install and initially test the e ip ent to the standards to

ensure the units are proper ope ting. This is part of the

cost of the equipment su lied. Tit costs_~o¢fectedper·

sons and non-goVem . - nta/group would' 'be;'8pproxi.

mately $2.500 per co racted perform a-Of the testing

procedure to retest t units after install ion; T!lEl.c~st is

already reqUired the Code of Federal ulatiOnS; 40

CFR 61; Appen ." B/ SpeCification '1, ... wIllch ~is proposed rule sdeveJoped: --. - ... -,~~ -~, .f":....'

The benefi 0 affected persons and non-gov nmental

groups woul be more reliable monitoring equip ent for

plant decis' ns and control and monitoring of effl nts.

IV. ESTIMAT 0 EFFECT ON COMPETITION AND M·

PLOYM NT (Summary)

Th e is no significant impact on competition or e

ploy ent from this rule.

Mike . McDaniel, Ph.D.

Ass' tant Secretary

John R. Rombach

Legislative Fiscal Officer .. . >~:-' -~' .

NOTICE OF INTENT

STIMATED EFFECT ON COMPETITION AND EMOYMENT (Summary)

There would be no effect on competition and employm t.

ent of Environmental Quality

Quality and Rad/atlon Prote Ion

Under the a thority of the Louisiana vironmental

Quality Act, LA R.S 30:2001, et seq., partie arty LA R.S.

30:2054. and in acco ance with the provisio of the Administrative Procedure , LA R.S. 49:950, et eq., the secretary gives notice that rulemaking proce res have been

initiated to amend t Air Quality R gulations, LAC

33:111.6103, (Log Numbe ~)',:":r';o"~ .

- These amendmen will"eStab\iSh e criteria and procedure for ensuring contin us emissio monitors and to assure that the systems s pporting hem are operating

properly. See Federal Regist r publis ad March 30. 1983, 48

FR 13327, number 62.

These proposed regul ions are to become effective

on May 20, 1991, or as soon th reafter as practical upon

publication in the Louisiana Re iter.

A public hearing will be eld on March 28, 1991, at

1:30 p.m. in the Mineral Boar earing Room, State Land

and Natural Resources Buildi ,6 5 North 4th Street, Baton

Rouge, LA. Interested perso are vited to attend and submit oral comments on the p posed mendments.

All interested perso s are in ited to submit written

comments on the propo ed regulat ns. Such comments

should be submitted no ter than Mo day, April 1, 1991, at

4:30 p.m., to David H hes, Enforce ent and Regulatory

Compliance Division, x 44066, Baton ouge, LA, 70804 or

to 333 Laurel Street, th floor, Suite 620, Baton Rouge, LA,

70801. Commentors hould reference thi proposed regulation by the Log Nu er AQ30. Copies of t proposed regulations are also ailable for inspection t the following

locations from 8 m. until 4:30 p.m.

Departm t of Environmental Quali , Commerce

Building, 6th oor, 333 Laurel Street, Suit 620, Baton

Rouge, LA 70 1

Depart ent of Environmental Quality, 804 31st Street,

Monroe, LA 1203

Dep ment of Environmental Quality, St te Office

Building, 25 Fairfield Avenue, Shreveport, LA 71 01

o artment of Environmental Quality, 11 0 Ryan

Street, ke Charles, LA 70601

epartment of Environmental Quality, 2945 No

Road West. Metairie, LA 70002

Department of Environmental Quality, 100

. Lafayette, LA 70505

J. Terry Ryder

Assistant Secretary

Carol H. Guidry

Assf" Co missioner of

Managem nt and Finance

/

223 LourSlana RegIster YOL 17. No 2 February 20. 1991
§509. Prevention of Significant Deterioration

John R. Rombach

Legislative Fiscal Officer

NOTICE OF INTENT

Mike D. McDaniel, Ph.D.

Assistant Secretary

lations are to become effective

on thereafter as practical upon

publication in the Louisi a egister.

A public hearin will ti held on March 28, 1991, at

1:30 p.m. in the Min ral Boar Hearing Room, State Land

and Natural Resour s Building, 25 North 4th Street, Baton

Rouge. LA. Interes d persons ar invited to attend and submit oral commen on the propose amendments.

All inter ted persons are in ited to submit written

comments on the proposed regulat, ns. Such comments

should be s mitted no later than Mon ay, April 1, 1991, at

4:30 p.m., 0 David Hughes, Enforcem nt and Regulatory

Complian e Division, Box 44066, Baton R uge, LA, 70804 or

to 333 urel Street, 6th floor, Suite 620, aton Rouge, LA

70801. ommentors should reference this p oposed regulation b the Log Number AQ17. Copies of the oposed regulatio s are also available for inspection at e following

10 tions from 8 a.m. until 4:30 p.m.

Department of Environmental Quality,

uilding, 6th Floor, 333 Laurel Street, Suite

Rouge, LA 70801

Department of Environmental Quality, 804 31 st

Monroe, LA 71203

Department of Environmental Qualit

ice of Air Quality and Radiation Prot ction

Un er the authority of the Louisiana nvironmental

Quality Ac LA R.S. 30:2001, et seq., pa 'cularly LA R.S.

30:2054, an in accordance with the proviso ns of the Administrative Proc dure Act, LA R.S. 49:950, et seq., the secretary gives not e that rulema~ing pr edures have been

initiated to a nd the Air Quali Regulations, LAC

33:111.3153, (Log umber AQ17).

These regul tions define th standards for operation

and emissions of st m generati g facilities used by industrial, commercial, an 'nstitutio I groups. See Federal Register published Decem er 16, 987, 52 FR 47842, number

241.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF

STAT::: OR LOCAL GOVERNMENTAL UNITS (Summary)

T:.ere is no expected effect on revenue collectior:ls for

state or local governmental units from the promulgation

of the proposed rule.

III. ESTIMATED COSTS ANDIOR ECONOMIC BENEFITS

TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS (Summary)

There is no expected cost or economic benefits to directly affected persons or nongovernmental unit.s from

the promulgation of the proposed rule.

IV. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary)

There is no expected effect on competition or employment for directly affected persons or nongovernmental

units from the promulgation of the proposed rule.

Louisiana Register Vol. 17, NO.2 February 20, 1991 224

AUTHORITY NOTE: Promulgated in accordance with

R.S. 30:2054.

HISTORICAL NOTE: Promulgated by the Department

of Environmental Quality, Office of Air Quality and Radiation

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

amended LR 17:

E. Ambient Air Ceilings. No concentration of a pollutant shall exceed:

1. The concentration permitted under the secondary

ambient air quality standard (Table 1a-Chapter 7); or

I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO

STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

There is no expected cost or savings to state or local

governmental units from the promulgation of the proposed rule.

I. Review of Major Stationary Sources and Major Modifications Applicability and Exemptions.

Fiscal and Economic Impact Statement

For Administrative Rules

Rule Title: LAC 33:III.Chapter 5 Permit Procedures

J. Terry Ryder

Assistant Secretary

3. The requirements of LAC 33:1I1.509.J through R apply only to any major stationary source or major modification

that would be constructed in an area designated as attainment or unclassifiable as specified in LAC 33:1I1.509.B

"Baseline Area".

mit oral comments on the proposed amendments.

All interested persons are invited to submit written

comments on the proposed regulations. Such comments

should be submitted no later than Monday, April 1, 1991, at

4:30 p.m., to David Hughes, Enforcement and Regulatory

Compliance Division, Box 44066, Baton Rouge, LA, 70804 or

to 333 Laurel Street, 6th floor, Suite 620, Baton Rouge, LA

70801. Commentors should reference this proposed regulation by the Log Number AQ37.

Title 33

ENVIRONMENTAL QUALITY

Part III. Air

Chapter 5. Permit Procedures

§501. Authority

Pursuant to the provisions of LA R.S. 30:2054 concerning the administrative authority's power to develop facts

consistent with the purposes of the Louisiana Environmental

Quality Act, LA R.S. 30:2001 et seq.:

AUTHORITY NOTE: Promulgated in accordance with

R.S. 30:2054.

HISTORICAL NOTE: Promulgated by the Department

of Environmental Quality, Office of Air Quality and Radiation

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

amended LR 17:
FISCAL OFFICE/JANUARY 9, 1991

Title 33

ENVIRONMENTAL QUALITY

Part III. Air

Chapter 5. Permit Procedures

SSOl. Authority

Pursuant to the provisions of La. R.S. 3o:~i;-g:f;i concerning

the administrative authority's power to develop facts consistent

with the purposes of the Louisiana Environmental Quality Act,

3 3 : I I I • 111 • 5 0 5Bi~;;:i:£;~:t;::::;~:;~g;;;:l£;gp;+Jit§hi~:~ls :

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

HISTORICAL NOTE: Promulgated by the Department of Environmental

Quality, ·Offi"ce of Air Quality and Radiation Protection, Air

Quality Division LR 13:741 (December 1987), amended LR 17:---

* * *

SS09. Prevention of Significant Deterioration

* * *

E. Ambient Air ceilings. No concentration of a pollutant shall

exceed:

/ .

1. The concentration permitted under the secondary ambient

air quality standard (Table 1an¥8~RE~!lli£)i or . * * *

I. Review of Major stationary Sources and Major Modifications

Applicability and Exemptions.

* * *

3. The requirements of LAC 33:III.509.J through R apply only

to any major stationary source or major modificatiop that would be

1
FISCAL OFFICE/JANUARY 9, 1991

constructed in an area designated as attainment or unclassifiable

as specified in LAC 33:III.509.B "Baseline Area 3.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 Radiation Protection, Air

Quality Division LR 13:741 (December 1987), amended LR 17:---

2
• CAPITAL CITY PRESS

Publisher of

STATE-TIMES

PROOF OF PUBLICATION

Sworn and subscribed before me by the person

Indefinite

_F_e_b_r_u_a_r_y 19 91 AD.

~~~ Notary Public

day of

My Commission Expires:

whose signature appears above in Baton Rouge, La.

on this

18

Advertising ddh'~ Representative

The hereto attached notice was published in the

STATE-TIMES, a daily newspaper of ··general.

circulation, published in Baton Rouge, Louisiana,

and the Official Journal of the State of Louisiana,

the City of Baton Rouge and the Parish of East

Baton Rouge, in the issues of:

February 18, 1991

DEPARTMENT OF

ENVIRONMENTAL OUALITY

FEB 211!91

ENFORCEMENT SECTION

~i:: NOTICIOFINTENT

:....~:.. OEPJ.R;;:ENT OF ~1!, £NVIRONMENTJ.L QUJ.LIT'I' , • Offla 01 ItJr Ou.lIlr .nd ...lll~, R.dl.1I0n PrOlecllon

Und.r Ih••ulhorl'r of Ih. Loul-

"S1"ia £n.lronm.nltl Qu.1l1r J.cl.

"La ",'.:10:2001. ''''CI.. p.rtlcul.r- I • ta. R.S. 30:2054. and In .ceor· I~, :Tane. wllh the provloloM of Ih. r Admln'.'ra"". Proc.dur. 1.<1. L•. .'R.'.•,,'50, .t lOCI.. Ih. o.cr.,ary Jl'1I'"'' notlC. ,h., rul.m.klng pro- L:caclures haVl b ••n Inilltl.d 10

amend the J.lr Qu.1l1y R.gul•• ftlon,• LJ.c21:III.Ch.pl.r 5. (Log

... /lJ.Q371," II III " Thes. proposed r.gul. OM w a--correel cllallonl In Ih. LJ.C Ih.t , wtr.ln Ult prior to Ih. r.eodl/IC.- t tlon ot th. R.vlsed Slolul". Th... ,. chlnges wlll.1l0 <orreei r.t.r.ne- r .1 used In the LJ.C ond will elarlly

':: thl m.lnlnD 0' ctrl.ln lexf.

t

'.:, These proPCII.d regulotlOM are . to b.eome .tI.etlve on Moy 20. " 1991, or " lOOn thereafter II proe' ~'tlell upon publlc.tlon In the LoUI·

" ,I.na Rttllttr;' --: A public htlrlnD will be held on f "March 21.1991. 111:30 p.m. In the ~·'MI..trai eoard Hearing Room,

." Sta'i La..cllnd Nltural Resoure.. ?eullcllnp; 62S North .th Strut.

S"" Biton ROIID" LJ.. In,er"lto per- ,,~ IOni .relnYlttd 1o attend and IUb- f mit oral eommentl on 'he proI

, poltd am.ndmentl,

1.1/ Inl"esled persons .re In.II· e' .d to submit written comment> on I- the propolld r.guiatloni. Such , comm.ntl Ihould b. lubmlll.a no '.' llt.r than Monaay. J.prll I. ''',. tl

.:30 p.m•• to OIVld Hugh.., En- forc.m.nt and R.gul.,ory Compllane. Olvilion. Posl Oftle. 80x - "066 8.ton Roug" LJ.. 708~ or 10 ~- 233L'aurtl Str••t. 6th Floor. Suite 6~1l. Balon Roug•• LJ. 70801. Com'

m.nlors Ihould r.f.r.nce this pro- c' poltd r.gulallOn by tn. Log IIJ.037.Coples ollh' propoltd r.g' ulallonl are allo avall.bl. for In- spection .t the tollowlng loeallonl

from 1:00 a;m. until .:J:! p.m. ,. o.partm.nt of Envlronmenfal

! Quality. Comm.ree 8ulldlng. 6th , Floor, 323 Laurel Strt.,. Sull' 620.

&alon Rouge. LJ. 70801 '" Oeptrtment 01 Envlronm.ntal , Quallly. 10. 3'It Strut. Monro'.

I

, U71203

:'~. Oepartm.nt of Envlronm.nla' ~, 'Quillty. State Offlc. Building. 1525 LFalrfl.ld J.v.nu•• Shreveporl. LJ.

" 71\01 I ",. o.partment of Environment. ;- Qu.llty. 1150 Ry.n Str••t. Lak.

\

" Charles. LJ. 70601 " o.partment of Envlronm• nl.. Quality. 2945 Norlh 1-10 Service

Road WOlf. Met,'rl•• LJ. 70002

'o.p.rtm.nt of Envlronm.ntl'

QII.llly, 100 Eppler Road. L.f.yI .tt;:i'::~R'I'OER ! J.II'It.nt S.er.tary , ST-77922-t.b 11-\1

-

77922

Amend AQ 37, LE-91-260
Qtqe A~Jt.rerli~er 235·8511 P. O. BOX 3268

LAFAYETTE. LA.

70502

LEGAL' ADVERTISING

02228-01

INVOICE

Your Reference IJ Lc·C\ \-2(,,)

1550 ACCT. NO. OATE 2/2J./91

La. Dept. of fuvi.rot:Jmental Quali.ty

P.0. Bale 44066

Bat.oll Rouge, LA 70804

L

TO ENSURE PROPER CREDIT, PLEASE INDICATE

YOUR ACCOUNT NUMBER AND INVOICE NUMBER (S)

VHEN MAKING PAYMENT.

Notice of Intent " Amend Air quality Regulations, LAC 33:ID, Cbapter 5, (Log IJ AQ,;,7)

AFFIDAVIT OF PUB'LICAT!ON

! solemnly swear that from my personal know.

:edge and !rom le!ere:cce'to the: files of THE

:~DVER'!'lSER, .a, newspaper printed and pub·

;Ished at Lafayette, i:l tile Pari$h of Lafayette,

State of Louisiana, the ad\'ertisemeot referred

to on this lIlvoice was published on th~ dates

i!ldic:Ited.

t2r14&.i£.a.£c-@,fUd -'

Sworu to and

.::2 !~tTOTAL SQ~ARES 7~ __ DESCRIPTION:

PuBLISHED:

AMO"t.:""NT DUE $'--:~O",,- 35.!!2- _
PARISH OF CALCASIEU

526.00

day of

L/ Notary Public.

T21H71F01

Sworn and subscribed at my office in Lake Charles,

State of Louisiana

That the attached was published in said newspaper in its

LASTO100

Louisiana, this 20th

19....9L.

i~::Je{s) dated February 19,1991

Before me, the undersigned authority, personally came and

appeared Darsie Derouen

who being duly sworn, deposes and says: That he is the duly

authorized agent of THE ·..AKE CHARLES AMERICAN PRESS,

a newspaper published daily at Lake Charles, Louisiana.

(Address: Box 2893, Lake Charles, I..A 70602)

Notice of Inlent. Oooort· ment of Environmental

Ovolily, Offict of Air

Ouolity and Radiation Protectio"~

Under the oV!horilY of I the Louisiana Environ..

mentol Ovolity Act, Lo.

R.S. 30:2oot. et sec:.. particulerly Le. R.S. 30:205J. end in occordance wifh

the provisions of :he Ad·

ministraTive Procedure

Act. La. R.S. ~9:9S0, eT

seQ.. the secretory gives

nolice Ihel rv/emeKing

procedures hove tleen initieted te amend the Air

Ovo/ilY Regvlelions. LAC

J3:111. Chopter S. ILoll

_AOJ71.

Then propesed regvle· tions will correct Cito·

tiens in the LAC thct were in use prior to Tne

recodificetion 01 Ihe Re· vised Stotvtes. These

chenges will elso correct references. vsed in the

LAC end -will cleri!y the

meening of certein text. These propesed regu Ie·

tions ore to become elfective on MCY 20,1991, or es soon thereefter cs procri· eel vpon pvblicc:ion in

the Lovisione Register. A ovblic heering will be

held on Morch 28.1991, el

':)0 p.m. in the Minerel

Boord Heering Room.

Stete Land end Naturel

Resources Building. 625

North ~th Street. Boton

Rovge. Le. Interested

persons ore i"vit~d to ot. tend end SUbmit orel comments on th~ proposed emendmenls.

All inttrested persons ere invited to svomit writ~en comments on the

orooosed regvlotions.

SUCh comments shavldbe

suomi::ed no leter Ihen

MondaY. April 1. 1991, er ~:30 p.m.. to David

Hughes. Enforcement

end Reguletory Comoli. cnce Oivision, Post Office

Box ~066, Beton Rovge.

Le. 70804 er to JJJ Lourel

Street. 6th floor. Svile 620

5eton Rouge. Lo. 70801.

Commentors Should ref. erence this proposed reg·

vietIon Oy the Lo; lI'AOJ7.

COoies of the pro""sed

regvletioflS ere olso

ovoilable for inSDection .

ot the fell owing locetions : Irem ·8:00 e.m. until ~:JO . p.m.

DeperTment ot Environ.

mentel Qvolity. Cem.

merce Building, 61n

Floor. JJJ Leurel Streel.

Suite 620. Boton Rouge.

La. 70801.

Deportment 01 Environ· mente I Quality, 80~ 31st

Srreet. Monroe. Lo. 7120J.

Dopar:ment 01 Environ.

mental Quolity. Stote Of· ~cos - 1.S-401I fice Building. 1525 Fair·

field Avenue. Shreveoor1.

La. 71101.

Deoor1ment of Environ·

mentol Ouolity. 1150

Ryon Street. LOKe

Chorles. Lo. 711601.

Oeoortment of Environ·

mentol Ouolity. 2US

NOrTh \·10 Service Rood

wO~~~o~~~~eoN~~~~: I

mentol QuolilY. 100 Eo- I

oler Rood. Loloyette. Lo.

70505. I

J. Terry RYder, I Assisfant s~cr~tory'l ~obrlJory 19 -11 .. l784
, t

GANNETT CO. INC.

Publisher of

PROOF OF PUBLICATION

daily newspaper of general circulation, published in Monroe, Louisiana,

was published in The NEWS-STAR, a

The hereto attached advertisement

The News-Star . -

MONROE, LOUISIANA

the person whose signature appears

above in Monroe, La. on this

m

If' day

Sworn and subscribed before me by

Parish of Ouachita, in the issues of:'

d~

DEPARTM fNVIRONM£ ENT OF

NTAL OUALITY

FEB 19 199

ENFORCEMENT 1

SECTION

, ..,c:r·,NoliCt"6F,NTENt:'-~

",~. -', DePARTMENT OF.':t.~u: '.. ~';~:"ENvIRONMENr~ lFJ,.., ••~~ .. ::• ."I( ••.• "0tJALJlY "I":' ...~J,~.~ .......... , '"""OffiCE' OF A1R·auAuri,;$l ,

'. '~PN1'AO~ .LouIaIanli'~ iN...

" ..Act,LA. R.S..c'3O:2OO1:' QUeIllY,

.~~~-

;~I , , . m'lIIe LAC.

I"~~~~~~'

I ::r-COlTect~~ .. WlIII

,the LAC', and WIll CIa UMct In , mllllning or certain 118_,rtfJ··the , 'Theile pt'OpoeecI ~.. , .

'I~~'- In, the, M/~I~%1:30P.m. R~'~"~and~

~Sree.~BuiJdInsJ. 625 North! Beton Rouge, LA. In- . 'P8I'l1011S are IrwIt8cl to attend, and submit oral com-

=S .on.: tho proposad

AlI~ ,.•~- ...

vlt8d to SUbrnr= are In-,

.~1JtlI ODth4,,~"t~::::J lOrIS•. SucI:l:'cor:nmentB ,ahould.

.~~~tad 'no latar than I,

, ADril 1-.. !l9+.··at 4'30 !: .~···,,~.~Pev~HUllties, Enforcernent and RegulaioryCo~~ , : ~1l8nce Division, Post Olllee: , ox 44066,' Baton Rouge LA I . , 70804 or to 333 Laurel sireet'

1

6

Rouge, ,th' floor, LA 70801, S,U,Ite Commentors 620'B8tO~" Shoukl reference this proposed

,.regulatlon'bY the Log #"037. , COp'88 of the proPOSed regula- "tlons are also available for inSPection at the following toea- .~~'from -e:(lO-a;m., unltl-4:30

'. Department Of ,. ... --.-.

EnVironmental Quality . '. rneroa Building 6th Frc' Como, laure/ Street S It oor. 333j , Rouge, LA 7ilao~ e 620, ~ton;

,

: OuaJ~~ot "T' ....... 31st of -environmental' Stree. M

/roe,LA 7.1203 . , ". on11525 'Dua~~, "Fal~nt ,,~ce of EnV,/,ror;me, Building, nta,,' -~u.- 71101,_.118...Shreve- "

r: panmant of EnYlronm~~ta-' .

Quality; 1150 ",yan St;;..., "- ChSrl8a, LA 70601 -

~;~.of Envlronmen~81 . Road Weat; ~J:h~-10 Service

Depanme t r , LA 7002

Quality 100 ~f Envloonmenta,

fayette: LA 70~r Road, Lal ' ,'J. Terry Ryder

Monroe, La.Assistant Secretary

FebrUary 17: 1991 .-
------...

3800 HOWARD AVENUE, NEW ORLEANS, LOUISIANA 70140-1097 TELEPHONE (504) 826-3206

State of Louisiana

Parish of Orleans

APR 1 91991

February 20, 1991

Ma~!

Not y Pu :i.e t

Sworn to and

Personally app~ared before me, a Notary in and

for the parish of Orleans, Robert·J. Chiasson

who deposes and says that he is the Accounts

Receivable Manager, of the Times-Picayune

Publishing Corporation, a Louisiana Corporation, Publishers of The Times-Picayune, Daily

and SundaYr of general circulation; doing

business in the City of New Orleans and the

State of Louisiana, and that the attached

Was published in. ~T~h~e~T~i~m~e~s~P~i~c=a~y~u~n~e=_ _

LA. DEPARTMENT OF

City of New Orleans ENVIRONMENTAL QUALITY AIR QUALITY DIVISION

on the following dates

--=1=-4~t~h~~d2y 0 f

Office of Legal Affairs & Environmet

L,egal Notices

Attn~ Betty Scardina

Re:. The Proposed Regulations to correct citatio~ i~ the LAC, Log No. AQ37

Advertisement 0 f Dept. of Environmental Qualit

P.O. Box 404066

Baton Rouge, LA 70804

NOTICE OF IHTENTd - . ~, .. .., .. . DEPARTMENT OF . ENVIRONMENTAL ' ~",,, QUALITY.'

01;;1" ~f 'Alr~·Ou·allt~· and

. ;'., ad~~Protectlon

Undtri ,''- a,,'horfly 01 Iha k~!,II ana. Envlronmantal ~Uty Actl

La. II,S, 30:200I al 1"'6 parI Cularly La II'S 30:2 54, ano In accordan'c,;

wllh Ina proyls'ons 01 Ihe tdmlnlllratlYl Procedure Act a, 11.5. 49:950, e' Ie. Ihe secrelarv "lves nOllce'lhal

~~~rll'nl,,~ptrOCldurls hove " a 0 amend In. AIr

C

"'1!a"ty Rlllulatlons, LAC 33'111 "aptlr 5, (LOll No. AQJ7I.· .

These pro~osed r~gUI.tJon, ~' correct cllatlons In Ihe C ,nal were In use prior 10 kha rlcodlllc.llon of Ine heylUd StalUlts. Tnese c anllel wl~ a'so correct ref- erencn lIIed In lhe LAC will clarltv the meaninga':l cerraln lext.

!:.el~ P~POI.d r.gulatlo~1

May 20, ~;~~ :~e;~Y:o~~ ~ua;,1~:Tr al" pracllcal upon RI9IJter. an n the Loul~l.na

A public nearing will be held on March 28, 1991 a' 1:30 pm ~..\~ MSlinteraLI Board Hearing R ,a e 'nd and Natu I 4t~"'s~rce. tUlldlng" 625 No~r" Inter reel, aton KDuoe, LA to a~f~~d ":~J'ns Ire Invi1ed COm men., On t~~b~1t oral amendmen',-. . OPO,ed

~~I~lr:~~ItPerl,onl are ments on IIle wr lien com- lions Such regula-

~~mlllaet n~~1er'~~~ l1.m., 10~IJldl"1, al 4;30 Enfof'~nl Bnd RHU"h..,

Sfl7'c"~I.~ca OIYIII':~''l>~'; II ox 440 66, Bato' L:::r LA, 70840 or 10 3~

620, Ba~~ae~o~~~ tlr;, 75UII. Commenlors silo 1- 0801. thll prODO$ed, Uta reference 1.00 no. AOJ1 IIIC

Ulal!on br Ihe ~OP05ed '. OPt.s 0 the

a.allabla l':"~~a"ons are also

~~:'~;t~ ~~a~.~I~~~1 8':2&

g~:Jl~~~m"'meEnYlrOnmenlal 61ft F'oor 333 [ca BUilding,

~~, 620: ealon aR";~~a~'rk .

~~.o't fr:lr

o

s

n\,,8n,a, Monroe. LA 11203 r.el.

8::~:nr.: 01cJi~ronmenlat 151~ F.'r'r,ald /II. Bu'ldlng, Shra_, LA 11101 ..neu.,

0.0.""-1 of E I Quality 1150 II ny ronmanle' . uka clia..... LA ~~l Slraal,

, 0.1>11""-1 01 Enylron

~~rv, 2945 NOr/Il I'IO~!

10002 ~"" Melt".. LA 0-....... lIf" En'. ' QUI'"y. 1M Ei... 01" ..... Lata""'-' LA 1OS05 Road,

"'-~

. ' .....~L!~R.....

FORM'~

My commiss~on expires at my death.

o EAST JEFFERSON ADVERTISER CI WEST BANK ADVERTISER CI ST. TAMMANY ADVERTISER CI EAST He-IN :J'ILE/II.NS ADVERTISER CI ST. BERNARD ADVERTISER CI RIVER PARISHES ADVERTISER THURSDAY AND SUNC6~ ---------- _

____~~_~ D_LA~K_EFRONT ADVERTISER CI ORLEANS ADVERTISER CI UP~'-'WN ...DVERTISER CI MIDTOWN ...DVERTISER
p ..

Shreveport Journal on the following dates to wit:

,19~.

rAlUU ~". lir.t~.ER. lJOTARY PUBLIC

G:lSSJER PAHISH, LA.

MV COMMISSION IS FOR LIFE

amend (Log #AQ3?)

#LE-91-265

(Signed)~,) &~.)

PROOF OF PUBLICATION

February 20~ 7997

as per copy of advertisement hereto annexed, was published in the

this _---"-'20LL...- day of F'eb:m<avy

advertisement entitled: NOTICE OF TNTF:NT DF:PA RTM'E:NT OF' EnWIRONMENTAL

QUALITY Office of Air Quality. and Radiation Protection

rulemaking procedures have been initiated to

Advertising Manager of the Shreveport Journal, and that the attached

to me, who being duly sworn, deposes and is the Assistant to the Classified

Before me, the undersigned authority, personally came and appeared,

Sworn to and subscribed before me

~A:...!l~t::.!.h~e::.;:a:!:..!s"---,,C"-'!r,-,1.-~· t~tO<.lo<..!.nL- , personally known

STATE OF LOUISIANA

PARISH OF CADDO.

NOTICE OF INTENT DE·

PARTMENT OF ENVIRONMENTAL QUALITY Office of Air Quallfv

and Radiation Profecflon. Un~r fhe aufhorlfv of fhe

Louisiana Envlranmenfal

QuallfV Acf. La. R.S.

'30: 2001. ef ea.. partlcularlV La. R.S. 30:2054. and

In accordance with fhe

provisions of the Administrative Procedure Acf. La.

R.S.'9:950.et wa.• fhe sec- retarv gives nafIce thaf " rulemaklng procedures

have been Inlflated fa

amend fhe Air Quallfv

Regulations. LAC 33: III.

Chooter 5. [Log .AQm.

Thew proposed regulations wilt correct cltotlons In the LAC that were In uw prior to the re- codification of the Revised

Statutes. Thew changes

will also correct referen- ces uwd In the LAC and

will clarltv fhe meaning of

certain texl. These

prapawd regulations are to become elfectlve on Mav 20. 1991. or as soon thereafter as practical

upon pUblication In the

Louisiana Register. A public hearing will be held on

MArch 28. 1991. at 1:30

p.m. In fhe Minerai Boord

Hearing Room. State

Land and Natural Re- sources Building. 625

North .th STreef. Baton

Rouge. LA. Interested per- sons are Invited to allend

and submit oral com· ments on the proposed

amendments. All

Interested persons are Invited fo submit: wrillen

comments on the

proposed regulallons.

Such comments should be

submitted no later than

Mondav. April 1. 1991. at

':30 1l.m.• to David

Hughes. Enfarcemenf and

Regulatorv Compliance

Division. Post Olflce Box

44066. Baton Rouge. LA

70804 or to 333 Laurel

Street. 6th floor. Suite 620

Baton Rouge. LA 70801.

Commentors should refer- ence this proposed regu·

lotions bv the Log /tAQ37.

Copies of the proposed

regulations are also avail·

able for Inspection at the

following locations trom

8:00 a.m. until ':30 p.m.

Deportment of" En·

viranmenfal Qualltv.

Commerce Building. 6th

Floor. 333 Laurel Street.

Suite62O. Baton Rouge. LA

70801. Deportment of En·

vlranmental Qualltv. 804

31st Street. Monroe. LA

71203. Deparfment of En·

vironmental Qualltv.

State Office Building. 1525

Fairfield Avenue.

Shreveport. LA 71101. De·

partment of Environmen·

tal Qualltv. 1150 Rvan

Street. Lake Charles. LA

70601. Department of En·

viranmental Qual ltv. 2945"

North 1·10 Service Raa~

West. Metairie. LA 7rx:r~

Departmenf of ....0,

vironmental Qualll"z°c

Eppler Rood. Lat'6~

LA 70505. J. Terr.ro","t!'

Assistant St:it!'~".

Shreveport JOIA.,°C-v".,

ruarv 20. 1991. ",":

,
2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY REGULATIONS - AQ37

PUBLIC HEARING

MARCH 28, 1991

MR. HUGHES I

Good afternoon, ladies and gentlemen. My name is

David Hughes. I'm employed with the Department of

Environmental Quality. I'll be serving as Hearing

Officer this afternoon to receive comments regarding

prdposed amendments to the Office of Air Quality

Regulations, specifically, Log No. AQ17.

These proposed regulations will define the

standards for operation and emissions of steam

generating facilities used by industrial, commercial,

and institutional groups.

Next, we will hear comments on Log No. AQ30.

These amendments will establish criteria and procedure

for insuring continuous emission monitors and systems

supporting them are operating properly.

Last, we will hear comments on Log AQ37. These

regulations will correct citations in the LAC that were

in use prior to the recodification of revised statutes.

These changes will also correct references used in the

LAC and will clarify the meaning of certain text.

The comment period for these amendments began

February 20th when a Notice of Intent was published in

the State Register. The comment period will close at

4:30 P.M. Monday, April 1st. All oral comments

-1-

ACADIANA REPORTING SERVICE

P. o. BOX 53661

LA"AVETTE. LOUISIANA 70505-3661

131 Bl 261.0675
2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

received todAy should be followed up in writing.

pleAse mAke note that the Department hAS moved

since the Notice of Intent WAS pUblished And that all

written comments should now be delivered to 7290 Blue

Bonnet BouleVArd on the Fourth Floor, Baton Rouge,

Louisiana.

I will ask that each commenter begin by stating

their name and affiliation for the record.

I'm going to open up the hearing on AQ37. Are

there any commenters who wish to comment concerning

AQ37?

(NO response.)

If there are none, the hearing on AQ37 is closed.

CERTIFICATE

I, PEGGY MORVANT, do hereby certify that the

foregoing testimony was heard before the Honorable

David Hughes, Hearing Officer, on March 28, 1991, in

the Conservation Auditorium, Baton Rouge, Louisiana;

that I did report the proceedings thereof in Docket No.

AQ37; that the foregoing pages, numbered 1 through 2,

inclusive, constitute a true and correct transcript of

the proceedings thereof.

±

-2-

ACADIANA REPORTING SERVICE

p. o. sox 5366'

L.A~"YETTE. LOUISI..NA 70505-3661

13181261<>675
- State of Louisiana

Department of Environmental Quality

BUDDY ROEMER

Governor

MEMORANDUM

PAUL TEMPLET

Secretary

DATE:

TO:

FROM:

December 26, 1990

Mike McDaniel, Assistant Secretary ~~}

.() t/{)"v

Keith W. Petrie, Staff Attorney nI)

RE: Proposed Changes to Chapter 5, Sections 501, 509 . E. 1

and 509.I.3

This is in response to your memorandum dated' December 11,

1990, which was received by our office on December 18,1990

requesting comments on the referenced proposed changes. We have

no co~~ents or recommended changes to the proposed amendments.

c: Gus Von Bodungen

Chuck Handrich

Atly Brasher

Phil Eckert

Ann Coco

'-I "

D.l .'! ;":, .....C) 1991

. r',. :.. _ - t-. 0"

I '::'" -. • •

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

.. r' , .-,

:.~ : .~' .. , .;

OFFICE OF LEGAL AFFAIRS AND ENFORCEMENT P.O. BOX 44066 BATON ROUGE, LOUISIANA 70804

AN 1=("lIIAI nppn~TIINITY FMPI nYF~
(;..<g1mJ

')

(8 Hour

Avg.)

been delisted as a toxic air

part ofthe metals and

s based on J-Lg(x)/mJ

,

al.

•••

Class

James B. Thompson, III

Assistant Secretary

Cas no.

planatory Note [2]-Tablc SI. xplanatory Note 4]

aTE: Promulgated in.,acc

. 30:2001 et seq. ';:'}

AL NOTE: Promulgated by'the

tal Quality, Office of Air Quality

, Air Quality Division, LR 21: (Decembe

Table 5 1.2 Louisiana Toxic Air Pollutant Ambient Air

Standards

Cresol [4]

.-.

[See Prior Text in

AUTHORIT

30:2060"and

HISTO

Environ

Protee .

RULE

Nonattainment New Source Review

(LAC 33:III.504) (AQI27)

Department of Environmental Quality

Office of Air Quality and Radiation Protection

Air Quality Division

Under the authority ofthe Louisiana Environmental Quality

Act, R.S. 30:2001 et seq., and in accordance with the

provisions ofthe Administrative Procedure Act, R.S. 49:950,

et seq., the secretary has amended the Air Quality Division

regulations, LAC 33:III.504, (AQ I27).

Reference to NOx shall be removed, as a pollutant to be

controlled under nonattainment in LAC 33:111.504, so that the

state will qualify for a control exemption under Section

182(t)( I) ofthe Clean Air Act.

The prior regulation (LAC 33:III.504) made reference to

NOx as a pollutant that must be controlled under

nonattainment. In order to qualify for a control exemption

1,600.0

Minimum

Emission

Rate

(Pounds!

Year)

Carcinogens

r

xic Air Pollutant

Program

efinitio05, and General

ulgated by the Department of

f Air Quality and Radiation

R 17:1204 (December 1991),

2), repromulgated LR 19:45

amended LR 21: (December

ulgated in accordance with R.S.,

xt in A-D.4]

1.2, and 51.3 are being moved to

[See Prior Text in Cumene-Vinyl A~etate

Title 33

ONMENTA

Part III.

ehe05ive

n Contr

bility,

Pro 005

Modification 0 NE AP Sources

Class 1-

Compounds

Cresol[4]

[See Prior Text in Explanatory Notes [2]-[1 I]]

Bariu sulfate shall be delisted from the ist of toxic air

pollutan in LAC 33:III.Chapter 5 I. The rior regulation

(LAC 33 Ijl:hapter 5 I) made referenc to barium and

co~pound ~s toxic air pollutants that m t be reported and

controlled. PA delisted barium sulfat om the category

"barium com unds" on the toxic chemic s list under Section

313 of the E ergency Planning and mmunity Right-toknow Act of 86 due to insufficient vidence that barium

sulfate causes verse acute or chron' health effects. DEQ

received a requ to delist barium s fate and concurs with

EPA.

Chapter 51.

§5115.

j

I ... qry Notes:

d~s any unique chemical substance that con

etal as part ofthat chemical's infrastructure, e

sulfate. Barium sulfate has been delisted as a t ic air

poll ant'and should not be included as part ofthe meta

compounds emissions. Concentrations are based on J-L

m~, where x is the elemental form of the metal.

• • •

1331 Louisiana Register Vol. 21. No. 12 December 20. f 995
under Section 182(f)(I ), th is reference is deleted from LAC

33:III.504.

Title 33

ENVIRONMENTAL QUALITY

Part III. Air

Chapter 5. Permit Procedures

§S04. Nonattainment New Source Review Procedures

•••

[See Prior Text in A]

1. For an area which is designated incomplete data,

transitional nonattainment, marginal, moderate, serious, or

severe nonattainment for ozone, volatile organic compounds

are the regulated pollutants under this Section.

••• [See Prior Text in A.2-DA]

5. The proposed major stationary source or major

modification will meet all applicable emission requirements

in the Louisiana State Implementation Plan (SIP), any

applicable new source performance standard in 40 CFR part

60, and any national emission standard for hazardous air

pollutants in 40 CFR part 6 I or part 63.

••• [See Prior Text in D.6-F.5] .

6. The emission limit for determining emission offset

credit involving an existing fuel combustion source shall be

the most stringent emission standard which is allowable under

the applicable regulation for this major stationary source for

the type offuel being burned at the time the permit application

is filed. Ifthe existing source commits to switch to a cleaner

fuel, emission offset credit based on the difference between

the allowable VOC emissions ofthe fuels involved shall be

acceptable only if an alternative control measure, which

would achieve the same degree of emission reductions should

the source switch back to a fuel which produces more

pollution, is specified in a permit issued by the department.

••• [See Prior Text in F.7-10]

. G. Definitions. The terms in this Section are used as

defined in LAC 33:III.lll with the exception ofthose terms

specifically defined as follows:

•••

[See Prior Text]

Allowable Emissions-the emissions rate of a major

stationary source calculated using the maximum rated

capacity ofthe source (unless the source is subject to federally

enforceable limits which restrict the operating rate, or hours

ofoperation, or both) and the most stringent ofthe following:

a. the applicable standard set forth in 40 CFR part 60,

61, or 63;

b. any applicable State Implementation Plan emissions

limitation including those with a future compliance date; or

c. the emissions rate specified as a federally

enforceable permit condition, including those with a future

compliance date.

• • • [See Prior Text]

Federally Enforceable-all limitations and conditions

which are federally enforceable by the administrator,

including those requirements developed pursuant to 40 CFR

parts 60, 61, and 63, requirements within any applicable State

Louisiana Register Vol. 21, No. 12 December 20, 1995 1332

Implementation Plan, any permit requirements established

pursuant to 40 CFR 52.21 or under regulations approved

pursuant to 40 CFR part 51, subpart I including 40 CFR

51.165 and 40 CFR 51.166.

••• (See Prior Text]

Major Modijicafion-

••• [See Prior Text in a]

b. any net emissions increase that is considered

significant for volatile organic compounds shall be considered

significant for ozone.

•• • [See Prior Text in coco vii]

Major Stationary Source-

••• (See Prior Text in a-b]

c. A major stationary source that is major for volatile

organic compounds shall be considered major for ozone.

d. A stationary source shall not be a major stationary

source due to fugitive emissions, to the extent that they are

quantifiable, unless the source belongs to:

i. any category in Table A in LAC 33:III.509; or

ii. any other stationary source category which, as of

August 7, 1980, is being regulated under Section III or 112

of the Act.

e. A stationary source shall not be a major stationary

source due to secondary emissions.

••• (See Prior Text]

Table 1

Major Stationary SourcelMajor Modification Emission Thresholds

MAJOR MAJOR

STATIONARY OFFSET

SOURCE

MODIFICATION

POLLUTANT Significant Net RATIO

Threshold Minimum

Values Increase

(tons/year) (tons/year)

OZONE Trigger Values

voe

Marginal' 100 40 (40)1 1.10 to 1

Moderate 100 40 (40)1 1.15 to 1

Serious 50 25' (5)' 1.20 to 1

Severe 25 25' (5)' 1.30 to 1

eo

100 100 >1.00 to 1

Moderate 50 50 >1.00 to 1

Serious

SOl 100 40 >1.00 to 1

PM,.

100 15 >1.00 to 1

Moderate 70 15 >1.00 to 1

Serious

Lead 100 0.6 >1.00 to 1

I For those parishes which are designated incomplete data

or transitional nonattainment for OlWne, the new source review

rules for a marginal classification apply.
9512#007

Louisiana Register Vol. 21, No. 12 December 20. 1995

the Department of

d Nuclear Energy,

87), amended, LR

Department of

and Radiation

pril 1991), LR

1994), LR 21:

cember 1995).

James B. Thompson, I

Assistant Secretary

and sto g a liquid having a total vapor pressure of 1.5 ps'

or great The description of the method of control d

supportin calculations based upon the Addendu to

American ~troleum Institute Publication Number 17

Evaporativ . oss from External Floating Roof Tanks ated

May 1994) s II be submitted to the administrative a ority

for approva rior to installation. Controls for n slotted

guide poles a stilling wells shall include pole per and..

gasketing be en the well and sliding cover. C trois for

slotted guide po shall include a float with wipe ole wiper

and gasketing been the well and sliding cov . Alternate

methods of contls are acceptable if demo trated to be

equivalent to the c .trois in this Section. Th; dministrative , authc-ity* must £rove alternate meth' s of control.

Installation of cont ~. required by this S. ection shall be

required by Novemb "IS, 1996. Reques for extension of

the November IS, 19 ~compliance dat ill be considered

on a case-by-case basi or situations w ch require the tank

'&

to be removed from se \to install th ontrols and must be

approved by the adminis five authori •. The requirements

of this Paragraph shall 0 '\ apply' ozone nonattainment

areas classified marginal 0 ~her. ntrols systems required

by this Subsection shall be ~. pec asemiannually for rips,

tears, visible gaps in the po ~;or at wiper, and/or missing

sliding cover gaskets. Any ri : t s, visible gaps in the pole

or float wiper, and/or missin • ding cover gaskets shall be

repaired in accordance with Section in order to avoid

noncompliance with this Sect ; Repairs necessary to be in

compliance must be initiate WI in seven working days of

identification by ordering a rop te parts. Repairs shall be

completed within three m ths 0 e ordering of the repair

parts. However, if it can demons ted that additional time

for repair is needed, the ministrat authority may extend

this deadline.

E. - I.5 ...

AUTHORITY NOT

30:2054.

HISTORICAL N Promulgated b

Environmental Qu , Office ofAir Quali

Air Quality Divisi ,LR 13:741 (December

15: I 061 (Dece r 1989), amended by

Environmental ality, Office of Air Qu

Protection, Ai uality Division, LR 17:360:,

18:1121 (Oct er 1992), LR 20:1376 (Decemb

1223 (Nove r 1995), repromulgated LR 21 : (

1333

and Stilling Well

systems must be

e tanks with a

ately 151 m))

e, which appeared on pages

Louisiana Register, is being

ic Compounds

age of Volatile Organic Comp

(LAC 33:III.21 03)(A

Department of Environmental Quali

Office of Air Quality and Radiation Pr

Air Quality Division

RULE

i Consideration of the net emiSSIons increase will be

triggered f,~ - any project which would increase emissions by

40 tons or more per year, without regard to any project

decreases.

) For serious and severe ozone nonattainment areas, the

increase in emissions of volatile organic compounds resulting

from any physical change or change in the method of

operation of a stationary source shall be considered significant

for purposes of detennining the applicability of penn it

requirements, if the net emissions increase from the source

equals or exceeds 25 tons.

• Consideration of the net emissions increase will be

triggered for any project which would increase volatile

organic compound emissions by five tons or more per year,

without regard to any project decreases, or for any project

which would result in a 25 ton or more per year cumulative

increase in emissions after November IS, 1992, without

regard to project decreases.

VOC = volatile organic compounds

CO = carbon monoxide

S02 = sulfur dioxide

PM\o = particulate matter of less than 10 microns in

diameter

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2011.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Radiation

Protection, Air Quality Division, LR 19: 176 (February 1993),

repromulgated LR 19:486 (April 1993), amended LR 19: 1420

(November 1993), LR 21: (December 1995).

James B. Thompson, III

Assistant Secretary

9512#040

Chapter 21.
, .

FINAL RULE/DECEMBER 20, 1995

Title 33

ENVIRONMENTAL QUALITY

Part III. Air

Chapter 5. Permit Procedures

§504. Nonattainment New Source Review Procedures

* * *

AQ127

[See Prior Text in A]

1. For an area which is designated incomplete data.

transitional nonattainment. marginal. moderate, serious, or

severe nonattainment for ozone, volatile organic compounds aae

nitrogen oxides are the regulated pollutants under this

section. For an area which is designated marginal, incomplete

data, or transitional nonattainment for ozone, volatile organic

compounds is the regulated pollutant under this section.

* * *

[See Prior Text in A.2-D.4]

5. The proposed major stationary source or major

modification will meet all applicable emission requirements in

the Louisiana state Implementation Plan (SIP), any applicable new

source performance standard in 40 CFR Ppart 60, and any national

emission standard for hazardous air pollutants in 40 CFR Ppart 61

or part 63.

* * *

[See Prior Text in D.6-F.5]

6. The emission limit for determining emission offset

credit involving an existing fuel combustion source shall be the

most stringent emission standard which is allowable under the

applicable regulation for this major stationary source for the

type of fuel being burned at the time the permit application is

filed. If the existing source commits to' switch to a cleaner

fuel, emission offset credit based on the difference between the

allowable VOC emissions of.the fuels involved shall be acceptable

only if an alternative control measure, which would achieve the

same degree of emission reductions should the source switch back

to a fuel which produces more pollution, is specified in a permit

issued by the department.

* * *

[See Prior Text in F.7-10]

1
· .

FINAL RULE/DECEMBER 20, 1995 AQ127

G. Definitions. The terms in this section are used as

defined in LAC 33:III.111 with the exception of those terms

specifically defined as follows:

* * *

[See Prior Text]

Allowable Emission5-the emissions rate of a major

stationary source calculated using the maximum rated capacity of

the source (unless the source is subject to federally enforceable

limits which restrict the operating rate, or hours of operation,

or both) and the most stringent of the following:

a. the applicable standard set forth in 40 CFR

P£art 60~-eF 61. or 63;

b. any applicable state Implementation Plan

emissions limitation including those with a future compliance

date; or

c. the emissions rate specified as a federally

enforceable permit condition, including those with a future

compliance date.

* * *

[See Prior Text]

Federally Enforceable-all limitations and conditions

which are federally enforceable by the administrator, including

those requirements developed pursuant to 40 CFR P£arts 60~-aftd

61, and 63, requirements within any applicable state

Implementation Plan, any permit requirements established pursuant

to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR

P£art 51, S~ubpart I including 40 CFR 51.165 and 40 CFR 51.166.

* * *

[See Prior Text]

Major Modification-

* * *

[See Prior Text in a]

b. any net emissions increase that is considered

significant for volatile organic compounds or oxides of nitrogen

shall be considered significant for ozone.

* * *

[See Prior Text in c-c.vii]

Major stationary Source-

* * *

[See Prior Text in a-b]

2
, .

FINAL RULE/DECEMBER 20, 1995 AQ127

c. A major stationary source that is major for

volatile organic compounds or nitrogen OKides shall be considered

major for ozone.

d. A stationary source shall not be a major

stationary source due to fugitive emissions, to the extent that

they are quantifiable, unless the source belongs to:

i. any category in Table A in LAC

33:111.509; or

ii. any other stationary source category

which, as of August 7, 1980, is being regulated under section 111

or 112 of the Act.

e. A stationary source shall not be a major

stationary source due to secondary emissions.

* * *

[see Prior Text]

3
· .

FINAL RULE/DECEMBER 20, 1995 AQ127

- Table 1

Major Stationary Source/Major Modification Emission

Thresholds

MAJOR

STATIONARY MAJOR MODIFICATION OFFSET RATIO

POLLUTANT SOURCE 9~ignificant ftliet m,Minimum

-t::Ihreshold ~Increase

¥Values ..Ltons/yearl

.Ltons/yearl

OZONE Trigger Values

vocfNGiMarginal: 100 40 (40) 2 1.10 to 1

Moderate (40) 2

1.15 to 1 100 40

Serious 1.20 to 1

50 253 (5) 4

1.30 to 1

Severe 25 253 (5) 4

CO

Moderate 100 100 >1.00 to 1

Serious 50 50 >1.00 to 1

S02 100 40 >1.00 to 1

PM.o

Moderate 100 15 >1.00 to 1

Serious 70 15 >1.00 to 1

Lead 100 0.6 >1.00 to 1

1 voe and NOx are considered separately for purposes of

determininq whether a source is sUbject to permit

requirements. For those parishes which are classified marqinal

nonattainment for oeone, the new source review rules apply to

sources of 'I'loe but not ~lOx-.-For those parishes which are

designated incomplete data or transitional nonattainment for

ozone, the new source review rules for a marginal classification

apply.

2 Consideration of the net emissions increase will be triggered

for any project which would increase emissions by 40 tons or more

per year, without regard to any project decreases.

3 For serious and severe ozone nonattainment areas, the increase

in emissions of volatile organic compounds or nitroqen olfides

resulting from any physical change or change in the method of

operation of a stationary source shall be considered significant

for purposes of determining the applicability of permit

4
I • • ..

FINAL RULE/DECEMBER 20, 1995 AQ127

requirements, if the net emissions increase of such air pollutant

from the source equals or exceeds 25 tons.

4 Consideration of the net emissions increase will be triggered

for any project which would increase volatile organic compound

emissions by five tons or more per year, without regard to any

project decreases, or for any project which would result in a 25

ton or more per year cumulative increase in emissions after

November 15, 1992, without regard to project decreases.

VOC = volatile organic compound§

NGx oxides of nitrogen

CO = carbon monoxide

S02 = sulfur dioxide

PMlO = particulate matter of less than 10 microns in diameter

AUTHORITY NOT~: Promulgated in accordance with R.S.

30:2011.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Radiation

Protection, Air "Quality Division, LR 19:176 (February 1993),

repromulgated LR 19:486 (April 1993), amended LR 19:1420

(November 1993), LR

5
F CAL AND ECONOMIC IMPACT STATEMENT

FOR ADMINISTRATIVE RULES

ROC TITLE: Modification of NESHAP Saure

Nonattainment New Source Review

(LAC 33:III.504)(AQI27)

NOTICE OF INTENT

Department of Environmental Quality

Office of Air Quality and Radiation Protection

Air Quality Division

Under the authority of the Louisiana 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 Quality Division

regulations, LAC 33:III.504, (AQI27).

It is proposed that reference to NOx be removed, as a

pollutant to be controlled under nonattainment in LAC

33:TII.504, so that the state may qualify for a control

exemption under Section 182(t)(1) of the Clean Air Act.

The existing regulation (LAC 33:III.504) makes reference

to NOx as a pollutant that must be controlled under

nonattainment. . In order to qualify for a control exemption

under Section 182(t)(I), this reference must be deleted from

LAC 33:III.504.

These proposed regulations are to become effective upon

publication of the final rule in the Louisiana Register.

A public hearing will be held on September 25, 1995, at

1:30 p.m. in the Maynard Ketcham Building, (Room 326),

7290 Bluebonnet Boulevard, Baton Rouge, LA 70810.

Interested persons are invited to attend and submit oral

comments on the proposed amendments. Should individuals

I.

IV.

James B. Thompson, III

Assistant Secretary

[See Prior Text in Explanatory N te 2]-Table 51.3 Explanatory Note 4]

AUTHORITY NOTE: mul ated in accordance with R.S.

30:2060 and R.S. 30:2001 et eq.

HISTORICAL NOTE: romulg ted by the Department of

Environmental Quality,O ce of Quality and Radiation

Protection, Air Quality vision, LR 7:1204 (December 1991),

amended LR 18:1364 ember 1992), repromulgated LR 19:45

(January 1993), LR 19: 1 (July 1993), a ended LR 21:

A public hearing ill be held on Se tember 25, 1995, at

1:30 p.m. in the ynard Ketcham B 'lding, (Room 326),

7290 Bluebonnet oulevard, Baton uge, LA 70810.

Interested perso are invited to attend and submit oral

comments on th proposed amendments. ouid :::ldividuals

with a disability eed an accommodation in or er to participate

please contact atsy Deaville at the address gi en below or at

(504) 765-039 .

All inter ted persons are invited to su mit written

comments 0 the proposed regulations. Comme tors should

reference s proposed regulation by AQ129. Sucll comments

should be submitted no later than October 2, 199 at 4:30

p. m. , Patsy Deaville, Investigations and R lation

Develo ent Division, Box 82282, Baton Rouge, LA, 70884-

2282 0 to 7290 Bluebonnet Boulevard, Fourth Floor, aton

Roug LA, 70810 or to FAX number (504)765-0486.

Title 33

ENVIRONMENTAL QUALITY

Part ill. Air

Chap er 51. Comprehensive Toxic Air Pollutant

Emissl n Control Program

Subcha ter A. Applicability, Definitions, and

Provisio

§5115. odification of NESHAP Sources .........

[See Prior Text in A-Table 51.1] II.

EXPLANAT RY NOTES:

[1]Includes an unique chemical substance

listed metal as p of that chemical's infras cture, excluding

barium sulfate. arium sulfate has been d isted as a toxic air III.

pollutant and sho d not be included as p rt of the metals and

compounds emissi s. Concentrations re based on Jlg (X)/

m3, where X is the lemental form of e metal. .........

louisiana Register ~I. 21, NO.8 August 20, 1995 852
with a disability need an accommodation in order to participate

please contact Patsy Deaville at the address given below or at

(504)765-0399.

All interested persons are invited to submit written

comments on the proposed regulations. Commentors should

reference this proposed regulation by Log AQ127. Such

comments should be submitted no later than October 2, 1995,

at 4:30 p.m., to Patsy Deaville, Investigations and Regulation

Development Division, Box 82282, Baton Rouge, LA, 70884-

2282 or to 7290 Bluebonnet Boulevard, Fourth Floor, Baton

Rouge, LA, 70810 or FAX (504)765-0486.

This proposed regulation is available for inspection at the

following DEQ office locations from 8 a.m. until 4:30 p.m.:

7290 Bluebonnet Boulevard, Fourth Floor, Baton Rouge, LA

70810; 804 31st Street, Monroe, LA 71203; State Office

Building, 1525 Fairfield Avenue, Shreveport, LA 71101;

3519 Patrick Street, Lake Charles, LA 70605; 3501 Chateau

Boulevard West Wing, Kenner, LA 70605; 100 Asma

Boulevard, Suite 151, Lafayette, LA 70508.

Title 33

ENVIRONMENTAL QUALITY

Part m. Air

Chapter S. Pennit Procedures

§S04. Nonattainment New Source Review Procedures

••• [See Prior Text in Al

1. For an area which is designated incomplete data,

transitional nonattainment, marginal, moderate, serious, or

severe nonattainment for ozone, volatile organic compounds

are the regulated pollutants under this Section.

•••

[See Prior Text in A.2-D.41

5. The proposed major stationary source or major

modification will meet all applicable emission requirements in

the Louisiana State Implementation Plan (SIP), any applicable

new source performance standard in 40 CFR part 60, and any

national emission standard for hazardous air pollutants in 40

CFR part 61 or part 63.

•• •

[See Prior Text in D.6-F.5J

6. The emission limit for determining enusslOn offset

credit involving an existing fuel combustion source shall be the

most stringent emission standard which is allowable under the

applicable regulation for this major stationary source for the

type of fuel being burned at the time the permit application is

filed. If the existing source commits to switch to a cleaner

fuel, emission offset credit based on the difference between the

allowable VOC emissions of the fuels involved shall be

acceptable only if an alternative control measure, which would

achieve the same degree of emission reductions should the

source switch back to a fuel which produces more pollution,

is specified in a permit issued by the department.

•••

[See Prior Text in F.7-101

G. Definitions. The terms in this Section are used as

defined in LAC 33:111.111 with the exception of those terms

specifically defined as follows:

•••

[See Prior Textl

Allowable Emissions-the emissions rate of a major

stationary source calculated using the maximum rated capacity

of the source (unless the sourct is subject to federally

enforceable limits which restrict the operating rate, or hours

of operation, or both) and the most stringent of the following:

a. the applicable standard set forth in 40 CFR part 60,

61, or 63;

b. any applicable State Implementation Plan emissions

limitation including those with a future compliance date; or

c. the emissions rate specified as a federally

enforceable permit condition, including those with a future

compliance date.

•••

[See Prior TextJ

Federally Enforceable-all limitations and conditions

which are federally enforceable by the administrator, including

those requirements developed pursuant to 40 CFR parts 60,

61, and 63, requirements within any applicable State

Implementation Plan, any permit requirements established

pursuant to 40 CFR 52.21 or under regulations approved

pursuant to 40 CFR part 51, subpart I including 40 CFR

51.165 and 40 CFR 51.166.

•••

[See Prior Textl

Major Modificarion-

•••

[See Prior Text in aJ

b. any net enusslOns increase that is considered

significant for volatile organic compounds shall be considered

significant for ozone.

•••

[See Prior Text in c-c.viiJ

Major Stationary Source-

•••

[See Prior Text in a-bI

c. A major stationary source that is major for volatile

organic compounds shall be considered major for ozone.

d. A stationary source shall not be a major stationary

source due' to fugitive emissions, to the extent that they are

quantifiable, unless the source belongs to:

i. any category in Table A in LAC 33:I1I.509; or

ii. any other stationary source category which, as of

August 7, 1980, is being regulated under Section 111 or 112

of the Act.

e. A stationary source shall not be a major stationary

source due to secondary emissions.

•••

[See Prior Textl

853 Louisiana Registsf Vol. 21, NO.8 AuguSI 20, 1995
David W. Hood

SeniorFiscal Analyst

NOTICE OF INTENT

artment of Environmental Q

Office of the Secretary

FISCAL AND ECONOMIC IMPACT STATEMENT

FOR ADMINISTRATIVE RULES

RULE TITLE: Nonattainment New Source Review

Gus Von Bodungen

Assistant Secretary

9508#084

James B. Thompson, III

Assistant Secretary

Environmental Quality

Act, R.S. 30:2001 et ., an in accordance with the

provisions of the Administra 've rocedure Act, R.S. 49:950,

et seq., the secretary gives no' e that rulemaking procedures

have been initiated to am d e Office of the Secretary

Regulations, LAC 33:I.C pter 69 g OSI8).

. The proposed rule ould esta .sh requirements for

responding to off-so transportation related emergency

incidents, timely moval of abandon containers. and

creation of emer cy response storage faci ies.

The regulat' n is needed to clarify t and

responsibiliti of persons involved in emergen response

situations. etter clarification will result in mor efficient

response emergency incidents.

Th proposed regulations are to become

pubr ation in the Louisiana Register.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Radiation

Protection, Air Quality Division, LR 19:176 (February 1993),

repromulgated LR 19:486 (April 1993). amended LR 19:1420

(November 1993), LR

I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO

STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

There will not be any implementation cost (savings) to state

or local governmental units.

n. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF

STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

There will not be any effect on revenue collections of state

and local governmental units.

m. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS

TO DIRECTLY AFFECTED PERSONS OR

NONGOVERNMENTAL GROUPS (Summary)

There will not be any costs and/or economic benefits to

directly affected persons or nongovernmental groups.

IV. ESTIMATED EFFECT ON COMPETITION AND

EMPLOYMENT (Summary)

There will not be any effect on competition and employment.

Table I

Major Stationary SourcelMajor Modification Emission Thresholdl

MAJOR

MAJOR

STATIONARY

MODIFICATION OFFSET

SOURCB Significant Net RATIO POU.UTANT Threshold Minimum Increase , 'duel

(toni/year) (tons/year)

OZONE Trigger Valuel

VOC

100 40 (40)' 1.10 to 1

MarginaJi 100 40 (40)' 1.15 to I

Moderate SO 2S' (5)' 1.20 to 1

Serioul 2S 2S' (5)' 1.30 to 1

Severe

CO

Moderate 100 100 >1.00 to 1

SeriOUI SO SO >1.00 to 1

SO, 100 40 >1.00 to 1

PM••

Moderate 100 15 >1.00 to 1

Serioul 70 15 >1.00 to 1

Lead 100 0.6 >1.00 to 1

1 For those parishes which are designated incomplete data or

transitional nonattainment for ozone, the new source review

rules for a marginal classification apply.

2 Consideration of the net emissions increase will be

triggered for any project which would increase emissions by

40 tons or more per year, without regard to any project

decreases.

J For serious and severe ozone nonattainment areas, the

increase in emissions of volatile organic compounds resulting

from any physical change or change in the method of

operation of a stationary source shall be considered significant

for purposes of determining the applicability of permit

requirements, if the net emissions increase from the source

equals or exceeds 25 tons.

4 Consideration of the net emissions increase will be

triggered for any project which would increase volatile organic

compound emissions by five tons or more per year, without

regard to any project decreases, or for any project which

would result in a 25 ton or more per year cumulative increase

in emissions after November 15, 1992, without regard to

project decreases.

VOC = volatile organic compounds

CO = carbon monoxide

S02 = sulfur dioxide

PM10 = particulate matter of less than 10 microns in diameter

AUTHORITY NOTE: Promulgated in accordance with R.S.

30.2011.

Louisiana Register 'obI. 21. No.8 August 20, 1995 854
...- CAPITAL CITY PRESS

Publisher of

THE ADVOCATE

PROOF OF PUBLICAnON

AD.

My Commission Expires: Indefinite

Sworn and subscribed before me by the person

whose signature appears above in Baton

Rouge, La. on this

21

The hereto attached notice was published in

"rHE ADVOCATE, a daily newspaper of general

circulation, published in Baton Rouge, Louisiana, and the Official Journal of the State of

Louisiana, the City of Baton Rouge and the

Parish of East Baton Rouge, in the issues of:

AUGUST 21,

DepartmentOf Environmental Quality , Office Of Air Quality end Radiation Protection ' Underthe authority of the Lou\- ' alana Environmental Quality Act' La. R.S. 30:2001 at aeq. and In ' 8CCOldance wtth the prO,na!o of the' Admlnlstrallve ProeedU':: ' Act, La. R.S. 48:950, at Hq., the:

aectetaty ,gtvea 'notice thllt i

Nlemakfng Procedur.. have'

been Initiated to amend the Air:! Quality ,Olvle/on Regutatlona

LA.?~:"1.504,ILog "'AQl27)~ ,'.

NOX'~ that reference to to 'beremoved, .. a pollutant 'nonattal cootrolled '" under . ao that::::In LAO 33:/11.604,

'contral exem:o...~fOr. J

182(f)(1) olthaCle.nAl~~ni

,

'

'33~504", NOX .. a pollutant~~Ulatlon =-=(LAO, :I

controll«l under i'lonattalnment. In orderto qualifyfor a control e,,- emption under HQUon 1ezm(1) " ltIl. ref8rence muat be del8teci ' ~C33:1ll.504,":' ,'" I '~re to' ~~utatlona \

,,~~!~~In~e~~~~ " ' A publlo I1aarlng. WllI'be 1

':on $eptllmbe, 25, 1995, at I '~m. In the Maynald Ketcham, ~oorn326), 7290 Blu.. 1

LA70810.m:=e:-~~ Invtted to attend and aubmlt oral

com....,.." 'Oft ¥ Ille proPOMd

arnenctma.......~u1d IndlVlduale

-WIth a dlMblllty~ iiCt:Oin- .'

, mod8llor\.1n order to'c:=:I:t8 !

I~~~Cl(;::J I (504)7l15-O31l8.,,",<,":..,- '.: "'Tl''!llr'' , A1llnt_ad per-._'M.' I,ad to aubmlt wntlen.OClmmen19 ' on the, propoMd' rwgulatrc>na.

Commentora ,ahoufd :i1Iference

tim propoaad regulation by the I Log tl'AQ127. Suctl oommenta ' 'ahould be .ubmlttecl no later I than October 2.,1995, at 4:3O! p.m., 10 PateY Oeavtlla,'rwatlg. I tIOna and Regulation DevelOp- i mont OIVl.'on, Poet 0ffI0e eo.. I 82282. Baton Rouge, LA, I

70884-2282 or to 7'290 Bluebon- ' nel eow-rd. 4th floor. Baton i

Rouge, LA, 70810 or to fill( i

number 1504)785-0488. CopI.. !

of 1111. ptOpOMd regulation cet\ i

be purchaaecl at the ab<we refer. : enced add..... You may contact' the Inveatlgat/oMlInd Reg..... :

tIon l504) DMalOn at ....--.... fOr pIIclng 1nfOr.

matiOn. Check or money order Ie reqUired In' adVance fOr, NCtlI

copyofAQ127. ,"<':," ,

ThIa propoaecl' Ie· ll\Iallable fOr lnapeetion al tha foI.

lowing OEQ ol!iC<t IocallOna from 8:00 a.m. umll 4:30 p.m.: 7290 Bluebonnet Boulevard. 4th Floor Baton Rouge, LA 7Oal0' eo4 31.1 SI.-, Monroe,. LA 71203;,

State OffIce Building. 1625 Fairfield Avon.... Shreveport LA 71101; 3519 PalrlCk Slreet, Lake Chari.., ..... 70605; 3501 Cha- teau BouI8vllId Weal" Wing Kenner. LA 70605: 100 Aarn8 ~~, Sulle 151, Lafayette, '\

.~=.=MPSON.1l1 . ,

~e7'2..ug2t,,~ .

778712

AQ127
PUBLISHED MORNINGS

221 JEFFERSON STREET

LAFAYETTE, LOUISIANA

MAIUNG ADDRESS:

P. O. BOX 326B

LAFAYETTE, LA. 70502

AFFIDAVIT OF PUBLICATION PHONE: (31 Bl 235-B51 1

FAX: (31 Bl 237-B94O

Ii (03 -90-0/ rz

Ad Total

Inch/Sq. Count

Ad Number

In order to ensure proper credit,

please refer to your invoice number

and/or account number when making paymenL

STATE OF LOUISIANA

PARISH OF LAFAYE~

I, ~;J(... ~. do .o'.mo'y owea, .... ,om tho

LEGAL CLERK of THE ADVERTISER, a newspaper pn ed and published at Lafayette, in the Pansh of Lafayette. State

of Louisiana, and that from my personal knOWledge and reference to the files of said publication the advertisement of :

*

was pUblished in THE ADVERTISER on the following dates:

*

*

*

*

*

*

Legal Clerk

Sworn to and subscribed before me on thisc:::2Y:-i4. day of ~vo:f-.19915

Notary Public
18571

NOT!Ce eF' i'f'EN'T

Department 0/ EnvIronmental Quality

Office of Air Quality and

Radiation Protection

Under the authority Of the

Louisiana Environmental

Quality Act, La. R.S. 30:2001

et seq., and In accordance

with the provisions of the

Administrative Proceaure

Act, La. R.S. ~9:95Q, et seq.,

the secretary gives notice

that rulemllklng procedures

have been 1I11tlated to amend

the Air Quality Division Reg- ulations, LAC 33: lll.so~, (Log

,AQ1271.

It Is proposed that refer- ence to NOx be removed. as a pollutant to be controlled

under nonattalnment In LAC 33:1I1~, 50 that the State

may qualifY for· a control

exemption under sectIon

182(f) (1) of the Clean Air Act.

The Existing regulation

(LAC 33: III.~) makes refer- ence to NOX as a pollutant that must be controlled under

nonattalnment. In order to

qualify for a control exemp- tion under section 182(f)(1),

this reference must be

deleted from LAC 33: 1II.so~.

These proposed

regulations are to become

effective upon publicatIon In

the Louisiana RegIster. . A public hearing will be

held on September 25, 1995, at

1:30 p.m. In the Maynard Ket·

cham Building,· (Room 326),

7290.. Bluebonnet Boulevard,

Baton Rouge, LA 70810. Interested persons are Invited to

attend and su~mlt oral com- ments on the proposed amendments. Should IndIvIduals with a disability need an accommodation In order to

participate polease contact

Patsy Deavllle at the address

given below or at (50~)765-

0399:- • All Interested persons are Invited to submit written

comments on the proposed

regulations. Commentors

should reference this

proposed regulation by the

Log IAQ127. Such comments

should be submitted no later

than October 2, 1995, at ~:30

p.m., to Patsy Deavllle,

InvestigatIons and

Regulatlon Development

DivisIon, Post Office Box

82282, Baton Rouge, LA,

70864-2282 or to 7290 Bluebonnet· Boulevard, ~th Floor,

Baton Rouge, LA, 70810 or to

fax. number (50~)765-0~86.

Copies of this proposed regu- lation can be purchased at the

above referenced address.

You may contact the Investigations and Regulation

Development Division at (50~) 765-0399 for pricIng

Information. Check or money

order Is required In advance

for each copy of AQ127. . This proposed regulation Is available for Inspection at

the followIng DEQ office locations from 8:00 a.m. until ~:30

p.m.: 7290 Bluebonnet Boulevard, ~th Floor, Baton Rouge,

LA 70810; 80~ 31st Street,

Monroe, LA 71203; State

Office Building. 1525 Fairfield

Avenue, Shreveport, LA

71 101; 3519 Patrlc'll Street,

La'lle Charles, LA 70506; 3501

Chateau Boulevard West

Wing, K="I:e: ; .LA4060Si 100

Asma BOUlevard, SUite 151,

Lafayette, LA 70508., .

i

James B."Thompson, 1(/ Assistant Secretary
3800 HOWARD AVENUE, NEW ORLEANS, LOUISIANA 70140-1097 TELEPHONE (504) 826-3206

State of Louisiana

Parish of Orleans

August 17, 1995

Legal Notices

Sworn to and subscribed before me this

Baton Rouge, IA 70884-2282

P.O. Box 82282

Re: Wg No. AQ127

Personally app~ared before me, a Notary in and

for the parish of Orleans, Robert-J. Chiasson

who deposes and says that he is the Accounts

Receivable Manager, of the Times-Picayune

Publishing Corporation, a Louisiana Corporation, Publishers of The Times-Picayune, Daily

and Sunday, of general circulation; doing

business in the City of New Orleans and the

State of Louisiana, and that the attached

City of New Orleans

Advertisement of__~Enf~o~r~~~~~t~&~~~~a~to~ry~ _

Was published in The Tines Picayune

on the following dates

_JI....7ut:.J..bl...-.._---::daY 0 f

NonCE OF INTENT

Dec>llrt..-t 01 Envlronmenlal Qullllty 0IIICe 01 Air Quality and Radiation Prol8d1on

Under the authority 01 the Lour- , slana Environmental QualitY'

~C!a~"::';':-~~ett..~r:~I~ s10ns 01 lhe Administrative Pro-

~r~A~.~·~IV:"~IIt.: Iha' rulemaklno IIrocedures heve been Initiated to amand the Air QualilY Dlvl.lon Regula- tlons~. LAC 33:111.504, (LOll No. I

AQlu). ' ,,'

It Is IIrGIIOsed thaI reference to NO>< be removed, as a'IIOUutanl 10 be conlrolled under noMtl~:::~~ISt~'e~y :';~l~tOrs: conlrol axemlltlon under section 182(1)(1) oIlhe Claan Air AC!.·

The exlsllllll regulation (LAC 33:111.504) makes reference 10 NOx as a IIollulant Ihal must be controlled under nonanaln- I ment. In order to Qua/ltv lor a

I

control exemllllon under section 182(1)(1),lhls reterence must be I deleted tram LAC 33:111.504.

I ~~:':;:~~Ir::~~':ugfi! callan In Ihe Louisiana Regis- ter.

A lIubliC hearlno will be held on

f:r~~n~rdlr!~lc~~~~il~~ Ino, (Room 326), n90 Bluebon- net Boulevard, Baton Rouge, LA 70810. Inl.rested IIOrsons er. In- vited to ehand end submit oral comm.nl. on Ih. IIrollo.ed amendment•. Should Individual. wIth a dIsability need an accom- modallon In order to lIartlclll8te ol.a.. conlaC! Pats~eavllle al

l~r12~J.,v.n low or at

, ~\leJnl~e;:,e:ml:"~rJe:r~o~:

I

menl. on Ihe IIrollOsed regula- lion•• Comm.nlor••hould ref.rr~it::·~~~~~~f."~~bt'I~~~! ments should be submlhed no later lhen October 2, 1995, al

~;~I~j,'1lon'":n~t"rl~.:l:"g~'d~ veloomant Dlvl.lon, Post Office

~~~~'orBI~t~R81~~~n'n:l Boul.vard, 4th Floor, Baton

~,.ur:o..~6l~~'C~1I1:: ~ul~; IIrollOSed regulation can be IlUr- chased al Ihe above r.ferenced .ddr.... You may. contact the Inve.tloatlons and Reoulatlon Develollm.nl Dlvl.lon at (5041 765-0399 lor IIrlclno Informa- tion. Check or mon.y order Is required In advance lor each COllY 01 AQl27.

ThIs orooo.ed reoulatlon Is available lor In.oectlon at the followlno DEQ office location. Irom 1:00 a.m. unttl 4:30 p.m.: n90 Bluebonnel Boul.vard6l4th

~~or~ 1~atgr":'f,u0t\ol;foe~ ~~.

~~,~iefJat~~~~: B~~~~:,;~~ ! LA 71101; 3519 Patrick Street! Lake Charle., LA 70605; 350 Chateeu Boulevard We.t WIno,

~~~:::,;rk'\urr~~l, 1~fa~~W:' LA 70508.

James B. Thomo.on, III Assistant Secretary

FORM 18&-N

My commission expires at my death.

o EAST JEFFERSON ADVERTISER 0 WEST BANK ADVERTISER 0 ST. TAMMANY ADVERTISER 0 EAST NEW ORLEANS ADVERTISER 0 ST. BERNARD ADVERTISER 0 RIVER PARISHES ADVERTISER

THURSDAY AND SUNDAY

o LAKE FRONT ADVERTISER 0 ORLEANS ADVERTISER 0 UPTOWN ADVERTISER 0 MIDTOWN ADVERTISER

-----------------------------THURSDAY-------- _
ment 01 Environmental

QualIfy OIIIee 01 Air Quality and ROOlatlon ProlecIlon. Undef !tie aulharilY at

the Loulliono Envlronmen101 Quality Act, La: R.S. 1

30:2001 .r' ••Q., and In !

accordanc. wIIh !tie proYisiona 01 the Admlnl.traIIY. Proc.dur. Acl, La.

R.S. 49:950, .t 18q., the

secretary gtve. nottc. that

rul.maklng proc.dur••

hay. been (nlttat.d to

amend !tie AIr QuaIlly DIYI.lon Regulation.,' LAC

33:tIl.5G4, (Log IAQI2n. It

II propoI8d that ""_

to NOx be removed, CII a · pollutant to b. contralled

und.r 1I0nattalnm.nt In

LAC 33:III.S04, 10 thai the

.Stat. may Quality lor a I

contral .x.mptlon under

••clton 182(1)(1) of the

Clean AIr Act. 1M .JtIItIng

r.gulatlon (LAC 33:III.5(W)

mak.. rel.rence to HOx

a. a pollutant that mUit

, be' contrOlled under non- I attainment. - In order to·

quality lor a control ex- : emplton under I8Clton · 112(t)(I), thl. r.terence

must"be d818h1d tram LAC

.33:III.so.. TheM propoeed

reguIattonI en to b8corne

8IIectIY8 upon publication

· In the Louiliana Regllt.r.

: A public hearing will be

h.ld on sept.mber, 25'1

1995, at 1:30 p.m. In !tie

I Maynard K.tchqm IuUdlng, (Room 326), 7290 I

· Bluebonnet louIeyard, 110- I

ton Rouge, LA 70110. In-

"'r.lted perIOIlI or. 1nvlI· \' ed to attend and IUbmll

oral comments on the 'I I p.roopO.ed. am.ndm.nts. ,I ~ShouId Indlvldual. wtth a

Ldllabluty need an accom- -modatton iii, Of'd« to pcjr... · Itctpat. pl8aM contact

Palsy Deovllie at the 00- i' dr... glv.n, below or at

(504) 765.0399. An In19r·

..ted persona are invited I

to .ubmlt written com· I

ments on the propOI8d I

regulations. carnm.ntor.

Ihould reference thll propo.edregulatlon by the , Log IAQI27. SUCh com·

menl. Ihould be .ubmll- ,'hid no Ioter than 0c:tab8f

2, 1995, 01 4:30 p.m., to

Patty DeovlUe, IlIYe.ttga-

. lIoN and Regulation D..

Yelopment DIYIsIon, Po.t

,0000ce Box 12212, Baton

, Rouge, LA, 706U-2212 or

to 7290 8Iu8bonn8t louie·

'yard, 4th floori latOn

I Rouge, LA, 70810 Of to lax

I number (504) 765-0-486. I (:()pI.. 01 thll propo18d

regulation .can be pur·

chCIIed at !tie above rel-

.r.nced addr.... You

may contact ·the Iny••tt·

gattons and Regulation

Deyelopment DlYIllon at

• (504) 765.0399 lor pricing

Inlormalton. Ch.ck or

money order II required In

advance lor each copy of ' AQ127. ThIs proposed reg.

uIotton II available Iof In-

.pectton at the following

DEQ attic. locations Irom

1:00 a.m. unltl 4:30 p.m.:

7290 Bluebonn.t Boul.·

Yard, 4th Floor, 8<llon

Rouge, LA 7081 D; ao4 311t

SIr••t, Monroe. LA 71203;

State OllIe. lulldlng,ms..- fairfield Ayenue, Shreye·

port, LA 71101; 3519 Patrick Street, lake Charle"

LA 70605; 3501 Chat.au

Bolllevard We.t Wing,

Kenner, LA 70605; 100 A.·

ma Boul.Yard, Suit. 151,

lalayett., LA 70501.

Jame. B. Thompson, III,

A»'stant Secretary. The

n~: August II, 1995.

arhrQ[imt5

PROOF OF PUBLICATION

STATE OF LOUISIANA

PARISH OF CADOO

Before me, the undersigned authority, personally came and appeared

--:...A:..:.l...::t.:.:.he::.;a:.;s:.....::C:.:.r...:.i...::t...::t.:::,.on:.:..... , personally known

tome,who beingduly sworn, deposes and saysthatshe isthe Assistant to theClassified

Advertising Manager of The Times, and that the attached advertisment entitled:

NOTICE OF INTENT (Log #AQ127) Department of

as per copy of advertisement hereto annexed, was published in The Times on the

following dates towit:

August 18. 1995

Sworn to and subscribed before me

t... hi..... s ----'1...,,8<--__day o'Lf_......!...A~u:..:;g'-"UL>!S""'t'-- 19....9..5...

ARY PUBLIC

OUISIANA

,IS FOR UFE
2

3

4

5

DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY REGULATIONS - LOG NO. AQ127

PUBLIC HEARING

SEPTEMBER 25, 1995

6 MS. DEAVILLE:

7

8

9

Good afternoon. My name is Patsy Deaville. I'm

employed with the Louisiana Department of Envirormental

Quality. I'll be your Hearing Officer this afternoon to

10 receive comments regarding proposed am:ndments to the

11 Air Quality Division and Emergency Response Regulations.

12 The comment period for these amendments began on

13 August 20, 1995, when the Notice of I~tent was published

14 in the Louisiana Register. The commer.t period for these

15 amendments will close at 4:30 p.m. on October 2, 1995.

16 It would be helpful to us if all oral comments received

17 today were followed up in writing.

18 This public hearing provides a forum for all

19 .".

20 .

21

22

23

24

25

26

27

28

29

30

interested parties to'present comments on the proposed

changes. I'll ask that each commenter begin by stating

their name and affiliation for the record.

The first proposed rule change is designated by the

Log No. AQ127. This rule change amends the Air Quality

Division regulations. The existing regulation, LAC

33:111.504 makes reference to NOx as a pollutant that

must be controlled under nonattainrnent. It is proposed

that this reference to NOx be removed to agree with the

deletion of LAC:33.III,Chapter 22.

The origin~l Notice of Intent for AQ127 errcneously

stated that this deletion was in order to qualiiy for

-1-

ACADIANA REPORTING SERVICE

P. o. BOX 53661

LAFAYETTE. LOUISIANA 70505-3661
control exemption under Section l82.F.l of the Clean Air

2 Act. This is not the case .

.3 Comments will begin with Henry Graham.

4 MR. GRAHAM:

Louisiana Chemical Association.

Good afternoon. My name is Henry Graham. ~'m

nonattainment area and we believe that the removal of

We will provide written comments ~o DEQ b~fore the

Some

LCA is a trade association represe~ting chemical

NOx and the application to EPA for the exemption is

Environmental and Legal Affairs Director with the

manufacturers in the State of Louisiana. Many of our

appropriate.

strategy is the preferred strategy for the Baton Rouge

pollutant criteria. We have participated with DEQ in a

number of studies that have shown that VOC control

therefore, will be impacted by the proposed rule.

LCA supports the removal of NOx as a nonattainment

companies are sUbject to Air Quality Regulations.

of our members are in nonattainment a~eas, and

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20 . I

21 expiration of the comment period. ThC:.1k you.

22 MS. DEAVILLE:

23 Thank you, Mr. Graham. Does anyone else care to

24 comment on this regulation?

25 (No response.)

26 If not, the hearing on AQl27 is closed.

27 CERTIFICATE

28 I, MARGARET MORVANT, Certified Cc.urt Reporter, do

29

30

hereby certify that the foregoing testimony was ~eard

before the Honorable Patsy Deaville, Hearing Officer, on

-2-

ACADIANA REPORTING SERVICE

P. o. BOX 53661

LAFAYETTE. LOUISIANA 70505-3661
2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20 '".

21

22

23

24

25

26

27

28

29

30

September 25~ 1995, in Room 326, Maynard Ketcham

Building; Baton Rouge, Louisiana; that I did report the

proceedings thereof; that the foregoing pages, numbered

1 through 3, inclusive, constitute a true and correct

tr.script of the proceedings thereof.

-4~~~ Certified Court Reporter

-3-

ACADIANA REPORTING SERVICE

P. O. BOX 53661

LAFAYETTE. LOUISIANA 70505-3661

(318)261-0675
Comments Submitted For

Removal of NOx as a Nonattainment Pollutant

LAC 33:ill.504

Log # AQ127

COMMENT #

1

2

SUBMITTED BY

Henry Graham /Louisiana Chemical Association

Richard T. Metcalf I Louisiana Mid-Continent Oil

and Gas Association
COM:MENT 1:

RESPONSE 1:

COM:MENT 2:

RESPONSE 2:

Comments Submitted For

Removal of NOx as a Nonattainment Pollutant

LAC 33:ID.504

Log # AQ127

. General. The commentor supports LDEQ's request for a §182 (t)

(1) exemption from EPA and the removal of NOx as part of the ozone

attainment control strategy.

The Department of Environmental Quality (DEQ), Air Quality Division

(AQD) agrees with this comment.

General. The commentor supports the proposed amendments

which are consistent with the federal determination that NOx is not a

precursor to ozone.

The DEQ/AQD agrees with this comment.
KLLI:.

olarsliip and Grant Manual

udent Financial Assistance Commission

fice of Student Financial Assistance

Miscellaneous Amendments

(LAC 33:\11.509, 918, 919,

2123, and 3107)(AQI36)

RULE

9605#037

Department of Environm'ental Quality

Office of Air Quality and Radiation Protection

Air Quality Division

Jack L. Guinn

Executive Director

Under the authority of the Louisiana 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 has amended the Air Quality Division

regulations, LAC 33:III.509, 918, 919, 2123, and 3107

(AQI36).

This rule will provide miscellaneous corrections in Chapters

5, 9, 2 I, and 31. It will remove newly designated ozone

attainment parishes from tables in Chapters 5 and 9 and add

Livingston Parish to §509 that was omitted in error. It will

also correct a mailing address in Chapter 31, remove a

reportir.g requirement in Chapter 9, and clarify LAC

33:111.2123 to include oilfield tubulars and ancillary oilfield

equipment.

This rule meets the exceptions listed in R.S. 30:2019(0)(3)

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

environmentallhealth benefits and social/economic costs is

required.

RULE

Carole Wallin

Executive Director

Carole Wallin

Executive Director

9605#042

After Standard 6.105. 3 (course cred for religion) amend

the following procedur. I block to read:

"A maximum offi ur units in religion hall be granted to

students transferring rom state-approved p vate and sectarian

high schools. Thos credits shall be accept in meeting the

requirements for gh school graduation."

(NOTE: the stan ard currently allows two um s.)

* * *

';\ny stZlndard(s) affected by Inser1lng a :lew stZlnaarJ will De

ren mbered accord ing Iy.

C mplete text of the amendments to Bulletin 741 are

avail ble at a cost of $2 from the Office of the State Register

Fifth loor, Capitol Annex. Please reference docume t

9605# 2.

In accordance wit R.S. 49:950 et seq., th Administrative

Procedure Act, the oard of Elementa and Secondary

Education adopted the ollowing amendme ts to Bulletin 741,

Louisiana Handbook School Admini rators, Public and

Nonpublic.

Nonpublic School Stan rds

Amend Standard 6.016. 5 to read:

"All members of the in truction't staff teaching seculaf

subjects, Pre-kindergarten tough 2, shall have received a

bachelor's degree from a regi all accredited institution."

Add a procedural block afte S andard 6.016.15 to read:

"Staff members teaching rei ion at the high school level

(9-12) for Carnegie units have a minimum of a

bachelor's degree." Staff me be teaching religion that do

not meet minimum qualificat"ons m y be retained in a school

provided they were employ during he 1995-96 school year

as teachers of religion."

Public School tandards

Standard 2. 05.23 amended to read:

"A maxi urn of four units in religion shall be

students tra sferring from state-approved private an

high scho Is who have completed such course wor

credits sh 11 be accepted in meeting the requirements

school aduation."

(NOT . the standard currently allows two units.)

AU HORITY NOTE: Promulgated in accordance

17:6,

Louisiana Register Vol. 22, No, 5 May 20, t 996 338
facility classes or

property. Point source is defined as the point of emission

which should have a Source Classification Code. Stationary

ource is defined as a group of point sources. Detailed

i structions are provided on an annual basis for completing

an submitting emissions inventories which defin

req irements applicable to facilities, point sources, ar a

sour es and mobile sources.

[See Prior Text in A]

I. Any facility in an attainment area or unclassifi area

that emit or has the potential to emit 100 tons per year; (TPY)

or more f any contaminant [including volatile organic

compounds VOC)] for which a National Ambient A Quality

Standard AQS) has been issued; or any fa ility in a

marginal, mo erate, or serious ozone nonattainme t area (See

Table I) that e its or has the potential to emit I TPYVOC,

25 TPY nitroge oxide (NO.), or 100 TPY car n monoxide

(CO) or any othe contaminant for which a N ~QS has been

issued; or any faci '1:)' that emits or has the pot ntial to emit 50

TPY or more of OC or 100 TPY or m re of any other

contaminant for Whl h a NAAQS has bee issued in an area

designated as an ozon adjoining area (Se able 2) to a listed

marginal, moderate, 0 serious ozone onattainment area.

(Potential to emit refe to the "allo abies" or permitted

emission limits in a facih 's permit.) f any pollutant meets

the criteria above, then a other air ollutants for which a

NAAQS has been issued ust be inc:uded in the report

regardless of level of emissi s..

•

• • • Ascension

Calcasieu

East Baton Rouge

Iberville

Livingston

Point Coupee

West Baton Rouoe

[See Prior Text in A-B.Baseline Area.2]

• • •

Title 33

ENVIRONMENTAL QUALITY

Part III. Air

Chapter 5. Permit Procedures

§509. Prevention of Significant Deterioration

• • •

[See Prior Text in B.Baseline Concentration-SA]

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, Air Quality Division, LR

17:478 (May 1991), LR 21: 170 (February 1995), LR 22:339 (May

1996).

Chapter 9. General Regulations on Control of

Emissions and Emission Standards

§ 8. Recordkeeping and Annual Reporting

Da for emission reports should be capture annually.

These r orts are to be submitted to the depart nt by March

31 of eac ear (for the period January I to ecember 31 of

the previo year) unless otherwise Irected by the

department. e report should include a data applicable to

the emission sou e or sources which y be required under

LAC 33:III.919.A.

AUTHORITY NOT' in accordance with R.S.

30:2054.

HISTORICAL NOTE: rom gated by the Department of

Environmental Quality, Office Air Quality and Nuclear Energy,

Air Quality Division, LR 13:74 ( ecember 1987), amended by the

Office ofAir Quality and Ra . tion otection, Air Quality Division,

LR 22:339 (May 1996).

§919. Emission Inve ory

Emission in vento data shall be sub . ed to the Louisiana

Dep_artment of E ironmental Quality (

media in the fo at specified by the Air ality Division.

Facilities wit less than five point sources, ay elect to

submit Emi IOn Inventory Coding (EIC) forms i lieu ofthe

magnetic edia. Facilities are defined as all emissi points,

fugitive area, mobile, under common control on cont" uous

)

339 Louisiana Register Vol. 22, No.5 May 20, 1996
FINAL RULE/MAY 20, 1996

Title 33

ENVIRONMENTAL QUALITY

Part III. Air

Chapter 5. Permit Procedure.

5509. Prevention of Significant Deterioration

* * *

[See Prior Text in A-B. Baseline Area.2]

Ascension Lafayette

BeaurelJard Lafourohe

Bossier Orleaf\s

Caddo Point Coupee

Calcasieu st. Berf\ard

East Baton Rouge st. Charles

Gratlt st. James

Iberville st. Mary

JeffersonLivingston West Baton Rouge

AQ136

* * *

[See Prior Text in Baseline Concentration-S.4]

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, A~r Quality Division, LR

17:478 (May 1991), LR 21:170 (February 1995).

1

-.
* * *

[See Prior Text in A]

I. Any facili in an attainment are or unclassified area

that emits or has t e potential to emit roo ns per year (TPY)

or more of an contaminant [inclUding volatile organic

compounds (Y C)] for which a National Am ient Air Quality

Standard ( AQS) has been issued; or an facility in a

marginal, m derate, or serious ozone nonattain ent area (See

Table I) t t emits or has the potential to emit I TPYVOC,

25 TPY trogen oxide (NO,), or 100 TPY carbon monoxide

(CO) or. any other contaminant for which a NAAQ has been

issued or any facility that emits or has the potential to emit 50

TPY or more of VOC or 100 TPY or more of an other

co aminant for which a NAAQS has been issued in a area

d signated as an ozone adjoining area (See Table 2) to a II ted

arginal, moderate, or serious ozone nonattainment ar .

(Potential to emit refers to the "allowables" or permitte

emission limits in a facility's permit.) If any pollutant meets

the criteria above, then all other air pollutants for which a

NAAQS has been issued must be included in the report

regardless of leve I of emissions.

.'\UTHORITY NOTE: Promulgaled in accordance with R.S.

3()205~.

HISTORICAL NOTE: Prornulgated by the Department ot'

Environmental Quality, Office of Air Quality and Nuclear Energy,

Air Quality Division, LR 13:HI (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:

Chapter 9. General Regulations on Control of

Emissions and Emission Standards

§918. Recordkeeping and Annual Reporting

Data for emission reports should be captured annually.

hese reports are to be submitted to the department by March

3 of each year (for the period January 1 to December 31 0

the previous year) unless otherwise directed by t e

depa tment. The report should include all data applicabl to

the el ission source or sources which may be required der

LAC 3 :111.919.A.

AUTH RITY NOTE: Promulgated in accordance Vol th R.S. "

30:2054

HISTOR AL NOTE: Promulgated by the DeR rtment of

Environment I Quality, Office of Air Quality and Nu ear Energy,

Air Quality Dision, LR 13:741 (December 1987), a ended by the

Office of Air Qu lity and Radiation Protection, Air ality Division,

LR 22:

§919. Emission nventory

Emission invent data shall be submitt (j to the Louisiana

Department of Eny' onmental Quality EQ) on magnetic

media in the format pecified by the ir Quality Division.

Facilities with less tli n five point ources, may elect to

submit Emission Invent • Coding ( C) forms in lieu of the

magnetic media. Facilitie are defi d as all emission points,

fugitive, area, mobile, und r com on control on contiguous

property. Point source is fi d as the point of emission

which should have a Source ssification Code. Stationary

source is defined as a gro of point sources. Detailed

instructions are provided 0 an nnual basis for completing

and submitting emissi ns in entories which define

requirements applicable to facili 'es, point sources, area~.

sources and mobile sou ces.

Richard England

Assistant to the

Legislative Fiscal Officer

NOTICE OF INTENT

Ascension

Calcasieu

East Baton Rouge

Iberville

Livingston

Point Coupee

West Baton Rouge

[See Prior Text in A-B.Baseline Area.2]

[v. ESTIMATED EFFECT O:"i COMPETITION AND

EivlPLOYMENT (Summar;)

There will be no dfecl on competition and employ~nent.

Department of Environmental Quality

Office of Air Quality and Radiation Protection

Air Quality Division

[See Prior Text in B.Baseline Concen/ra/ion-SAj

Miscellaneous Amendments

(LAC 33:III.509, 918, 919,

2123, and 3107)(AQI36)

Under the authority ofthe Louisiana 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 Quality Division

regulations, LAC 33:I1I.509, 918, 919, 2123, and 3107

(AQ 136).

This proposed rule will provide miscellaneous corrections

in Chapters 5. 9,"21, and 31. It will remove newly designated

ozone attainment parishes from tables in Chapters 5 and 9 and

add Livingston Parish to §509 that was omitted in error. It

will also correct a mailing address in Chapter 31, remove a

reporting. requirement in Chapter 9, and clarify LAC

33:III.2123 to include oilfield tubulars and ancillary oilfield

equipment.

This proposed rule meets the exceptions listed in R.S.

30:20 19(D)(3) and R.S. 49:953(G)(3), therefore, no report

regarding environmentallhealth benefits and social/econom ic

costs is required.

Title 33

ENVIRONMENTAL QUALITY

Part III. Air

Chapter S. Permit Procedures

§509. Prevention of Significant Deterioration

* * *

. Gus Von Bodungen

Assistant Secretary

9601#042

Louisiana Regiseer Vol. 22, No.1 January 20, 1996 42
'.,

[See Prior Te in A-B.A Iroleum]

Petroleum Liquids-petr leum condensate, and any

finished or intermediate produ s anufactured in a petroleum

refinery.

Storage Vessel-each tank, re rvoir, or container used for

the storage of volatile organic iq ids but not including:

I. frames, housing, uxili ry supports, or other

components that are not dire tly inv Ived in the containment

of liquids or vapors; or

2. subsurface caver s or porous ock reservoirs.

* * *

Title 33

ENVIRONMENTAL QUALITY

Part Ill. Air

Chapter 31. Standards of Performance f

Stationary Sources

tandards of Performance for Storage

essels for Petroleum Li ids (Subpart

Ka, and Kb)

§3301. Standards f Performance for YJolatile Organic

Liquid Stor oe Vessels (Includ' g Petroleum

Liquid Stora e Vessels) for W ich

ConstruCtion, econstructio, or Modification

Commenced aft r July 23, 84 (Subpart Kb)

provisions of the Administrative Procedure Act, R.S 49:950,

et seq., the secretary gives notice that rulemakmg procedures

have been initiated to amend the Air Quality Division

regulations, LAC 33:1[l.330I.B (AQI34).

It is proposed that LAC 33:III.3301B.Point o/Custody

ans/e/ue deleted from the state regulations as it is not part

o the federal regulations. This action was requested by t

reg lated cOJTImun ity and agreed to by the Department f

Envl onmental Quality.

Thi proposed rule meets the exceptions listed in .S.

30:20 I (D)(3) and R.S. 49:953(G)(3), therefore, no eport

regardin environmental/health benefits and social/ec

costs is r uired.

[See Prior Text n B.Reid Vapor Pre ure-G.7]

AUTHORITY NOTE: Promulgated in a ordance with R.S.

30:2054.

HISTORICAL NO Promulgated by tH

Environmental Quali y, Office of Air Quality and Radiation

Protection, Air Quali Division, LR 17:263.(March 991), amended

LR 21:682 (July 19 5), LR 22:

A public heari g will be held on February 29, 1 96, at 1:30

p.m. in the nard Ketcham Building, Room 26, 7290

Bluebonnet B levard, Baton Rouge, LA 70810. terested

persons are in ited to attend and submit oral commen on the

proposed a endments. Should individuals with a di ability

need an acc mmodation in order to partic ipate please c ntact

Patsy De ville at the address given below or at

765-039 .

All i terested persons are invited to submit writt n

nts on the proposed regulations. Commentors shoul

refer ce this proposed regulation by Log AQ 134. Such

com ents should be submitted no later than March 7 1996, at

4:3 p.m., to Patsy Deaville, Investigations and Regulation

D velopment Division, Box 82282, Baton Rouge, LA 70810

o to FAX number (504) 765-0486.

Richard England

Assistant to the

Legislative Fiscal Officer

NOTICE OF INTENT

A public hearing will be held on February 29. 1996. at i :30

p.m. in the Maynard Ketcham Building. Room 326, 7290

Bluebonnet Boulevard, Baton Rouge, LA 70S IO. 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 please contact

Patsy beaville at the address given below or at (504)765-

0399.

All interested persons are invited to submit written

comments on the proposed regulations. Commentors should

reference this proposed regulation by Log AQ 136. Such

comments should be submitted no later than March 7, 1996,

at 4:30 p.m., to Patsy Deaville, Investigations and Regulation

Development Division, Box 82282, Baton Rouge, LA 70810

or to FAX number (504) 765·0486,

1. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO

STATE OR LOCAL GOVERNMENTAL UNrTS (Summary)

There are some cost (savings) to D5Q in that personnel time

is no longer required to review a report and file space' is not

needed w maintain the report for the prescribed time.

II. ESTIMATED EFFECT ON REVENL'E COLLECTIONS OF

STATE OR LOCAL GOVERNMENTAL UNITS (Summary)

This proposal will nQt have any effect on revenue collections

of state or local governmentai units.

IlL ESTIMATED COSTS AND/OR ECONOMIC BENEFITS

TO DIRECTLY AFFECTED PERSONS OR

NONGOVERNMENTAL GROUPS (Summary)

Affected industries responding to Chapter 9 requirements

will no longer be required to submit one type of annual report

which will result in a savings of man hours and printing costs,

IV. ESTIMATED EFFECT ON COMPETITION AND

EMPLOYMENT (Summary)

This proposal will not have any known effect on competition

:-;Jd employment.

Point of Custody ansfer (LAC 33:1\l.J30

FISCAL A;'IID ECONOMIC IMPACT STATEMENT

FOR ADMINISTRATIVE RULES

RULE TITLE: Miscellaneous

James B. Thompson, III

Assistant Secretary

J. Dale Givens

Secretary

9601#045

Under th uthority of the Louisiana Environmental Q ity

Act, .. 30:2001 et seq., and in accordance with the

Louisiana Register Vol. 22, No.1 January 20. 1996 44
CAPITAL CITY PRESS

Publisher of

THE ADVOCATE

Sworn and subscribed before me by the person

AD.

Indefinite

96

My Commission Expires:

869508

V03-96-144, AQ136

whose signa!ure appears above In Baton

Rouge, La. on this

18 JANUARY

day of

JANUARY 18

PROOF OF PUBLICATlO~

The hereto attached notice was published in

THE ADVOCATE, a daily newspaper of 'general

'circulation, published in Baton Rouge, Louisiana, and the Official Journal of the State of

Louisiana, the City of Baton Rouge and the

Parish of East Baton Rouge, in the issues of:

;~~lm~~;?J~

,1~~E'''''0i·''''''~n<. :':~:i·~=.on·p~ft':' ·'~J, :~~~~tAtrQullllly DMlIion·~~! ,t;x:... y', · 'Underth...1CIiOtIroIlhe~-­ ....E~a.-yAd.

La. ,A.8;.,:lO;2OO1 .. MIl.; WId In .. ... ~.~.

·01 lhe·~iiItlw«;~.~ , Ad; La. ,A.a. ",e:850." eeq.. lhe.

,~'''gtvn.,. _ .. "", ',~,,~-''-'

bHnlnlllmtMI 10 "-'.N Nt;,'

QueIlIy' DMMln· ~,­ LAC 33:ld.liOll; ell. e1~. 2l:Q. II.·

3107 (Log "."0138 ),r. -.v~, •., <.

· ThIa p;ilpoMd rule ... pfOOlde:' . ,.,~~,In.:.

,~a'."21r8nd31O:::·J'

::=.n.~--~ In ~'& MIl .'WId.Ildd" ~on _I 10 e.c:tlon 100.-. w" omltIedln._.' wII... alSO correct. meIlnO .....1n

Chapter 31. remove a reportingrequirement In Ch8P\er II. and

cl8rtly LAC 33:111.2123 10 Include

oilfield tubulars and anclllIiry

ollfoeld aqutpmM1l. '..-·the , ThIa propoMd rule al<08Ptlon8l1ated In R.S. 3O:20te

(D) (3) and A.S.",e:lI53, (G) \3).

therelore. no oeport regardIng environment8"'-lth bene,its

and IlOcl8l1l1CO"OlTllC'CQ8Ia '" requ~ reguJallona

are 10 become eM'ect,ve upon publication In lhe Louisian8 Reg- .

iSI~r'public hearing will be ....Id

on February 29. 1996. al 1:30 p.m. In the Maynard Ketcham

Building. Room 326. 7290 Blue- t>onnBt Boul_rd. Balon Rouga.

LA 708 10, IntareslBd penoon. are

InvltBd 10 anand and aubmil oral

comrMnlS on the prop<:>s9d amendmenla. Should lndiYiclualll

with a disabliity need an aceom- modallon in order 10 partlClpale

please contact Patsy Oeavtlle al .

lhe address glYen beloW or el

(504) 765-0399.':.· A1llntereatBd persons are 1nvIt- 9d 10 aubmll writlen commenta : on lhe proposed regulationa,

Commenlora ahOUld relerence

Ihla proposed regulallon by the

Log II AOlae, Such.com"",,"" ShOuld be submm9d no laler lhan March 7.1996. at 4:30 p.m.;

10 Patsy Oeavllle. Investigations and Regulation DeYe\opment D~

vision. Post Ofllce 80_ 82282.

Balon Rouge. LA. 708100rto tax numt>er (504) 76~86, CoPIes .

ot this proposed regulation can be purchased a1 the above re'er~

enced address, You may cOmaCl -

the Investigations and ,~egula·

tion Development. OiVlstQn at.

(504) 76~99 tor priCing Inter- marion. Check or money order Is

requirBd In advance .Ior each copy of AQlae, Thill proposed regulation Is _""bIelor InspectIOn elttlelol- lowing DEO Office toeatiOflS from

8:00 a.M. unlll 4:30 p.m.: 7290 Bluebonnet BouIeYard. 4th Iloor.

Balon Rouge. LA 70810; - 31st Str_. Monroe. LA 71203: Stala 0lIic:e Building. 1525

Fairfield Avenue. Shreveport. LA 71101: 3519 Palrick Streel. Lake Charles. LA 70605: 3501 Cha- teau Boulevard west Wing. Kenner. LA 70065; 100 Asma Boulevard, Sulta 151. Lafayena.

LA 70508.

JAI,4ES B. THOMPSON. III Assistant Secretary

869508-jan 18-11
PUBLISHEO "ORNINGS

221 JEFFERSON STREET

LAFAYETTE. LOUISIANA.

.....IUNG ...OOIl£5S:

P. O. BOX 32.68

LAFAYETTE. LA. 70502.

PHONE: (3181 289·6300

FAX: (31 8J 289-6467

AFFIDA vIr OF PUBLICA nON

INCH COUNT

ADVERTISING COST

lAD NUMBER

Dca IACCOUNT NUMBER

TO:

In order to ensure proper credit, please refer to

your account number and/or ad number when making'

payment.

STA TE OF LOUISIAl\fA

PARiSH OF LAFAYETTE

I, CAROL S. LAFLEUR, do solemnly swear that I am the EXECUTIVE SECRETARY of

THE ADVERTISER., a newspaper printed and published at the City of Lafayette, Parish of

Lafayette, State ofLouisiana, and that from my personal k.nowledge and reference to the

files ofsaid publication, the advertisement of:

flO lah

was published in THE ADVERTISER on the following dates:

*

*

* *

* *

S\\'om to and subscribed before me this -~ q -~~,¥1£1~<?<k"""'lU{4-a:.L'£€.&O~"""--:::"'._' 1996

£-rULM.I/

Notary Public~k~/
; ....;:'......

........~:.; .

.:.'c .

...,:.;.....

. '-.... '..

:,'..

.~.~. ~~~. .-'

.•.

.. :..; .....

.. :-:>;:. -" _.'~ .. .. -:..::;;..- .::.... ;:-'. '.::.'

'~:~~,;?,;';i';'E ;'~':;,~(g,::,':' j{J~~:?::J,"~~.:c,f.i[~;,:1~C;;tt'i; . .~.. ......

Department of

Environmental Quality Office of Air Quality lind

Radiation Protection

AIr Qualify Division 'I

"·1

•,

".::...

Under the authority of the

Louisiana Environmental,

Quality Act, La. R.S. 30:2001 '

..:--~::- ~.- .... -:, :~~ .... -:'"..' ,"':'. -.

requirement In Chapter 9, and ",;:-.. ,~' "'. ..,: , ..,,. .. ," ., ,... -' ,•.

clarify LAC 33:111.2123 to :>,: Include oilfield tubulars lind, :,..... IIncIllllry oilfield equipment. I. '~••::':'.• ,.::

This proposed rule meets ..... " ',: " the exceptions listed In R.S. ' .. 30:2019 (D) (3) and R.S.'

49:953 (G) (3), therefore, no report regardIng: environmental/ health benefits and social/economic costs,

Is required.

These proposed

regulations are to become

effective upon publication In

the Lovlslana Register. A public hearing will be

I held on Pebruary 29, 1996, at

1:30 p.m.lt!~he Maynard Ket,

'.j" cham Building, ';oom 326, 7290 Bluebonnet Boulevard, allton Rouge, LA 70810. Inter' . ested persons are Invited to

attend and submit, oral com- . .' .. , ments 0(\ the p~oposed . ,.' ... , '.<

lImendm,:nts. Should Indlvld- ..... "", ....' '.. ,'" ullis wIth a disability need an '.,:'. '''... '''', ...... '. . " .. . '.. ' . ..

~~~~;~~~~~;~~~{1'!,:¥i~!~J?J~~!i~1"fi~t;:ti~;~1!~~~*~4,~,~i-

comments on the proposed ... .. ':. .. .. ,:'~ ..'

regulations. Com mentors ... ..

shOUld reference this • proposed regvlatlon bY the .. '-:1 Log 'AQI36. Such comments . ,. :,.. . ... ..' ,

,I should be submitted no later " co' .

rh2·;!f~Hf:r:~i:~~~~;~ h;~~~I~.;.~,,-~ ./l:~:;~.;-:",:,<: '." ;~.\., ;'~:'";',~·2.' ;..::::.~;;;",:':~:>·:~)~~t1;~:X:;:~:.{,':~i~; 3.';'::~;' .:,:~:~:f;~ <~~

:':'~'.".'~·"-·~"'I-':~':""~"'~:'~"':'<·'·':"" .. ' . _,"~·~ ...,~~,:~ ...~'.,;:.;,t ..·',.·r.~.·_J.::.·.~J,.~~.~' " .;....',f.:~.:;,~:·~·.:.!.f,'::,.·:"r: ..·.~.'.~:.,'·~ :"..·.~..~'.'~:·r, ..(~...::'...·.~.:·:.,.:~.,.~',,\,,:~,;,'~.,:.~',,".',~,.,;.',,: ,,_' ,or , f~ik~llii:::~~v:~:J~:~~~ to fax number (5O-oC) 765- ~1tt;t~~~~}i~~;;~:r')l:~!ttf~~%l~~~~~~~?i1t1?]:~~t~~:~i~:; Ih,~:~?";..ti",,,,~,)rt'l'0..:;;.:e:·?"'b'~'·o ;~"."".,,,~,,, i- N t".;71':t ..'~ ;:;'~'f~~ ;~;;';l/%>';'.: ,:r.'_"~:'-i.""<<:": 0486. Copies of this proposed r ",;~ '?::-"".;', ci,,,~,:,,~~·,;;. ',fi.: t~;': ~~"':~ ;~r: ":-''''::7'~..'!;:'·,tf!"i\ :' ."<'-- e<f.oL -:;:"~"'.'"';,O' ~,"t r-.'·~'·

regulation clIn be purchased i" ..' at the above referenced l

. j lIddress. You may contact the i t Investigations and,

Regulation Development· DIvision at (504) 765,0399 for:

pricing Informlltlon. Check or , money order Is required In:

advance for eaCh copy of: .. ,;. AQ136. ~~ ",' ... ... " '," This proposed regulation~··· ': .•.. '''''''', ,'..:,,: '.: '!" :.:.' .•.. ,,'. .'~' Is available for Inspection at : :' . " ',F ':.';.,,,,,;:.. ..."",')- , .' the following DEQ office 10cll.· .., ,c'=';. ,,,: : ..•:::..:

.. -,;; .,..'i, .".·:t;...~~; ::;;:.:,T;<:,:~:: ~~~: f~~~ 8~~~e~'~n~~t~lotl~~: ::.::.':;\!",:~;:; ',:f:~:::':;

:'.;.: :f:~ i~~,,}.::·i~i~~j~:;~·;~~:a~:~:·;1f:~91 gi;t~~~~:~:~;1~j~~¥~ri~ (:'·t~:,~;;~T .. ;'~." Avenue, Shreveport, LA I 71101; 3519 Patrick Street,

j

' Lake Charles, LA 70605; 3501

Chllteau Boulevard West

j

Wing, Kenner, LA 70065; 100

Asma Boulevard, Suite 151,

Lafayette, LA 70508.

James B. Thompson, III

Ass:stant SeC"reta'v

. .

. .. ~-;~:'
William A. Kucharski

Secretary

'9. Thank you

s American Press

ofpublication

blication to:

JAN

Duly Alit horizC'd Agent

32793801 - 31.00

DINA ISTRE

JAN 18 1996

PARISH OF CALCASIEU

State of Louisiana

Sworn and suhsl'rihpo at m~' "ffke ill Lakp Charl(·s.

Before mC', the undersigned authority, personally came and

That tht' attat'h£>o was published ill saio Iwwspal,)('r in its

IH~.

Louisiana. I his , 1_8_ day of

issue{s) dated

appeared

who being duly sworn. deposes and says: That hE' is the duly

authorized agent of THE LAKE CHARLES AMERICAN PRE..c;;.<;.

a newspaper published daily at Lak(' Chari!'!;, Louisiana.

(Address: Box 2893, Lak£> Charles, LA 70()02)

--~'-.... - ~.:NOTICE 'OF'INT~Ni} "'I

, Departmen( of _~nYlron,,~

.' mental QuolitY. Office'

of Air Quality and Radl·

atlon Protection, Air

"Quallty Division. " Under the authority of

the., Louls,lana. Environmental Quallt"; '.A~~ La.;.

R.S. 30:2QOI et seQ...and In!

accordance with t\le,provl-: sions' ofAhe .Adnilnlstni··

tive, Pr'ocedure',Act), La={

R.S:, 49:950•. et·seq:;' 1he·

secretary glves'notice that , rulemaklng "procedures' have been Initiated rto'

omend the, Air Quality 01·.

vision Regulatlonsi" LAC:', 33:I".S09~ 918. 919. 21,23, &'

3107-{Log IAQl3l.r:>:M', .: This proposed rule··will

p'rovlde" ~Iscella,neau,s 'Correction In Chapters 5•• 9. 21,' and 1:"It wlll re·· move, new ,/deslgnated ozone attal ent parishes from tables n Chapters 5

and 9 and a d LIvingston Parish to Section S09 that was omitted in error, It'

will cilso correct a mamng

address In Chapter 31.re-1 move a reporting requirement, In Chapter 9. and

clarify LAC 33; 111.2123 to ,incllJdii 'ollfleld"'tiJbiJloi's

and' ancillary, oilfield

\ equipment. , I This proposed rule meets the exceptions ,'lIsted InR.S. 30:2019 10)

(3) and R.S. -49:953 IG) 13>'

therefore. no report reo gardlng environ men· tal/health benefits and so- cial/economic costs is

requIred,

These proposed regula- tions are to become effective upon publication In

the Louisiana Register. , A public hearing will be

held on F'ebruary 29. 1996. at 1: 30 p.m. In the May· nard Ketcham Building.

Room 326. 7290 Bluebonnet

Boulevard. Baton Rouge. La. 70810, Interested per· sons are invited to attend

.LASTOl00

Program Manager

PD/Ira

cc: Pat Vidrine

Enclosure

OFFICE OF LEGAL AFFAIRS AND ENFORCEMENT I~VE . T

P,O. BOX 822M2 IJ" TO~ ROSUTGIGEA. LnOol~lsSIAANNDA REGULATION DEVELOPMENT DIVISION

70XS4·2282
day

V\J.,,)-'::.tQ-14":;t

AQI36,

NOTICE OF INTENl. ,, Department of·;c

" Envlronmenlal' Quality ,'"

'. Office ,of Air Quality.•j' '._

, 'c,. Land RadiatlonbProleCllQO,,;•

. ,. AIr-Quality IvIslOn'" "'.

I ,:~~,~_ authortty, ol~, , I.OIJlsiari&,Fnvironfi1en1B1 QUalItY,: , Act. la::f,I.S, 30:2001. el seq,~ I lnacCordance:WIth the pro- I v1alOtl8' Of, the Adminlstrallve

Prx>cedure:Act. t...: fI~ ~9?Q'=

et seq" the 8eC',elary gives no- ttoe thaI rulemaklng prooedu~

,have been Initialed 10 amend 'the AIr Ouality Divlalon Regula- tions, • LAC

133:III.509,9~8.2123&3107

'(LoallfAOI36),•

~. 1'h1tr.'f)I'OP08ed'rul&'will pro- , Vide miscellaneous corrections

ie Chaptars 5, 9. 21. and 31. II v' .,1 remove newly deslgnaled ozone altainment parishes form labfes,~ CIlaplers 5 and.9 and

add LMngslon Parish to SectIon

509 thaI was omi\1ed In error It

I

WIll also corr9CIa mailing 8d- dres~ In Chapler 31. remove a

'~" ng, ~remenLln_Chao-.,

ler 9, and clanfy LAC 33:111.2123 10 Include OIlfi8ld IUbulars and

i anCWary olllielcl equipment.

This pl'Oposed rule meels the exceptions IIsled In R S 30:201 9(0)(3) and R:S'

i 49:953(G)(3), tharefo'e, no r~

1'~~'~~~;';'e',;i~In;~~iihte~:~~lf~~ Iand aocialleconomlc COSls is

required. '.' '

,The8& proposed· regulallons are 10 become. eff9CI,ve upon

i ~Ub)~~:,~,on mlhe Louisiana j , public hearing will 'be h8ia ,on February 29, 1996. al.l:3O IP'""..I!!. trye_!lAa\!'ar:d _Ke.lclJa".!

Building. Room 326, 7290 Bluebonnel Boulevard, Baton

Rouge. LA 70810. Interested

, persons are invlled to attend , and submit oral comments on Ihe pr~posed amendments.

Should indiViduals witha disabll-

, ity neeo.,all,,8CCO",modali"" in'

order 10 parttcipale please con- tact Palsy Deaville at the adf;&)~6s$399n belOW Or al

All Interested persons are in- vited 10 submit wntten COmments .on the proposed 'egulalions, Commenlors Should

r.efarence this proPOsed, regula- ,lion bY.lhe-J.og *.AOI36. Such . co,;,menls snould be SUbt'nlltecl , ~~aler than Ma,ch 7, 1996. at . p.rn" 10 PalSy Deaville' In vesllgallons and Re ul·· -

pevelopmenl DiviSion ~oS,~~n

, Ice Box 82282 BalOn R"'

'~Or 10 fax number~~i . -Cooies .Of this' 'pro- POsed 'egulalion can be:",

~~~SSalylhe aboverefer~~ . Ou may conl8cHtt>e Inveslig8tlOns and flegOlat;on

. ?~~~me~I DiVISion 81(504) I....... C"--~ or pnClng inrO<~8_ '~" .......... or money "". , reqUired in advance. f~ co~ 01 AOI36, • :.- !~ . ...!.-a. Pt.~_ raQ'!'.at~ hi , avalleble 10' InSPBCtlon· al ti,e , lollowlng DeQ O«ice localions· iro2f:'0 8:(10 a,m. until 4:30.,p,m.: .8I-oonnet Boulevard. 4In Floor, Baton Rouge, LA. 7,0810; , 804 31s1 SIreel. Monroe. LA 71203; Slala Office BuUding 1525 Fairfield Avenue, Sl'treve:

POs rt. LA 71101; .3519 Palriel(

Ireel, Lake Charles l-I\ 7-0605" 3501 .Chalea" Boult'ivardWesi

Wing, Kanner, LA 70065- 100

Asma BoUlevard. SUite 151 La. fayette, LA 70508, . _:-

James B. Thompson 1/1 .,.., ASSlslanl S9a'elary ~- _ .

i Monroe. LA "-t•

January 26. 1996"' .....

GANNETT CO. INC.

Publisher of

The News-Star

MON ROE, LOUISIANA

PROOF OF PUBLICATION

The hereto attached advertisement

was published in The NEWS-STAR,a

daily newspaper of general circulation, published in Monroe, Louisiana,

Parish of Ouachita, in the issues of:

,J2~c9lo~ 1<:;710 . LEGAL

fJ QffiQ

AD DE~~TO

Sworn and subscribed before me by

the person whose signature appears

above in Monroe, La. on this

o~.-n 19 16 AD

NARYPUBLIC

~'@~
\ J'~

~ht ~imts-i~ica!unt 3800 HOWARD AVENUE, NEW ORLEANS. LOUISIANA 70140-1097 TELEPHONE (504) 826-3206

State of Lo~isiana

Parish of Orleans

January 29, 1996

N

70884

A.D .• 19 --.........;-==='-'----- -""""-''''---..'

City of New Orleans

Personally app~ared before me, a Notary in and

for the parish of Orleans, Robert'J. Chiasson

who deposes and says that he is the Accounts

Receivable Manager, of the Times-Picayune

Publishing Corporation, a Louisiana Corporation, Publishers of The Times-Picayune, Daily

and Sunday, of general circulation; doing

business in the City of New Orleans and the

State of Louisiana, and that the attached

Sworn to and subscribed before me this

Re: Log No. AQ 136

Advertisement of Enforcerrent &Regu1artory

Was published in Th~e~T~llre~~s~P~i~ca~~~~ __

Legal Notices

on the following dates

Baton Rouge, LA

_3_1_s_t day of

P.O. Box 82282

--NOTICE OF INTENT OePertmenl 01 Environmenllli QuaUty

andOW~~~~~ Air QualIty ~Islon

i ~"=' 'rn:~n~1 ~~:Ii'~ I Act. LA R.s. 30:2001 et Sq.• and In

, IICXXlI'denCII wlfll the provisions 01 the Admlnlstrallve PrOClldure

~et~rvR~v:a9:9':I~=ru~ I makll1ll PI'OCIIdurn have been Initiated to amend the Air QualIty Division R~Ulallons. LAC

~=:.\:.~: :.~.\it.t. 2123. & 3107

TIlls ....oPOlad rule wRi provide miscellaneous correcllons In Chapters S. 9, 21 and 31. It wlU remove newly deslgnaled ozone allalnmanl parllhal from 'abies In Chaplers 5 and 9 and edd Llv· IngSlon Parllll to SectIon S09 that was omilled In error. It will allO

~:rir ~I. =~a :ct:t.::::nn~ ~~'Ttc!t J!J~IIf2~23'fo I~d~~ ~=~::I=.and andlrarv oilTIlls Proposed rule meels tile exceptions IIsled In R.S. 30:2019 (D) and R.S.49:953 (G'I~3),

~':ironni.~I1~= r-=ri:fn~ ~~~~al/economlc cosls Is reTIle prOPOsed regulalions are 10

~~~ha-r~~:~"::orsl:~ca-

~e~:~'Wrl~:-~ I~~~.'l:: the Maynard Katcham Building.

:~,32Et.;~R~LZ'7~e"lr Inlerested PenOnI ara Invited 10 . allend and SUbmlf oral comdisability

::::~. rhou~ need==I:~ an accommoda- tion In order to partlclpale please conllld Patsy Deavllle at

l~)a~It'&!,,~ven below or at

AU Inleresled ~sare Invited : to submit wrillan comments On lha prOPOsed regulallons. Com- menlors should reference this proposed regulallon by the LOll No. A'QI36. Such commenls should be submilled no Ialer IIlan March 7. 1996 al 4:30 pm., to Patsy Deavllle. Investlgallons and Regulation Develooment DI- vision, Post Offlce Box 82212

~~::'t>e':Wf ~Oeo-p~faj this proposed regulation can be purchased at the above referr,::,~v~n~:~~"~~~\r:

~~~mro':! ~rg~~n I~:::! tlon. Check or money order Is

~~J~""-'J1Jdvance lor each

This proposed raoulallon Is I available lor InlPeCllon at tha ' ,following DEQ off1ce locations

I

from .:00 a.m. untIl 4:30 pm' ~2'JO Bluebonnet Bouleverd....4th

a8T'3~rtoE~~Mon~7"'J: I ~~mlll~= Building: 1525

LA mOl; 3519 Patr~BYs"&::' Lake Choiries, LA 3sof Chateau 80uIevard West Wing Kenner, LA 7OO6S; 100 Asrmi ~=d. Suite 151, l.efBY_.

I

. James B. Thompson; III -'- AIle::Islant Secretary

FOAlo4 18&-1/

My commission expires at my death.

D EAST JEFFtRSON ADVERTISER D WEST BANK ADVERTISER D ST, TAMlo4ANY ADVERTISER D EAST NEW ORLEANS ADVERTISER D ST. BERNARD ADVERTISER D RIVER PARISHES ADVERTISER

THURSDAY AND SUNDAY --------------------------

D LAKE FRONT ADVERTISER D ORLEANS ADVERTISER D UPTOWN ADVERTISER D MIDTOWN ADVERTISER

THURSDAY -----------------------------
as per copy of advertisement hereto annexed, was published in The Times on the

Before me, the undersigned authority, personally came and appeared

RICIA ./ \ \ - I

CAO"~ ..RUN.~' " . . My uv PAR!S " TA,RY P

COMM/SSI....H~l OIJISIA1,uBLIC . vH IS FOR ~A ,·L/FE

," i . , \ . '.' \ '\ •

(Signed)~

January 29, 1996

PROOF OF PUBLICATION

•

to me, who beingduly sworn, deposes and says thatshe isthe Assistant to theClassified

STATE OF LOUISIANA

PARISH OF CADDO

following dates towit:

29 January 96 twb..i"'s ,day o,Lf --.,19_

Sworn to and subscribed before me

A:J.JlL..lt....h....e'-Wa.... s~C.:...r1.:...·t~t::.:o::.:.n.:.- , personally known

Advertising Manager of The Times, and that the attached advertisment enUUed:

NOTICE OF ENTENT amend the Air Quality Division Regulations,

,LAC 33:111.509, 91:t 919, 2123, &3107 (Lot # AQI36)

£6 #- V03-Qtz-ILf

mllnt 01 Envlronmllnlal

Quality OtfiClI 01 Air Quail·

fy and Radiation ProtllclIon Air Quality Division.

Under thll autho~ty 01 the

louisiana Environmental

I Quality Act, lao R.S.

30:2001 et seq., and In

accordance with the pro·

villoni ot the Admlnlltra·

tlve Procedure Act, lao

i R.S. 49:950, et leq., the

! Mcretary givel notice that

: IYlemaklng procedurel ! have been Initiated to , amend I!MI Air Quality DI-

: villon, Regulatlonl, LAC

33:11I.509.914, 919, 2123, ..

'3107 (log' AQI36). Thll

pIOposed rule wlU provide

milceilaneoul correcltonl

In Chapters 5, 9, 21, and

31. It will remove newly

dellgnated ozone allainment po~1heI !rom tablel

In Chapterl 5 and 9 and

add UVinglton Parllh ta

Section 509 that was omit·

ted In error. II will allo

correct a mailing addrllll

In Chapter 31, remove a

reporting requirement In

Cl'IOpte, 9, and clartty LAC

33:111.2123 to Include 011·

tkIId tabula,. and ancillary

olllleid equipment. Thll

proposed rUle meetl the

exceptlonl lilted In R.S.

30:2019 (D) (3) and R.S.

49:953 (G)(3), 'heretore,

no report regarding envl·

ronmen'al/health benellts

and lociai/economic

COI'I II. required. The"

propoled regulotlonl are 10 become ellecttve upon

publlca'ion In 'hll loulll. ana Regllter. A public

hearing will be held on

February 29, 1996. at 1:30

p.m. In the Maynard Ke'-

cham Building, Room 326,

7290 Bluebonnet Boule.

vard, Ba'on Rouge, LA

70&10. In'erel'ed perlOnl are Invl'ed '0 allend and

lubmlt oral commentl on

'he propoled amend·

men'l. Should Indlvlduall

wlff\ a dilablllty need an

accommodation In order

10 portlclpate plealll contac' Pa'ly Deavllle a' the

addfe.. given belOw ora!

(5().4) 765-0399. All Inter.

el'ed perlOnl are Invited

to submit written com·

ments on 'he propoled

regulallonl. commen'oll

should reterence thll propoled regula'ion by the

log , AQ136. Such.$:om.

men'l 'Ihould be lubmtl·

!lid no later than March 7,

1996, a! ':30 p.m., to Pat·

IY Deavllle, Inveltlgatlonl

and Regulalton Developmlln' Dlvillon, POI' OItlce

Box 42282, Baton Rouge,

LA 7081 0 or to tax number

(504) 765-o.ca6. Coplel ot

thl. propoled' regulation

can be purchased a' the

above 'reterenced addrll". You may con'act

'he Inveltlgallonl and

Regulation Devetopmenl

Dlvillon.at (50') 765-0399 tor pricing Intormallon' l

Check or money order II

required In advance: tor'

each copy 01 AQI36. Thla

propOled 'regula'ion II

available lor 'lnspectton a!

'the tollowlng DEQ ollice

lacotlonl trom 4:00a.m.,

unltl ':30 p.m.: 7290 Blue.

bonnet Boulevard; 4Ih

1I00r, Baton Rougll., LA'

70810; 40. ,. 3h' Slree',

Monroe, LA 71203: State

Ottlce Building, 1525- Fair.

field Avenue, Shrevllport,

LA 71101; 3519 Patrick

Sheet, lalre Charlel, LA

70605: 3501 Chateau Bau-

'levard West Wing, lCenner'l

LA 70065; 100 Alma Boulevard, Suite 151, Latay-

, etle, LA 70504. Jamel B. Th """""u"e; ru"l III A ••i ............
2

3

4

DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY REGULATIONS - LOG NO. AQ136

PUBLIC HEARING

FEBRUARY 29, 1996

5

6 MS. DEAVILLE:

7

8

9

Good afternoon. My name is Patsy Deaville. I'm

employed with the Louisiana Department of Environmental

Quality. I'll be serving as Hearing Officer this

10 afternoon to receive comments regarding proposed

11 amendments to the Air Quality Division and Office of

12 Secretary regulations.

13 The comment period for these amendments began on

14 January 20, 1996, when the Notice of Intent was

15 published in the Louisiana Register. The comment period

16 for these amendments will close at 4:30 p.m., March 7,

17 1996. It would be helpful to us if all oral comments

18 received today were followed up in writing . .-"

19 This public hearing provides a forum for all

20 interested parties to present comments on the proposed

21 changes. I'll ask that each commenter begin by stating

22

23

24

their name and affiliation for the record.

The next proposed rule change is designated by the

Log No. AQ136, which amends the Air Quality Division

25 regulations. This proposed rule will provide

26

27

28

29

miscellaneous corrections in Chapters 5, 9, 21 and 31.

It will remove newly designated ozone attainment

parishes from tables in Chapter 5 and 9, and add

Livingston Parish to Section 509 that was omitted in

30 error. It will also correct the mailing address in

-1-

ACADIANA REPORTING SERVICE 9496 HOOPER ROAD

BATON ROUGE. LOUISIANA 70616.
2

3

4

5

6

Chapter 31, remove a reporting requirement in Chapter 9,

and clarify LAC 33:111.2123, to include oilfield

tubulars and ancillary oilfield equipment.

Does anyone care to comment on this regulation?

(No res ponse. )

If not, the hearing on AQ136 is closed. I'd like

7 to thank you all for your attention and participation.

8 This hearing is closed.

9 CERTIFICATE

10 I, MARGARET MORVANT, Certified Court Reporter, do

11 hereby certify that the foregoing teslimony was heard

12 before the Honorable Patsy Deaville, Hearing Officer, on

13 February 29, 1996, in Room 326, Maynard Ketcham

14 Building, Baton Rouge, Louisiana; that I did report the

15 proceedings thereof; that the foregoing pages, numbered

16 1 through 2, inclusive, constitute a true and correct

17 transcript of the proceedings thereof.

18

19

20

21

22

23

24

25

26

27

28

29

30

-2-

ACADIANA REPORTING SERVICE

9498 HOOPER ROAD

BATON ROUGE. LOUISIANA 70818

504'26' ·9356
Comments Submitted For

Miscellaneous Rule Corrections

LAC 33:III.S09, .918, .919, .2123, & .3107

Log # AQ136

COMMENT #

1,2

1-3

SUBl\1ITTED BY

Richard Metcalf / Louisiana Mid-Continent Oil

and Gas Association

Sarosh J.R. Manekshaw / Pennzoi1 Company
COMMENT 1:

RESPONSE 1:

COMMENT 2:

RESPONSE 2:

COMMENT 3:

RESPONSE 3:

Comments Submitted For

Miscellaneous Rule Corrections

LAC 33:Ill.509, 918, 919, 2123, & 3107

Log # AQ136

General. The commentor supports the corrections which update

the air quality regulations concerning the listing of ozone nonattainment

areas.

LDEQ is working on additional revisions to

Chapter 21 to denote applicability by parishes.

AQ 136 updates tables including ozone

nonattainment areas.

General. There are regulations in Chapter 21 that should be

updated to reflect the current list of ozone nonattainment areas in

Louisiana..

LDEQ is working on additional revisions to

Chapter 21 to address applicability by paris~

designation. LDEQ expects to promulgate these

changes with a notice of intent on or before June

20, 1996.

General. The parishes of Beauregard, Bossier, Caddo, Grant,

Jefferson, Lafayette, Lafourche, Orleans, St. Bernard, St. Charles, St.

James, St. John the Baptist, and St. Mary are incorrectly identified as

ozone nonattainment areas under §2131 and §2135. Since this parishes

are listed as ozone attainment areas under 40 CFR 81.319, the

commentor requests LDEQ clarify that these parishes are presently

designated as attainment areas.

LDEQ is working on additional revisions to

Chapter 21 to address applicability by parish

designation. LDEQ expects to promulgate these

changes with a notice of intent on or before June

20, 1996.

NO COMMENTS ON CHAPTER 5 (AQ 136 is repeated in

Chapters 9:& 21)

'.
BOBBY JINDAL

GOVERNOR

l"", l" ,,1-, r, ~:- I

,. I i ,

100tr: i 0

I,:'·, t,. l..

;df~~ ~.[,~

PI'\3: r

~tate of J[oulslana

PEGGY M. HATCH

SECRETARY

DEPARTMENT OF ENVIRONMENTAL QUALITY

ENVIRONMENTAL SERVICES

November 15, 2010

;.:.< ,->

=

=

Dr. Alfredo Armendariz

0

r'-j .- n

Regional Administrator, Region 6 (6RA) I

U. S. Environmental Protection Agency N

:1."

1445 Ross Avenue, Suite 1200 :'f" " 'C

U)

Dallas, Texas 75202-2733 ; I;

n C

<

u) c..n

Dear Dr. Armendariz: Q (J'\

The Louisiana Department of Environmental Quality (LDEQ) is requesting to withdraw

certain State Implementation Plan (SIP) revisions which were previously submitted for

approval by the U.S. Environmental Protection Agency (EPA). All ofthese revisions are

contained in General Rule Update SIP revisions for the years 1996-2006. The specific

revisions are listed in the enclosed table.

We hope this request will expedite EPA review and rulemaking on the remaining general

rule revisions submitted for that time period. If you have questions or comments about

this request, please feel free to call me or Vivian Aucoin ofmy staff at (225) 219-3419.

.Jldu- l0J:>ef,ffiI;M7Hatch

Enclosure

Post Office Box 4313' Baton Rouge. Louisiana 70821-4313' Phone 225-219-3181' Fax 225-219-3309

www.deq.louisiana.gov
Actions to be withdrawn from

General SIP submittals

Action Action Date Section

Year Adopted

1996 OS 14 5/20/1996 LAC 33:/ Chapter 5

LAC 33: III. 517

and 107.E.

1996 OS15 8/20193 Section 927.

Notification

Required

(Unauthorized

Discharges)

1996 AQ 125 10/20195. Section 1l09.C.

2005 OS 65 10/20105 LAC 33 :III.l507

Exceptions

1998 AQ 180 12/20198 1509.

2005 AQ248 05/20105 1509. Reduced

Sulfur Compounds

(New and Existing

Sources).

2004 AQ 8/20102 2103.E.

219A

1998 AQ 149 1120198 2107.E.3.

1996 AQ III 6/20/1995 2133.F.

1999- AQ213 8/20101 2160.C.

2001 Modifications and

Exceptions to the

federal test methods.

2005 OS 65 10/20105 2511.b, 2521, 2531

1996 AQ 142 11120/96 2531
Administrative Procedures· Confidential Information

(LAC 33:I.Chapter 5; 33:III.107 and 517; 33:v.319 and

1113; 33:vlI.309; 33:IX.301, 309, 315 and 1507;

33:XV.324)(OS14)

Title 33

ENVIRONMENTAL QUALITY

Part I. Office of the Secretary

Subpart l. Departmental Administrative Procedures

Chapter S. Confidential Information Regulations

- §501. Scope

Department of Environmental Quality records and

information obtained under the Louisiana Environmental

_ Quality Act (hereinafter called "the Act"), or by any rule,

regulation, order, license, registration, or permit term or

condition adopted or issued thereunder, or by any

investigation authorized thereby, shall be available to the

- public, unless confidentiality is requested by writing to the

dep~rtment's Office ofLegal Affairs and Enforcement, Legal

Division, and such information is determined by the

- administrative authority to require confidentiality. Such

information may be classified as confidential by the

administrative authority, unless, otherwise provided by law or

Under the authority ofthe Louisiana Environmental Quality

-Act, R.S. 30:2001 et seq., and in accordance with the

provisions ofthe Administrative Procedure Act, R.S. 49:950

et seq., the secretary has amended LAC 33:I.Chapter 5;

-III.107.E, 517.F; V.319, 1113.0; VII.309; IX.30 l.N, 309.0,

315.F, 1507.A; XV.324.F-G (OS14).

The rule establishes a consistent set of procedures for

departmental manaaement of information submitted as - ::>

confidential. R.S. 30:2030 (B) requires the department to

,adopt regulations for processing requests for confidentiality.

The rule will improve existing rules by adding clarification,

- improving consistency, and consolidating existing

programmatic (solid waste, hazardous waste, air quality and

water quality) regulations into one conveniently located

-chapter. ,

This rule meets the exceptions listed in R.S. 30:2019(0)(3)

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

_ environmentaVhealth benefits and social/economic costs is

required.

regu lation. if the: secretary makes a written de:te:rm ination that

con fidentialil\c is, necessary to: .

I. pr;ve~timpairmentofan ongoing inyestigation,'l

prejudice to the final decisio.n regarding a violation; or

2. protect trade secrets, proprietary secrets and

information, and commercial or financial information.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2030.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of the Secretary, LR 22:342 (May

1996). ,

§503. Request for Confidentiality .

A. Anyone outside the department requestmg

confidentiality shall provide to the administrative authority a

written statement indicating the reasons for asserting

confidentiality. This claim of confidentiality shall state:

1. the measures taken to guard against undesired

disclosure ofthe information to others;

2. the extent to which the information has been

disclosed to others and the precautions taken in connection

therewith;

3. whether disclosure ofthe information would be likely

to result in substantial harmful effects in the competitive

market, and ifso, what those harmful effects would be, why

they should be viewed as substantial, and an explanaticn of

the causal relationship between disclosure and such harmful

effects; and

, 4. the period oftime for which confidential treatment is

desired.

B. Anyone outside the department submitting inform-ation

to the administrative authority for which a confidentiality

claim is asserted shall follow the procedures outlined below:

i. a cover sheet shall be attached to the information,

which has been conspicuously labeled with the word

"CONFIDENTIAL." Each page or any item (e.g., pictures, maps,_

video tapes, computer disks, etc.) that contains alleged

confidential information shall also be clearly labeled;

2. to the maximum extent possible, confidential

information shall be segregated to facilitate identification and

handling. The confidential information shall be specifically

referenced as appropriate in the nonconfidential document.

Blacking out confidential portions of otherwise public

documents is permissible, provided the blacked-out portions

are clearly identified in both confidential and nonconfidential

versions; and

", 3. in cases where confidential information cannot be

reasonably extracted or separated from nonconfidential

information, and when the information does not include

information described in LAC 33:1.505.B, the whole

document shall be confidential.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2030.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of the Secretary, LR 22:342 (May

1996).

§50S. Agency Review of Confidential Information

A. Within 21 working days from the date of receipt of a

request for confidentiality, the secretary shall issue a written

notice ofdetermination. Anyone outside the department will

be notified by certified mail.

RULE

Gus Von Bodungen

Assistant Secretary ..-

..-

Department of Environmental Quality

Office of the Secretary

~605#057

Louisillna Regisuu Vol. 22. No.5 May 20. 1996 342 C
B, Specific categories,pfinformation that.shaU,be denied..,

" . confidentiality include: .

I. air emission data;

2. any permit or portion of a permit issued to a source

in accordance with LAC 33:111.507·

'~"<' j.' effluent and discharge' 'da~atosurface waters and

groundwaters;

4. location and identification of any buried waste;

5. name and address of any license, registration or

permit applicant'or permittee; ~.

6. all NPDES, LPDES, and other water discharge permit

applications or permits. Information required by LPDES

application forms may not be claimed confidential. This

includes information submitted on the forms themselves and

any attachments used to supply information required by the

forms; and

7. any other information required by the law or

regulations to be disclosed or for which a claim' of

confidentiality is prohibited by law or regulation.

C. The notice of determination shall become final and not

subject to further administrative review unless, no later than

30 days after receipt of this document, the submitter files a

written request for a hearing.

D. Information submitted under a claim of confidentiality

shall be held as confidential until a final determination has

been made.

AUTHORITY NOTE:' Promulgated in accordance with R.S.

30:2030.

HISTORICAL NOTE: Promulgated by the Department of

Environmenta! Quality, Office of the Secretary, LR 22:342 (May

1996).

§507. Authorized Agent Accessibility

. A. In the event a claim of confidentiality is granted, such

confidentiality shall not apply to the necessary-use of the

information by duly authorized officers or employees ofthe

state or federal government in carrying out their

responsibilities under the Act or applicable federal law. Any

officer or employee of the state or federal government who

seeks access to such information must be duly authorized by

the administrative authority. The administrative authority

shall make a determination to grant such authorization based

on a written request that shall specify the requestor's name,

affiliation, and the need for access to the information based on

the Act or applicable federal law. Department employees are

exempt from requesting authorization in writing; however,

they must demonstrate a need for access to confidential

information prior to seeking administrative authority

approval.

B. Any employee of the department or any former

employee of the department or any authorized contractor

. acting as a representative of the secretary of the department

who is convicted of intentional disclosure or conspiracy to

disclose trade secrets or other information that has been

determined to be confidential is guilty of a misdemeanor and,

upon conviction, shall be punished by a fine of not more than

S I,000, imprisonment for up to one year, or both.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2030 and R.S. 30:2074

c

. HISTORICAL NOTE: PromulgalcdJ"by .th,lt Dcp,llrlment, .of

Environmental Quality,'Orticeof'the Secretary; LR"22:'3'43' (M'av

1996). .

§508. Maintenance of Confidential Information

A. Confidential information shall be maintained in a

locked Jile separate:'from nonconfidentiaLinformati·on. The-.

fil~ shall' be labeled "CONFIDENTIAL," with access

appropriately controlled.

B. Whenever an authorized person gains access to a

confidential file, he shall sign an access log, which indicates

his understanding of the confidential status and his

responsibility to protect the information frem being disclosed

to the public. The person will also indicate in the access log

which file was removed, the date and time the file was

removed, the affiliation of the person if not with the

Department ofEnvironmental Quality, and the time and date

the file was returned.

C. Except for members ofthe department staff, authorized

persons shall review a confidential file in the presence of a

department staff member. Confidential information shall be

removed from the file no longer than is strictly necessary.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2030

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of the Secretary, LR 22:343 (May

1996).

§509. Release of Confidential Information

A. The administrative authority shaH remove confidential

information from its files and return it to the submitterifsuch

information is no longer necessary or required after three

years for the purposes of the Act, these regulations, or any

order or under the terms and conditions of any liCense,

registration, or permit.

B. Files declared confidential as part of an investigation

shall be returned to the public record files upon conclusion of

the investigation.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2030.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of the Secretary, LR 22:343 (May

1996).

Pa rt III. Air

Chapter 1. General Provisions

§107. Investigations-Authority

Pursuant to the provisions of R.S. 30:20 II, the

administrative authority shall make such investigations as are

necessary and proper to carry out the purposes of the

Louisiana Environmental Quality Act and in connection

therewith:

* * * [See~rior text in A· 01

E. Confidentiality of Information. Provisions for

confidential information may be found in LAC 33:I.Chapter 5.

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 by the

Department of Environmental Quality. Office of the Secretar)'. LR

22:343 (May 1996).

085
Part VII. Solid Waste

Subpart 1. Solid Waste Regulations

Chap er 3. Scope and Mandatory Provisions of the

Program

§309. onfidentiality

Provis ns for confidential information may be fou

LAC 33:1. hapter 5.

AUTHO ITY NOTE: Promulgated R.S.

30:200 I et s .

HISTORIC L NOTE: Promulgated by the Depa ment of

Environmental uality, Office of Solid and Hazardous aste, Solid

Waste Division LR 19: 187 (February 1993), arne (jed by the

Department of E vironmental Ql,lality, Office of the ecretary, LR

22:344 (May 199 .

Part I . Water Quality Regulati

Chapter 3. Perm'ts

§301. Scope

[See prior tex I A· C]

D. During all renewal or er ination proceedings the

entire application and/or per it i open for comment in a

public hearing, subject to co fidentl lity in accordance with

LAC 33:I.Chapter 5.

• • •

ior text in E - H

AUTHORITY NOTE: romulgated in ccordance with R.S.

30:2001 et seq., and in pa icular Section 207 (8)(3) and (8)(4).

HISTORICAL NOTE: Promulgated by t e Department of

Environmental Quality, ffice of Water Resou es in LR 11: 1066

(November 1985), am ded by the Department f Environmental

Quality, Office ofthe ecretary, LR 22:344 (May 996).

§315. Public Info mation

[See prior text in A - E.I .b)

F. All recor ed infonnation (completed penn it

fonns, fact she ts, draft permits or any public doc ent) not

classified as c nfidential infonnation in accordance ith LAC

33:I.Chapter 5 will be made available to the pu lic for

inspection d copying pursuant to the following con itions:

I. d ring normal office hours;

2. der the observation and supervision of a me

ofthe st ff ofthe Office of Water Resources;

3. copies of compiled records and infonnation will e

made vailable within a reasonable amount of time upo

writt request at a cost in accordance with establishe

dep ment policy; and

4. no recorded information shall be removed from the

of Ice, except as provided herein.

• • • See prior text in D6 - H.2)

AUTHORITY N TE: Promulgated in accordanc

30:2180 et seq.

HISTOR1CA OTE: Promulgated by the Depar ent of

Environmental Quality, Office of Solid and Hazardous Waste,

Hazardous W te Division, LR 10:200 (March 1984), amen d LR

16:220 (Mar h 1990), LR 18:1256 (November 1992), LR 20: 00

(Septembe 1994), LR 20:1109 (October 1994), amended by e

Departme t of Environmental Quality, Office of the Secretary, L

22:344 ay 1996).

[See prior text in A • E.8)

F. Confidential Infonnation. Provisions for confidential

information may be found in LAC 33 :I.Chapter 5.

• • •

[See prior t xt in - D.4)

5. The administrative au or' y will provide a complete

notification to the receiving cou and any transit countries.

A notification is complete whe t e administrative authority

receives a notification whic the dministrative authority

detennines satisfies the requi ments f LAC 33:V.1113.D.1.

Where a claim of confide iality is a erted with respect to

any notification infonnati required by AC 33:V.1113.D.I,

the administrative auth rity may find t e notification not

complete until any suc claim is resolved i accordance with

LAC 33:I.Chapter 5.

Chapter 5. Permit Procedures

§517. Permit Applications and Submittal of Information

• • •

[See prior text in G)

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Radiation

Protection, Air Quality Division, LR 19: 1420 (November 1993),

amended LR 20: 1375 (December 1994), amended by the Department

of Environmental Quality, Office of the Secretary, LR 22:344 (May

1996).

Part V. Hazardous Waste and Hazardous Material

Subpart 1. Department of Environmental QualityHazardous Waste

Cha ter 3. General Conditions for Treatment,

Storage, and Disposal Facility Permits

§319. nfidentiality

Provisi ns for confidential infonnation may be

LAC 33:1. apter 5.

AUTHORI Y NOTE: Promulgated

30:2180 et seq.

HISTORICAL OTE: Promulgated by the

Environmental Q lity, Office of Solid and H

Hazardous Waste 'vision, LR 10:200 (March 1984), amended

LR 13:84 (Februa 1987), amended by t e Department of

Environmental Quality, Office of the Secreta ,LR 22:344 (May

1996).

Chapter II. Generat rs

§1113. Exports of Haza dous Was

•• •

Louisiana Regisler Vol. 22, No.5 May 20, 1996 344
seq.• the Administrative Procedure Act, and R.S. 39: 1581.

a ended LAC 34:111.511, to bring it into conformity with R.S

39.1671, as follows:

6.

Title 34

GOVERNMENT CONTRACTS,

OCUREMENT AND PROPERTY CONTRO

Part III. Facility Planning and Control

Chapte 5. Rental and Lease Procedure

§511. R olution of Controversies

A. Ri t to Protest. Any prospective lesso who is

aggrieved connection with the solicitation or ward of a

contract m protest to Facility Planning a d Control.

Protests witli respect to a solicitation shall be ubmitted in

writing no lat than 10 days prior to the open' g of bids. If

a person protes a solicitation, an award cann be made until

said protest is re lved. Protests with respec to the award of

a contract shall 0 submitted in writing wi in 14 days after

contract award. S 'd protest shall state full and in particular,

the reason for prot t if a protest is mad with respect to the

award of a contra t. Work on the ontract cannot be

commenced until it is resolved admini ratively.

• • •

AUTHORITY NOTE:

39:1551-1736.

HISTORICAL NOTE: Promulg ted by the Office of the

Governor, Division of Ad inistr ion, Facility Planning and

Control, LR II :946 (Octobe 198 ,amended LR 22:345 (May

1996).

Of Ice of the Gove nor

Div'sion of Administr tion

Office of acility Planning a d Control

9605#014

Pursuant to the provisions of ·R.S. 38: 310 et seq. as

amended. the ngineers Se lection Board, here'nafter referred

to as the bo d, has amended such rules and p cedures as it

deemed n essary to carry out the provisio of the said

statutes. hese rules are established by the bo rd. and are

subject change by said board, in accordanc with the

Admini trative Procedure Act.

Title 4

ADMINISTRATION

Part VII. Governor's Office

Ch pter 3. Engineers Selection Board

§3 1. Selection Procedures

Selection procedure is as follows:

1-4.

5. Select firm from the two firms with the most votes

a "one" vote basis.

• • •

RULE

J. Dale Givens

Secretary

[See prior text in A.8 - H.2]

OTE: Promulgated in ac ordance with R.S.

Office ofthe Governor

Division of Administration

Office of Facility Planning and Control

Resolution ofControversies (LAC 34:111.511)

AUTHORITY NOTE: Promulgated in accordance with R..

0:2001 et seq., and in particular Section 2074(8)(3) and (8)(4)

HISTORICAL NOTE: Promulgated by the Department of

En ironmental Quality, Office of Water Resources in LR 1I: 066

(No ember 1985), amended by the Department of Environ ental

Qua ·ty. Office of the Secretary, LR 22:344 (May 1996).

Cha er 15. Water Quality Certification Proced

§150 Procedures for Issuance of Water Qualit

Certification

[See prior text in A - A.6]

7. nfidentiality of Information. Any nformation

submitted the applicant, as required by an a plication for

certification and declared as confidential by the applicant

shall be hand ed in accordance with LAC 33: .Chapter 5.

• • •

[See pri r te in A - E]

F. Applications and doc ents submitted to the division

shall be available for blic inspection unless the

administrative authority m s a written determination of

confidentiality in accorda e 'th LAC 33:I.Chapter 5.

G. If the department termi es that any material should

not be afforded confid tiality, the division shall issue a

written denial of the r uest to th requestor in accordance

with LAC 33:I.Chapte 5.

AUTHORITY NO with R.S.

30:200 I et seq.

HISTORICAL Repealed and

Department of E ironmental Quality, Offi of Air Quality and

Radiation, Radia on Protection Division, LR I :34 (January 1992),

amended LR 20 179 (February 1994). amende by the Department

of Environmen al Quality, Office of the Secreta LR 22:345 (May

1996).

The Division of Administration. Office of Facility Planni

and Control, in accordance with the provisions ofR.S. 49:95

345 Louisiana Register Vol. 22, No.5 May 20, 1995
FINAL/MAY 20, 1996

Title 33

OS14

ENVIRONMENTAL QUALITY

Part I. Office of the Secretary

Subpart 1. Departmental Administrative Procedures

Chapter 5. Confidential Information Regulations

§501. Scope

Department of Environmental Quality records and information

obtained under the Louisiana Environmental Quality Act

(hereinafter called "the Act"), or by any rule, regulation,

order, license, registration, or permit term or condition adopted

or issued thereunder, or by any investigation authorized thereby,

shall be available to the public, unless confidentiality is

requested • g writ ing;;:@:::::::!I~::::::::g~ii.dgP.iEr~:::st:~:::9:¥.:+:~:gm::::::::!f.:::::::::Q;Ri.;i¥.

Mf.:i.:ffi!!lf:~::::e.!I:::::::§P.if.:!lglm~P;¥::E::::::::~gi.:±::::::::P:3.f.!!:~Mt!!:l:and such informat ion is

determined by the administrative authority to require

confidentiality. Such information may be classified as

confidential by the administrative authoritY::F:::];;P;;:m!§::~::J,!P;~.~:~m

T!ft9Iffig~g::::~::~g:::::::i¥.eWt:::Jr.k?::::$$..ii.:@,!!:!P.:Eif the secretary makes a written

determination that confidentiality is necessary to:

1. prevent impairment of an ongoing investigation or

prejudice to the final decision regarding a violation; or

2. protect trade secrets, proprietary secrets and

information, and commercial or financial information.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2030.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of the Secretary, LR 22:

§503. Request for Confidentiality

A. Anyone outside the department requesting confidentiality

shall provide to the administrative authority a written statement

indicating the reasons for asserting confidentiality. This claim

of confidentiality shall state:

. .
FINAL/MAY 20, 1996 0814

1. the measures taken to guard against undesireddisclosure of the information to others;

2. the extent to which the information has been

disclosed to others and the precautions taken in connection

therewith;

3. whether disclosure of the information would be

likely to result in substantial harmful effects in the

competitive market, and if so, what those harmful effects would

be, why they should be viewed as substantial, -and an explanation

of the causal relationship between disclosure and such harmful

effects; and

4. the period of time for which confidential treatment

is desired.

B. .llii.({S!ttD R¥@P:I:!:!:!:!9:WI!§!!;Jg:!:'!:'!I.:tlit::::::9.IP,;"••p'! submit t ing

information to the administrative authority for which a

confidentiality claim is asserted shall follow the procedures

outlined below:

1. a cover sheet shall be attached to the information,

which has been conspicuously labeled with the word

"CONFIDENTIAL." Each page or any item (e.g., pictures, maps,

video tapes, computer disks, etc.) that contains alleged

confidential information shall also be clearly labeled;

informatio~·sh!!l*~~*!!~!!~:~::~~*~~ii~~:~~l~de~~~~~~:~~~:land handling. The confidential information shall be specifically

referenced as appropriate in the nonconfidential documentg

2 c
Promulgated in accordance with R.S.

FINAL/MAY 20, 1996

AUTHORITY NOTE:

30:2030.

HISTORICAL NOTE:

Environmental Quality,

OS14

Promulgated by the Department of

Office of the Secretary, LR 22:

§sos. Agency Review of Confidential Infor.mation

B. Specific categories of information that shall be denied

confidentiality include:

1. air emission data;

2. any permit or portion of a permit issued to a

source in accordance with LAC 33:III.507;

3. effluent and discharge data to surface waters and

groundwaters;

4. location and identification of any buried waste;

5. name and address of any license, registration or

permit applicant or permittee;

6 • allgStfw::mttt~;I;;;;:;JM"t!:;:;;;::$e!il_;!;$;~a:;:;:;JMIf?!!:~~;nee;::::;:!tmefln;::;;:;;Ble ~«~%#:P:~;;_$;;ft NPDES, LPDES, and other water discharge permit

~i!!S:@ ffi:P':+:gtm!¥:t.:g!::::::::g:~mjJl¥~I::::::gn:::::::I:g~::::::::¥.;et.!!@:::::::J;t!!.m!~*M":!:::::::ill::::@'!i~r:::e.p:¥:!:9.~m;n¥:!

M!~9::::::::*g::::::::li;;II;¥.~t::::;w.n#gmBi:#.ign:::;:::Bgp;;+.~I:::::::ggr:;::I:g~:::::::::&.g~:::E::::::~pg

3
FINAL/MAY 20, 1996 0814

c. The notice of determination shall become final and-not

subject to further administrative review unless, no later than 30

days after receipt of this document, the submitter files a

written request for a hearing.

D. Information submitted under a claim of confidentiality

shall be held as confidential until a final determination has

been made.

AUTHORITY NOTE:

30:2030.

HISTORICAL NOTE:

Environmental Quality,

Promulgated in accordance with R.S.

Promulgated by the Department of

Office of the Secretary, LR 22:

§507. Authorized Agent Accessibility

8m In the event a claim of confidentiality is granted, :.;.;.:.;.:.;.;

such confidentiality shall not apply to the necessary use of the

information by duly authorized officers or employees of the state

or federal government in carrying out their responsibilities

under the Act or applicable federal law. Any officer or employee

of the state or federal overnment{·::::r:::$'~be.~:::::::tiba:ft:::::::de: ....et!'itm¢in.~: g ':t:::,:,:::::::::::::::::::::::::::::::::::::::::::::,:::::::::::::::::::::::::::::::::,::::::::::::::::Ji?::::::::::::::::::::::::::::::::::.:.:::::.:.:.:.:::::

~%QM~§~; who seeks access to such information must be duly

authorI~ed by the administrative authority. The administrative

authority shall make a determination to grant such authorization

based on a written re est b:<:::::::e:wht:::::''':ereon that shall specify the qu :::;::;~t::::::::;:;:::::::;:::::,::::::::::::::::::E::::::::,::::::::::::::::::::;:,,:,,::

requestor's name, affiliation, and the need for access to the

information based on the Act or applicable federal law.

~@Pi!:;;.I.I¥~}:::~~:gl~~~l}::B.f:;::::::::~?$JBm;r¥:::::::::¥:ignf':Jtlfig~:@!:ffiP.~t:::::~g¥:ag~:!:~¥:;.:gn:::::::~:t1

g!4;:~:g:t::t:::!l!~~*I#.:;;:;:::::::$.~llt::JI!@:*::'::'g;mgigP.?:!;::::::::it::::'ni~!?t::::!~tr::'::B.gg:f.§!:@':::::¥g

ffig;~:i4;1.Y::i:~;t:~:::::!g~;H9.!!i¥:i~9::::}R.ff#.tf+::::'!9:'I::@mS;!l~:p'g:'::::~!m:!Pi:~!:f:i!:¥:;:\!;

'1gll.¥¥:::::::!i.ltJ9~iiE[

!::f:;:::!::::::::_!::::::m.~:Ri~!:::::::gR:':::::!:b.i::::::JM5Iigan1t.:!'!::W!t:':::::ilM:::::::Wgm;:f:':::':';mgjig¥:~\;':I::g$

4
FINAL/MAY 20, 1996

AUTHORITY NOTE:

and::::::RiBl::(:3;'Q':Hmqi

..;-;.;.;.;.;.;.;.:.:-:.;.:.;.;.;.;.;.;.;.;.:.:.;.;.;.:-;.:.;.;.;.;.;.:.:.;.;.;.;.:.;.;.;.;.:.:.:.:.:.:.:.:.:.;.;.:.;.;.:

HISTORICAL NOTE:

Environmental Quality,

OS14

Promulgated in accordance with R.S. 30:2030

Promulgated by the Department of

Office of the Secretary, LR 22:

gy::::::::::::::::.g.¥::i':::f:p;~t:;:JP.~.!Ri:::::::gi:::::::::¥.:9~:::2:!§P.%X¥J.WiUt::::::::i¥.e#!;+:::E:::::::¥.i.Y¥.9SH;ffi:~~9

p~;;;;g~l!?::::::::~;@:~:::~:::::::::;;~~ffi:!~:::::::@::::::::ggn:+::~I~np:!:@:±::::::::~:ffi:±~:::::::*n::::::::¥:ff! ::P:X!~~m:9.~:::::Ji(+::::::::%

9~lfll.g~np::::::::!I@~::!::::::::rg~;rm@~:;;::t.::::::::::ftgnp.:;:9~np:~:@:±:::::::!:i.:+:p;m@P:~l!n::::Jr~1@:~:;J.{:::p.~

t.1mB.Y~8:::::::~:£s.mt::::¥:g~::::::::±:&:!~:::::::ni!:::::)f.Rngm:;;::::::::¥:8:@P!::::::::ffi:!?::::::::i¥.R:!:9¥.:~:¥::::::;nrt.E:~!:!!@~:\

§:t:§*2.i:;J.;:£lqW:::::tf.~~H:::::::;:::::::::m;;gmg;±g%¥.~e:::::::gg:::::];:8~:!::::Rm~@;;¥.m~~¥.::::::::i!£.:

~n~~:;;g;mn~i.:KR@:::!";:@.q%*:Wft~n:::::::g~:±:i!E~::::::gi:::::::::¥.:g~::::::::§:rt.Effml@~I::::::Jt\!r::::ig:m

§509. Release of Confidential Information

A. The administrative authority shall remove confidential

information from its files and return it to the submitter Wften ±f :;:::;:::;:;:::::::::::::::::: - .

such information is no longer necessary or required B.i::p:m;;;::::$i.P.R~~

¥:#@K! for the purposes of the Act, these regulations, or any

order or under the terms and conditions of any license,

registration, or permit.

5

c 0S0
FINAL/MAY 20, 1996 OS14

B. Files declared confidential as part of an investigation

shall be returned to the public record files upon conclusion of

the investigation.

AUTHORITY NOTE:

30:2030.

HISTORICAL NOTE:

Environmental Quality,

Promulgated in accordance with R.S.

Promulgated by the Department of

Office of the Secretary, LR 22:

6

C091
FINAL/MAY 20, 1996

Title 33

ENVIRONMENTAL QUALITY

Part III. Air

Chapter 1. General Provisions

§107. Investigations-Authority

OS14

Pursuant to the provisions of R.S. 30:2011, the

administrative authority shall make such investigations as are

necessary and proper to carry out the purposes of the Louisiana

Environmental Quality Act and in connection therewith:

* * * [See prior text in A - D]

E. Confidentiality of Information. Provisions for

confidential information may be found in LAC 33:I,Chapter 5,

iafermatiea relatiag te preprietary precesses er methed ef

manufacture er preductien ebtained by the administrative

autherity shall be lEept ceafideatial. 1a the event aay such

precess er methed ef maaufacture er preductiea is iavelved in aay

heariag, testimeay regarding such precess er methed ef

maaufacture er preductiea shall aet be made a part ef the

traascript ef said heariag, Bmissiea data shall net be ceasidered

ceafidential fer the purpese ef this regulatiea,

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 by the

Office of the Secretary, LR,

7

C 092
FINAL/MAY 20, 1996

Title 33

ENVIRONMENTAL QUALITY

PART III. Air

Chapter 5. Per.mit Procedures

5517. Per.mit Applications and Submittal of Information

OS14

* * * [See prior text in A - E.a]

F. Confidential Information. Provisions for confidential

information may be found in LAC 33:I,Chapter 5.

1, !lOR disclosl:lre Hl:lst be Requested. All iRformatioR

obtaiRed l:lRder the LOl:lisiaRa ERviroRmeRtal Ql:lality Act (the Act)

R,S. 30.2001 et seq, or these regulatioRs, by aRy order, liceRse,

or permit term or cORditioR adopted or issl:led l:lRder the Act or

these regl:llatioRs, or by aRy iRvestigatioR al:lthorized thereby

shall be available to the pl:lblic, l:lRless ROR disclosl:lre is

reql:lested aRd graRted iR accordaRce with R.S, 30,2030. Claims of

cORfideRtiality for aRy data regardiRg air emissioRS will be

deRied. No permit or portioR of a permit issl:led to a SOl:lrce iR

accordaRce ..."ith LAC 33. III. 507 shall be held cORfideRtial.

2. NOR disclosl:lre Shall Not Apply to Necessary Use by

the DepartmeRt. IR the eveRt a reql:lest for ROR disclosl:lre is

graRted, Sl:lch ROR disclosl:lre shall ROt apply to the Recessary use

of the iRformatioR by dl:lly al:lthorized officers or employees of

state or federal goverRmeRt iR carryiRg Ol:lt their

respoRsibilities l:lRder the Act or applicable federal law. Any

officer or employee of the state or federal goverRmeRt \iho seeks

access to such iRformatioR ffil:lst be dl:lly al:lthorized by the

admiRistrative al:lthority. The admiRistrative al:lthority shall

ffiah:e his determiRatioR to graRt such al:lthorizatioR based OR a

'."ritteR reql:lest by such perSOR which shall specify the

reql:lestor's Rame, affiliatioR, aRd the Reed for access to the

iRiormatioR based OR the Act or applicable federal law,

3, Basis for NOR disclosure Bust be Specified, A

facility may submit a ..."rit::teR request for ROR disclosure ....hich

shall specify the basis for requestiRg ROR disclosl:lre as provided

iR RIS, 30,2030. All materials clearly labeled "CONFIDENTIAL' I

8
FINAL/MAY 20, 1996 0814

r.Y'hich are subffiitted te the adffiinistrative autherity 'Y..-ith a

'YY'ritten request fer nen disclesure shall, subject te Subsectien

F.2 ef this Sectien, be.afferded cenfidentiality.

4. Previsien fer Denial. If the adffiinistrative

autherity deterffiines that any ffiaterial received pursuant te

Subsectien F.J ef this Sectien sheuld net be afferded

cenfidentiality, the departffient shall issue a written denial ef

the request fer nen disclesure te the requester.

5. Pien cenfidentialHaterial te be

Segregated. Inferffiatien deterffiined te be cenfidential by the

adffiinistrative autherity shall be segregated freffi any inferffiatien

deterffiined te be nen cenfidential, previded in cases where

cenfidential inferffiatien cannet be reasenably extracted er

separated freffi nen cenfidential inferffiatien and 'Ythen the

inferffiatien dees net include air effiissiens data, the 'YY'hele

decuffient shall be cenfidential. Cenfidential inferffiatien shall

be ffiaintained in a lecked file separate freffi nen cenfidential

inferffiatien. The file shall be labeled "CONFIDENTIAL, I J ,,#ith

access apprepriately centrelled.

G. Persens Whe Hust Sign Access Leg. Whenever a

persen autheri2ed under Subsectien F.2 ef this Sectien gains

access te a cenfidential file, he shall sign an access leg which

indicates his understanding ef the cenfidential status and his

respensibility te pretect the inferffiatien freffi being disclesed te

the public. The persen 'YY'ill alse indicate in the access leg

r'Y'hich file 'Ytas reffieved, the date and tiffie the file r.ms reffieved,

the affiliatien ef the persen if net 'Ytith the adffiinistrative

autherity, and the tiffie and date the file was returned.

7. Departffient Representative Hust be Present While

Cenfidential File is Revie'YY'Cd. Except fer ffieffilgers ef the Air

Quality Divisien staff, autheri2ed persens shall revie'YY' a

cenfidential file in the presence ef an Air Quality Divisien

staff meffilger. Cenfidential inferffiatien shall be reffieved freffi the

file ne lenger than is strictly necessary. A ffiaxiffiuffi ef ene

duplicatien er cepy ef any cenfidential inferffiatien 'YY'ill be

allmY'ed.

8. Cenfidential Inferffiatien te be Returned When Ne

Lenger Needed. The adffiinistrative autherity shall reffieve

cenfidential inferffiatien freffi its files and return it te the

previder when such informatien is ne longer necessary or required

fer the purpeses ef the Clean Air Act, these regulatiens, er any

9
FINAL/MAY 20, 1996 OS14

order or under the terffiS and conditions of any license or perffiit.

* * * [Sec prior text in G]

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Radiation

Protection, Air Quality Division, LR 19:1420 (November 1993),

amended LR 20:1375 (December 1994), amended by the Office of the

Secretary, LR.

10
Department of Environmental Quality

offiee of the Secretary

Administrative Procedures - Confidential Information

(LAC 33:I.Chapter 5; 33:111.107 and 517; 33:V.319 and

1113; 33:VII.309; 33:IX.301, 309, 315 and 1507;

33:XV.324)(OSI4)

NOTICE OF INTENT

Under the authority of the Louisiana 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 rnIemaking

procedures have been initiated to amend LAC

33:I.Chapter 5; 1II.107.E, 517.F; V.319, 1113.D;

VII.309; IX.301.N, 309.D, 315.F, 1507.A; XV.324.F-G

(OSI4).

The proposed rule establishes a consistent set of

procedures for departmental management of information

submitted as confidential. R.S. 30:2030 (B) requires the

department to adopt regulations for processing requests for

confidentiality. The proposed rule would improve existing

rules by adding clarification, improving consistency, and

consolidating existing programmatic (solid waste,

hazardous waste, air quality and water quality) regulations

into one conveniently located chapter.

This proposed rule meets the exceptions listed in R.S.

30:2019(D)(3) and R.S.49:953(G)(3), therefore, no report

. regarding environmentallhealth benefits and social!

economic costs is required.

These proposed regulations are to become effective upon

publication in the LouisUma Register.

Title 33

ENVIRONMENTAL QUALITY

Part I. Office of the Secretary

ubpart l. Departmental Administr. tive

Procedures

Chapter Confidentiallnrormation lations

§501. Seo

Department f Environmental lity records and

information obtai d under the Lo )siana Environmental

Quality Act (hereina r called" e Act"), or by any rule,

regulation, order, lice ,re' tration, or permit term or

condition adopted or) d thereunder, or by any

investigation authorized by, shall be available to the

public, unless confiden 'ality requested in writing and

such information is etermine by the administrative

authority to require nfidentiality. ch information may

be classified as co dential by the adm 'strative authority

if the secre makes a written de rmination that

confidentiali is necessary to:

I. pre ent impairment of an ongoing inv tigation or

prejudic to the tinal decision regarding a viola n; or

nt Or Environmental Qu ity

Quality and Radiation Pr

Air Quality Division

lity Assurance Procedures

( lAC 33:III.6115 and 6117)(AQ128)

SCAL AND ECONOMIC IMPACf STATEMENT

FOR ADMINISTRATIVE RULES

E TITLE: Special Education Advisory Council

I. EST ATED IMPLEMENTATION COSTS (SAVI GS)

TO TATE OR LOCAL GOVERNMENTAL NITS

(S )

This will place in the Louisiana Administ . e Code

for the t time, the Special Education Advisory, Council.

1994-95 penses associated with the Adviso Council

were $5,3 for travel, meals and lodging are funded

through t Individuals with Disabilities cation Act

(Federal F ). It is expected that these xpenses will

continue to be' urred in succeeding years.

Estimated c t for printing this policy

the fiscal and nomic impact statement

Register is appro' ely $200.

II. ESTIMATED EF CT ON REVENU

OF STATE OR OCAL GOVE

(Summary)

There is no effect 0 revenue coli ions of state or local

governmental units ass iated with t .s rule.

m. ESTIMATED COSTS D/OR E ONOMIC BENEFITS

10 DIRECTLY FEC PERSONS OR

NONGOVERNMENTAL GROD S (Summary)

There are no costs or eco mic benefits to directly

affected persons or nongov ental units associated with

this rule.

N. ESTIMATED EFFECT COMPETITION AND

EMPLOYMENT (Summary

There is no effect on

associated with this rule.

Carole Wallin

Executive Director

9510#053

(Editor' Note: The above noted document was

inadverte dy published with the incorrect Division tid

page of the September, 1995 Louisiana Register.

correc Division is the Air Quality Division.)

951 5·

1093 Louitsillm. Re{)itsu:r. Vol. 21. No. 10 October 20, 199
§509. Rei

A. e administrative authority all remOVf

confiden al information from its files and re rn it to tht

submi when such information is no longer n cessary 01

requir d for the purposes of the act, these regu lions, 01

any 0 der or under the terms and conditions of an license,

regi alion, or permit.

. Files declared confidential as part of an inves alicr

II be returned to the public record files upon concl sian

the investigation.

AUTHORITY NOTE: Promulgated in accordance with

30:2030.

HISTORICAL NOTE: Promulgated by the Department of

vironmental Quality, Office of the Secretary, LR 22:

Part III. Air

Chapter 1. neral Provisions

§l07. Investiga' s-Auth--:"---

Pursuant to the Isions of R.S. 30:2011, the

'}dministra' authority sha ke such investigations as

/a cessary and proper to carry t the purposes of the

5. name and address of any license, registra on

pe mit applicant or permittee; and

6. all contents and information contained w thin a

re ed by a NPDES, LPDES, and other water ischar

perm application or permit.

C. e notice of determination shall heeo e final a1

not subj t to further administrative review u ess, no lat

than 30 ys after receipt of this document the submitt

files a wri n request for a hearing.

D. I ormation submitted unde a claim

confidentiah shall be held as confid rial until a fin

determination has been made.

AUTIIORI NOTE: Promulgated in ccordance with R.

30:2030.

HISTORICAL OTE: Promulgat by the Department I

Environmental 'ty, Office of the ecretary, LR 22:

2. protect trade secrets, proprietary secrets an

information, and commercial or financial information.

AUTIIORITY NOTE: Promulgated in accordance with S.

3 :2030.

ISTORICAL NOTE: Promulgated by the Departme t of

. onmental Quality, Office of the Secretary, LR 22:

§50. Request for Confidentiality

A. Anyone outside the deparunent re esting

conti ntiality shall provide to the administrative uthority

a wei n statement indicating the reasons for asserting

confide ·ality. This claim of confidentiality s all state:

1. e measures taken to guard agai undesired

disclosure f the information to others;

2. th extent to which the informa on has been

disclosed to rs and the precautions take in connection

therewith;

3. wheth r disclosure of the info

likely to re in substantial harm effects in the

competitive mar et, and if so, what se harmful effects

would be, why th Y should be vie as substantial, and

an explanation the causal elationship between

disclosure and such rmful effec ; and

4. the period of e for whic confidential treaunent

is desired.

B. Any person submi . g information to the

administrative authority or w ich a confidentiality claim

is asserted shall follow ttl pr cedures outlined below:

1. a cover sheet shall attached to the information,

which has been conspicu usly labeled with the \\\Jrd

"CONFIDENrlAL." Each p. or any item (e.g., pictures,

maps, video tapes, co u disks, etc.) that contains

alleged confidential i orma 'on shall also be clearly

labeled;

2. if possible, confidenti I information shall be

segregated to facili te identifica 'on and handling. The

confidential informa on shall be s cifically referenced as

appropriate in the onconfidential cument; and

3. the c nfidential reque and confidential

information shal be submitted to the epartment's Office

of Legal Affair and Enforcement, Le I Division.

AUTHO NOTE: Promulgated in a ordance with R.S.

30:2030.

HISTORIC NOTE: Promulgated by Department of

Environmen Quality, Office of the Secretary, LR 22:

§50S. Ag cy Review of Confidential In rmation

A. Wi . 21 days from the date of receip of the claim

of conti ntiality, the secretary shall issue a witten notice

of dete 'nation by certified mail to the subml r.

B. Specific categories of information tha shall be

deni confidentiality include:

. air emission data;

2. any permit or portion of a permit issued to a

accordance with LAC 33:1II.507;

3. effluent and discharge data to surface waters and

groundwaters;

4. location and identification of any buried waste;

Lou;s;"n. Ret/;srer Vol. 21. No. 10 Ocrober 20, 1995 1094
cordance with R.S.

74(B)(3) and (B)(4).

the Department of

* * *

omplete until any such claim is resolved in accordance

ith LAC 33:I.Chapter 5.

* * *

Louisi.n. Regisee, Vol. 21. No. 10 Oceobe, 20. 1995

[See Prior Text in D.6 - H.2]

A THORITY NOTE: Promulgated in accordance with R S.

30:2 80 et seq.

HI IDRICAL NOTE: Promulgated by the Departme t of

Enviro ental Quality, Office of Solid and Hazardous aste,

H Waste Division, LR 10:200 (March 1984), ended

LR 16:2 0 (March 1990), LR 18:1256 (November 1 ), LR

20:1000 eptember 1994), LR 20:1109 (Detobe 1994),

amended the Office of the Secretary, LR 22:

t IX. Water Quality Regulatio

Permits

[Sec Prior ex m A - C)

D. During all renewal 0 rmination proceedings the

entire application and/or per it is open for comment in a

public hearing, subject to 0 fidentiality in accordance

with LAC 33:I.Chapter 5.

***

[Sec Prior Text in A . E.l.b)

F. All r corded information (co permit

application ti ms, fact sheets, draft permi or any public

document) ot classified as confidential i ormation in

accordanc with LAC 33:I.Chapter 5 wi be made

available the public for inspection and copyi pursuant

to the fo owing conditions:

I. uring normal office hours;

2. under the observation and supervision of a

of th staff of the Office of Water Resources;

. copies of compiled records and information '11 be

m e available within a reasonable amount of time pon

w. itten request at a cost in accordance with establi ed

epartment policy; and

4. no recorded information shall be removed from

office, except as provided herein.

***

the Department of

. and Nuclear

her 1987),

• "siana Environmental Quality Act and in connectio

'th:

Part V. Hazardous Waste and Hazardous M erial

ubpart 1. Department of Environmental aJityHazardous Waste

3. General Conditions for Treat ent,

Storage, and Disposal Facili Permits

1319. Co fidentiality

Provisions or confidential informati

LAC 33:I.Cha: tee 5.

AUTHORITY TE: Promulgated accordance with R.S.

30:2180 et seq,

HISIDRICAL NO : Promul ated by the Department of

Environmental Quality, ffice 0 Solid and Hazardous Waste,

Hanudous Waste Division, R 0:200 (March 1984), amended

LR 13:84 (February 1987J amended by the Office of the

Secretary, LR 22:

Chapter 11. Generat

11113. Exports of H

Prior Text in A - .4)

5. ministrative author

complete noti cation to the receiving ountry and any

transit coun ies. A notification is com ete when the

administr ve authority receives a notifican n which the

adminis live authority determines sa es the

requir ents of LAC 33:V.1l13.D.1. Where a laim of

can entiality is asserted with respect to anv noti ation

infl rroation required by LAC 33:Y.II·13.D.I. the

a ministrative authority may find the notification t

~~:- [See Prior Text in 0]

AUTHORITY NOTE: Promulgated in accordance with R.S.

~:t' 30:2054.

':'" HISIDRICAL NOTE: Promulgated by the Department of

~. Environmental Quality, Office of Air Quality and Radiation

~: Protection, Air Quality Division, LR 19:1420 (November 1993),

, amended LR 20: 1375 (December 1994), amended by the Office

ofthe Secretary, LR 22:
t

David W. Hood

Senior Fiscal Analyst

A public hearing will be held on November 27, 1995, at

1:30 p.m. in the Maynard Ketcham Building, Room 326,

7290 Bluebonnet Boulevard, Baton Rouge, LA 70810. 4

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 please contact Patsy Deaville at the

address given below or at (504)765-0399.

All interested persons are invited to submit written

comments on the proposed regulations. Commentors

should reference this proposed regulation by OSI4. Such

comments should be submitted no later than December 4,

1995, at 4:30 p.m., to Patsy Deaville, Investigations and

Regulation Development Division, Box 82282, Baton

Rouge, LA, 70884-2282 or to 7290 Bluebonnet Boulevard,

Fourth Floor, Baton Rouge, LA, 70810 or to FAX number

(504)765-0486.

James B. Thompson, III

Assistant Secretary

FISCAL AND ECONOMIC IMPACT' STATEMENT

FOR ADMINISTRATIVE RULES

RULE TITLE: Administrative Procedures - •

Confidential Infonnation ,

I. ESTIMATED IMPLEMENTATION COSTS (SAVINGS)

TO STATE OR LOCAL GOVERNMENTAL UNITS

(Summary)

No significant effect of this proposed rule on

implementation costs to state or local governmental units is

anticipated.

TI. ESTIMATED EFFECT ON REVENUE COLLECTIONS

OF STATE OR LOCAL GOVERNMENTAL UNITS

(Summary)

No significant effect of this proposed rule on state or

local governmental revenue collections is anticipated.

TIL ESTIMATED COSTS AND/OR ECONOMIC BENEFITS

TO DIRECTLY AFFECTED PERSONS OR

NONGOVERNMENTAL GROUPS (Summary)

No significant effect of this proposed rule on costs or

benefits to directly affected persons is anticipated.

IV. ESTIMATED EFFECT ON COMPETITION AND

EMPLOYMENT (Summary)

No significant effect of this proposed rule on competition

and employment is anticipated.

James B. Thompson, III

Assistant Secretary

9510#044

ulgated by the

'r Quality and

:34 (January

ended by the

the Department of

•••

***

r TCJI;t in A.8 - H.2

romulgated in a cordance with R.S.

Prior TCJI;t in A - A.6]

lity of Information. Any . formation

submitted by the a plicant, as required by a application

for certification, a d declared as confid ntial by the

applicant shall be andled in accordan e with LAC

33:I.Chapter 5.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2001 et seq., am in particular Section 2074(B)(3) and (B)(4).

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Water Resources in LR

II : I066 (No ember 1985), amended by the Office of the

Secretary, LR 2:

Chapter 15. aler Quality Certification Proce ures

§1507. Proce ures for Issuance of Water Qu ly

Certifi tion

[ Prior TCJI;t in H - K]

AUTHORITY NO : Promulgated in acc rdance with R.S.

30:2001 et seq.

HISTORICAL OTE: Repealed and repro

Department of nmental Quality, Office of

Radiation, Radi ion Protection Division, LR

1992), amend LR 20: 179 (February 1994),

Office of the retary, LR 22:

Part VII. Solid Waste

S bpart 1. Solid Waste Regulation

Chapter • Scope and Mandatory Provisions

Program

§309. onfidentiality

. ions for confidential information may be fi und in

:I.Chapter 5.

ORITY NOTE: Promulgated in accordance with R.S.

30:2 I et seq.

STORICAL NOTE: Promulgated by the Department of

E ironmental Quality, Office of Solid am Hazardous Waste,

shlid Waste Division, LR 19:187 (February 1993), amended by

the Office of the Secretary, LR 22:

Louisillnll Register Vol. 21. No. 10 October 20. 1995 1096
CAPITAL CITY PRESS

NOTICE 01' INTENT Publisher of

THE ADVOCA'fE

PROOF OF PUBLICATION

AD.

Indefinite

10, :tJJ5

The hereto attached notice was published in

THE ADVOCATE, a daily I"'!ewspaper of general

circulation, published in Baton Rouge, Louisiana, and the Official Journal of the State of

Louisiana, the City of Baton Rouge and the

Parish of East Baton Rouge, in the issues of:

OCTOBER

Sworn and subscribed before me by the person

whose signature appears above In Baton

Rouge, La. on this

10

My Commission Expires:

Departrnenl 01 EnYlro~" 0u8IIly 0IIice 01_secr.tary

Underlhe authOrIty oIlha LouI- J __EnYiron.-J QualitY NA.

La. R.S. 30;2001 III aeq.• and In aceonsance wtIIl !he proviaiona 01 _ Admln"traIiW Procecl...

~.~:~:::.n:

making pt'OCl8dur8s he". -. _Ml to _ LAC 33:1.

Chapler Ii: 1I1.107.E. 517.F: V.3111. 1113.0: VlI.309: 1X.30I.N.

~.~~~,..~!.. XV.324.·

The propoNQ rule atabIlaMe a cone....... _ 01 proced....

101 cl--'mental~01

lnIonnalion _. MlbmillMl .. coni\-

LA R.S. 30:2030 (8) nIClutrM _

cIepartmenI 10 adOpt regutatJona 101 proceulng nIClUMtaIor conlI- _Ity. The propoMC\ rule woutd Improve -.a ...... by

edclIng c:IarlIIcatIon. Inl\)rO\I\ng ~.ncy. and coneoIldaIIng

...-ng _. programmatic (SOlId hazardous _. air auaIItY and __ ClL*Ity) regulationa no one ""-1IenlIy local- ed~. ThIa propoMd rule ....... _

.-pIIona '_In R.S. 30:20111 (0)(3) and R.S. 411;1153 (0)(3). -..ore. no report regarding

berlIIftta ancl ~economIc_ta .... qured.

n.ooe propoMd ntgUlaIIone _ to become elI~ upon

~1Ion1n_~Reg-

• A public r-tng will be "-ld

on """"ber 27. '1195. at 1:30 ~~_ Maynard Ketcham • (Room 328).7290_ bonnet Boulevard. Balon Rouge. LA 70810. '..._Ied peraona.,. ___ 10 anend and Mlbmll 01" on _ propoMd

_lCIment•. Should IndMdueia wtIh a dillabltlty need an accom- ..-1On In order 10 P"'1JCIpete

plNM contaeI P"'y Deavtlle al _ edclretl. QI-. below 01' at

(1104) 786-03110. MInI_ed per...,. .,.1n¥It.

eel 10 Mlbmll ....... oommenta .on _ propoaed AIO\IIaIlOna.

IIlouId ral_

-

LoCI'propoaed raguIatIOn by - #OS14. SUch comment. atIOUId be .ubmltteel no Iat_

than December 4. 11195. III 4:30 p.m•• 10 Patsy DeaYllIe. IrWftIlge- _ and RegulatIOn Devel0pment DMaIon. Posl OIIlce 80. 112282. Baton Rouge. LA, 70884- 2282 01 10 72110 Bluebonnet ae..-rd. 4th Floor. Baton Rouae. LA. 70810· or \0., ...

number (504)7~. CopIes 01 1t1. proposed regulation can

be purchased at Ihe above r....• enoecI add..... You may contacI _ ~S1lgal_ and Regulalion DeYek>pn-.t DMalon al (504) 785-03911 101 pricing tntor- , mallOn. Check 01 moneyord_. !

raqulracl In adVance 101 elICh _0I0S14. . Thia _eel regulation •

...-IlabIe lor InepectlOn at the 101-

loWIng DEC olfica 1Oea1_ lrom 8:00 a.m. untIl 4:30 p.m.: 72110

Bluebonnat BouleYara. 41h FlOOr. Baton Rouge. LA 70810: 804 31.. Street. Monroe. LA 71203: State Ollie. Bulkllng. 1525 F_1d Avenue. Shreveport, LA 71101: 35111 Palrlck SIr_I. Lake Charles. LA 70605: 3501 Ch.- leau BoUlevard Wesl Wing.

Kenner. LA 70065: 100 Aam. BoulevBrd. Su~e 151. Lalayatta. LA 70508.

JAMES S. THOMPSON. til ABa.s"'" Secretary 812472-OC11G-11

812472

V03-96-078, 0514
MOTICE OJ;' INTENT

PHONE: (3181 235-851 ,

FAX: (3181 237-8940

In order to en..,,. proper credit,

plea..re"r to your Invoice number

andlor account number when making payment.

Ad Total •4-5.00

InchiSq. Count q

Ad Number ~'?J;;)...t.a1

Notary Public

*

*

*

*

PUBUSHED MOR~NGS

221 JEFFERSON STREET

LAFAYETTE, LOUISIANA

AFFIDAVIT OF PUBLICATION

VO 3-

Swom to and subscribed before me on this /3 "tiLday of Oc:!i5 Lv,'"'--r1995

Deplrtment 01

Envlronmentll Quality Office 01 the SecretIry

Under the luthortty 01 the

_oullllni Envlronmentl' ~ulllty Act. 1.1. R.S. 30:2001 ~t MQ.. Ind In Iccor'lIlnCI

""Ith the provilloni 01 the

A.dmlnl.,rltlve 5Ifoocldurl

Act. 1.1. R.S. 49:950. It seq•• Thl lecretlry glvel notIce

Thlt rulemlklng proceClures

lIave IleeII Inltllted to Imend"2

The I.AC 33: I.Chlpter 51 .... 1I1.107.E. 517.F/ V.319.

1113.D; VII.309/ IX.301.N.

309.D. 315.F. 1501.AI

XV.32A.F-G

TlMt propoleCl (L..og IOS14). IVle estlb- '¥) 6n.,u.'tJl'. 61.~.

IIsh.. I conslltem set 01 pro- ".Lf,f"""'--'-..:....;::....:..._~..;...-----''"--=:...

cedurel for departmentll

manlgement 01 Informltlon _'---~_"'T---------­ submitted III confIClentII'. • f~.

the L.A department R.S. 30:2030to

(B)ldopt requires re;u- =:=--L------,'I-"---!...:=~=AL q L'_ _ Iltlonl for prOCelilng. \10 requests tor confidentlillty. V ;J i

~rl.O _ D~0 '-" The propolld rull would ....:..=...::~----'--""::.-_-------­

Improvi exlltlng rules bY'

Iddlng cllrlflcltlon. Improv· lnoconsllteney. Ind consol'

Idatlng Ixlltlng lII'Ollrlmmltlc (SOlid Wllte.

huardOUI WI.te. Ilr qUlllty Ind wlter qUlllty) rlgulltlonl Into onl

convenIently located chlptlr.

Thll propoleCl rull meetl - LOUiSIANA the excertiOM lilted In R.S."

i?s:A~953~~)~3t(~~:,IF LAFAYETTE no

mentallhellth report reglrdlng belllfits envl"",' and X R

soclal/lconomlc CO.tl 'I

required. I, '-:::::~e~~--!::::::'::::::::::..l.~:::::P=:::::::::::""" do solemnly swur tMt I lUll the

Theil propoled' - regullitlonl Irl to become RK of THE ADVERnSER, a newspaper ed and published at Lafayette, in the Parish of Lafayette, State

effective upon publication In

the L.oulsllflll Reglstet'. .• and that from my personal knowtedge and reference to the files of said publication the advertisement of : '" puI:JIC--!leM"..._wf1l be ..., on MovemllM2r,.l9tS. It ' n ~.r:..,::;~~~~ ~~ tJ(J.,L-~ OS /4

7290 BluebcilnetJou.evlrd•. 118ton RCIIOI, L.A 711110. Inter.

ested pel"lOlll I,.. invited to

IttlncI Ind IUbmlt oral com· ments on the proposed amendments. Should IndlvldUII. with I d/sablllty need In

accommodltlon In order to

partlclplte plelle contlct

PatlY Delville at the Iddress

gIven below or It (504)765- 0399.

Inv~~~~nt::e:~e:,J'i;rs::~tr~ !d In THE ADVERnSER on the following dates:

comments on the proposed regulltlonl. Commentorl

should reference thIs

Proposed regulation by the

L.0ll IOS14. Such comments

shOUld be submitted no liter

thin December 4. 1995. It 4:30

p.m., to PltlY Dnville.

Inveltlgitlons Ind

RegulatIon Development DIvIsIon.! Post Office BOll

82282. ts Iron Rouge. L.A• .....2282 or to 7290 Bluebonnet BOUlevard. 4th Floor.

Baton Rouge. L.A. 70810 or to

fiX number (504)765-0486. Cop/e. 01 this propoSed regu- lation cln be purchlSed at the

3bove referenced IClOress.

You mlY Contact the Investl.

atlons and Regulation :>evelopment DIvISion It

:504) 765-0399 for priCIng nformatlon. Check or money ,rder 'I required In Idvlnce or elCn copy of OSIA.

Thll projlOleCl regulltlon S Ivallib/e tor Inspection It

,hi follOWing DEQ offIce Ioca- ona from 8:00 I.m. until 4'30 .m.: 7290 Bluebonnet Bou"eud. 4th Floor. Blton Rouge A. 708101 804 31st Street' ~onroe. 1.A 71203; Statt

fflce BuliOIng. 1525 FalrflelO venue. Shreveport, LA

1011 3519 Patrick Street

Ike Charles. L.A 706051 350i

'ateau Boulevard West

Ing. Kenner. L.A 700651 100

,ml BOUlevard. Suite '51

'fBV!TTf. ~0508. •
LCOP

State of Louisiana

PARISH OF CALCASIEU

Before me, the undersigned authority. ~rsonally came and

appeared KATHY IGUESS

who being duly sworn. deposes and says: That he is the duly

authorized agent of THE LAKE CHARLES AMERICAN PRESS,

a newspaper published daily at Lake Charles. Louisiana.

(Address: Box 2893, Lake Charles, LA 70602)

That the attal'herl wa.o; published in said newspupl.'r in its

issue(s) dated _..:.O..:.C..:.T:.......:l=-l:::..L'--=1:...:9;...:9~5 _

TC9901FOl-$31.00

VQ3-96-Q79

Sworn ,\Orl su\)st"riht'd at my Ilffil'c in Lakl' ('harks.

Louisiana. I his 11 TH day of ~O...:C::...T~ _

I!) __95 .

/

Notary Puhlk.

LASTOIOO
tlhe tlimes -i~icaJ!une 3800 HOWARD AVENUE. NEW ORLEANS. LOUISIANA 70140-1097 TELEPHONE (504) 826-3206

State of Lou:siana

Parish of Orleans

Special Notices

My commission expires at my death.

City of New Orleans

october 26, 1995

Notary Pu ic

70884-2282

on the following dates

Baton Rouge, IA

P.O. Box 82282

Personally app~ared before me, a Notary in ani

for the parish of Orleans, Robert-J. Chiasson

who deposes and says that he is the Accounts

Receivable Manager, of the Times-picayune

PUblishing Corporation, a Louisiana Corporation, Publishers of The Times-Picayune, Daily

and Sunday, of general circulation; doing

business in the City of New Orleans and the

State of Louisiana, and that the attached

Sworn to and subscribed

!~before me this

_2_6_th day of

Was published in. ~The~_T~me~· __s~P_i~ca~~~ __

F.e: Rule Making to emend Ln.C 33:I. Chapter 5 i VII •

1D7.E, etc.

Advertisement of Enforcenent & Regulatory

o EAST JEFFERSON ...DVERTlSER 0 WEST B"'NK "'DVERTISER 0 ST. T............NY ...DVERTlSER D EAST NEW ORLEANS ADVERTISER D ST. BERN"'RD "'DVERTISER 0 RIVER P...RISHES "'DVERTISEJI

THURSD"'Y "'ND SUND"'Y

o LAKE FRONT ...DVERTISER 0 ORLEANS ...DVERTISER 0 UPTOWN "'DvERnSER 0 ...IDTOWN "'DVERTISER

-------------------------THURSO...Y---- -
I

men, UI .... "~ .....- ••• _. \

::luali1Y 0IlIce cC !tie s.c-

'j '0<larY. U\1Oel !tie aulllOlIIY

01 III. Loulalana En'llronm.nlal Quality Acl, La.,

U. 30:2001 et M4. ana In i

QCCOtOanc. wtIIl 1M PIO" !

v\alon. 01 "'. AdmlnlItra-'

tiv. Proc.dur. Act, La.

R.S. 49:950••1 Mq., the

_tory 9V" notlce that

rUlemaklng proc.dur•• have b••n Initiated 10

amend LAC 33:I.ChaOteI

S' 1II.1070.E, 517.F; V.319.

1'1l3.0; VII.30t; IX.301.N,

309.0, 315.F. 1507.A;

Th.

XV.324.F-G

propaaedI~NI••atab111he' a conalltent ... 01

proc.dur.. lor d.partm.nlal monao-nt·0'

Intarmatlon .ubmllted as conlld.ntlal. LA R.S.)

30:2030 II) require. "'.

dePOIfrnen' to adOPt

ulalIoN lor proceeaIng ... queata for c:onIidentlalltY. . The propoaed IUIe would I

Irnpl'OY••xllllng NIM bY : adding clorlllcatlon. improving conalateney. and I

COftII)IIdaIIng ptdng plOgrammattc (1OIId woate.

hazgrdouI waate, <* quat..

tty and wale! quality)

utatlon. Inta on. conv"

nlentiy \oCCJted chaPtet.

this propaaed IUIe meeta

"'. .xc.ption. 1I.led, .... R.S. 30:2019(01 (3) and

R.5.49:943(GI (3). ther.-

tar., no regarcSInO ~ben-

.1ItI and aocIoI/econornlC

coati II requlfed. theM I

propoaed regulatlonl- i

to becOme upon I

publlcatton .... the LouIII- ana R.gI.ter. A pub/lC

.hearlng will be held on Nov.mber27,' ""5,"01 . 1:30 p.m. til the Maynard , K.tcham IulfdlnO, (Room

3261, 7290 llu.baMet

aoulevard. Jaton Rouge.

LA 70110. In...-ted per' _ are Invlted to allend

ana IUbmIt ClftII eornmentI'

on "'. propaMCS arnend:.

menta. StlOUId tndlV\dUCIII'

with a dllabllltY need an occommoclatlOft ..... order,

to partIcIpale. pleaIe can-: locI Polly Deavllie 01 the

addrea given beloW or at

(504) 765-0399. All Infe"

",.d peraona are Invtted

to .ubmlt written com- m.nta on the propaaed

,.guiatlon.. Comm.ntarl

ahoUld reterence ItlII PfO"

paaed regulatIOn by the

Log '0514. SUCh com- menta anouId be 1Ubm1t·

ted no IaIer lhart Decem- ' tier ... 1995, at 4:30 p.m.,

ta Patsy DeavIII.. InvelllQQtlona DeveloP"*l' and

DlvIIIon.

R~

OffIc. lox 12212. laton

Rouge. LA. 7OIU-22I2 or to 7290 Il\IetIOIIMt lOUIevard, 4'" FlOor. laton

Rouge LA. 70110 or to fall

num~r (5041 765.Q4U.

Copl.. of "'II propaaed

r.gulation can be PUIchased at 1M aboVe rei·

el.nced add'.... You

may contact the Inv""-

gallOna and Regulation·

Deve!OPfh.nt DIVIIloft at

(504) 765~99 for prldI!9

Inlormotlon. ctlecll or money order II .-quIred In

advanCe lor eactl copy cC

OS14. ThIa PfOPOIed regu- lation I. avallabl. tor In. ,

&pection at "'. following : DEQ ollie. location. frOm

8:00 a,m. until 4:30 p.m.:

7290 IkIebonn.1 Ioul.·

vard. 4th Floor. laton

Rouge. LA 70110: 104 3111

SIr"'. Monroe, LA 71203;

Slate' OllIe- IuIldlng, 1525

Fairllelll Av.nu•• Shr.veport, LA 71101; 3519 Pal·

rick Str..., Lak. Charl.., " "f'II&.r'lIl,' 1Ic,n1 rhMeOU

PROOF OF PUBUCATION

STATE OF LOUISIANA

PARISH OF CADDO

Before me, the undersiped authority, persoD8lly came and appeared

~==~~=~ A1theas Cri tton __,!","_wau.y ...._.......11 1-- auuwu

tome, who beiDgduJysworn, deposes and saysthatshe isthe Assistant to theCJassif1ed

AdvertisingManager 01 TheTimes, and that the attached advertisment entitled:

NOTICE OF INTENT Oepartment-pf'''Eny;ronmpntaJ QuaHt.v

Office of the Secretary The propsoed rUle establishes

a eeAsistertt set of procedtl! es fo! deI'S! tlllental management of information submitted as confidential

(Log IOS14) f'1* V~:3-q'-()11

as per copy 01 advertUemeDt hereto annexed, was published in The Times on the

10llowiDgdates towit:

Ocatober 18, 1995

(Siped) t2t.:cl"cJ &-e~

SWOrD to aDd subscribed before me

thUllUlis,----=1:..::8:--Jdaaay O'L.f_-=O;.::c...;;t.=.o::.;be::..:r:.-. .19.2L.

PATRICIA J GR~ CADDO' PJ.R~~~ HNOTARY PUBLtt.-

MY COMMISr'-ON" LOUISIANA '-i IS FOR LIFE
1

2

3

4

5

DEPARTMENT OF ENVIRONMENTAL QUALITY

OFFICE OF THE SECRETARY - LOG NO. OS14

PUBLIC HEARING

NOVEMBER 27, 1995

6 MS. DEAVILLE:

7

8

9

Good afternoon. My name is Patsy Deaville. I'm

employed with the Louisiana Department of Environmental

Quality. I'll be serving as Hearing Officer this

10 afternoon to receive comments regarding proposed

11 amendments to the Office of Secretary regulation and

12 changes to the Air Quality State Implementation Plan.

13 The COmment period for the rule and the SIP

14 revisions began on October 20, 1995, when the notice was

15 published in the Louisiana Register. The comment period

16 for this rule and the SIP revisions will close at 4:30

17 p.m., December 4, 1995. It would be helpful to us if

18 all oral comments received today were followed up in

19 writing.

20 This public hearing provides a forum for all

21 interested parties to present comments on the proposed

22 changes. I'll ask that each commenter begin by stating

23 their name and affiliation for the record.

24 The first proposed rule change is designated by the

25 Log No. OS14. This rule change amends the Office of

26 Secretary regulations. The proposed rule establishes a

27

28

29

30

consistent set of procedures for Departmental management

of information submitted as confidential.

The Louisiana Revised Statutes requires the

Department to adopt regulations for processing requests

-1-
1 for confidentiality. The proposed rule would improve

2 existing rules by adding clarification, improving

3 consistency, and consolidating existing programmatic

4 regulations into one conveniently located chapter.

5 Comments will begin with Andre Jacques.

6 MS. JACQUES:

7 My name is Andre R. Jacques. I'm a supervising

8 attorney at the Tulane Environmental Law Clinic;

9 however, I am not here to represent Tulane Law School or

10 Tulane University in any way.

11 I'm here today to represent L.E.A.N., the Louisiana

12 Environmental Action Network, and Louisiana Citizen

13 Action.

14 The DEQ has proposed regulations that will affect

15 public access "to information provided by all of the

16 major state and federal pollution laws. Broad access to

17 this information is necessary to allow citizens to be

18 sufficiently informed so that they may meaningfully

19 participate in the issues that affect them.

20 We are concerned that if the proposed regulations

21 are issued as they are currently written, they will

22 further restrict the public's access to this

23 information, and thereby threaten citizens' ability to

24 participate and act as a watch dog.

25 There are six major problems with the proposed

26 regulations. First, the EPA has promulgated regulations

27 under the Clean Air Act, the Clean Water Act, and the

28 Solid Waste Disposal Act that explicitly deny

29 confidential status to certain types of information.

30 The DEQ's proposed rule does not track the exact

-2-
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

language of these provisions of federal law. Because

Louisiana has assumed responsibili~y for the

administration of the federal Clean Air Act and the

Solid Waste Disposal Act, and intends to do the same for

the Clean Water Act, the DEQ is required to provide

access to this information gathered under these statutes

in the same manner, and degree, as provided for in the

EPA regulations.

Second, where the DEQ fails to make a determination

within 21 days,' proposed Section 505 effectively

provides confidentiality by default to any document

submitted under a claim of confidentiality. Section 505

requires that information submitted under a claim of

confidentiality shall be held as confidential until a

final determination has been made. Thus, if DEQ does

not decide if some information is confidential within

the 21 days provided in the rule, that information will

remain hidden from the public access for an

indeterminate period of time.

We submit that also the default should be

disclosure, no~ confidentiality. Citizens are not

provided with notice of these proceedings and 50, have

no way to make arguments for access, whereas the person

who submits the material for confidentiality is keenly

aware of what is going on. It should fall to the

submitter to keep DEQ on track in the determination

procedure, not those who are not even in fault in this

process.

Third, the proposed regulations do not provide for

redaction, or blacking out the confidential parts of a

-3-
1 document that is otherwise required to be disclosed.

2 Under the proposed regulations, if a page of a document

3 determined to be confidential is determined to be

4 confidential, that whole page will be withheld from the

5 public view, regardless of whether it also contains

6 important non~confidential information.

7 EPA regulations provide for such partial disclosure

8 in 40 CFR 2.103. We ask that the DEQ consider adding a

9 similar provision to that found in the federal law.

10 Fourth, these proposed regulations do not require

11 the DEQ to indicate to someone viewing records that some

12 parts of them have been withheld and filed separately as

13 confidential documents. We submit the DEQ must provide

14 notice that the record does not contain all of the

15 documents submitted to DEQ.

16 The proposed regulations should require that

17 markers be placed where pages or parts have been removed

18 and provide some identifying information so that these

19 documents may later be described with sufficient

20 particularity, to allow reference in any later

21 proceedings.

22 The regulations should also require the

23 administrative authority to provide a non-disclosive

24 summary of the confidential information such that the

25 potential problems and health risks may be identified.

26 Fifth, under Section 509 of the proposed rule, the

27 administrative authority is required to remove

28 confidential materials from its files when it no longer

29 needs them, and r~turn these materials to the submitter.

30 This provision not only allows the DEQ to receive and

-4-
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

return a document without providing any opportunity to

the public of challenging its confidentiality, but it

also effectively erases any paper trail.

We submit that there should be a minimum retention

period for all confidential materials within a file,

commensurate with the period required for holding the

non-confidential materials in that same file.

Sixth, we submit that the proposed regulation

should provide for viewing of otherwise confidential

information under written agreement for confidentiality.

Such disclosure would be allowed only under

circumstances enumerated in a rule. To protect the

submitter of the said confidential information, the

disclosure would require the viewer to agree in writing

to maintain the confidentiality of the document under

terms defined 'in a regulation.

As they are currently written, the proposed

regulations fail to provide the level of access to

information r~quired under the federal statutes that

Louisiana has adopted and has held to carry out.

Further,' passage of these regulations as they are

currently written would represent a very real threat to

our safety, and cannot be justified by concern for

administrative'expediency.

Thank you.

MS. DEAVILLE:

Thank you. Our next commenter is Henry Graham.

MR. GRAHAM:

Good afternoon. My name is Henry Graham. I am

Legal and Environmental Director for the Louisiana

-5-
1

2

3

Chemical Association.

LCA is a trade association representing chemical

manufacturers in the State of Louisiana. Many of our

4 companies are subject to the Department's environmental

5 regulations an~ would be impacted by the proposed rule.

6 We do intend to submit written comments on the

7 proposed regulations prior to the comment deadline, and

8 would ask that the Department respond in writing to any

9 comments that were received, and also to provide any

·10 technical amendments, if any are made to change this

11 rule, prior to' seeking oversight approval.

12 We have several concerns with the proposed rule,

13 and I'm not going to try to go through all of those.

14 They will be in our written comments, but we would like

15 to say that there is some additional information that

16 may be needed in the regulations, particularly dealing

17 with the maintenance of confidential information.

18 There is a statutory - some statutory language that

19 was passed in the recent session that provides penalties

.. 20 for unauthorized and knowing disclosure of confidential

21 information.

22 We also suggest that there are some other

23 provisions that could be provided so that the there is

24 a record of persons who are having access to

25 confidential information files. We had previous

26 requirements in your previous rules that allowed the

27 Department to maintain a log of persons seeking access

28 to the file, and we do not think that the Department's

29 employees should be excluded from those provisions as

30 you have in the proposed rule.

-6-
1 Again, we will give you some more additional

2 comments in our written comments and we thank you for

3 the opportunity to comment.

4 MS. DEAVILLE:

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

Thank you, Mr. Graham. Does anyone else care to

comment on this regulation?

(No response.)

If not, the hearing on OS14 is closed. Thank you

for your attention and participation.

CERTIFICATE

I, MARGARET MORVANT, Certified Court Reporter, do

hereby certify that the foregoing testimony was heard

before the Honorable Patsy Deaville, Hearing Officer, on

November 27, 1995, in Room 326, Maynard Ketcham

Building, Baton Rouge, Louisiana; that I did report the

proceedings thereof; that the foregoing pages, numbered

1 through 7, inclusive, constitute a true and correct

transcript of the proceedings thereof.

~t~ET MORVANT Certif~ed Court Reporter

"

-7-
Comments Submitted For

Departmental Administrative Procedures: Confidentiality

LAC 33:LChapter 5

Log # OS14

COMMENT #

1

1,2

25, 28, 31, 32

3,4, 5,21,24,27,30

1, 11, 12, 15, 32, 33, 34, 35, 36

6-10, 13, 14, 16-20,22,

26, 29, 37, 38

SUBMITTED BY

Hans 1. Mueller / Browning Ferris Industries

N. R. Latimer / Exxon Company, U.S.A

R. Michael Lyons / Louisiana MidContinent Oil and Gas

Henry T. Graham, Jr. / Louisiana Chemical

Association

Anne J. Crochet / Schwab & Waher

Andree R. Jacques / Louisiana

Environmental Action Network and

Louisiana Citizen Action
COMMENT 1:

RESPONSE 1:

COMMENT 2:

REC;:PONSE 2:

COMMENT 3:

RESPONSE 3:

COMMENT 4:

RESPONSE 4:

COMMENT 5:

Comments Submitted For

Departmental Administrative Procedures: Confidentiality

LAC 33:LChapter 5

!-og 1# OS14

General. The commentor supports the promulgation ofthese rules

which will establish a consistent set ofprocedures regarding confidential

information.

DEQ is gratified to receive this endorsement and will proceed with

adoption ofthis rule.

GeneraL In order to ensure the protection of confidential information

while in the custody ofLDEQ, the commentor recommends the addition of

provisions regarding maintenance of confidential information similar to

those currently found at LAC 33:IX.301.N.4.d. These provisions should

include requirements for segregation from non-confidential information,

records of access by LDEQ staff: supervision of access by authorized nonLDEQ staff: and safe storage (Le. lock and key).

The text has been amended in Sections 507 and 508 to include provisions

for handling confidential information.

General. The commentor submits that LDEQ's proposed

amendments to the confidentiality rules should be carefully reviewed by

LDEQ and modified as necessary to insure that such amendments do not

jeopardize the proposed delegation ofthe federal NPDES program to

LDEQ.

Amendments to the proposed rule have been made to clarify the scope of

denial of confidentiality for water permits and to elaborate on procedures

for maintenance ofconfidential information.

General. The commentor believes that an additional section should be

added which should reference the statutory penalties provided for

intentional disclosure or conspiracy to disclose trade secrets or other

information which has been determined to be confidential, as contained in

RS. 30:2030 (C) and RS. 30:2074 (D) (9).

Text has been added in Section 507 B which specifies penalties regarding

release of confidential information.

General. The commentor included recommended text that should be

added in order to specify how LDEQ intends to handle information

deggnMed as confidential
RESPONSE 5:

COMMENT 6:

RESPONSE 6:

COMMENT 7:

RESPONSE 7:

COMMENTS:

RESPONSES:

COMMENT 9:

RESPONSE 9:

Amendments have been added in Section 508 to provide for the handling

and safe-keeping of confidential information.

General. LDEQ regulations do not provide for public notice of

confidentiality determinations. A default rule requiring disclosure would

protect the public's constitutional right to access.

Public notice ofconfidentiality determinations would defeat the purpose of

protecting sensitive information. The Freedom ofInformation Act protects

the public's right of access to material not determined to be confidential

The regulation limits the scope ofmaterial that may qualify for

confidentiality in Sections SOland 505 B.

General. The commentor submits that LDEQ must include a

provision for redaction of confidential information to provide access to

non-confidential information required by law. (See 40 CPR §2.103)

Section 503.B.2 has been amended to provide for submittal ofdual

documents with the confidential provisions blacked out in the

nonconfidential version. Section 503. B.3 clarifies that whole documents

shall be confidential only in cases where the confidential information cannot

be extracted or separated.

General. The proposed regulations do not require LDEQ to provide

any kind ofnotice or explanation to those viewing a file that there are

documents that have been designated as confidential and are missing from

that file. Without this information, the viewer cannot evaluate the records

accurately and the value ofaccess to the records is thereby greatly reduced.

Section 503.B.I requires confidential information be clearly labeled.

Section 503.B.2 states that ''The confidential information shall be

specifically referenced as appropriate in the nonconfidential document." If

blacking out is used, the blacked out portions need to be identified as

confidential

General. The commentor believes that the proposed rule should

consider the possibility that circumstances may arise which may necessitate

the disclosure of confidential information, and should provide for such

disclosure. For example, release ofconfidential information may be

necessary to protect the health or safety ofthe environment against an

unreasonable risk ofinjury.

Confidential information may be disclosed to duly authorized persons

(emergency response personnel for example) ifit would be helpful in
alleviating a situation posing an imminent and substantial d~ger to public

health or safety, as determined by the Administrative Authority.

COMMENT 10: GeneraL The commentor believes that any person should be allowed

access to confidential information upon request after signing a

confidentiality agreement which states that the information examined

pursuant to the agreement will not be revealed.

RESPONSE 10: RS. 30:2030 A(2) limits disclosure of confidential information to duly

authorized officers or employees ofthe state or federal government in

carrying out their responsibilities. Penalties for unlawful disclosure are

limited to these individuals.

COMMENT 11: §501. The commentor believes the rule should provide that the

request and any written determination of confidentiality should be subject

to review by the assistant secretary for Legal Affairs and Enforcement.

RESPONSE 11: A technical amendment has been prepared to move the request submittal

requirement from Section 503.B.3 to 501. The relocation will clarifY that

all (originating within and outside DEQ) written requests for confidentiality

shall be submitted to the Legal Division for review and recommendation to

the secretary.

COMMENT 12: §501. n e determination for confidentiality should specify the

reason and the period for which confidentiality shall apply. In the event the

need for confidentiality ceases, the determination should also include

specifications for when and how the information will become available to

the public.

RESPONSE 12: Section 503 specifies that the reason and period for which confidentiality is

desired must be included in the confidentiality request. The secretary may

include this information in hislher written determination. Section 509

addresses the topic ofrelease of confidential information.

COMMENT 13: General. Although the purpose ofthis rule is to condense regulations

concerning confidentiality, this rule drastically increases both the potential

for abuse ofthe power to make documents confidential, and the risk of

direct and indirect human exposure to hazardous wastes and other

pollution.

RESPONSE 13: The regulation limits the scope ofmaterial that may qualify for

confidentiality in Sections 501 and 50S B. The authority for the secretary

to declare documents confidential has not been expanded.

COMMENT 14: General. The commentor believes that LDEQ should revise the
proposed amendments both to comply with federl.llaw and to maintain the

availability ofpublic access to documents produced or required under the

regulations sought to be amended and the statutes they implement.

RESPONSE 14: With the technical amendments to the proposed rule, the department

believes the rule is consistent with state and federal mandates.

COMMENT 15: §501. This section should also require the secretary ofLDEQ to

articulate the reasons for requesting confidentiality.

RESPONSE 15: The reasons for confidentiality are outlined in the proposed rule. It is for

these reasons only that confidentiality would be granted and is unnecessary

to repeat the intentions for confidentiality.

COMMENT 16: §501.2. The phrase, to "prevent impairment ofan ongoing

investigation or prejudice to the final decision regarding a violation," lies

essentially untreated and thereby over extends LDEQ's discretion. While

this section is arguably analogous to the exemption category provided in

the EPA regulations under 40 CFR § 2.118(a)(7)(1), LDEQ regulations do

not provide any guidance for decisions based on this subsection.

RESPONSE 16: LDEQ feels that this section is in agreement with EPA exemption

requirements covered in 40 CFR § 2.118 (a)(7)(i)(A) &(B). In addition,

the language was taken directly from RS.30:2030 A(l)(a).

COMMENT 17: §50J. This section requires that the submitter ofthe documents for

request ofconfidentiality state whether measures have been taken to

protect confidentiality. However, this section does not inquire as to the

intent for the future. Compare to 40 CFR §2.208.

RESPONSE 17: The department feels that ifa submitter of confidential information has

taken adequate precautions to prevent disclosure in the past, it is likely that

the submitter will continue the management practice in the future. Also, as

part ofthe request, the submitter must indicate the period oftime for which

confidential treatment is desired.

COMMENT 18: §50J. This section fails to sufficiently incorporate the federal

criteria (40 CFR §2.208) for determining confidentiality. While the

comparable federal regulations provide a standard ofreview for a claim of

confidentiality, section 503 does not.

RESPONSE 18: LDEQ feels the information outlined in this section is sufficient for

requesting a claim ofconfidentiality.
COMMENT 19: §503. EPA's subsection (c) of §2.208 requires that the

information "is not, and has not been reasonably obtainable without the

business's consent"; however, the state's rule requires only submission of

the "extent to which the information has been disclosed."

RESPONSE 19: The State also requires businesses state ''the measures taken to guard

against undesired disclosure ofthe information to others." In making the

determination for confidentiality it will be selfevident by studying the

measures taken whether or not the information has or has not been

reasonably obtainable without the business's consent. In this way, the

decision can be based on more information than just a 'yes' or 'no' to the

question ofinformation being readily available.

COMMENT 20: §S03. EPA lists under §2.208(d) that "No statute specifically

requires disclosure ofthe information" under request for confidentiality.

LDEQ does not include such a provision in this section which specifically

states the information shall be denied confidentiality ifit is required by the

statutes to be disclosed.

RESPONSE 20: A provision has been added to 505.B.7 which addresses this concern.

COMMENT 21: §S03.A. The commentor believes the listed requirements are unduly

burdensome and unnecessary. The person requesting confidentiality should

simply be required to submit a written request for confidentiality which

specifes the basis for requesting such as provided in La. R.S.30:2030.

RESPONSE 21: The department feels the requirements in this section are necessary in order

for a determination ofwhether the basis for the claim of confidentiality is

justified and consistent with the submitter's past management history ofthe

information. No change to the rule has been made.

COMMENT 22: §S03.A.3. While this section might appear to meet EPA's

requirements, the fact that the submitter need only "submit" allegations

against disclosure and not prove or "show" any ofthem leaves LDEQ

without any standard for review to apply to the submission.

RESPONSE 22: The federal regulations require the ''business must satisfactorily show that

it has taken reasonable measures to protect the confidentiality..." LDEQ

feels the requirements in this section are sufficient in "showing" the

precautions that have been taken to prevent disclosure.

COMMENT 23: §SOS. The phrase, "air emission data", is not defined within the

proposed rule. Without an explicit definition it is impossible to discern

whether such language is intended to be commensurate with the EPA

requirement.
RESPONSE 23: Air emission data is covered under RS. 30:2030 and it is not specifically

defined in the Louisiana statute. The Air Quality Division uses the EPA

definition for "emission data" as published in the Federal Register VoL 56,

No. 35, February 21, 1991.

COMMENT 24: §503.B.3. This section requires that any person submitting information

to the administrative authority for which a confidentiality claim is asserted,

shall submit the confidential request and confidential information to

LDEQ's Office ofLegal Affairs and Enforcement, Legal Division. The

commentor questions the way in which this requirement will be harmonized

with other requirements within LDEQ's regulations which require the

submittal ofthe same information to different offices/divisions within

LDEQ.

RESPONSE 24: The department is developing a standard procedure for all documents

requested to be confidential that will coordinate secure management from

Legal Division to secretary to a specified custodian ofrecords.

COMMENT 2S: §50S.B. The commentor believes it is not LDEQ's intent for the

proposed rule to deny confidential status to water permit applications. The

commentor asks that the provision be clarified accordingly.

RESPONSE 2S: It is LDEQ's intent to deny confidentiality to permit applications. This is

specifically covered under RS. 30:2074(0)(7)(d) & (e) which states that

no claims ofconfidentiality will be accepted or granted for contents of

water permit applications and all information required by the water permit

application whether accompanying it, attached to it, or submitted

separately.

COMMENT 26: §50S.B.2. It is unclear why reference is made to lAC 33.m.507.

EPA requirements simply require that "any emission standard or

limitation..." be denied confidentiality. LDEQ regulations must follow suit.

RESPONSE 26: The reference to LAC 33:m.507 is not new (See lAC 33:m.517.F.l). It

is the intent ofthe department to retain previously established categories of

information that are denied confidentiality. No change to the rule has been

made.

COMMENT 27: §505.B.6. The commentor objects to any LOEQ requirement that all

information required to be submitted pursuant to a water permit be

considered nonconfidential. It is considered unreasonable and is not

currently required under the existing regulations nor under R S.

30:2074(0).

RESPONSE 27: RS. 30:2074 does require that all information submitted pursuant to a
water permit be considered nonconfidential The section has been amended

to provide clarification.

COMMENT 28: §505.B.6. The commentor is concerned that this provision may be

overly l>road. It is increasingly important to include greater levels of detail

in these applications to allow greater flexibility in operations. With this

greater level ofdetail, the need to protect information increases. In

additio~ with the increased emphasis on recycle and reuse ofwastewaters,

the posSloility of creating a competitive advantage through innovative

treatment methods has increased. Some provision which addresses these

concerns should be included in the proposed rule.

RESPONSE 28: The statute does not provide exceptions to the list of categories of

information that will be denied confidentiality. This section has been

amended to clarify the requirements in R.S. 30:2074(0)(7).

COMMENT 29: §505.D. The commentor submits that ifLDEQ fails to make a

determination within the twenty-one-day period provided, the information

should be made public within a short, specified period oftime, allowing for

appeal ofsaid failure by the submitter as final agency action.

RESPONSE 29: LDEQ is bound by R.S. 30:2074 to make a confidentiality determination

within 21 working days. That notwithstanding, also according to this

statute, "All materials clearly labeled "CONFIDENTIAL" which are

submitted to the department with a written request for nondisclosure shall

be afforded confidentiality pending a determination whether to grant the

request." Ifthe department fails to make a determination within 21

working days, there are legal remedies avaiable to the generator of a public

records request.

COMMENT 30: §507. The commentor submits that confidential information should

remain confidential even from department employees unless such

information is necessary for use by duly authorized department employees

in carrying out their responSlolities under the Louisiana Environmental

Quality Act, RS. 30:2001, et seq. The commentor recommends the

following text as replacement: "Any officer or employee ofthe state or

federal goverment who seeks access to such information must be duly

authorized by the administrative authority."

RESPONSE 30: This section has been amended to limit access ofconfidential information

to those employees that demonstrate a need for access prior to being duly

authorized by the administrative authority.

COMMENT 31: §507. Authorized agents to whom confidential information is

made available should be required to agree to maintain the confidentiality
ofthe information.

RESPONSE 31: An amendment has been made in Section 508 to include a requirement that

the authorized agent acknowledge hislher responsibility to protect the

confidential information from disclosure t~ the public.

COMMENT 32: §507. Recourse and penalties for wrongful disclosure of

confidential information should be included in this section as well.

RESPONSE 32: An amendment has been made in Section 507. B to specify penalties for

disclosUre ofconfidential information.

COMMENT 33: §507. The requirement ofmaintaining confidential records in a

separate file and keeping these records marked and secured as

"confidential," should be addressed specifically.

RESPONSE 33: An amendment in Section 508 addresses the requirements for maintenance

ofco:didenti3.I records as indicated in the comment.

COMMENT 34: §507. A record should be maintained ofpersons within LDEQ

having access to confidential files.

RESPONSE 34: An amendment in Section 508 A 1 addresses the requirements for a

confidential file access log as indicated in the comment.

COMMENT 35: §507. The commentor believes LDEQ should not provide a means

for persons outside the department to view confidential information simply

by signing an agreement nor by any other mechanism.

RESPONSE 35: This limitation would be inconsistent with statutory provisions. According

to RS. 30:2030 A(2), "nondisclosure shall not apply to necessary use by

duly authorized officers or employees ofstate or federal government in

carrying out their responsJ,bilities..." No change to the rule has been made.

COMMENT 36: §507. The commentor suggests that once a determination of

confidentiality has been made, public release ofthe confidential documents

should not occur.

RESPONSE 36: Public release of confidential documents may occur only in the case of

enforcement sensitive documents that are returned to public record files

upon completion ofthe investigation.

COMMENT 37: §509.A. This section requires that LDEQ remove confidential

material from the file and return it to the submitter when it is no longer

needed. Such a rule has the potential to allow elimination of any paper trail
RESPONSE 37:

COMMENT 38:

RESPONSE 38:

that in light oflater litigation or investigatio.n, could have provided

important insight. The commentor submits that LDEQ should institute a

minimum retention period for confidential documents within a file that

requires these documents to be retained for as long as the non-confidential

material is retained.

An amendment has been made to Section 509 A to establish a minimum

record retention ofthree years, regardless ofwhether the information is

needed

General. EPA's regulations specify additional substantive criteria for

confidentiality determinations in 40 CPR §2.302. That section

categorically denies confidentiality to any effluent data, as defined in

subsection (a)(2) ofthe same section, and "any progtoition, any effluent

limitation, or any toxic, pre-tretment or new source performance standard

established or publicly proposed pursuant to the (Clean Water) Act or

pursuant to any regulation under the Act..." 40 CFR §2.302(a)(2), (3), (e).

Thus, it is clear that, as the federal statutes and the regulations

implementing them are written, LDEQ must promulgate its rules in

compliance with and in a substantively parallel manner to EPA regulations.

An amendment has been made to Section 505 B. 6 to clarify confidentiality

claims that relate to water discharge activities. The department feels that

the proposed rule as amended is consistent with EPA's requirements to

receive delegation for the NPDES program.
The OS 14 Supplement contained pages LR 22:342

and 343 of the May, 20, 1996 Louisiana Register

and pages 1 to 7 of the redline/strike-out rules

version of the FINAL/MAY 20, 1996 OS14 RULES. 

In this compilation, the pages in the OS 14

Supplement have been integrated into the OS 14

document. 
APPENDIX F

SIP (Public Participation and Notification
POTPOURRI.

Department of Environmental Quality

Office of Air Quality an~ Radiation Protection

Air Quality Division

state Implementation Plan (SIP) General Revisions

- The Department of Environmental Quality, Office of Air Quality

and Radiation Protection, Air Quality Division will conduct a pUblic

hearing to receive comments regarding revisions to the State

Implementation Plan (SIP). The revisions include amendments to

various rules in LAC 33:III Chapters 1, 2 (previously 65), 5, 7, 9,

11, 13, 21, 23, and 25.

The hearing will be held on January 24, 1997, at 1:30 p.m. on the

third floor of the Maynard Ketcham Building, Room 326, 7290 Bluebonnet

Boulevard, Baton Rouge, LA. All interested persons are invited to

attend and submit oral oral comments on the SIP revisions. written

comments may be submitted no later than January 31, 1996, to Carla

Reiprecht, Air Quality Division, Box 82135, Baton Rouge, LA, 70884-

2135 or to 7290 Bluebonnet Boulevard, Second Floor, Baton Rouge, LA, 70810. .

A copy of the SIP changes may be viewed Monday through Friday,

from 8:00 a.m. to 4:30 p.m., at the following DEQ locations:

Headquarters

Air Quality Division

7290 Bluebonnet, 2nd Floor

Baton Rouge, LA

Acadiana Regional Office

100 Asma Blvd, suite 151

Lafayette, LA

Bayou Lafourche Regional Office

104 Lococo Drive

Raceland, LA

Kisatchie Central Regional Office

402 Rainbow Drive

Pineville, LA

Capitol Regional Office

5222 Summa Court

Baton Rouge, LA

Northeast Regional Office

804 31st Street, suite D

Monroe, LA

Northwest Regional Office

1525 Fairfield, Rm 11

Shreveport, LA

Southeast Regional Office

3501 Chateau Blvd, W wing

Kenner, LA

Southwest Regional Office

3519 Patrick Street, Rm 265A

Lake Charles, LA

The SIP is also distributed to the State Library of Louisiana,

Louisiana Section, 760 North Third Street, Baton Rouge, LA, and 25

other depository libraries throughout the state. Please contact the

State Library for locations and viewing times.

If there are any questions or other comments please direct them

to Carla Reiprecht at (504) 765-0916.

Gustave A. Von Bodungen, P.E.

Assistant Secretary
9612#081

Gustave A. Von Bodungen, P.E.

Assistant Secretary

I

1 \ ,

PPTPOURRI

9612#083

\\ POTPOURRI .//1

Department of Health and Hospitals

Board of Veterinary Medicine

'\ Board Nominations /

\ !

The Lo~is~ana Board of ~e~erinary Medicine anno~n~'es

that nomin,tIons for the posItIon of board member Wilt be

taken by the·J..ouisiana Veterinary Medical Associationit the

annual winte\meeting. t

Interested ~rsons should submit the name of nominees

directly to that\organization as per R.S. 37:1515. iit is not

necessary to be ~\member ofthe LVMA to be n0rr¥nated.

The LVMA max be contacted at (504)928-5861.

; \ l \. Virginia Anthony ~.

\ Interim Executive D~ctor 9612#029

Louisiana Raglsrar Vol. 22, No. t 2 Dacambar 20, t 996

t

~.

\ r . Department 0¥Iealth and Bospitals

Office o('·the SecretlJry

Bureau of Healt!\ Servicet;Financing

\ ;1 , J'

Pharmacy-Auth6rized' Prescribers

\ .~.

. .' ... ,,"

The Medicaid. Progr~. pr~i~e~ reimbursement. for

prescriptions prOVided to ehglbl"repplents un~er.Regulatlons

governing the Pharmacy ProgrjUll. J.he prescnptlons may be

written by appropriate professibnals authorized to do so under . \

state law. This is not a ~hange iI\ policy but merely a

clarification, and notification is provided to interested persons

through this medium. /' \

. l \

.Bobby P. Jindal \ ~, \ ~. Secretary ,

t '\ ?

I POTPOURRI \

; . \

Dep;rtment of Natural ResourceS\

J Office of Conservation \

.fujection and Mining Divjsion "

I \. J Public Hearing-Nonhazardous

Punui.oo~~e;:o:::~::::l ::~i:f ilie S~~Of Louisi~a and particularly Title 30 ofthe Louisiana Re ed

Statu ''s of 1950 as amended, and the provisions of e

Stat ide Order Number 29-B, notice is hereby given that tl\e . Co missioner of Conservation will conduct a hearmg at 6..

p. ., Monday, January 27, 1997, in the Jonesboro City Hall,\

1 nesboro Community Room, located on the First Floor, at \.

28 Allen Ave, Jonesboro, Louisiana. \

At such hearing, the Commissioner, or his designated \

representative will hear testimony relative to the application

ofLADEP ofLouisiana, Incorporated, Box 187, Haynesville, \

\ 1301

i\ 'F. 2

Nonheast Regional Office

804 31 5t Street, Suite D

Monroe, LA

Nonhwest Regional Office

IS2S Fairfield, Room II

Shreveport, LA

Southeast Regional Office

3S01 Chateau Boulevard

WWing

Kenner, LA

Capitol Regional Office

, S222 Summa Court

'Baton Rouge, LA

Kisatchie Central Regional Office

402 Rainbow Drive

Pineville, LA

Headquarters

Air Quality Division

7290 Bluebonnet Boulevard

Second Floor

l'atoll Rouge, LA

Acadiana Regional Office

100 Asma Boulevard

Suite lSI

Lafayette, LA

Bayou Lafou~che Regional Office

104 Lococo Drive

Raceland, LA

Southwest Regional Office

3S 19 Patrick Street, Room 26SA

Lalce Charles, LA

The SIP is also distributed to the State Library ofLouisiana,

Louisiana Section, 760 North Third Street, Baton Rouge, LA,

and 25 other depository libraries throughout the state. Please

contact the State Library for locations and viewing times.

Please direct questions or comments to Carla Reiprecht at

(504) 765-0916.

comments on the SIP revisions. Written comments may be

submitted no later than January 31, 1997 to Carla Reiprecht,

Air Quality Division, Box 82135, Baton Rouge, LA 70884-

2135 or to 7290 Bluebonnet Boulevard, Second Floor, Baton

Rouge, LA 70810.

A copy ofthe SIP changes may be viewed Monday through

Friday, from 8 a.m. to 4:30 p.m., at the following DEQ

locations:

POTPOURRI

epartment of Health and Hospitals

oard of Veterinary Medicine

The Louisiana Board 0 Veterinary <Hcine will meet on

the following dates in 199'i:\..

Tuesday, January 28, 199..;z

Wednesday, March 26, 19

Tuesday, May 6, 1997

Tuesday, June 17,199

Wednesday, August 0, 1997

Wednesday, Octo r 15, 1997

Tuesday, DecelJl er 2, 1997

I ,

/ Virginia Anthony "-

/ Interim Executive Director I ,

9612"" /

I
CAPITAL CITY PRESS

Publisher of

THE ADVOCATE

Sworn and subscribed before me by the person

AD.

Indefinite

DECEMBER 96

My Commission Expires:

RECEIVED 6 y. DEQ ..

Investigations and Re~gulati0" Development C);VI:k. n

PROOF OF PUBLICATION

The hereto attached notice was published in

THE ADVOCA"rE, a daily newspaper of general

circulation, published in Baton Rouge, Louisiana, and the Official Journal of the State of

Louisiana, the City of Baton Rouge and the

Parish of East Baton Rouge, in the issues of:

DECEMBER 17,

whose signature appears above In Baton

l~ouge, La. on this

day 0

"

POTpoURRI

Department of _

EnWonment81 Quality 0IIIce 01 AIr 0uelIty and .Radl8I1On Pr0l8CllOn

AlrOuailty OMslon' Slate Implementation PIan(SlP)

Gen.aI Revlalona ' The~oIE~,

menl81 Qual/ty. 0IIIce 01 AIr QulII. .

Ity end Radlellon. PJotec:tIon. All ' .QUll/lty DM.Ion ..... conduct a

PUblle=Iilcalve com- nMnlS ntg8Rl niIrlaIona to tn.; SI8Ie I tIan Plan (SIP). The Inctude amend. ment.. to. rules In LAC

33:III.~ 1. 2 (pteoAously

65).5.7.9. t1. t3. 21. 23. and 25.

TI>G . ~"li1cI on I Janua~ '.iI~:,Iil:on the th ,-, ll~ard .

Ketcham • . 326.

7290 BI Lil.....ard. 8a.on Ro 1\. ,nterested persona are to altend and submit 0tlII menbI an the SIP r$'Vfs'ona. W,ftten comments

may be aubmltled no later tnen

January 31_ 1997. 10 Certa

. Relp<echl. AIr Quality OMslon. Boo 82135, Baton Rouge. LA, 70884·213S or to 7290 BluebOnnet Bo"'....ard. S<><:Oncl Floor. Baton Rouge. LA. 7081O.

A copy of the SIP cnanges may be viewed Monday through

Friday. from 8:00 a.m. to 4:30

p.m.. at the fOllowtng. OEQ loca- t/OMS: "

Headquarters. A,r Quality OM·

sian. 7290 BluebOnnet. 2nd Floor. Baton Rouge. LA

Acadia"" Raglonal Offlcs. 100 Asma BI.d. SUlle 1St. Lafayette.

LA

Bayou Lafourche Regional Of·

flce. 104 Lococo OrNe. Raceland. LA Klsalchle Central Regional Of·

flee. 402 Rainbow OrNe. Pineville. LA Capitol Regional Otrlce. 5222 Summe Court. Balon Rouga. LA Northeast Reglo",,1 OfIk:e. 804 31st Street. Suite 0 Monroe. LA Nortnwest Regional Ofllce~

1525 Falrlleld. Am n. Shreve- port.LA

SO<dheast Regional Offlce. 3501 Chateau Blvd. W WIng Kenner.LA .

SO<dhwest Aeglonal OfIIce.

3519 Patrick Street. Am 255A.

Lake Chartas. LA .

The SIP ill 81100 distributed to

the Stata Ubnlry of louisiana.

Loulslana Section. 780 North i

~lrG25S:: :.:=,~~ I

throughout !tie.t8le. Please c0ntact \Ile. Sla.. UbrBIY fo< 1oca- tions and \/Iewtng limes. . If there are 8rt'/ questIOns or

other comments pie...... direct them to Carla Re4p<echl at (504)

765-0915.

GUSTAVE A. VON BOOUNGEN

P.E.

Assistant Secretary

1091B43-dec.17-1t

RECEIVED BY:

DEQ

Investigations and Reou1atiorl

Deveiopment r:>.·,' .,

DEC 231996

Regulation Develuprnerli S~'_l;""

Time:

Clerk:---------

DEC 231996

Regulation Develuprnem S"..,,·_ j,

Time:--------_.~--

Clerk: .....__ ~. .

-.._...--- 1091843

V03-97-144 SIP

3
~"U.Hm IolORNING.5

221 JEFFERSON STREET

L.AFAY1!:TTE. LOUISIANA

IUJUPlG AOCACSS:

- P. O. BOX ~68

FA~LA. "1'C:102

AFFJDAVIT OFPUBLICATION

PHONE: (31 8J 289-6300

FAX: (31 8l 289-6.<67

,

_T~~V~S~

U~,

STATE OF LOUISIANA -

PARISH OF LAPAYETTE -

I, 'B/LcuYt.dCL tJup'LL

In order to ensure proper credit,

please refer to your ad number

when making payment

do so*nnJy S".-al that 1am the LEGAL CLERK

of THE AOVERTlSER. • printed and pUblished at Lafayette, In the Parish of Lafayette,

SQte of lad tbat tram my per$OMJ kno~ge and reference to the files of said

plbUeatlon the ~ertlSti1"le.nt or.

was published in

~~d~ •

*

RECEIVED BY:

. DEQ

THE ADVERTISER on the followin~%tStT~ationsand Regulallor.

Wp. ~.J2'/~ ;;)d-, J7qh Developme.t'_t_D_i\i_·i~_,i_cl_l _

DEC 3(}....:..::19:...:..96=-- _

Regulation Oevero::.::9:.:.m~e:.:n..:.:.t.-:;.3:....::~_('_t;o_n_j _

Time:__---.*~....._._, ...._..__

Swom to and subscribed before me this c?ff!J day of kmk

I g£ J:iuJ1unv

NOTARYPUBUC

"f 4

,1990
Thl rlvlslons InClude

amendmenn to varIous rules·

In LAC 33:III.Chapters 1. 20

(prevlouslv 65). S. 7. 9, 11, 13.'

21. 23~ and 25. • The hearing will be held on:

January 24. 1997 at 1:30 p.m.. ----~.--- on the third floor of the,

66S1I5 Maynard Ketcham BuHdlnll;'

POTPOURRI Room 326, 7290 Bluebonnet

DEPARTMENT OF Boulevard, Baton Rouge,

ENVIRONMENTAL LA. All Interl!$ted person$"'

QUALITY are Invited to anlnd. and"

OFFICE OF AI R QUALITY SUbmit oral commenn on tha.

AND RADIATION SIP revisions. WrItten com... PROTECTION ments mav be submitted n~ ""R QUALITY DIVISION later than January 31, 1997.'

Stat. Implementation Plan .lo Carla Relprecht, All':'

(SIP) General RevIsions .. Quality Olvlslon. BoX 921J5,:

The Department of ,.'Baton Rouge, LA, 7Q884-21J5

EnVironmental Quality. or to 7290 Bluebonnet

OffiCI of AII' QuallW and Boulevard. Second Floor,

RadIation Protection. All' Baton Rouge, LA. 70810.

Quality DIVIsIon WIH conduct .A copy of. the SIP_c:I1anges a IlUbll~ hearIng to receIve may be ·:vlewed Monday

comments regardIng revl· through FrIday•. from 8:00

slons to the State a.m. to 4'30 p.m.;' at tne falImplementation Plan (SIP). lowIng oe~~a~~o~~~: _

Hea'dquarfers

AIr'Quallty DivisIon

7290 Bluebonnet, 2nd Floor

Baton Rouge, LA

Acadlana Regional Oftlce

100 Asma Blvd, suite 151

Lafayette. LA . I

BayoU Lafourche Reglona

Office

104 LOCOCO DrIve

Raceland, LA I

Klsatchle Cen.ral ReglOna

Of~~eRainbow DrIve

PIneville, LA

Capitol Regional office

. S222 summa Court

Baton Rouge. l.A , Northeast Regional Ottlce

904 31st Street, Suite D

Monroe. LA

Northwest Regional Office

1525 Falrlleld, Rm 11

Shreveport, LA

Southwest Regional Office

3501 ChateaU Slvll, W WIng

Kenner, LA. Ollt • southwest R~lonal ee 3519 Patrick Street, Rm

265~ke Charles, l.A

fhe SIP Is alSO distributed '0 the State Library of , Louisiana

LouIsiana, N rth Third Section. 760 0 LA

strdeet'25 a~~~~r R~~~~sltory an • n t the

librarieS throug ~~t the '

~tl;~~' 0~~~~; f~~n (ocatlons

and viewing tlr:;~~' questions It there are t please or other comme~os Carla

direct them, 0916

Relpreent aAt (~~ ~~~jungen, ,Gustave •

~·tslstant~ecretarv

';
Affidavit of Publication

34398801-21.00

CHARLENE NOPE

5

who being Juiy sworn. de:?oses ;rnd su.ys:

LA.

The :lltac:-ted LEGAL ADVERTISHE'NT

',v"s publishd in Suld :1e'.vsp<J.per :n i(s issue::s) daced

DEC 23,1996

Subscloe:i ~nti S'vVorn :0 before me chis ~2",,3.L..- _

llJ. \' 1)[ DEC 19 :l( L::ke Cl:J.ries.

He/she is a duiy amhorized agem of

LAKE CHARLES AIYfERICAN PRESS.

:l neWSiJl10er pubiishd. d;lliy J( :!.900 Highway 90

E::s.. L.1ke CJ.Jries. Louisiana. 7060 l. (Maii

:lddress: P.O, Box 239::. LJ..'<e Claries. L.-\. -:-0602.)

STATE OF LOUISIANA

P:lrish of C.1iClSieu

.. Before me, the unde~igned authority, pe~onaliy

c::une and :lppe:u-ed

POTPOURR!:·. i

Department of Envlrmmental Quality. OffIce of AIr

Quality and Radiation

ProtectIon. Air Quality

DivIsIon. State Implementation Plan (SIP) General

RevIsIons.

The Department. of

Environmental Quality

Office of Air Quality and

Radiation Protection. Air

Quality Division will conduct a public hearing to receive

c!lmments regarding revisions to .. the, State

Implementation Plan (51 PQ.

The revisions InclUde amendments to various rules In LA'C

33: III.Chapters 1. 2 (previously 65).5.7.9.11.13,21,23, and 25. ,

The hearing will be held on January 24. 1997. at 1:30

p.m. on the third floor of the

Maynard Ketcham Building.

Room 326. 7290 Bluebonnet

Bou!evard. Baton Rouge, La. ~1I.,nterested persons are invited to attend and submit

oral comments on the'SIP'

revisions. Written commervs

may be submitted no-later

than January 31, 1997, to

Carla Reiprecht. Air Quality

Division. Box 82135, Baton

Rouge, La. 70884-2135 or to

7290 Bluebonnet Boulevard. , Second Floar, Baton Rouge. La. 70810.

A copy of the SIP changes

may be viewed Monday

through Friday. from 8: :00 a.m. to 4:30 p.m.• at the follOWing DEQ locations:

Headquarters. Air Quality

DiVision. 7290 Bluebonnet.

2nd Floor. Baton Rouge La

Acodiana Regional office:

100 Asma BlVd.• Suite 151.

Lafayette. La. ' '

Bayou LafourChe

Regional Office, 104 Lococo

Drive. Raceland. La.

Klsatchie Central'

Reglonol OffIce. 402 Rainbow

Drive. Pineville. La. ' ;

Capitol Regional Office.

5222 Summa Court, Baton

,Rouge. La.

Northeast Regional

Office. 804 31st Street. Suite

0, Monroe. La.

~orthwest Regional Office, IRS Fairfield. Rm.

11, Shreveport, La.

". Southeast Regional Office.

3501 Chateau Blvd.• WWing. Kenner, 'La.

?outhwest ' Regional Office, 3519 Patrick Street.

Rm.265A, Lake Charles, La.

The SIP is also distributed to the State Library of

LOUisiana. Louisiana Section

760 North Third Street, Bato~ Rouge, La. and 25 other

depository libraries throughout the state. Please contact

the State Libra,.". for,Ioch- ' tions and viewing times. ,~',

, If there are any questions or other comments please

direct them ·to ,Garla

Reiprecht at (504) 765~16.,

Gustave A/Von Bodungen.· , ,'., .', ',. P E

, '" 'Assista~t SecretarY: Lt{.s7 '() I bO

December 23 , -Tt

12.23.02 ,
PROOF OF PUBLICATION

Publisher of

GANNETT CO. INC.

The hereto attached advertisement

was published in The NEWS-STAR, a

daily newspaper of general circula- ,-.-.

The News-Star

MONROE, LOUISIANA

V03·97.149

POTPOURRI

,'REQUEST FOR PUBLIC , COMMENT

Department of

Env;ronme"~al Quality

Office,ot. Air Quality

and Radlabon Prolection

Air Quality DivIsion State Implementation Plan {SIP) General ReVIsIOns

Tne Department 01 Environ. mental Quality. Office 01 Air

Quality. and Rad,ation Protec.1 hon. Air Qual~ty DiviSion will

co.nduct a public nearing to !Te'l celve commenls ragarding r&vi- s,on fa fne State Implementation Plan (SIP). Tne reVIsions include

amendments to vanous rules In

LAC 33:111. Cnapters 1. 2 (prevI'

~~~IY2~~)' 5, 7, 9. 11, t3. 21. 23,

I

The hearing win be hefd On

.January 24, 1997, at 1:30 p.m

On tne Inord floor 01 tne Maynard Ketcnam BUilding. Room 326

7290 Bluebonnet Boulevard, Ba:

ton Rouge, LA., All interested persons Cl!f8 invtted to attend

and SUb"",. oral comments On the SIP reVISions. Wril1en com.

ments may be submitted no laler tnan January 31. 1997. to

Carta Relprecht, Air Quality Div;.

slo~~":'~lsll~~FC..:::-:::...

bOnnet Boulevara. ::;econ a/ Floor, Baton Rouge. LA. 70810

A copy 01 ltle 51P chan es

~,8Y be Viewe.d MOnd8. "day, frOm 8:00 a.m.y Ihro~gh 10 4:30

~iio,;'sl Ihe fOllOWing DEQ

Headquarters

Air Quality DIVIsion .

7290 Bluebonnet, 2nd FlOor Baton Rouge. LA

Acadlana Regional Office

100 ASma Blvd, Suite 151

~~i~~u Lafourche Regional

104 Lococo Dflve Raceland, lA.

Capltoi RegIonal Office 5222 Summa Court Baton Rouge. LA

Northeast Regional OffIce 804 31 Sl Street. Suite 0 Monroe, LA.

NOrthwest Regional Office 1525 Fairfield. Rm 11 Shreveport, LA

o:~:atchie Central Regional

40.2 Rainbow Drive P;llevilte. LA.

S,?uthe8st Regional Office

3,,01 Chateau BlVd, W Wing Kenner, LA

SOuthwest Regional Office

3519 Patrick Street. Rm 265A lake Charles LA

The SIP is 'also distributed to the .State lIbrary 01 Louisiana,

louls'ana Section, 760 NOrth

Street. Baton Rouge. LA, and 25

other depOSItory libraries throughout the state. Please conlact lt1e State Ubrary for lO- catIons and viewing times.

II there are any questions or other comments please direet

~~';.'1J~~ 6

Carta ReipreCht at (504)

Gus Von BOdungen

Assistant Secretary

Monroe, lA

December 23, 1996

tion, published in Monroe, Louisiana,

Parish of Ouachita, in the issues of:

LEGAL AD DEPT.

Sworn and subscribed before me by

the person whose signature appears

above in Monroe, La. on this

--,-Q)~tt'_'__d ay

RECEIVED BY. . DEQ . Investigations and

Development DR~gU/ation 1V1SJon

JAN 09 1997

RegUlation Oevei

Time: opment Si;:CIJ0i;

Clerl<.:~---- _

------- ~. ---..---...., -

6
t!he t!imt5-i~icauune - 3800 HOWARD AVENUE, NEW ORLEANS, LOUISIANA 70140-1097 TELEPHONE (504) 826-3206

State of Louisiana

Parish of Orleans

December 16, 1996

70884

7

Sworn to and subscribed before me this

Personally app~ared before me, a Notary in and

for the parish of Orleans, Robert'J. Chiasson

who deposes and says that he is the Accounts

Receivable Manager, of the Times-Picayune

Publ~shing Corporation, a Louisiana Corporation, Publishers of The Times-Picayune, Daily

and Sunday, of general circulation; doing

business in the City of New Orleans and the

State of Louisiana, and that the attached

City of New Orleans

Legal Notices

Re: Public· Hearing. on the Revisions to the SIPIIAC 33:

III, Chp. 1,2, (previously 65) ,5,7,9,11,13,21,23,& 25

Advertisement of Investigations & Regulatory

P.O. Box 82282

Baton Rouge, IA

Wa s pub1ished in, The .:!:.ll!o<........:T!:,dllre6U,!;;<.;;s!.,.·AP..l.ilo.<ca'"'yt~mJSe:o...- _

on the following dates

_16_th day of

POTPOUIlIlI

O_rtment 01 Environmental Quail"" OffIce 01 Air QUail"" and Iladl.,lon Pro/ectlon . Air QueU"" Division

SIal. ImPlem.ntalion Plan (SIP) Gen.ral R.vlllons

'J;,~'.~'~ZI'i"·n'om EnvironQuail"" and ~adlauoc;.· Pa:.a,~~ tlon, Air Quail"" DMslon will ~~r~UCI a public haarlng to re- I v COmmenls regarding ravl- sons to Ih. SIal. ImPlementallon Plan (SIP). ThO' revisions Include

~mA·cndm33e?,s 10 varIous rules In .1I1.Chapters 1 2

~r:~"rv 65>,50 7, 9, II, 13; 21,

The h.arl~ will be h.ld on Jan-

::,,~ 2~0~r7, " Ir'~ p.m. on Ihe

Kelcham BUIYdlng, ·R~~n~ft ro~ :J~egbonnLAe' Boulevard, Ba: e, • All Inleresled' Peb"ons are Invlled 10 aflend and su mil oral comments on Ih SIP revisions. Wrillen commenl: 'J'ay be submilled no laler Ihan anuary 31 1997, 10 Carla RBelprecht, AIr Quality Division ox 82135, Balon Roug LA' ~0884-2135 or 10 7290 Blue'&'onnei

R~~~:."{~: ~38cl00~d Floor, Baton,

A COpy of fhe SIP Chl!llnges ml!ll i be viewed Monday Ihrough Frl~ day, from 8:00 am 10 4'30 at the following OEQ loci"'o~t'"

Headquarters

Air Quailly DIvision 7

B

290 llluabonn.t, 2nd Floor l!lIton Rouge, LA

Acadlan~ Regional Offlca

l~a"y~71:, '['Ad, SUIl8' 151

ff~:au Lalourch. Regional Of104 Lococo Drlv. . f RaCeland, LA .

~~tchle C.ntral Regional Of-

~~~1J:~~ Drive '

Capllol Regional OffIca

B

5222 Summa court alon ROUgO', LA

~rJ·asr Regional OffIcO'

Monr~,St:.e" SUllO' 0

Northwn' Regional OffIcO' 1525 Falrfl.'d, Rm 11 ShrO'veDOrt, LA

Soulheasr Regional Offlcp 35(11 Chateau Blvd W WIng i Kenner. LA '

I SOulhwesl Regional Office 3519 Patrlcl< Street Rm 265A Lal<e Charles, LA '

l,~~ srb'S also distributed 10 the' I e I rary at Louisiana, Leu. s~'ana secllonR760 North Third

o,~e:;, B:~~"o$i~~~e, LA, and 2S Ihrougho t Ih y libraries, tact the ~'a'ee t}g~e. Please Con- ! Hans and viewing t1~Zs. for loea..

~th there are any Questions or er comments please dlr t j~t."Q;f6.Carla Relprechl al Cs3iJ

~~s'ave. A. Von BodungO'n, P.

AUlstanr Secr.'ary

RM1M-H

My commission expires at my death.

~ST JEFFERSON ADVERTISER 0 WEST BANK ADVERTISER 0 ST. TM.A'-AANY ADVERTISER 0 EAST NEW ORLEANS ADVERTISER 0 ST. BERNARD ADVERTISER 0 RIVER PARISHES ADVERTISER

THURSDAYAND SUNDAY

o LAKE FRONT ADVERTISER 0 ORLEANS ADVERTISER 0 UPTOWN ADVERTISER 0 '-AIDTOWN ADVERTISER THUR~DAY --- ---
RECEIVED BY;

DEQ

Investigations and Regulation

Development DivisIon

JAN 02 1997

Regulation Development S..:...:tiuii

Time: \:,

Clerk:

--------- PROOF OF PUBLICATION

CClippiq of ad here)

STATE OF LOUISIANA

PARISH OF CADDO

Before me, th~~"W1dersigned authority, personally came and appeared

Al"-=t=:h.:.,:e==a::s:......;C:::.:ritt:;.::·=o:::.:n:..:...- , personally known

, i

Sworn to and subscribed before me

8 "',,"r, (;;r:.i .

At.THEA C. GOODWIN, NOTARY PUBLIC

CADDO PARISH, LOUISIANA

MY COMMl3SION J~ FOR LIFE

dayof December , 19__96 0

this 23

to me, who being duly sworn, deposes and saysthatshe isthe Assistant to theClassified

as per copy of advertisement hereto annexed, was published in The Times on the

POTPOURRI Department of Environmental Quality Office of

Air QUality and radiation ProtectiDn Air Quality division

V03-97-147

Advertising Manager of The Times, and that the attached advertisment entitled:

December 23, 1996

following dates towit:

'CnarleOl;' LA. Th<iSIP is alsO: I

distributed to the STate U- .

brary 01 Louisiana, louisiana S8ctlon, 760 North

Thitd Sireet, Baton Rouge,

La, and 25 other d<:>pasltcry libraries throughout· the

state. Please :contact the I

Stote Ub(ary fat locatiON i

and viewing "mes. II theN

ate any questlons·or alher

comments 'pleasfl'd119ct

them to Corio R&ipreclit at I

(504) 765-0916. Gus1ave AVon Bodungen, P.E., AssIstant Secretary. The TImes;

December 23, 1996

J5J, Lafayet1e. LA: Bayou

: Lalaurcha Regional Office,

104 Lococo Drive. Raceland, LA; "islochie Central

Regional OIftce, 402 Rainbow Drive, PIMville, LA;

Capitol: Regional Office.

5222 SUmma Court, lloIon

Rouge, LA; Northeast Reg/anal Offfce, 804 31st

Street, Suite D, Monroe,

LA; Northwest Regional 01-

flee, 1525 Falrlleld, Rm JI,

Shreveport, LA; Southeast

Regional Olllce, 350 I

Choteau Blvd, W Wing.

Keno"r, LA: Soul'-",,,,! RePOTPOURRI, Department 01

Environmental Quality 01-

flce 01 Air Quallty and Radiation Protection Air

Quality Division. State Implementation Plan (SIP)

General Revisions. The Department 01 Environmental

Quality, Office 01 Air Quality and Radiation Protection, Air Quaiity Division'

will conduct a public

hearing to receive comments regarding revisions·

to the State Implementation Plan (SIP). The revisions Include amendments

to various rules in LAC I

·33:III.Chapters I, 2 (previ- i

ously 65), 5, 7, 9, 11, 13,

21, 23, and 25. The hearing will be held on January 24, 1997, at 1:30 p.m.

on the third Iloor 01 the

Maynard Kelcham Building, Room 326, 7290 Bluebonnet Boulevard, Boton

Rouge, LA. All interested

persons are Invited to at-

. tend and submit oral

comments on the SIP revisions. Written comments

may be submltted no Iatet'

than January 31, 1997, to

Corla Relprecht, Air Quallty Division, Box 82135, Soton Rouge, LA, 70884-2135

or to 7290 Bluebonnet

Boulevard, Second Floor,

Soton Rouge, LA 70810. A

copy 01 the SIP changes

may be viewed Monacy

through Friday, Irom 8:00

a.m. 10 4:30 p.m.• at the

rolla wing DEQ locations:

Headquarters, Air Quality

Division, 7290 Bluebonnet,

2nd Floor. Baton Rouge.

LA; Acadiona. Regional OII Gce J00 Asmg BlVd Suilil
State of Louisiana

Department of Environmental Quality

M.J. ":\IIKE" FOSTER, JR.

GOVERNOR

December 20, 1996

TO INTERESTED PARTIES:

J. DALE GIVENS

SECRETARY

The State of Louisiana proposes State Implementation Plan

(SIP) revisions to incorporate regulations which have not yet been

sent to EPA for approval and inclusion in the SIP.

The Department of Environmental Quality, Office of Air

Quality and Radiation Protection, Air Quality Division will

conduct a pUblic hearing to receive comments regarding revisions

to the State Implementation Plan (SIP). The revisions include

amendments to various rules in LAC 33:III Chapters 1, 2

(previously 65), 5, 7, 9, 11, 13, 21, 23, and 25.

The hearing will be held on January 24, 1997, at 1:30 p.m.

on the third floor of the Maynard Ketcham Building, Room 326,

7290 Bluebonnet Boulevard, Baton Rouge, LA. All interested

persons are invited to attend and submit oral comments on the SIP

revisions. written comments may be submitted no later than

January 31, 1996, to Carla Reiprecht, Air Quality Division, Box

82135, Baton Rouge, LA, 70884-2135 or to 7290 Bluebonnet

Boulevard, Second Floor, Baton Rouge, LA, 70810.

A copy of the SIP changes may be viewed Mdnday through

Friday, from 8:00 a.m. to 4:30 p.m., at the following DEQ

locations:

Headquarters

Air Quality Division

7290 Bluebonnet, 2nd Floor

Baton Rouge, LA

Acadiana Regional Office

100 Asma Blvd, Suite 151

Lafayette, LA

Bayou Lafourche Regional Office

104 Lococo Drive

Raceland, LA

Kisatchie Central Regional Office

402 Rainbow Drive

Pineville, LA

Capitol Regional Office

5222 Summa Court

Baton Rouge, LA

Northeast Regional Office

804 31st Street, suite D

'Monroe, LA

Northwest Regional Office

1525 Fairfield, Rm 11

Shreveport, LA

Southeast Regional Office

3501 Chateau Blvd, W Wing

Kenner, LA

-.

Southwest Regional Office

3519 Patrick Street, Rm 265A

Lake Charles, LA

AN EQuAL OPPORTUNITY EMPLOYER

f 9

(}

cycled paper

OFFICE OF AIR QUALITY P.O. BOX 82135 BATON ROUGE, LOUISIANA 70884-2135

~-:?<'wT"'~S r~iSO"tOlI_
Page 2

December 20, 1996

The SIP is also distributed to the State Library of Louisiana,

Louisiana Section, 760 North Third Street, Baton Rouge, LA, and 25

other deposit~ry libraries throughout the state. Please contact the

State Library for locations and viewing times.

If there are any questions, please direct them to Carla Reiprecht

at (504) 765-0916.

Sincerely,

V~f~~VAo1 'Gustave A. Von Bodungen,

Assistant Secretary

GVB/cjr

f 10
Ms Grace Moore

-ecorder of state Documents

Qlture Recreation-& Tourism

L Manop Vanichchagorn

DEQ Capital Regional Office

.5.2 22 Summa Court :;

aton Rouge LA 70817-1720

L Sak Sintuphant AQ Eng Supv

EQ SE Regional Office

3501 Chateau Boulevard-West Wing

aenner LA 70065

HP Suzanne Jeffrey Chief Clerk

EQ SE Regional Office

~501 Chateau Boulevard-West Wing

Kenner LA 70065

Mrs Gwen Breaux Chief Clerk

~you Lafourche Regional Office

04 Lococo Drive

Haceland LA 70394

..r Robert Lafiette Chief ClerkNortheast Regional Office

-04 31st Street suite D

onroe LA 71211~4967

.!.. John Hi i_18r Bxec air ,

Kapides Area Planning Commission

.£ 0 Box 7586

lexandria LA 7~106

-r Don W Neisler Exec Dir

apital Region Planning Commission

POBox 3355

~aton Rouge LA 70821

Patrick Gordon Dir of Planning

errebonne Ph' Consolidated Govt

0 Box 6097

Houma LA 70361

Ms Dianne Walker Chief Clerk

SW Regional Office

3519 Patrick street Room 265A

Lake Charles LA 70605

Mr Serugudi Mani

DEQ Capital Regional Office

5222 Summa Court

Baton Rouge LA 70810

Mr Mike Algero AQ Reg Coor

DEQ SE Regional Office

3501 Chateau Boulevard-West Wing

Kenner LA 70065

Ms Myra Boutte Chief Clerk

Acadian Regional Office

100 Asma Blvd Suite 151

Lafayette LA 70508

Ms Allison Robair Chief Clerk

Kisatchie Central Regional Office

402 Rainbow Drive Bldg 402

Pineville LA 71360

Ms Debra Robertson Chief Clerk

Northwest Regional Office

1525 Fairfield Room 11

Shreveport LA 71101-4388

Mr J:{eith .Sayer, 'l'ran::;p I?lanr.erRapides Area Planning Commissl0n

POBox 7586

Alexandria LA 71306

Mr Huey Dugas Chief of Planning

Capital Region Planning commission

POBox 3355

Baton Rouge LA 70821

Mr Kevin Belanger Sr Planning

Terrebonne Ph Consolidated Govt

POBox 6097

Houma LA 70361

Mr Roger Hedrick Exec Dir

~afayette Areawide Planning

05 W University Avenue

Lafayette LA 70502

Comm

f 11

Mr Roger Hedrick Exec Dir

Lafayette Areawide Planning Comm

705 W University Avenue

Lafayette LA 70502
Mr Mike Hollier Sr Planner

Lafayette Areawide Planning Corom

705 W University Avenue

Lafayette LA 70502

Mr Walter Grandy Exec Dir

Imperial Calcasieu Reg Plan & Dev

POBox 3164 \

Lake Charles LA 70601

Mr David A Creed Dir

Ouachita Council of Governments

2115 Justice street

Monroe LA 71201

Mr John W LeBourgeois Exec Dir

Regional Planning Commission

suite 1100 Masonic Temple Bldg

333 st Charles Avenue

New Orleans LA 70130-312~

Mr Kent Rogers Director

Northwest LA Council of Govts -

509 Market street suite 1000

Shreveport LA 71101

Senator James Joseph Cox27th District Calcasieu Parish

723 Broad street

Lake Charles LA 70601

~enator James D~vid cain

30th District Calcasieu Parish

POBox 427

--Dry Creek- LA '-706':'7

Rep Ronnie Johns

33rd District Calcasieu Parish

3620 Maplewood . sulphur LA 70663

Rep Victor T stelly35th District Calcasieu Parish

POBox 12725

Lake Charles LA 70612

Rep Gerald J Theunissen

37th District Calcasieu Parish

POBox 287

Jennings LA 70546

f 12

Mr Ed Elam Planning Mgr

Lafayette Areawide Planning Corom

705 W University Avenue

Lafayette LA 70502

Ms Patricia QUlgley Transp Coor

Imperial Calcasieu Reg Plan & Dev

POBox 3164

Lake Charles LA 70601

Mr Doug Mitchell Planning Dir

Ouachita Council of Governments

2115 Justice street

Monroe LA 71201

Mr Walter Brooks Dir of Planning

Regional Planning commission

suite 1100 Masonic Temple Bldg

333 st Charles Avenue

New Orleans LA 70130-3120

Senator Tommy Casanova, III

26th District Calcasieu Parish

POBox 1020

Crowley LA 70526

Senator Donald E Hines

28th District Calcasieu Parish

POBox 262

Bunkie LA 71322

Rep; Herman Ray Hill ..

32nd District Calcasieu Parish

529 Tramel Road

Dry Cree}.: Ll~. ·70637 .-

Rep Elcie J Guillory

34th District Calcasieu Parish

2320 Dewey Street

Lake Charles LA 70601

Rep Dan Flavin

36th District Calcasieu Parish

4320 Lake Street

Lake Charles LA 70605

Mr S Mark McMurry Secretary

Calcasieu Parish

P 0 Drawer 3287

Lake Charles LA 70602-3287
}u Gene Garrett Police Juror

Dist 1 Calcasieu Parish

:- 0 Drawer 3287

: ike Charles LA 70602-3287

1 ; Elizabeth C Griffin Police Juror

District 3 Calcasieu Parish

l2.. 0 Drawer 3287 :~

: ike Charles LA 70602-3287

r~ Charles Mackey DDS Dist 5

I 1lcasieu Parish Police Juror

P 0 Drawer 3287

~ke Charles LA 70602-3287

Dana Carl Jackson Police Juror

. istrict 7 Calcasieu Parish

:.. 0 Drawer 3287

Lake Charles LA 70602-3287

Mr George Heard Police Juror

~strict 9 Calcasieu Parish -

o Drawer 3287

Lake Charles LA 70602-3287

••3 Sandra Treme Police Juror

District 11 Calcasieu Parish

- 0 Drawer 3287

ike Charles LA 70602-3287

t Francis A.{~arepOii:t Police JUTor

uistrict 13 Calcasieu Parish

e. 0 Drawer 3287

ike Charles-LA- 70602-32-87

~: Dale Bayard Police Juror

istrict 15 Calcasieu Parish

P 0 Drawer 3287

~ke Charles LA 70602-3287

Mr Calvin Collins Police Juror

District 2 Calcasieu Parish

P 0 Drawer 3287

Lake Charles LA 70602-3287

Mr Allen P August Pres & Dist 4

Calcasieu Parish Police Jury

P 0 Drawer 3287

Lake Charles LA 70602-3287

Mr D C "Chick" Green Police Juror

District 6 Calcasieu Parish

P 0 Drawer 3287

Lake Charles LA 70602-3287

Mr Al Burguieres Police Juror

District 8 Calcasieu ParisQ

P 0 Drawer 3287

Lake Charles LA 70602-3287

Mr Algie Breaux Police Juror

District 10 Calcasieu Parish

P 0 Drawer 3287

Lake Charles LA 70602-3287

Mr Larry Currie Police Juror

District 12 Calcasieu Parish

P 0 Drawer 3287

Lake Charles LA 70602-3287

My Ua.vid·_·~bsbice.Police JurULDist 14 Calcasieu Parish

P 0 Drawer 3287

Lake'~Charles LA. 7-0602-3287

Mayor·Lawrence A Henagan

city of DeQuincy

POBox 968

DeQuincy LA 70633

HPyor Lawrence Toups Jr

::>wn of Iow-a

0 Box 505

Iowa LA 70647

Mayor Willie

City of Lake

POBox 900

Lake Charles

Landry Mount

Charles

LA 70602

Mayor Charles H Reed

-ity of Sulphur

o Box 1309

SUlphur LA 70664-1309

f

Mayor Charles Coppels

Town of vinton

1200 Horridge Street

1 3vinton LA 70668
Mayor DUdley Ray Dixon

City of Westlake

POBox 700

Westlake LA 70669

-Mr Chuck Grant

Chemical Waste Mgm

7170 John Brannon Rd\

Sulphur LA 70663

Bonner LaFleur Firestone

Synthetic Rubber & Latex Co

POBox 1361

Lake Charles LA 70602

Mr Dan E Charlson

Himont USA Inc.

POBox 1687

Lake Charles LA 70602

Mr Dave Williams

Conoco Inc.

POBox 37

Westlake LA 70669

Mr Jim Mutch

GSU

P 0 Bx 2951

Beaumont TX77704

Mr Dan McCrory

Certainteed Products

POBox 253

Sulphur LA 70663

Mr Bob Hasan

Citgo Petroleum

POBox 1562

Lake Charles LA 70602

Mr Gary Whitaker

W R Grace & Company

POBox 3247

Lake Charles LA 70602

Mr Morgan T French

Olin Corp

POBox 2896

Lake Charles LA 70602

Ms Paula Fontenot

Lake Charles Carbon

POBox LL

Lake Charles LA 70602

Mr Pete Antoine

Westlake Polymers Corp

POBox 3089

Lake Charles LA 70602

Ms Pa:t\:.y Fa:lmer

Oxychem

POBox 3405

Lake Charles LA 70602

Mr Mike,..HC'.;y.,;s~--,

vista Chemical Company

POBox 605

Westlake LA 70669

Mr Chris Gaines

Westlake Petrochemical

POBox 2449

Sulphur LA 70664

Mr Dan Graef

Conoco/Venco

POBox 3187

Lake Charles LA 70602

Mr James E Wyche III

PPG -Industries

POBox 1000

Lake Charles LA - 70602

Sen Louis Lambert 18th District

Ascens EBR & Liv

40058 Bud Broussard Road

Prairieville LA 70769

f J4

Sen Tom Greene 17th District

Ascens EBR Iberv pt Coupee & WBR

POBox 338

Maringouin LA 70757

Rep Roy Quezaire 58th DistrictAscension & Iberville Parishes

P 0 Drawer 269

Donaldsonville LA 70346
I John C Diez 59th District

hdcension Parish

POBox 608

{-,nzales LA 70737

Tommy Martinez President

1 :cension Parish Council

305 Chetimatches

Donaldsonville LA \70346

Ms Celeste. Harris Sec/Tres

l-;cension Parish council

: )5 Chetimatches

Donaldsonville LA 70346

councilman Thomas Pearce Dist 2 ~cension Parish Council

)5 Chetimatches

LJnaldsonville LA 70346

Juncilman DUdley Brown

District 4 Ascension Parish Council ~5 Chetimatches

:maldsonvi.lle LA 70346

-Juncilman Milton Vicknair

_istrict 6 Ascension Parish Council

305 Chetimatches ~naldsonville LA 70346

aouncilm2L~ Jeffrey Po~he

i!;t.:i':-ict 8·. Ascellsion Parish C('UJ,cil

J05 Chetimatches

Qpnaldsonville LA 70346

Councilman Marvin Braud

-istrict 10 Ascension Parish Council

05 Chetimatches

Donaldsonville LA 70346

.-

MY Frank Frederic Pub Works Dir

Ascension Parish

2077 Churchpoint Road ~onzales LA 70737

.--.

r Glenn Shaheen Parish Engineer

Ascension Parish

0 Box 298

onzales LA 70737

f 1 5

Rep Audrey McCain 60th District

Ascension Iberville & WBR Parishes

58045 Meriam Street

Plaquemine LA 70764

Ms Gwen LeBlanc Chief Adm Officer

Ascension Parish council

305 Chetimatches Dona~dsonville LA 70346

councilman Alvin W Thomas

Dist 1 Ascension Parish Council

305 Chetimatches

Donaldsonville LA 70346

councilman Joseph Pierre Sr

District 3 Ascension Parish Council

305 Chetimatches

Donaldsonville LA 70346

councilman Gilbert Buratt

District 5 Ascension Parish Council

305 Chetimatches

Donaldsonville LA 70346

councilman Elect Todd Lambert

&istrict 7 Ascension Parish Council

305 Chetimatches

Donaldsonville LA 70346

councilman Jerry Savoy

D3 sr.rict.; ,;$i'o~ensic:"L Far'ish. Council

305 Chetimatches

Donaldsonville LA 70346

councilman Darnell Martinez

District 11 Ascension Parish Council

305 Chetimatches

Donaldsonville LA 70346

Mr Ralph Tureau Legal Advisor

Ascension Parish

208 East Cornerview

Gonzales LA 70737

Mayor B J Francis

City of Donaldsonville

POBox 470

Donaldsonville LA 70346
Mayor John A Berthelot

City of Gonzales

120 S Irma Boulevard

Gonzales LA 70737

Sen Mike Branch 13th District

EBR & Livingston Parishes

204 N Range Avenue

Denham springs LA \ 70726

Sen Wilson Fields 15th District

EBR Pt Coupee & WBR Parishes

2036 Wooddale Blvd- suite E

Baton Rouge LA 70806

Rep Raymond A Jetson 61st District

EBR Parish

4551 Gus Young Avenue

Baton Rouge LA 70802

Rep Kip Holden 63rd District

EBR Parish

2013 Central Road

Baton Rouge LA 70807

Rep Donald Ray Kennard 65th Dist

EBR & Livingston Parishes

POBox 44273

Baton Rouge LA 70804

Rep Yvonne Dorsey 6?r.h District

E13R Parl.sh

1662 Thomas Delpit Drive

Baton Rouge LA 70802

Rep Charles McMains Jr 69th Dist

EBR & Livingston Parishes

2325 Weymouth Dr

Baton Rouge LA 70809

Councilwoman Roxson Welch

District 1 EBR Parish

POBox 1471

Baton Rouge LA 70821

Councilwoman Rosemary Garruto

District 3 EBR Parish

POBox 1471

Baton Rouge LA 70821

Mayor Wilson Longanecker Sr

Town of Sorrento

POBox 65

Sorrento LA 70778

- Sen John Michael Guidry 14th District

EBR Parish

POBox 387

B~ton Rouge LA 70821

Sen JayOardenne Jr 16th District

EBR Parish

POBox 2976

Baton Rouge LA 70821

Rep John D Travis 62nd District

EBR & Livingston Parishes

POBox 412

Jackson LA 70748

Rep Tony Perkins 64th District

EBR & Livingston Parishes

1110 Main Street suite E

Baker LA 70714

Rep Louis "Woody" Jenkins

66th District EBR Parish

914 N Foster Drive

Baton Rouge LA 70806

Rep William Daniel LV 68th District

EBR FarIsh

2133 SilversideSuite M

Baton Rouge LA 70808

Rep Carl N Crane 70th District

EBR Parish

836 Bancroft Way

Baton Rouge LA 70808-

Councilman Thomas Woods

District 2 EBR Parish

POBox 1471

Baton Rouge. LA 70821

Councilman Joseph Greco

District 4 EBR Parish

POBox 1471

Baton Rouge LA 70821
( ~ncilman Jesse Bilberry Jr

uLstrict 5 EBR Parish

POBox 1471

l-lton Rouge LA 70821

C-luncilman W T Winfield

I .strict 7 EBR Pari-sh

POBox 1471

~ton Rouge LA 70821

councilwoman Patty J Roubique

I .strict 9 EBR Parish

1 0 Box 1471

Baton Rouge LA 70821

councilman Mike Tassin

District 6 EBR Parish

POBox 1471

Baton Rouge LA 70821

councilman Dennis Edmon

District 8 EBR Parish

POBox 1471

Baton Rouge LA 70821

councilman Darrell Glasper

District 10 EBR Parish

POBox 1471

Baton Rouge LA 70821

councilwoman

~strict 11

: 0 Box 1471

bdton Rouge

Mary Frey Eaton

EBR Parish

LA 70821

councilman James T Benham

District 12 EBR Parish

POBox 1471

Baton Rouge LA 70821

. Jack Ensminger Env Affrs Coor

DPW-Environmental Division a.. 0 Box 1471

~ton Rouge LA 70821-1471

iyor Bobby Simpson

,-lty of Baker

POBox 707

-iker LA 70714

~p Robe:::-t Marionneaux 18th Dist::-ict.

oe.cvj lIe. Pt CGupaC!. & WBR Parishes--· .

POBox 577

Livonia LA 70755

Mr Warren Taylor District 1

-oerville Parish Police Jury

o Box 389.

Plaquemine LA 70765-03891

Mr Thomas Dominique District 3

~erville Parish Police Jury

o Box 389

rlaquemine LA 70765-03891

Mayor-President Tom Ed McHugh

Metro Council

P- 0 Box 1471

Baton Rouge LA 70821

Mayor John A Womack

city of Zachary

POBox 310

Zachary LA 70791-0310

Mr Raymond R Patin Parish Mgr

Ibe,oT.<l1.e Pa"?:"ish J:iolic8.. Jury ..

62340 Bayou ~acob Road

Plaquemine LA 70764

Mr Milton R Ourso District 2

Iberville Parish Police Jury

POBox 389

Plaquemine LA 70765-03891

Mr Leonard Jackson District 4

Ibervi~le Parish Police Jury

POBox 389

Plaquemine LA 70765-03891

r' Michael Zito

Iberville Parish

- 0 Box 389

laquemine LA

District 5

Police Jury

70765-03891

F 17

Mr Sal Butler District 6

Iberville Parish Police Jury

POBox 389

Plaquemine LA 70765-03891
Mr Howard Oubre

Iberville Parish

POBox 389

Plaquemine LA

Jr District 7

Police Jury

70765-03891

Mr Gene stevens

Iberville Parish

POBox 389

Plaquemine LA

Jr District 8

Police Jury

70765-03891

Mr Nicky Migliacio District 9

Iberville Parish Police Jury

POBox 389

Plaquemine LA 70765-03891

Mr Randy Sexton District 11

Iberville Parish Police Jury

POBox 389

Plaquemine LA 70765-03891

Mr Buddy Landaiche Jr District 13

Iberville Parish Police Jury

POBox 389

Plaquemine LA 70765-03891

Mayor Charles E Wright

village of Maringouin

POBox 10

Maringouin LA 70757

Mr Kenneth Ourso Jr District 10

Iberville Parish Police Jury

POBox 389

Plaquemine LA 70765-03891

Mr Aldrich Dupree District 12

Iberville Parish Police Jury

POBox 389

Plaquemine LA 70765-03891

Mayor Philip Sarullo

village of Grosse Tete

POBox 98

Grosse Tete LA 70740

Mayor Mark A Gulotta

City of Plaquemine

POBox 675

Plaquemine LA 70765

Mayor Andrew Major

village of Rosedale

POBox 167

Rosedale LA 70772

Mayor Maurice

Town of White

POBox 488

White Castle

Brown

Castle

LA 70788

P-.e~ B::au l~t:-te Clo Fontenot 71~:~ Di5t..ri~- Livingston Parish

Rep HenrY T,;r-k Po\'!~ll

'I.Yc.d ni !=tr::.::t~ :sivingsnJ'~ f'Qrisb.

POBox 1238

Livingston LA 70754

423 S Ninth st

Ponchatoula LA 70454

Mr Dewey Ratcliff Parish President

Livingston Parish Council

POBox 427

Livingston LA 70754

Councilman Bill Hawkins Jr

Livingston Parish Council Dist 2

POBox 427

Livingston LA 70754

Councilman Marshall Harris

Livingston Parish Council Dist 4

POBox 427

Livingston LA 70754

f 18

councilman Jimmy Zeigler

Livingston Parish Council Dist 1

POBox 427

Livingston LA 70754'

Councilman Sam Digirolamo

Livingston Parish Council District 3

POBox 427

Livingston LA 70754

Councilman Buddy Mincey

Livingston Parish Council District 5

POBox 427

Livingston LA 70754
( ~ncilman Dewey Harrell

Livingston Parish Council District 6

P- 0 Box 427

] .vingston LA 70754

( mncilman Randy Delatte

L~vingston Parish Council District 8

POBox 427

r-.vingston LA 70754

~yor Thomas A stewart ,. .llage of Albany

POBox 1000

~bany LA 70711

Councilman Wayne Carter

Livingston Parish Council District 7

POBox 427

Livingston LA 70754

Councilman Rollie Bigner

Livingston Parish Council Dist 9

POBox 427

Livingston LA 7Q754

Mr Grant Bankston

Acting Public Works Director

28235 Charlie Watts Road

Livingston LA 70754

Mayor James E

\-Lty of Denham

: O.Box 1629

Denham Springs

Delaune

springs

LA 70727-1629

Mayor Floyd Younger

Village of French Settlement

POBox 3

French Settlement la 70733

Mayor Gillis Windham

yjllage of Killian

o Box 546

•.illian LA 70462

iyor peggy C Savoy

Village of Port Vincent

.;L8235 LA HWY 16

~rt Vincent LA 70726

~tO~ ~ik~ G~;~~~r

_Dwn o[ t'ialke:c

POBox 217

-alker LA 70785

Mayor Dale Erdey

Town of Livingston

POBox 430

Livingston LA 70754

Mayor Charles E Martin

Town of springfield

POBox 352

Sprin9field LA 70462

Rep- Rebert C~rter 72~~ Di~t~iG~

Pt Coupee Pari:::~i~

POBox 27

Greensburg LA 70441

70760

KG Juliet Williams District 1

t Coupee Parish Police Jury

.I:' 0 Box 290

Xew Roads LA 70760

Mr John Grezaffi

Pt Coupee Parish

POBox 290

New Roads LA

District 2

Police Jury

70760

Mr Russell Young

-t Coupee Parish

o Box 290

New Roads LA

District 3

Police Jury

Mr Clement Guidroz Dist 4

Pointe coupee Parish Police

POBox 290

New Roads LA 70760

Jury

Mr Jimmy Bello Pres & Dist 5

~t Coupee Parish Police Jury

o Box 290

~.ew Roads LA 70760

f

Mrs Melanie L Bueche District 6

pt Coupee Parish police Jury

POBox 290

New Roads LA 70760

1 9
70760 70760

Mr Ronald Saizon

Pt Coupee Parish

POBox 290

New Roads LA

District 7

Police Jury

Mr Chris Battley

Pt Coupee Parish

POBox 290

New Roads LA

District 8

Police Jury

70760

Mr Mix F Vosburg

Pt Coupee Parish

POBox 290

New Roads LA

District 9

Police Jury

Mr Dudley Jarreau District 10

Pt Coupee Parish Police Jury

POBox 290

New Roaqs LA 70760

70760

Mr Joseph Bergeron Sr District 11

Pt Coupee Parish Police Jury

POBox 290

New Roads LA 70760

Mr Bertell Dixon

Pt Coupee Parish

POBox 290

New Roads LA

District 12

Police Jury

Mayor Charles Dardene

Village of Fordoche

POBox 10

Fordoche LA 70732

Mayor Eugene Serio

Village of Morganza

POBox 66 .

Morganza LA 70759

Mr Ted Denstel President

West Baton Rouge Parish Council

POBox 757

Port Allen, LA 70767

Mayor Warren C Po~rciau

Town of Livonia

POBox 307

Livonia LA 70755

Mayor Sylvester Muckelroy

City of New Roads

POBox 280

New Roads LA 70760

Councilman Riley Berthelot Jr

District 1 WBR Parish Council

POBox 757

Port Allen LA 70767

Mr F~ed McKenzie Councilman.

District 7. w~R Parish council,

POBox 757

Port Allen LA 70767

Mr Lawrence

District. :;

POBox 757

Port Allen

Bream.: .Tr Councilman

waR Parish Counc~l

LA 70767

Mr Dantin LeBlanc Councilman

District 4 WBR Parish council

POBox 757

Port Allen LA 70767

Councilman Huey Brown

WBR parish Council Dist 6

POBox 757

Port Allen LA 70767

Mr Larry Johnson Councilman

District 8 WBR Parish council

POBox 757

Port Allen LA 70767

f 20

Mr curtis Anderson Councilman

District 5 WBR Parish Council

POBox 757

Port Allen LA 70767'

Mr Harlan Cashiola Councilman

District 7 WBR Parish Council

POBox 757

Port Allen LA 70767

Ms Betty Nelson Councilwoman

District 9 WBR Parish Council

POBox 757

Port Allen LA 70767
70821

Chief of Planning

Planning Commission

,yor Carroll Bourgeois

'i'own of Addis

POBox 237

l-ldis LA 70710

rtyor Marilyn B Robertson

( .ty of Port Allen

POBox 468

~rt Allen LA 70767

!;!!' Huey Dugas

( lpital Region

1. 0 Box 3355

Baton Rouge LA

Mr Tom Diggs

S EPA Region VI

145 Ross Avenue suite 1200

udllas TX 75202

Mayor Lynn Pourciau

Town of Brusly

POBox 510

Brusly LA 70719

Mr Don W Neisler Exec Dir

Capital Region Planning commission

POBox 3355

Baton Rouge LA 70821

Ms Liz Santa Librarian

DEQ Office of Air Quality and

Radiation Protection

DEQ Headquarters 2nd Floor

Ms Jeanne McDaniel

U S EPA Region 6

1445 Ross Avenue 6PD-L

suite 1200

Dallas, TX 75202

70804-9245

= Coan Bueche Chief

LA DOTD Planning Division ~oo Jimmy Wedell st.

lton Rouge LA 70807

Mr Vincent Pizzolato

LA DOTD Environmental

POBox 94245

Raton Rouge LA

Chief

Division

t:" Kirt Clement

DOTD

5080 Florida Blvd

-aton Rouge LA 70806

oKs Cathy Bilello

Ow

POBox 150 Bldg 3502

~aquemine LA 70765

Mr Robert Kalish

DOW

POBox 150 Bldg 3502

Plaquemine LA 70765

Ms Karen Bye

Envircr~ental Complianc~ ~eporter

3154-B college Drive Suite 522

Baton Rouge LA 70808

Ms Karla Swacker

-FI

20 Third street

Baton Rouge LA

-- suite 101

70801

Mr W B Hinrichs

River Parish Disposal Inc

POBox 10482

New Orleans LA 7018~

Mr Derek Reese

~xxon Chemical Americas

o Box 241

uaton Rouge LA 70821

r J Mike DiGiglia

Lemle & Kelleher

-01 One American Place

aton Rouge LA 70825

Ms Sunny Brown

Lake Charle~ American Press

POBox 2893

Lake Charles LA 70601

Mr Torri Simoneaux CLA

2340 Godfrey Drive

Baton Rouge LA 70816

f 21
Ms Tracy Black

Natl Paints & Coatings Assn

1500 Rhode Island Ave NW

Washington DC 20005

Mr William DePriest

Sargent and Lundy

55 East Monroe

Chicago IL 60603

Ms Mindy Bourgeois

East Ascension Sportsman's League

37115 Easley Melancon Road

Prairieville LA 70769

Mr Dale McKinnon

Manufacturers of

1660 L Street NW

Washington DC

Emission Control Assr

-suite 1100

20036

Mrs Pam Kaster

CFACE

12322 N Lakeview Drive

Baton Rouge LA 70810

Ms_Emily stitch

LA Assn of Business & Industry

3113 Valley Creek Drive

Baton Rouge, LA 70808

Mr Henry Graham

LA Chemical Association

One American Place Suite 2040

Baton Rouge LA 70825

Ms Mary Lee Orr Exec Dir

LEAN

POBox 66323

Baton Rouge LA 70896

Mr Richard Metcalf

LA Mid-Continent Oil and Gas

801 North Blvd suite 201

Baton Rouge LA 70802-5727

f 22
State of Louisiana

Department of Environmental Quality

M.J. "I\IIKE" FOSTER, JR.

GOVERNOR

January 6, 1997

Ms. Priscilla A. Whitehead

Swidler & Berlin Chartered

3000 K street suite 300

Washington, DC 20007-5116

Dear Ms. Whitehead:

Enclosed are:

J. DALE GIYE:\S

SECRETARY

(1) The two (2) diskettes you sent me to copy our SIPMAP onto

for you.

As noted in our phone conversation, one diskette contains

a copy of our Air Quality Regulatory Tracking System

which has information from July, 1994, to present on

"all" rules promulgated (not just those in a SIP). The

other diskette contains a "zipped" copy of our SIPMAP. .

(2) An Instruction Manual.

It explains not only how to install this information onto

your computer but also what is included in each system.

(3) The list of rules proposed for submittal to EPA for

inclusion in the SIP and the notice published in the

Louisiana Register.

If you have any questions, please call me at (504) 765-0916.

/cjr

Enclosures (5)

AN EOUAL OPPORTUNITY EMPLOYER

E23

o OFFICE OF AIR QUALITY PO. BOX 82135 BATON ROUGE. LOUISIANA 70884-2135
Depar[IIlent of Environmental Quality-

....

Air Quality Division Transmittal Sh~t

DATE:· [- -T-Cfrr

TO: d 4. S&_-r_O_~ __~I:J _

=r:- \~ r:: h.;\> d~ u....-

PHONE: Cs:o \{-) g -'i31~e-....:.\ _ .

FROM:

PHONE:

C AaI.A .J BE rERBeRT

765-0S16 (504) 765-0921 (FAX)

NUM:BER OF PAGE.S TO FOLLOW:_~~ _

(NOT INCLUDING THIS SHEET)

Priority __A.SAP __I1Y1PORTANT __RUSH

COiY1l'i!ENTS:

14 b~ oZt..u St fJ r=:- '1 y' ls~ -tF. ?4
DEPARTMENT OF ENVIRONMENTAL QUALITY 

ATTENDANT SIGN-IN SHEET 

January 24, 1997 

WP022' Adoption by Rcfcrcncc 

SIP - Gcncnl Reviaionr 

NAME PHONE NUMBER COMMENT (YINl.... ......... . . .. .... ...... .. . . . . .. .. . . . . . . . . . . . . . . . . . , .. . . . . . . . . . . . . .. . . . . .. .. .. .. .. .. .. ..EF!L!.*x"!! ....... . . . . . . . . .. . . . . .. .. .. .. .. . . ..*.. .. .. .. .. .. . . . . . . . . . . .. ..*L?!?!!E ..... .. .. . . . . .. .. .. . . .. . . . . . . .. .. .* .. . . .. .. .. . .. . .. .. ** .. .. . .... . .. .. .. . . .. . . . . .. . . . . . . . . . . .. .. ... . . . .... .. .. .. ...... .. . ... 
2

3

4

5

6 MS. DEAVILLE:

DEPARTMENT OF ENVIRONMENTAL QUALITY

AIR QUALITY REGULATIONS - SIP

PUBLIC HEARING

JANUARY 24, 1997

9

7

8

Good afternoon. My name is Patsy Deaville. I'm

employed with the Louisiana Department of Environmental

Quality". I'll be serving as Hearing Officer this

10 afternoon to receive comments regarding proposed

11 amendments to the Water Quality Division Regulations and

12 the Air Quality State Implementation Plan.

13 The comment period for these amendments began on

14 December 20, 1996, when the notice of intent was

15 published in the Louisiana Register. The comment period

16 will close at 4:30 p.m. today, January 24, 1997 for the

17 Water Quality amendments. The comment period for the

18 State Implementation Plan revision has been extended

19 from January 31, 1997 to 4:30 p.m. on February 28, 1997.

20 Please make a note of that because the original notice

21 of intent had next Friday, I guess the 31st of January.

22 This public hearing provides a forum for all

23 interested parties to present comments on the proposed

24 changes. It would be helpful to us if all oral comments

25 received today were followed up in writing. I'll ask

26 that each commentor begin by stating their name and

27 affiliation for the record.

28 The next amendment gives notice that general

29 revisions will be made to the State Implementation Plan

30 (SIP) .

1

f ?7

ACADIANA REPORTING SERVICE 9496 HOOPER ROAD

BATON ROUGE. LOUISIANA 70616

0;041261 ·9356
I

i

;

I

i 1

12

I

3

4

5

6

7

8

9

The Air Quality Division will receive comments

regarding revisions to the State Implementation Plan

(SIP). The revisions include amendments to variou~

rules in LAC 33:III.Chapters 1, 2 (previously 65), 5, 7,

9, 11, 13, 21, 23 and 25.

Does anyone care to comment on this revision?

(No response.)

If not, the hearing on the SIP is closed. I'd like

to than~ you all for your attention and participation.

10 This hearing is closed.

11 CERTIFICATE

12 I, MARGARET MORVANT, Certified Court Reporter, do

13 hereby certify that the foregoing testimony was heard

14 before the Honorable Patsy Deaville, Hearing Offic~r, on

15 January 24, 1997, in Room 326, Maynard Ketcham Building,

16 Baton Rouge, Louisiana; that I did report the

17 proceedings thereof; that the foregoing pages, numbered

18 1 through 2, inclusive, constitute a true and correct

19 transcript of the proceedings thereof.

20

*

MARGARET MORVANT

Certified Court Reporter

23

24

25

26

27

*The Court Reporter passed away before she could

transcribe and sign this document.

ACADIANA REPORTING SERVICE 9498 HOOPER ROAD

BATON ROUGE. LOUISIANA 70818

!';04/261 ·9356

2
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 6

1445 ROSS AVENUE. SUITE 1200

DALLAS, TX 75202-2733

FEB 28 1997

Mr. Robert Hannah

Administrator

Air Quality Division

Louisiana Department of

Environmental Quality

P.O. Box 82135

Baton Rouge, LA 70884-2135

Dear Mr. Hannah:

Thank you for the opportunity to provide comments on the proposed revision to the

Louisiana State Implementation Plan (SIP) to include amendments to various rules in LAC

33:TIr.Chapters 1, 2, 5, 7, 9, 11, 13,21,23 and 25. We have reviewed the proposed submittal

and have the following comments.

Chapter 2

With regards to AQ 76 (Fee System), the Region has some questions as to whether the

Title V fee delineated in section 223 (Fee Schedule Listing, Fee Number 2300) should be

incorporated into the SIP. (The Region is conferring with Headquarters and the Office ofGeneral

Counsel on this matter.) We will be providing the State with written feedback on whether

incorporating the rule into the SIP is recommended shortly.

In addition, the Fee Schedule Listing in AQ 101 is confusing. The proposal appears to

add/revise lead fees (numbers 2041,2051,2061, 2062, and 2071), but the final rule does not

include these additions/revisions. (The preamble language in the final rule indicates that the lead

abatement program is required, but the lead provisions do not appear in the rule.)

Also, it appears that a number ofrevisions to the Fee Schedule Listing have not been

submitted to EPA and are not in the proposal (namely, revisions to section 223 dated ~eptember

1989, December 1991, January 1992, December 1993, April 1994, August 1995, October 1995,

and November 1995). These revisions should also be submitted to EPA for incorporation into the

SIP. It would be helpful ifthe State could provide a chronological "crosswalk" ofthe changes

that have been made to the Fee Schedule Listing over time and provide the rationale for the

changes (additions, deletions, and revisions) that were made ifit is not clearly stated in the

rulemakingpreamble. RECEIVED

MAR 111997

f I)9 LA. DEPARTMENT OF

ENVIRONMENTAL QlJ.WTY

AecycledIRecyclable • Printed with Vegetable 011 Based Inks on 100 • Recycled PMf{ W.P~"'~~
2

Chapter 5

The State included OS 14 in the proposed submittal. This rule moves confidentiality

provisions formerly found in LAC 33:ill.l07 and 33:111.517 to LAC 33:I.Chapter 5. In the

submittal, the State struck through the LAC 33:I.Chapter 5 language. The Region needs to

approve this language into the SIP (in order that revising LAC 33:ill.l07 and 33:ill.517 does not

constitute a relaxation ofthe SIP). The Region requests that the State submit a clean photocopy

ofas 14 as part ofthe official submittal and modify the summary chart to include LAC

33:I.Chapter 5.

Chapter 9

In approving the Emissions Statement Program, the Region approved Louisiana

regulations AQ 60 and AQ 94 into the SIP. AQ 60 was the original (underlying) rule, and AQ 94

was a technical correction thereto. AQ 74, which appears in the proposed submittal, was not

included as part ofthe Emissions Statement submittal. We have some concerns regarding the

approvability of AQ 74 since the rule changes the method for calculating the "peak season daily

average" emissions. The rule directs facilities to calculate a daily average for a month during the

peak season. According to the rule, the State would then tell the facilities which month to

actually report. In theory, the State could "select" a daily average for a month which may not be

the same as the daily average for the peak season. This approach could significantly affect the

emissions inventory ultimately reported for the various nonattainment areas. AQ 136, which is

also included in the proposed submittal, was not part ofthe' Emissions Statement submittal. The

changes in AQ 136 are minor wording clarifications, which are approvable.

Chapter 21

The State included AQ 61 (published November 20, 1992 and republished on January 20,

1993) in the proposed submittal. These regulations have already been SIP-approved as part ofthe

Stage II Vapor Recovery final action and should not be included in the official submittal.

Also, the Region appreciates the State providing copies of AQ 103 (Incidental Volatile

Organic Compound Reductions to Demonstration Reasonble Further Progress) and AQ 109

(Repeal of AQ 103) for informational purposes only. To streamline the final submittal, the

Region recommends not submitting these rules as part ofthe official plan.

Chapter 25

The State included in its proposal revisions to sections 2501, 2511, 2521, and 2531 that

pertain to biomedical waste and refuse incinerators and crematories. We have no comments to

provide on AQ 142 (crematories) at this time except that the underlying regulation, promulgated

f 30
3

in October 1994, has not previously been submitted for Federal approval and would also need to

be included in the official submittal and the summary chart.

With regards to AQ 83 (biomedical waste and refuse incinerators), the Region has

compared the emission limits established in the State rules to EPA's proposed Medical Waste

Incinerator New Source Performance Standards (NSPS). In general, our review indicates that the

proposed Federal emission limits are more stringent than those contained in sections 2511 and

2521. We are, therefore, hesitant to act upon the State's biomedical waste and refuse incinerators

rules at this time for the following reason. We recommend that the State await submittal ofthis

rule until after consideration ofthe future NSPS.

,

EPA is developing the medical waste" incineration rules under the authority ofboth

sections 111 and 129 ofthe Clean Air Act. Section 129 ofthe Act requires State emission limits

to be at least as stringent as the Federal requirements. The EPA is under Court Order to

promulgate NSPS and Emission Guidelines (EG) for medical waste incinerators by July 25, 1997.

We are fairly confident that the final emission limits established in the NSPS and EGwill be at

least as stringent as those proposed. Ifwe approved Louisiana's regulations as they currently

stand, the State would most likely have to submit a subsequent SIP revision within the year to

withdraw and/or revise these regulations and incorporate the more stringent Federal NSPSIEG

requirements into the State administrative code.

Miscellaneous Changes

The State submitted AQ 125 as part ofthe proposed plan revision. AQ 125 makes

changes to Chapters 1, 7, 11, 13, and 25 to remove the phrase "undesirable levels" from certain

sections within these chapters. The changes are necessary because of a cour:t ruling that the

phrase is unenforceable. As the Region mentioned in its comments on AQ I2'5'When the rule was

originally proposed in June 1995, the State should include in the official submittal (Response to ,

Comments), a brief discussion on the background ofthe court's ruling and an explanation ofhow

the State's existing regulations (sulfur dioxide, smoke, outdoor burning, particulate matter,

incineration, etc.) are as protective as the former regulations. In the discussion, the State should

identify the source for the standards in the existing regulations (i.e., national standards, "safe

limit" values, etc.). By providing this background/explanation, the State will have demonstrated

that revising the regulations does not constitute a relaxation ofthe SIP.

Lastly, my staffhave discussed with your staff "bundling" the Revised Louisiana Statutes

SIP submittal with this submittal in a single rulemaking action. (The Statutes SIP was submitted

to the Region in December 1993.) The Region has requested that the State submit a revision to

the Statutes SIP submittal in the near future in order that the most up-to-date version ofthe

Louisiana statutes available can be incorporated into the SIP. This submittal would supersede the

previous submission. My staff are committed to working closely with the State in the

development ofthis submittal and will be providing more specific guidance to the State in a

follow-up letter on that subject.

F 31
4

Again, thank you for the opportunity to provide comments. Ifyou have any questions,

please contact me at (214) 665-7214, or Jeanne McDaniels ofmy staff at (214) 665-7254.

c::;::: JOJ1o

Thomas H. Diggs

Chief

Air Planning Section (6PD-L)

cc: Ms. Carla Reiprecht

Louisiana Department of

Environmental Quality

f 32
CHAPTER 2

COMMENT 1:

RESPONSE 1:

COMMENT 2:

RESPONSE 2:

LA DEPT OF ENVIRONMENTAL QUALITY

1996 GENERAL SIP REVISION

RESPONSE TO COMMENTS

AQ 76 - - EPA Region 6 has some questions as to

whether the Title V fee delineated in §223. Fee

Schedule Listing, Fee Number 2300, should be

incorporated into the SIP. They are conferring

with Headquarters and the Office of General

Counsel. They will be providing the State with

written feedback on whether incorporating the rule

into the SIP is recommended.

AQ 76 had two separate actions involved:

1) Changes made to §211.Methodology included an

explanatory note with regard to LAC33:III.507.

Part 70 Operating Permits Program (Title V

enforceable only) .

2) Change made to §223.Fee Schedule Listing, Fee

Number 2300, applies to all permits.

AQ101 -- EPA noted that the Fee Schedule Listing

is confusing. The proposal appears to revise lead

fees (numbers 2041, 2051, 2061, 2062, and 2'071),

but the final rule does not include ~hese

additions/revisions. (The preamble language in the

final rule indicates that the lead abatement

program is required, but the lead provisions do not

appear in the rule.)

Originally, the Notice of Intent did include

revisions for lead fees. However, on 11/9/94 a

list of Technical Amendments was sent to our Legal

Division deleting the lead fees from this revisio~

and including them in AQ100. The Preamble languas~

should have been deleted regarding the Lead

Abatement Program or noted it would be addressed in

AQ100. The letter and attachments sent to Legal is

included in the Supplement to AQ 101 in Appendix B

of this final official proposal.

,.
COMMENT 3:

RESPONSE 3:

LA DEPT OF ENVIRONMENTAL QUALITY

1996 GENERAL SIP REVISION

RESPONSE TO COMMENTS

EPA noted that a number of revisions to the Fee

Schedule Listing have not been submitted to them

and are not in the proposal (namely, revisions to

§223 dated September 1989, December 1991, January

1992, December 1993, April 1994, August 1995,

October 1995, and November 1995). EPA noted these

revisions should also be submitted to them for

incorporation into the SIP. They noted it would be

helpful if the State could provide a chronological

"crosswalk" of the changes that have been made to

the Fee Schedule Listing over time and provide the

rationale for the changes (additions, deletions,

and revisions) that were made if it is not clearly

stated in the rulemaking preamble.

The following explanation is given for each

revision noted above:

1) september 1989 -- Asbestos Fees Asbestos

Program is "NOT" in the SIP.

2) December 1991 -- Air Toxics Annual Emission

Fees - - Air Toxics Program is "NOT" in the

SIP.

3) January 1992 -- Air Toxics Emission Fees -- Air Toxics Program is "NOT" in the SIP.

4) December 1993 - - Asbestos Fees Asbestos

Program is "NOT" in the SIP.

5) April 1994 Chemical Accident Prevention

Fees -- Program is "NOT" in the SIP.

6) August 1995 (AQ 98) -- Was submitted in the

proposal for incorporation into the SIP.

7) October 1995 (AQ 98) -- Republished a portion

of the Air Quality Fee Schedule which appeared

on pages 781-791 of the 8/20/95 Louisiana

Register. This was left out in error and is

included in Appendix B of this final official

submittal.

8) November 1995 (AQl16) -- Was included in the

Low Enhanced Inspection Maintenance SIP that

was submitted to EPA, Region 6, on December

27, 1995.

A chronological "crosswalk" of the changes

that have been made to the Fee Schedule

Listing over time and the rationale for the

changes (additions, deletions, and revisions) , is included in the SIPMAP. A copy of the

summary of the SIPMAP for Chapters 2 and 65 is

included in Appendix B of this final official

submittal.
CHAPTER 5

COMMENT 4:

RESPONSE 4:

CHAPTER 9

COMMENT 5:

LA DEPT OF ENVIRONMENTAL QUALITY

1996 GENERAL SIP REVISION

RESPONSE TO COMMENTS

EPA noted that the State included OS 14 in the

proposed submittal. This rule moves

confidentiality provisions formerly found in

LAC33:III.107 and 33:111.517 to LAC 33:I.Chapter 5.

In the submittal, the State struck through the

LAC33 : I . Chapter 5 language. The Region needs to

approve this language into the SIP (in order that

revising LAC 33: III .107 and 33: 111.517 does not

consitutute a relaxation of the SIP). The Region

requests that the State submit a clean photocopy of

OS14 as part of the official submittal and modify

the summary chart to include LAC33:I.Chapter 5.

All supporting documentation of OS 14 is included

in Appendix C of this final official submittal as

requested.

In approving the Emissions Statement Program, the

Region approved Louisiana regulations AQ 60 and AQ

94 into the SIP. AQ 60 was the original

(underlying) rule, and AQ 94 was a technical

correction thereto. AQ 74, which appears in the

proposed submittal, was not included as part of the

Emissions Statement submittal. We have some

concerns regarding the approvability of AQ 74 since

the rule changes the method for calculating the

l1peak season daily average l1 emissions. The rule

directs facilities to calculate a daily average for

a month during the peak season. According to the

rule, the State would then tell the facilities

which month to actually report. In theory, the

State could l1selectl1 a daily average for a month

which may not be the same as the daily average for

the peak season. This approach could significantly

affect the emissions inventory ultimately reported

for the various nonattainment areas. AQ 136, which

is also included in the proposed submittal, was not

part of the Emissions Statement submittal. The

changes in AQ 136 are minor wording clarifications,

which are approvable.

E 85
LA DEPT OF ENVIRONMENTAL QUALITY

1996 GENERAL SIP REVISION

RESPONSE TO COMMENTS

RESPONSE 5: In the current instructions for completing and

\ submitting emissions inventorYt facilities are

directed to report the daily average for the entire

three month peak season t not just one month.

LAC 33.III.919.B.3 will be updated to be consistent

wi th this procedure. A copy of the suggested

changes is included in the Supplement to AQ 74 in

Appendix D of this final official submittal.

Chapter 21

COMMENT 6:

RESPONSE 6:

COMMENT 7:

RESPONSE 7:

The State included AQ 61 (published 11/20/92 and

republished 1/20/93) in the proposed submittal.

These regulations have already been SIP-approved as

a part of the Stage II Vapor Recovery final action

and should not be included in the official

submittal.

The Stage II Vapor Recovery SIP final action did

include the 11/20/92 rule and was submitted in the

proposal only for informational purposes and should

be removed from the final package. Butt the Stage

II Vapor Recovery SIP final action did not include

the 1/20/93 correction. SOt it is being included

in this final submittal and should be noted as a

revision to the Stage II Vapor Recovery SIP. See

Chapter Summary (Supplement to AQ 61 t Appendix E) .

The Region noted they appreciated the State

providing copies of AQ 103 (Incidental Volatile

Organic Compound Reductions to Demonstration

Reasonable Further Progress) and AQ 109 (Repeal of

AQ 103) for infomational purposes only. To

streamline the final submital t they recommended not

submitting these rules as part of the official

plan.

The State is not resubmitting a copy of each

individual rule in the final official submittal.

We will be noting this has been previously

submitted under separate cover per verbal

recommendations of the Region. The Region should t

therefore t remove AQ 103 & 109 from the submittal

when they issue approval of this SIP revision.

f 36
Chapter 25

COMMENT 8:

RESPONSE 8:

COMMENT 9:

LA DEPT OF ENVIRONMENTAL QUALITY

1996 GENERAL SIP REVISION

RESPONSE TO COMMENTS

EPA noted that the State included in its proposal

revisions to §§2501, 2511, 2521, and 2531 that

pertain to biomedical waste and refuse incinerators

and crematories. EPA had no comments to provide on

AQ 142 (crematories) except that the underlying

regulation, promulgated in 10/94, had not

previously been submitted for Federal appoval and

would also need to be included in the official

submittal and tpe summary chart.

The State only included revisions to §§2501, 2511,

and 2521--not §2531. We do not want to include it

in the SIP.

With regards to AQ 83 (biomedical waste and refuse

incinerators), the Region compared the emission

limits established in the State rules to EPA's

proposed Medical Waste Incinerator New Source

Performance Standards (NSPS). In general, their

review indicated that the proposed Federal emission

limits were more stringent than those contained in

§§2511 and 2521. EPA was, therefore, hesitant to

act upon the State's biomedical waste and refuse

incinerators rules at this time and recommended

that the State await submittal of this rule until

after consideration of the future NSPS.

EPA noted they are developing the medical waste

incineration rules under the authority of both

§§111 and 129 of the Clean Air Act. Section 129 of

the Act requires State emission limits to be at

least as stringent as the Federal requirements.

The EPA is under Court Order to promulgate NSPS and

Emission Guidelines (EG) for medical waste

incinerators by 7/25/97. EPA was fairly confident

that the final emission limits established in the

NSPS and EG will be at least as stringent as those

proposed. They stated that if they approved

Louisiana's regulations as they currently stand,

the State would most likely have to submit a

subsequent SIP revision within the year to withdraw

and/or revise these regulations and incorporate the

more stringent Federal NSPS/EG requirements into

the State administrative code.
RESPONSE 9:

LA DEPT OF ENVIRONMENTAL QUALITY

1996 GENERAL SIP REVISION

RESPONSE TO COMMENTS

The State will incorporate, by reference, the

entire Federal rule as promulgated. Accordingly,

we are officially submitting as is at the present

time.

Miscellaneous Changes

COMMENT 10:

RESPONSE 10:

The Region reiterated previous comments made during

the comment period regarding changes made in AQ 125

to Chapters 1, 7, 11, 13, and 25 to remove the

phrase "undesirable levels" from certain sections

because of a court ruling that the phrase is

unenforceable. The Region stated that the State

should include in the official submittal (response

to comments), a brief discussion on the background

of the court's ruling and an explanation of how the

State's existing regulations (sulfur dioxide,

smoke, outdoor burning, particulate matter,

incineration, etc.) are as protective as the former

regulations. In the discussion, the State should

identify the source for the standards in the

existing regulations (i.e., national standards,

"safe limit" values, etc). By providing this

background/explanation, the State will have

demonstrated that revising the regulations does not

constitute a relaxation of the SIP.

A copy of the court ruling is included in AQ125's

Supplement in Appendix A of this final official

submittal.

The phrase "undesirable levels" was removed from

Chapter 7 relative to sulfur dioxide, from Chapter

11 relative to smoke and outdoor burning, from

Chapter 13 relative to toxic particulate matter,

and from Chapter 25 relative to biomedical waste

incinerators. Only the definition of "undesirable

levels" was removed from Chapter 1.

The primary and secondary ambient air quality

standards in Chapter 7 are based on the national

primary and secondary ambient air quality

standards. The standards for sulfur dioxide in

Chapter 7 remain the same as they were before

AQ125.

Specific opacity limits are specified for smoke in

Chapter 11. The opacity requirements remain the

same as they were before AQ125.

- ~. ,

%!-- ". " E 38 )

~"

I ~/.. "
LA DEPT OF ENVIRONMENTAL QUALITY

1996 GENERAL SIP REVISION

RESPONSE TO COMMENTS

Outdoor burning is prohibited in Chapter 11 except

for the exceptions listed in LAC 33:III.II09.C. No

exceptions to outdoor burning have been added as a

result of AQ125.

LAC 33:111.1303 allows for stricter control of

toxic particulate matter than particulate matter in

general. The nature and intent of this section has

not changed as a result of AQ125. In addition,

specific requirements for toxic air pollutants are

given in LAC 33:III.Chapter 51.

Chapter 25 gives emission standards for PM10 , HCI,

S02' CO, NOx' hydrocarbons, heavy metals, and

opacity from biomedical waste incinerators. The

standards remain the same as they were before

AQ125.

In each case above, the

promulgation of AQ125 are

former regulations.

regulations after

as protective as

the

the

COMMENT 11:

RESPONSE 11:

Lastly, the Region noted a discussion with State

staff regarding "bundling" the Revised Louisiana

Statutes SIP submittal with this submittal in a

single rulemaking action. (The Statutes SIP was

submitted to the Region in December 1993.) The

Region requested that the State submit a revision

to the Statutes SIP submittal in the near future in

order that the most up-to-date version of the

Louisiana Statutes available can be incoporated

into the SIP. This submittal would supersede the

previous submission. It was noted that EPA's staff

are committed to working closely with the State in

the development of this submittal and will be

providing more specific guidance to the State in a

followup letter on that subject.

The State submitted the Louisiana Revised Statutes

through the 1996 Legislative changes by Federal

Express on June 6, 1997.

f.a~f"