Technical Support Document for AQ 305, adopted January 20, 2010 

The following review involves revisions to the State of Louisiana’s NOX control rule (LAC 

33:III.2201) that was originally approved at 67 FR 60877, September 27, 2002, titled “Approval 

and Promulgation of Implementation Plans; Louisiana; Control of Emissions of Nitrogen Oxides 

in the Baton Rouge Ozone Nonattainment Area. This review also evaluates a new Section (LAC 

33:III.2202) titled “Contingency Plan,” that would serve to extend Ch 2201’s applicability by 

extending the definition of “ozone season” in Ch 2201 to include the months of April and 

October, if EPA makes a determination that that the Baton Rouge area has violated the 8-hour 

ozone National Ambient Air Quality Standard (NAAQS), and that the department must put a 

contingency plan into effect, as part of the state’s CAA Section 175A maintenance plan. 

Currently, LAC 33:III.2201 applies during the ozone season from May 1 to September 30 of 

each year. The nonattainment area includes the parishes of Ascension, East Baton Rouge, 

Iberville, Livingston, and West Baton Rouge. The four attainment parishes in the region of 

influence include East Feliciana, Pointe Coupee, St. Helena, and West Feliciana 

Chapter 22. Control of Emissions of Nitrogen Oxides (NOx) 

The regulatory text that is being revised is offset in 10 point font. Additions are in red, and 

deletions appear as strikeouts. Our analysis appears in 12 point font. 

2201. Affected Facilities in the Baton Rouge Nonattainment Area and the Region of 

Influence 

A.2. The provisions of this Chapter shall apply during the ozone season, as defined in Subsection B of this 

Section, (May 1 to September 30) of each year. 

The clarification to the referenced subsection above is editorial/ ministerial in nature. This 

subsection should be approved. The Region of Influence constitutes the 4 ozone attainment 

parishes of East Feliciana, Pointe Coupee, St. Helena, and West Feliciana. 

2201.B. Definitions. 

Affected Facility --- any facility within the Baton Rouge Nonattainment Area with one or more point 

sources that collectively emit or have the potential to emit 25 tons or more per year of NOx, unless 

exempted in Subsection C of this Section, or any facility within the Region of Influence with one or more 

affected point sources that collectively emit or have the potential to emit 50 tons or more per year of NOx, 

unless exempted in Subsection C of this Section. Exempt sources in a facility shall not be included the 

determination of whether it is an affected facility. 

The changes to the definition of the affected facility clarifies that Chapter 22 applies when the 

potential to emit is equal to or greater than 25 ton per year. This threshold limit is consistent with 

the major stationary source definition in section 182(d) of the Act for severe 1-hour areas. 
Furthermore, addition of the term “collectively” serves as a gatekeeper/deterrent to avoid rule 

applicability by dividing the overall emissions among different units. This subsection should be 

approved. 

Low Ozone Season Capacity Factor Boiler or Process Heater/Furnace --- a boiler or process 

heater/furnace in the Baton Rouge Nonattainment Area with maximum rated capacity greater than or equal 

to 40 MMBtu/hour and an ozone season average heat input less than or equal to 12.5 MMBtu/hour, using a 

30-day rolling average; or in the Region of Influence with a maximum rated capacity greater than or equal 

to 80 MMBtu/hour and ozone season average heat input less than or equal to 25 MMBtu/hour, using a 30-

day rolling average. 

Use of a 30-day rolling average is an EPA accepted averaging method for NOx rules in order to 

produce a more replicable emission standard for comparison/compliance determination purposes. 

Lowering of the heat input limit for boiler or process heater from 80 to 40 MMBtu/hour, and 

from 40 to 12.5 MMBtu/Hr in the Baton Rouge Nonattainment Area should strengthen the SIP. 

Lowering the heat input means more sources become subject to NOx controls. As more sources 

become subject to NOx controls, more reductions are to be expected. This subsection should be 

approved. 

Ozone Season --- except as provided in LAC 33:III.2202, the period May 1 to September 30, inclusively

inclusive, of each year. 

The change in this subsection is editorial in nature and should be approved. It is also approvable 

because it extends the duration of its ozone season from the existing May 1 to September 30 of 

each calendar year to April 1st to October 31 under 2202 Contingency Plan. See that section 

below for more details. 

Thirty-Day (30-Day) Rolling Average --- an average, calculated for each day that fuel is combusted, of 

hourly emissions data for the preceding 30 days that fuel is combusted in an affected point source. daily, or 

all hourly data for the last 30 days for an affected point source. At the beginning of each ozone season, use 

one of the following methods to calculate the initial 30-day averages: 

a. Calculate and record the average of all hourly readings taken during the first day of the ozone 

season for day one, then the average of all hourly readings taken during the first and second 

days for day two and so on until the first full 30-day average falling entirely within the ozone 

season is reached; 

b. Calculate and record a 30-day rolling average for day one of the ozone season using the 

hourly readings from that day and the previous 29 calendar days, for the second day of the 

ozone season using the readings from the first two ozone season days and the preceding 29 

calendar days, and so on until the first full 30-day average falling entirely within the current 

ozone season is reached; or 

c. Calculate the record a 30-day rolling average for day one of the ozone season using the hourly 

readings from that day and the last 29 days of the previous ozone season, for the second day 

of the ozone season using the readings from the first two current ozone season days and the 

last 28 days of the previous ozone season, and so on until the first full 30-day average falling 

entirely within the current ozone season is reached. 
The change explains in detail how to calculate the 30-day rolling average. Including this level of 

detail should minimize or eliminate potential confusion, and will facilitate compliance 

determination. This subsection should be approved. 

2201.C. Exemptions. 

C. Exemptions. The following categories of equipment or processes located at an affected facility within 

the Baton Rouge Nonattainment Area or the Region of Influence are exempted from the provisions of this 

Chapter: 

4. low ozone season capacity factor boilers and process heater/furnaces, as defined in Subsection 

B of this Section, in accordance with Paragraph H.11 of this Section; 

The clarification to the referenced section above is editorial/ ministerial in nature. This 

subsection should be approved. 

6. any point source, in accordance with Paragraph H.12 of this Section, that operates less than 400 hours 3 

hours per day, using a 30-day rolling average, during the ozone season; 

Use of a smaller number of hours (3) instead of an overall total (400), combined with the rolling 

average criteria explained in detail in a subsection earlier promotes consistency amongst level (3 

hours) and type (30-day rolling) of average utilized in the rule. This subsection should be 

approved. 

15. any affected point source that is required to meet a more stringent state or federal NOx emission 

limitation, whether by regulation or permit. (In this case, the monitoring, reporting, and recordkeeping 

requirements shall be in accordance with the more stringent regulation or permit and not this Chapter. If 

the applicable regulation or permit does not specify monitoring, reporting, and recordkeeping requirements, 

the provisions of this Chapter shall apply.); 

The change is merely a change in punctuation at the end of the paragraph to allow for the 

addition of other paragraphs. 

18. any affected point source firing Number 6 Fuel Oil fuel oil during a period of emergency and approved 

by the administrative authority; 

Previously the state allowed burning of #6 fuel oil by written approval only. Now burning of any 

type of fuel oil would require written approval. This allows LDEQ to know more about what 

sources plan to do in advance, thus plan appropriately.  The change in this subsection is 

approveable. 

 
2201.D. Emission Factors 

 1. The following table lists NOx emission factors that shall apply to affected point sources located at 

affected facilities in the Baton Rouge Nonattainment Area or the Region of Influence. 

Table D-1A 

NOx Emission Factors for Sources in the 

Baton Rouge Nonattainment Area

Category Maximum Rated 

Capacity 

NOx Emission Factor a

Electric Power Generating System Boilers: 

 Coal-fired >/= 40 to 

<80MMBtu/Hour 

>/= 80 

MMBtu/Hour 

0.50 pound/MMBtu 

0.21 pound/MMBtu 

 Number 6 Fuel Oil-fired >/= 40 to 

<80MMBtu/Hour 

>/= 80 

MMBtu/Hour 

0.30 pound/MMBtu 

0.18 pound/MMBtu 

 All Others (gaseous or liquid) >/= 40 to 

<80MMBtu/Hour 

>/= 80 

MMBtu/Hour 

0.20 pound/MMBtu 

0.10 pound/MMBtu 

 Industrial Boilers: 

 All Fuels

>/= 40 to 

<80MMBtu/Hour 

>/= 80 

MMBtu/Hour 

0.20 pound/MMBtu 

0.10 pound/MMBtu 

Process Heater/Furnaces: 

 Ammonia Reformers >/= 40 to 

<80MMBtu/Hour 

>/= 80 

MMBtu/Hour 

0.30 pound/MMBtu 

0.23 pound/MMBtu 

 

 All Others 

>/= 40 to 

<80MMBtu/Hour 

>/= 80 

MMBtu/Hour 

0.18 pound/MMBtu 

0.08 pound/MMBtu 

Stationary Gas Turbines: 

 Peaking Service, Fuel Oil-fired >/= 5 to <10 MW 

>/= 10 MW 

0.37 pound/MMBtu 

0.30 pound/MMBtu 

 Peaking Service, Gas-fired >/= 5 to <10 MW 

>/= 10 MW 

0.27 pound/MMBtu 

0.20 pound/MMBtu 

 All Others >/= 5 to <10 MW 

>/= 10 MW 

0.24 pound/MMBtub

0.16 pound/MMBtuc

Stationary Internal Combustion Engines: 

 Lean-burn (Region of Influence) >/= 150 to <320 Hp 410g/Hp-hour 

 Lean-burn (Baton Rouge >/= 320 Hp 4g/Hp-hour 
Nonattainment Area)

 Rich-burn >/= 150 to <300 Hp

>/= 300 Hp 

2g/Hp-hour 

2g/Hp-hour 

Including a lowered maximum rated capacity for the source categories above should make the 

universe of units subject to these NOx emission factors larger. As more units become subject to 

these factors we anticipate emissions to be lowered. Lowering the heat input means more sources 

become subject to NOx controls. As more sources become subject to NOx controls, more 

reductions is to be expected. This subsection should be approved. 

 a all factors are based on the higher heating value of the fuel. 

 

 b

 equivalent to 4265 ppmv (15 percent O2, dry basis) with an F factor of 8710 dscf/MMBtu. 

 c

 equivalent to 4243 ppmv (15 percent O2, dry basis) with an F factor of 8710 dscf/MMBtu. 

Stating the equivalent of the NOx factor for stationary gas turbines in units of concentration 

(ppm) provides for flexibility when comparing standards with those of other federal regulations 

such as NSPS. This change should be approved. 

Table D-1B 

NOx Emission Factors for Sources in the Region of Influence

Category Maximum Rated 

Capacity 

NOx Emission Factor a

Electric Power Generating System Boilers: 

 Coal-fired >/= 80 

MMBtu/Hour 

0.21 pound/MMBtu 

 Number 6 Fuel Oil-fired >/= 80 

MMBtu/Hour 

0.18 pound/MMBtu 

 All Others (gaseous or liquid) >/= 80 

MMBtu/Hour 

0.10 pound/MMBtu 

 Industrial Boilers >/= 80 

MMBtu/Hour 

0.10 pound/MMBtu 

Process Heater/Furnaces: 

 Ammonia Reformers >/= 80 

MMBtu/Hour 

0.23 pound/MMBtu 

 All Others >/= 80 

MMBtu/Hour 

0.08 pound/MMBtu 

Stationary Gas Turbines: 

 Peaking Service, Fuel Oil-fired >/= 10 MW 0.30 pound/MMBtu 

 Peaking Service, Gas-fired >/= 10 MW 0.20 pound/MMBtu 
 All Others >/= 10 MW 0.16 pound/MMBtub

Stationary Internal Combustion Engines: 

 Lean-burn (Region of Influence) >/= 1500 Hp 4g/Hp-hour 

Lean-burn (Baton Rouge 

Nonattainment Area)

>/= 320 Hp 4g/Hp-hour

 Rich-burn >/= 300 Hp 2g/Hp-hour 

 a

 all factors are based on the higher heating value of the fuel. 

 

 b

 equivalent to 42 43 ppmv (15 percent O2, dry basis) with an F factor of 8710 dscf/MMBtu. 

Changes to the table above are the result of creating separate tables for both the Nonattainment 

area sources and the sources in the Region of Influence. This change is approvable. 

9. On a day that is designated as an Ozone Action Day by the department, a facility shall not fire an 

affected point source with Number 6 Fuel Oil or perform testing of emergency and training combustion 

units without prior approval of the administrative authority. If a facility has received approval from the 

administrative authority for a plan to use Number 6 fuel oil, this is considered prior approval for purposes 

of this Paragraph. 

This statement will prevent potential confusion and promotes consistency. For nonattainment 

parishes now, use of any fuel oil requires written authorization. For the region of influence the 

existing written authorization for #6 fuel oil is retained. The added language, by allowing the 

prior approvals to remain in effect, serves as a clarification to avoid confusion and the new 

limitation would not be retroactively effective. This subsection should be approved 

2201.E.1. 

d. An owner or operator that chooses to use the provisions of Clause E.1.b.i or E.1.c.i of this Section to 

demonstrate compliance in an averaging plan shall include in the submitted plan a description of the actions 

that will be taken if any under-controlled unit is operated at more than 10 percent above its averaging 

capacity (HIi in Subparagraph E.1.a of this Section). Such actions may include a comparison of the total 

current emissions from all units in the averaging plan to the total emissions that would result if the units in 

the plan were operated in accordance with Subsection D of this Section, other reviews, reporting, and/or 

mitigation actions. If the department determines that the actions are not adequate to prevent an increase of 

emissions over the total emissions that would result if the units were operated in accordance with 

Subsection D of this Section, the department shall require that the averaging plan and/or the action plan be 

revised or shall disallow the use of the averaging plan. 

The change in this subsection is editorial in nature and should be approved. 

f. NOx reductions accomplished after 1997 through curtailments in capacity of a point source with a 

permit revision or by permanently shutting down the point source may be included in the averaging plan. 

 In order to include a unit with curtailed capacity or that has been permanently shut down in the averaging 
plan, the old averaging capacity, determined from the average of the two ozone seasons prior to the 

capacity curtailment or shutdown or such other two-year period approved by as the department may 

approve, shall be used to calculate the unit's contribution to the term FL. The new averaging capacity, 

determined from the enforceable permit revision, shall be multiplied by the owner assigned limit to 

calculate the contribution of the curtailed unit to the cumulative emission factor for the averaging group. 

For a shut down source, the contribution to the cumulative emission factor shall be zero. 

This change provides for calculation of the average capacity of a shutdown unit. This change 

should assist with compliance determination aspect of the rule. This subsection should be 

approved. 

g. NOx reductions from post 1997 modifications to exempted point sources, as defined in Subsection C of 

this Section, may be used in a facility-wide averaging plan. If a unit exempted in Subsection C of this 

Section is included in an averaging plan, the term RIi in Equation E-1 shall be established, in accordance 

with Subsection G of this Section, from a stack test or other determination of emissions approved by the 

department that was performed before the NOx reduction project was implemented and the term Rai shall 

be established from the owner-assigned emission factor in accordance with Subparagraph E.1.a of this 

Section. For the case of a point source exempted by Paragraph C.15 of this Section, if the permit limits 

were established after 1997 and were not required by a state or federal regulation, the source may be 

included in an averaging plan, with the term RIi taken from Table D-1A or D-1B in Paragraph D.1 of this 

Section. 

The change provides for calculation of NOx reductions as a of part facility-wide averaging plan 

provision in section 2201. This change should provide for consistency among such calculations 

in a facility’s averaging plan as they are submitted to LDEQ for review. This section should be 

approved. 

2201.G.5. 

5. Compliance with the emission specifications of Subsection D or E of this Section for affected point 

sources operating without CEMS or PEMS shall be demonstrated while operating at the maximum rated 

capacity, or as near thereto as practicable. The stack tests shall be performed according to emissions testing 

guidelines located on the department website under Air Quality Assessment/Emission Testing Program. in 

the technology section. Three minimum one 1-hour tests, or three minimum 20-minute tests for turbines,

shall be performed and the following methods from 40 CFR part 60, appendix A shall be used: 

The proposed changes are editorial in nature. Furthermore, requiring the use of Test Methods 

from 40 CFR part 60, Appendix A would make the testing provision federally enforceable. This 

subsection should be approved. 

2201.H.1.b.vi. 

vi. alternatively to Clauses H.1.b.ii-iv of this Section, the owner or operator may request approval from the 

administrator for an alternative monitoring plan that uses a fuel-oxygen operating window to demonstrate 
continuous compliance of NOx and CO. In order to continuously demonstrate compliance with the NOx 

limits of Subsection D or E of this Section, the owner or operator shall implement procedures to operate the 

boiler on or inside fuel and oxygen lines that define the operating window. The corners of the window shall 

be established during the initial compliance test required by Subsection G of this Section or similar testing 

at another time. The details for use of an alternative monitoring plan shall be submitted in the permit 

application or in the optional compliance plan described in Paragraph F.7 of this Section. The plan shall 

become part of the facility permit and shall be federally enforceable. 

The changes ensure and promote proper operation of the boiler, as defined within its operating 

window, and as a condition to demonstrate continuous compliance with the NOx limit of 

Subsection D or E of the rule. This subsection should be approved. 

2201.H.2.b.vi. 

vi. alternatively to Clauses H.2.b.ii-iv of this Section, the owner or operator may request approval from the 

department for an alternative monitoring plan that uses a fuel-oxygen operating window, or other system, to 

demonstrate continuous compliance of NOx and CO. In order to continuously demonstrate compliance with 

the NOx limits of Subsection D or E of this Section, the owner or operator shall implement procedures to 

operate the boiler on or inside fuel and oxygen lines that define the operating window. The corners of the 

window shall be established during the initial compliance test required by Subsection G of this Section or 

similar testing at another time. The details for use of an alternative monitoring plan shall be submitted in 

the permit application or in the optional compliance plan described in Paragraph F.7 of this Section. The 

plan shall become part of the facility permit and shall be federally enforceable. 

The changes ensure and promote proper operation of the boiler, as defined within its operating 

window, and as a condition to demonstrate continuous compliance with the NOx limit of 

Subsection D or E of the rule. The revision will also make this subsection consistent with the 

subsection 2201.H.1.b.vi. above. This subsection should be approved. 

2201.H.10.-12. 

10. All affected point sources that rely on periodic stack testing to demonstrate continuous compliance and 

use a catalyst to control NOx emissions shall be tested to show compliance with the emission factors of 

Subsection D or E of this Section after each occurrence of catalyst replacement. Portable analyzers shall be 

acceptable for this check. Documentation shall be maintained on-site, if practical, of the date, the person 

doing the test, and the test results. Documentation shall be made available for inspection upon request. 

The changes are editorial in nature, and state the intended purpose of subsection 2201.H.10.

of the rule. This subsection should be approved. 

 11. The owner or operator of any low ozone season capacity factor boiler or process heater/furnace, as 

defined in Subsection F of this Section, for which an exemption is granted shall install, calibrate, and 

maintain a totalizing fuel meter, with instrumentation approved by the department, and keep a record of the 

fuel input for each affected point source during each ozone season. If the average Btu-per-ozone seasonhour is limited, Tthe owner or operator of any boiler or process heater/furnace covered under this 

exemption shall include the noncompliance in the written report that is due in accordance with Paragraph 
I.2 of this Section.notify the administrative authority within seven days if the Btu-per-ozone season limit is 

exceeded. If the Btu-per-ozone season-hour limit is exceeded, the exemption shall be permanently 

withdrawn. Within 90 days after receipt of notification from the administrative authority of the loss of the 

exemption, the owner or operator shall submit a permit modification detailing how the facility will to meet 

the applicable emission factor as soon as possible, but no later than 24 months, after exceeding the Btu-perozone season limit. Included with this permit modification, the owner or operator shall submit a schedule 

of increments of progress for the installation of the required control equipment. This schedule shall be 

subject to the review and approval of the department. 

The changes are editorial in nature, and clarify the intended purpose of the above subsection. In 

addition, the change requires an owner or operator of a boiler or process heater/furnace to submit 

to LDEQ a written report of its noncompliance for the fuel input requirements. Adoption of the 

reporting requirement will enhance the Louisiana SIP. This subsection should be approved. 

 12. The owner or operator of any affected point source that is granted an exemption in accordance with 

Paragraph C.6 of this Section for operating less than 400 hours during the ozone season shall install, calibrate, and 

maintain a nonresettable, elapsed run-time meter to record the operating time in order to demonstrate compliance 

during the ozone season. The owner or operator shall notify the administrative authority within seven days if the 

hours-per-ozone season limit is exceeded. If the average operating hours-per-day hour-per-ozone season limit is 

exceeded the owner or operator shall include the noncompliance in the written report that is due in accordance with 

Paragraph I.2 of this Section., If the average operating hours-per-day limit is exceeded, the exemption shall be 

permanently withdrawn. Within 90 days after receipt of notification from the administrative authority of the loss of 

the exemption, the owner or operator shall submit a permit modification detailing how to meet the applicable 

emission factor as soon as possible, but no later than 24 months, after exceeding the limit. Included with this permit 

modification, the owner or operator shall submit a schedule of increments of progress for the installation and 

operation of the required control equipment. This schedule shall be subject to the review and approval of the 

department. 

The changes are editorial in nature, and clarify the intended purpose of the above subsection. 

The change also requires an owner or operator to submit to LDEQ a written report of its 

noncompliance for the fuel input requirements. Adoption of the reporting requirement will 

enhance the Louisiana SIP. In addition, the change will provide for consistency among this 

subsection and that of 2201.H.11. This subsection should be approved. 

2201.H.13.-15. 

13. Elapsed run-time and fuel meter, oxygen, diluents, and CO monitors, and other such instrumentation 

required by this Section shall be calibrated according to the manufacturer’s recommendations, but not less 

frequently than once per year. Records shall be maintained according to Paragraph I.3 of this Section. 

Subsection 2201.H.13 provides for calibration and proper operation of the monitor. This 

subsection should be approved. 

14. Any unit with a permit requirement or applicable regulation that required more stringent testing than 

this Chapter requires shall comply with the permit requirements of applicable regulation rather than this 

Chapter. 
Subsection 2201.H.14 ensures that a source will need to comply with other applicable 

regulations or permit conditions in case those applicable regulations or permit conditions are 

more stringent than Chapter 22. This requirement prevents possible relaxation of other NOx 

emission controls. This subsection should be approved 

15. Continuous demonstration of compliance with fuel, oxygen concentration, and other parameter limits 

shall be on a 30-day rolling average basis. 

Use of a 30-day rolling average is an accepted averaging method for NOx rules in order to 

produce a more replicable emission standard for comparison/compliance determination purposes. 

This subsection should be approved. 

2201.I.2. 

2. The owner or operator of an affected point source granted an exemption in accordance with any part of 

Subsection C of this Section or required to demonstrate continuous compliance in accordance with 

Subsection H of this Section shall submit a written report within 90 days of the end of each ozone season 

quarter to the administrative authority for any noncompliance of the applicable emission limitations of 

Subsection D or E of this Section. The required information may be included in reports provided to the 

administrative authority to meet other requirements, so long as the report meets the deadlines and content 

requirements of this Paragraph. The report shall include the following information: 

 a. a description of the noncompliance; 

 b. a statement of the cause of the noncompliance; 

 c. anticipated time that the noncompliance is expected to continue or, if it has been corrected, the 

duration of the period of noncompliance; and 

 d. the steps taken to prevent recurrence of the noncompliance. 

The changes are editorial in nature, and clarify the intended purpose of the subsection 2201.I.2. 

This subsection should be approved. 

2201.J.2. [I don’t see that there is a change to this paragraph.] 

2. The owner or operator shall complete all initial compliance testing, specified by Subsection G of this 

Section, for equipment modified with NOx reduction controls or a NOx monitoring system to meet the 

provisions of this Chapter within 60 days of achieving normal production rate or after the end of the shake 

down period, but in no event later than 180 days after initial start-up. Required testing to demonstrate the 

performance of existing, unmodified equipment shall be completed in a timely manner, but by no later than 

November 1, 2005. 

No changes are made to subsection 2201.J.2. 

2202. Contingency Plan [This is a new section.] 

A.This Section shall become effective only in the event that the United States Environmental Protection 

Agency (EPA) determines and notifies the department in accordance with Section 175A(d) of the Clean Air 

Section 2301
Act as amended [42 USC 7511(b)(2)] that the Baton Rouge area has violated the 8-hour ozone National 

Ambient Air Quality Standard (NAAQS), and that the department must put this contingency plan into effect. 

Section 175A(d) of the Act concerns contingency provisions necessary to assure State promptly 

corrects any violation of the NAAQS after the redesignation of the area to attainment. State will 

need to implement these measures (contingency measures), that are contained in the SIP, prior to 

redesignation of the concerned area to attainment. The reference to 42 USC 7511(b)(2) is correct 

since Baton Rouge has been an 8-hour ozone nonattainment area Sub section 2202A. provides 

for applicability of the need to implement a contingency measure in the event the 8-hour ozone 

NAAQS is violated. within the Baton Rouge area. This subsection should be approved. 

B.Definition of Ozone Season. In the event of notification from EPA in accordance with Subsection A of this 

Section, the definition of ozone season in LAC 33:III.2201.B will be the period April 1 to October 31, 

inclusive, of each year. 

As an element of the contingency LDEQ has decided to extend the duration of its ozone season 

from the existing May 1 to September 30 of each calendar year to April 1st to October 

31st(“inclusive” means that both April 1st and October 31st dates are also part of this revised time 

window). Addition of one month to the beginning of the existing ozone season and addition of 

another month to the end of the existing season will have the intended effect of having more 

NOx control measures in place for two extra calendar months for the Baton Rouge area; thus 

potentially reducing the statistical occurrence of an ozone violation in the area since NOx is a 

precursor to ozone. Stated differently, by introducing the authority of reducing NOx emissions 

earlier and later in the season one could potentially reduce the number of high ozone days 

(minimizing the number of violations) in the area. This subsection should be approved. 

C.Effective Dates. An owner or operator of a source subject to this Chapter shall comply with this Section as 

expeditiously as possible, but not later than the first day of the next ozone season after determination and 

notification by the EPA in accordance with Subsection A of this Section. 

This subsection provides for effective date of triggering the contingency measure once the area 

violates the 8-hour ozone NAAQS. This subsection will make section 2202 enforceable. This 

section should be approved. 

This concludes our section by section evaluation of revisions to Chapter 22. Control of 

Emissions of Nitrogen Oxides (NOx) referred to as AQ 305, adopted by LDEQ on January 20, 

2010. 

Conclusion: Based on our evaluation the revision to Chapter 22. Control of Emissions of 

Nitrogen Oxides (NOx) referred to as AQ 305, adopted by LDEQ on January 20, 2010 should be 

approved.