### JoHN BEL

## EDwARDs GOVERNOR 

# RECEIVED
·- 6PDL 

# AIR PLA.NHlNG S(ji;.ucKCARR BRoWN, PH.D.

Ron Curry

# ~tate

# of**JLout~f!fra 9**  

# PH 

# s= 24

DEPARTMENT OFENVIRONMENTAL QUALITY 

## OFFICE OFTHE SECRETARY Regional Administrator, Region 6 EnvironmentalProtectionAgency (EPA) 1445 Ross Avenue, Suite 1200 Dallas, Texas 75202-2733 SECRETARY



### RE: Withdrawal ofLAC 33:III Chapters 2 and 65 State Implementation Plan (SIP) Revision Submittals

Dear

### Mr. Curry:
By letter dated May 21, 2015, your office has recommended that various LAC 33:III Chapter 2 and Chapter 65 SIP revision submittals be withdrawn and resubmitted in order to expedite SIP backlog reduction efforts. The letter identified that 7 submittals encompass approximately 18 rule revisions over a period of25 years. Due to gaps in the rule revisions, both Louisiana and EPA want to make certain that the most current rules are approved as theyrepresent not only the fee system, but also the new source review (NSR) program.
Based on this recommendation, Louisiana is submitting a complete fee rule package as a replacement for the currently approved fee permit provisions in the SIP, and withdraws all submittals ofChapters 2 and 65 from 1995 to present that have not already been approved into the SIP. Chapter 2 and 65 provisions already in the approved SIP will be revised accordingly. In 

### 1993 the State regulations were recodified and fee provisions
were moved from Chapter 65 to Chapter 2 and Chapter 65 ceased to exist, therefore this submission ofthe currentChapter 2 will replace Chapter 65 in the approved SIP. This withdrawal will also include any additional submittals ofChapters 2 and 65 thatwere notreferenced inthe May 21, 2015, EPA letter.

Louisiana is hereby withdrawing its submittals ofall revisions to Chapters 2 and 65 ofLAC 33:III from 1995 to present that have not previously been approved into the SIP and also submitting, for approval, revisions for the repeal ofthe SIP-approved Chapter 65. In addition LDEQ is also submitting the current Chapter 2 fee provisions, Sections 2.201 through 2.221 as a replacement to the currently approved SIP Chapters 65 and 2. The withdrawal ofthe referenced submittals for rule revisions will expeditethe review ofthe new submittal.

Ifyou have questions or comments about this request, please contact Vivian Aucoin at (225) 219-3482 or via email atVivian.Aucoin@la.gov. Sincerely,



# 02l(C

# ItChuckCarrBrown, Ph.D. Secretary

CCB:vha

Enclosure Date: 

# 2(?-

# :3//**~ --------~-----------------** 



### C: Jeffrey Robinson, Section Chief, AirPermits Section

Post Office Box 4301 • Baton Rouge, Louisiana 70821-4301 • Phone225-219-3953 • Fax 225-219-3971 www.deq.louisiana.gov

# Louisiana State ImplementationPlan Revision

LAC 33:111 Chapter2 Rules and Regulations for the Fee System Ofthe Air Quality ControlPrograms

Submittedto:

EPA Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733

Final February 2016

### Chapter2. §201. §203. §205. §207. §209. §211. §213. §215. §217. §219. §221. §223.

3. §3 §303. §305. §307. §309. §311. §313. §315. §317. §319. Chapter 5. §501. §502. §503. §504. 

## Part 

# III. Air

General Provisions

.................................................................................................................**an.c~rem~au** 

### es

......................................................... Definitions

........................................................................................................ Rules and Regulations for the Fee System ofthe Air Quality Control Programs

...................... Scope and Purpose

...................................................................................................................... 8 Authority

..................................................................................................................................... 8 Definitions

..................................................................................................................................9 Application Fees

.........................................................................................................................9 Annual Fees

................................................................................................................................9 Methodology

...............................................................................................................................9 Determination ofFee

................................................................................................................ 11 Methods ofPayment

................................................................................................................. 11 Late Payment Fee

..................................................................................................................... 11 Failure to Pay

............................................................................................................................ 12 Effective Date

........................................................................................................................... 12 Fee ScheduleListing

................................................................................................................ 1 Regulatory Permits

............................................................................................................... . .20 Purpose

....................................................................................................................................20 uirements and Limitations ofRegulatory Permits

........................................ ...................20 Const tion and Operation.........................................................................

...........................21 Regulatory mit for Oil and Gas Well Testing

...................................................................21

orRelease ofNatural Gas from Pipelines a ssociated Equipment..

...22 Regulatory Permitfor tionary Internal Combustion En · es

..............................................23 Regulatory Permitfor Porta
Regulatory Permitfor Rock, Concrete, Regulatory Permit for Flaring ofMate · s PermitProcedures

.................................................................................................................31 Scope and Applicability

.......................................................................................................31 Definitions..................

............................................................. ............................................. 36 Minor Source Pe · Requirements..................................................

.....................................39 Nonattainme ew Source Review (NNSR) Procedures and Offset Re 'rements in Speci Parishes.........................................................................................

.....................40 ain Program PermittingRequirements

........................................................................57

ean AirInterstate Rule Requirements.............................................................................

... 57 Part70 OperatingPermits Program

..........................................................................................

EnvironmentalRegulatory Code 

### July 2015

### Section 111 Title 33, Part III 

### Sulfation Rate-used as a measure of the sulphur.
com ounds in the atmosphere. It is the rate at whic oxidi ble sulphur compounds in the atmosphere conv rt lead p oxide into lead sulphate. 

### Su ric Acid (HzSOJ-a heavy corrosive oily di asic acid that ·s colorless when pure and is a vigorous oxi tzing agent. 

### Su/furz AcidProduction**Uni~-any** facility p ducing sulfuric aci by the contact process by burning emental sulfur, alkyl ion acid, hydrogen sulfide, organ· sulfides and mercapt s, or acid sludge, but does t include facilities whe conversion to sulfuric acid is utilized primarily as a means of preventing emis 1ons to the atmosphere ofsu fur dioxide orother sulfurc pounds. 

### Sulphur Co !POUnds-all inorgani or organic chemicals having atom or atoms of ulphur in their chemical structure.



### Synthetic Organic (SOCMQ-the industry final products, one or ore of LAC 33:III.2199, Appendi 

### Thin Partic/eboard-p thickness of 1/4 inch or les 0.210 inch to 0.265 inch). 

### Top Coat-the surface ofestablishing the color an groundcoat and paint sealer



### Transfer Efficienc the portion o coating solids which is not lost orwasted ring the applicati n process expressed
as percent oftotal v lume ofcoating sol s delivered by the application. 

### UpwindLeve the concentration ofai contaminants in the atmosphere etermined at some point upwind of the
source. This ncentration may be cons dered as the background le 

### I. 

### Varian a waiver issued under the aut rity of the Department of Environmental Quality upon ap lication to allow emi ions greater than those allowable nder the regulation and/or a license to do some act con to these regulatio s. 

### Vo tile Organic Compound (effective h I, 1990) any organic compound that participat in atmo heric photochemical reactions; that is, any o anic
com ound other than those which the administrator o the U

..Environmental ProtectionAgency designates as ha "ng
ne ligible photochemical reactivity. VOC may be measu d b a reference method, an equivalent method, or

ternative method. A reference method, an equivalen


### July2015 EnvironmentalRegulatory Code 8 or an alternative method, however, may als
ure nonreactive organic compounds. In such cases, n own or operator may exclude the nonreactive or nic compo ds when determining compliance with a stan rd. 

### Waste Classification-those seven classifi tions of waste as en erated in the Incinerator Institute f America**(HNO~-acid** ich is 30 to

AUTHORITYNOTE: 30:2054. roll of press, and rewound or

HISTORICALNOTE: ulgate by the Department of Environmental Quality, Offi e ofAir Qu "ty and Nuclear Energy. Air Quality Division, L 13:741 (Decem 1987), amended LR 14:348 (June 1988), L 5:1061 (December I 9), amended by the Office of Air Qua · and Radiation Protec "on, Air Quality Division, LR 17:7'Z (August 1991), LR 21:1081 ctober 1995), LR 22:1212 ( cember 1996), amended by Office of Environmental ssessment, Environmental Planning · ision. LR 26:2444 (No mber 2000), amended by the Office ofthe cretary, Legal Affi rs Division, LR 32:808 (May 2006), LR :1599 (Septem r 2006), LR 33:2082 (October 2007), LR 34:70 (Ja ary 2008), R 35:1101 (June 2009), LR 36:1773 (August 2010), 37:1 S (April2011). LR 37:3220 (November2011).



## Chapter2. Rules and Regulations for the Fee System oftheAir Quality Control Programs §201. Scope and Purpose

A. It is the purpose ofthese regulations to establish a fee system for funding the monitoring, investigation and other activities required to be conducted for the maintenance ofa safe and healthful environment by the Department of Environmental Quality in accordance with the Louisiana Environmental Quality Act 

### (R.S. 30:200I et seq.). Fees are required for all permits, licenses, registrations, and variances authorized by the Act.

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

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office ofAir Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:610 (September 1988), LR 19:1373 (October 1993). 

### §203. Authority

A. These regulations provide fees as required by R.S. 30:2014.

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

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office ofAir Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:610 (September 1988).

### Title 33, Part III Section211



### §205. Definitions

A. All terms used in these rules, unless the context otherwise requires or unless specifically defined in the Louisiana Environmental QualityAct, or in other regulations promulgated by the secretary of the Department of Environmental Quality or his predecessor, shall have their usual meaning.

AUTHORITYNOTE: Promulgated in 

### accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office ofAir Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:610 (September 1988). 

### §207. Application 

### Fees

A. No application or amendments thereto shall be processed prior to payment of a permit fee, when it is determined that a permit fee is due. No permit, license, registration, or variance, unless otherwise authorized by the secretary, shall be issued until the full amount ofthe fee has been paid and such check or draft has been accepted by the bank or drawee and the department's account has been credited with the amount of the fee, when it is determined that a permit fee is due.

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

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office ofAir Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:610 (September 1988), LR 19:1373 (October 1993), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:264 (February 2000). 

### §209. Annual 

### Fees

A. All parties conducting activities for which an annual maintenance fee is provided shall be subject to the payment of such fee by the due date indicated on the invoice. The annual maintenance fees are based on a state fiscal yearfrom July 

### I to June 

### 30. All major and all minor sources that have been issued a permit for air pollution emissions shall pay an annual maintenance fee.

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

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office ofAir Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:611 (September 1988), amended by the Office ofManagement and Finance, Fiscal Services Division, LR 22:17 (January 1996), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:264 (February 2000). 

### §211. Methodology

A. Formulato Apportion Fees AirToxics Permits Application Feefor majorsources oftoxic pollutants (basedontype of facility and on ratedproduction capacity/throughput) Surchargeof10"/oofthepermit application fee tobecharged whenthere isan increase in toxic airpollutantemissions abovethe minimumemission rates (MER) listed in LAC 33:III.5112,Table 51.1



### 9 AirToxics Annual Emissions Fee for majorsourcesoftoxic Variable airpollutants (basedonairtoxic pollutants emitted) 1 

### Annual Maintenance Fee (based on typeoffacility and on 

### rated Variable production caoacitvlthrouRhput) NewApplication Fee(basedon type offacility and onrated Variable production capacity/throughput) Majorand MinorModification Modified PermitFee(basedon Variable type offacility and on rated production caoacitvlthroue:houtl PSD Application Fee (based on Surcharge of50% ofthe type offacility and on rated application fee when aPSD productioncapacity/throughput) permitapplication isbeing processed "NESHAP" MaintenanceFee Surchargeof25% oftheAnnual (based ontype offacility and on Maintenance Fee forthat rated production particularprocess/plantto be capacity/throughput) added to the Annual 

### 'i MaintenanceFee "NSPS" MaintenanceFee(based Surcharge of25% ofthepermit on type offacility and on 

### rated application fee to becharged for production capacity/throughput) any permitapplicationthat includes the addition ofnew equipmentsubjectto NSPS**re~~:ulation** 

### Fees shall be assessed on majorsourcesas

### defined inLAC 33:Ill.5103. Sourcesthat have reduced emissions below major source thresholds are notrequired to submitannual emissions reports in accordance with LAC 33:1JI.5107.



### B. Fee Methodology



### I. All fees required by this Chapter are listed in LAC 

### 33:111.223, Fee Schedule Listing, which shall be referred to as the Fee Schedule in the remainder of this Chapter. All persons required to obtain a new or modified permit shall be subject to a permit application fee (see Fee Schedule) unless otherwise exempted. This fee shall be submitted with any application for a new or modified permit. The annual maintenance fee for a new or modified source shall be paid during the fiscal year (July 

### I to June 

### 30) in whichthe process specified in the permft comes on line. 

### 2. The Standard Industrial Classification (SIC) codes listed in the Fee Schedule shall be used to assist in the determination ofthe proper fees to assess. 

### 3. The permit fee for sources or facilities with multiple processes shall be equal to the total amounts required by the individual processes involved, as listed in the Fee Schedule, unless the entire facility is covered by a single fee category. 

### 4. All invoices for annual maintenance fees for major
sources shall be submitted to those sources during the fiscal year. The annual maintenance fee shall be applicable to the fiscal year beginning July I of each year and ending the following June 

### 30. Failure to remit the annual maintenance fee in accordance with the above shall be considered grounds for revoking an existing permit. Maintenance fees not received for prior fiscal years are due upon receipt of
new or duplicate invoices. Minor sources may or may not receive an annual compliance inspection. In this case the

EnvironmentalRegulatory Code July2015

### Section 211 Title 33,Part III

maintenance fee must be paid within 30 days after notification by the agency ofthe amount due. Only one such fee shall be charged annually. 

### 5. Ifa conditional permit is issued in accordance with adopted procedures, fees submitted with that application for permit shall be retained and 

### be applicable to the regular permit when it is acted upon. 

### 6. Ifa process is not listed in the Fee Schedule and is not a source type exempted from fees bythis regulation, then the department shall assign a fee based on the most similar processes in the Fee Schedule and negotiated separately. Ifa process or facility is specifically listed 

### in the Fee Schedule, then the fee cannot be negotiated. The department shall analyze each permit request to determine the number of processes involved and the permit fee associated witheach. 

### 7. Annually, the department shall reevaluate the Fee Schedule based upon the previous fiscal year's reasonable costs involved in the operation of the permit system and submit suchrevised scheduletothe secretary forapproval. 

### 8. When a company withdraws its application and claims refund for the permit fee, no refund shall be made if the review ofthe application is essentially completed at the time ofwithdrawal. However, up to 50 percent refund may be made when the review has been initiated, but is not essentially completed. 9. Annual maintenance fees (AMF) are not prorated. Ifa facility operates any part ofa year or at a reduced rate during the year, the full annual maintenance fee is still charged. In order for the annual maintenance fee to be cancelled, the facility must not operate at all during the year and the permit to operate for the facility must be cancelled and/or changes must 

### be made to the process or facility in order to makethe process or facility not subject to regulation by the department. The cancellation of the permit shall require that a new permit be issued before the facility could be operated again. Failureto pay the annual maintenance 

### fee will cause the permit for the facility covered by the fee to 

### be cancelled. · 10. When a permanent shutdown occurs and a company properly notifies the Office ofEnvironmental Services by official change in the Emission Inventory Questionnaire (EIQ) and permit, then the maintenance fee would be dropped for that shutdown portion ofthe process/plant. This fee reduction or cancellation shall apply only in the fiscal years in which the shutdown portion ofthe plant or process did not operate at all. TheEIQ and permit shall also need to be changed to delete the emissions from the shutdown portion ofthe plant or process before the start ofthe fiscal year in which the 

### fee would have been charged. 11. For most fees listed in these regulations, the minor modification fee is equal to the annual maintenance fee (AMF). Themajor modification fee is three times the AMF, and the newapplication fee is five times theAMF. Minimum and maximum permit fees shall apply to all categories that have minimum and maximum AMF according to the following table. 

### Ifthe ratio was not used to establish the

JulyZ0/5 

### EnvironmentalRegulatory Code 10 major modification and the new application fees for a category, then the actual ratio ofmajormodification and new application fee to 

### AMF shall be used.
PermitFeu Mluimum Maximum MinorModification min.AMF max. AMF MaiorModification 3xmin.AMF 3xmax. AMF New Application 5xmin.AMF 5xmax. AMF



### 12. NSPS fees may be waived when a PSD application fee is imposed.
13. The department shall determine the type of fee. This determination shall be based on the work load created by the permit application and shall be determined based on the factors described as follows.

a. New Application Fee. The new application fee shall be based on the new capacity when a new process or operation is added or the incremental increase in capacity when the capacity is increased by more than 

### 80 percent. 

### It applies when: i. a new facility is added; ii. a new operation in an existing facility is added;
or

111. 

### an existing operation is expanded by more than 80 percent in capacity. b. Major Modification Fee. The major modification fee shall be based onthe existing capacity whenthe capacity is increased by more than 40 percent and less than 80 percent. The applicant has the option to 

### choose to base the major modification fee on the incremental capacity increase and using the new permit application rate in cases where the incremental increase is small compared to the existing capacity. In that case, the applicant can choose the smaller fee as long as it is larger than the minimum major modification fee listed for the category. In all cases, the minimum amount of the fee would be equal 

### to or greater than the minimum major modification fee for the category. Themajormodification fee applies when:

1. 

### the modification will triggerPSDreview; ii. the modification would have triggered PSD review without the use of contemporaneous emission reductions orbanked emissions;

111. 

### the modification will increase emissions by 25 tons/year ormore ofnonattainment pollutant; iv. the modification will change emissions over 100 tons/year ofa criteria pollutant for which the standard has been attained; or

v. the modification will increase capacity of an existing operation at least by 40 percent and less than 80 percent.

c. Minor Modification Fee. The minor modification fee (based on existing capacity) applies when a modification is not qualified under new application fee or major modification fee. The minor modification fee shall be basedTitle 33,Part III 

### Section217

on the existing capacity when the capacity is increased by less than 40 percent. The applicant has the option to choose to base the minor modification fee on the incremental capacity increase and using the new permit application rate in cases where the incremental increase is small compared to the existing capacity. In that case, the applicant can choose the smaller fee as long as it is larger than the minimum minor modification fee listed for the category. In all cases, the minimum amount ofthe fee would be equal to orgreater than the minimum minormodification fee for the category. d. If a permit modification is such that it does not increase capacity and changes emissions by less than 25 tons/year of all nonattainment pollutants, by less than I0 tons/year ofan individual toxic airpollutant, by less than 25 tons/year of total toxic air pollutants, and by less than I00 tons/year of all other criteria (attainment) pollutants, then the permit fee shall be charged equal to the minimum minor modification permit fee for each fee process category involved. If no minimum minor modification permit fee is listed in LAC 33:1II.223, then the minimum minor modification fee is calculated as follows: i. if the minor modification fee is greater than $800, then the minimum minor modification fee is equal to 25 percentofthe minormodification fee;
ii. ifthe minor modification fee is $200 to $800, then the minimum minormodification fee is $200; and

111. ifthe minor modification fee is less than $200, then the minimum minor modification fee is the same as the minormodification fee.

e. Small Source Permit. The small source permit, as defined by LAC 33:III.503.B.2, applies when a permitted
source is not a 

### Part 70 source as defined in LAC 33:III.502. TI1e permitted source must also emit or have the potential to emit less than 25 tons/year ofany criteria pollutant, and less than 10 tons per year ofany toxic air pollutant. For permit applications with processes specifically listed in the fee schedule that would also qualify for the small source permit fee, the permitfee shall be the lesserofthese listed fees.
14. Air Taxies Annual Emissions Fees based on actual annual emissions that occurred during the previous calendar year shall be assessed on 

### major sources as defined in LAC 33:III.5103.
IS. For permits issued under LAC 33:III.507 

### (T"
e following applies:

ofper · Issued provided no modifications are e facility.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office ofAir Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR

II 14:611 (September 1988), amended by the Office ofAir Quality and Radiation Protection, Air Quality Division, LR 17:1205 (December 1991), LR 18:706 (July 1992), LR 19:1419 (November 1993), amended by the Office ofManagement and Finance, Fiscal Services Division, LR 22:17 (January 1996), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:264 (February 2000), LR 26:2444 (November 2000), LR 29:2776 (December 2003), amended by the Office ofthe Secretary, Legal Affairs Division, LR 31 :2435 (October 2005), LR 33:2082 (October 2007), LR 33:2620 (December 2007), LR 37:1145 (April2011). 

### §213. DeterminationofFee

A. These regulations apply to all registrants, specific licenses, permittees and other persons subject to charges concerned with one or more ofthe various programs ofthe DepartmentofEnvironmental Quality.

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

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office ofAir Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:612 (September 1988). 

### §215. Methods ofPayment

A. All payments made by check, draft, or money order shall be made payable to the Department ofEnvironmental Quality, and mailed to the department at the address provided onthe invoice.

B. Electronic Methods ofPayment

I. Persons wishing to make payments using the electronic pay (e-pay) method shall access the department's website and follow the instructions provided on the website.
2. Persons wishing to make payments using the electronic funds transfer (EFT) method shall contact the Office ofManagement and Finance for further instructions.

C. Cash is not an acceptable form ofpayment. AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054. and R.S. 49:316.1 (A)(2)(a) and (c)

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office ofAir Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:612 (September 1988), amended by the Office ofAir Quality and Radiation Protection, Air Quality Division, LR 18:706 (July 1992), amended by the Office ofManagement and Finance, Fiscal Services Division, LR 22:18 (January 1996), amended by the Office of the Secretary, Legal Affairs Division, LR 35:2179 (October 2009). 

### §217. Late PaymentFee

A. Payments not received within 15 days ofthe due date will be charged a late payment fee. Any late payment fee shall be calculated from the due date indicated on the invoice.
1. Payments not received by the department by the fifteenth day from the due date will be assessed a 

### 5 percent late paymentfee onthe original assessed fee.



### EnvironmentalRegulatory Code July2015

# . Section217 Title 33, Part III

' 

### 2. Payments not 

### received by the department by the

thirtieth day from the due date will be assessed an additional 

### 5percent late paymentfee 

### on the original assessed fee. 3. Payments not received by the department by the sixtieth day from the due date will be assessed an additional 

### 5percent late payment fee on the original assessed fee.

AUTHORITYNOTE: Promulgated in accordance 

### with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office ofAir Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:612 (September 1988), amended by the Office ofAir Quality and Radiation Protection, Air Quality Division, LR 18:706 (July 1992), LR 19:1373 (October 1993), LR 21:781 (August 1995), amended by the Office of Management and Finance, Fiscal Services Division, LR 25:426 (March 1999). 

### §219. Failureto Pay



### A. Failure to pay the prescribed application fee or annual fee 

### as provided herein, within 90 days after the due date, will constitute 

### a violation ofthese regulations and shall subject the person to applicable enforcement actions under the Louisiana Environmental Quality Act including, but not limited to, revocation or suspension ofthe applicable permit, license, registration, orvariance.

AUTHORITYNOTE· Promulgated in accordance with R S


# .. 30:2054

.

Table I HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office ofAir Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:612 (September 1988), amended by the Office ofAir Quality and Radiation Protection, Air Quality Division, LR 19:1373 (October 1993), amended by the Office of Management and Finance, Fiscal Services Division, LR 25:426 (March 1999). 

### §221. Effective Date

A. 

### The application fees prescribed herein shall be effective upon publication in the 

### Louisiana Register as adopted.

B. 

### The annual fees prescribed herein shall be 

### effective for the state fiscal year in which these fee regulations are published in the 

### Louisiana Register as adopted and each state fiscal year thereafter. Fees submitted to the department in accordance with previous fee regulations for the state fiscal year in which these fee regulations are published in the 

### Louisiana Register as adopted shall be credited against the fees due and payable underthese fee regulations.

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

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office ofAir Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:612 (September 1988). 

### §223. Fee ScheduleListiug 

# /

/ 

# -., Fee Schedule Llstin11. 

### /

Fe;-......., Anuual 

# r·· AirContaminantSource SICC Maintenance ModifiedPennitFees Number

# ~ Fee nFee Major Minor

0010 Reserved

.......... 

### / 0015 IronOre**Process~**illion Dollars inCapital Cost lOll /.80 264.00 158.00 52.00 *Note20*

0020 BituminousCoal and LignitN(ining 1211 

### / 756.00 3,780.00 2.270.00 756.00 0030 Coal Preparation

............ 121Y I 892.00 9,455.00 5,673.00 1,892.00 0040 CrudeOil and Natural Gas Production"ff.essthan I00 T!YrSource} ..)'3'11 90.00 449.00 269.00 90.00 0041 CrudeOil and Natural Gas Production**(Eq~**Greaterthan

# 7 1311 150.00 756.00 454.00 15!.00 T/Yrand Less than 250T/YrSource) 0042 C!llde Oil and Natu111l 

### Gas Production250T/Yrto 506..:{/YySOurce 1311 467.00 2,335.00 1,400.00**~7.00** 0043 Crude Oil andNatural Gas ProductionGreaterthan SOO;rl"N,Source 1311 1n.00 3.113.00 2335.00 777.00 0050 Natural

### Gas Liauids perUnit 

### /

........... 1321 379.00 1,892.00 1,134.00 379.00 0060 ConstructionSandand Gravel / 

## ' 1442 150.00 756.00 454.00 151.00 0070 Industrial Sand 

### / 

### N46 150.00 756.00 454.00 151.00 0080 SaltMining 

### / 1476 I892.00 9,455.00 5,673.00 1,892.00 0090 SulfurMining 

### / 1477 "1,892.00 9,455.00 5,673.00 1,892.00 0100 Commercial Rice Milling 

### / 2044 "7§6.00 3780.00 2,270.00 756.00 

### OliO Animal Feed PreparatiOIY' 2048 756.{)6.. 3,780.00 2270.00 756.00 0120 CaneSuiW, Except..R:6fining Only 2061 1,892.00

............ 9455.00 5,673.00 1,892.00 0130 CaneSugar**~ng**per I,000 Lb/HrRated Capacity 2062 15.11

### ~~.65 45.38 15.11 MIN. I866.00 0.00 5,603.00 1,866.00 0140 Cottonpo!dOil Mill 2074 379.00 1,89MO I 134.00 379.00 0150 SO'llltCan Oil Mill 2075 265.00 1,324.00 795.00 265.00 0160**~nimal** and Marine Fats andOil (Rendering} 10000orMore Ton!Yr 2r:tl7 906.00 4,538.00 'l)U2.00 906.00 

# oy Animal and Marine Fats andOil (Rendering) Less than 10,000 2077 454.00 2,270.00**1,3~** 454.00 Ton!Yr 

# ' /0180 Shortening,Table Oils,M8f811l'ine,and OtherEdibleFatsand Oils 2079 187.00 946.00 566.00 1&7.00

0190 MaltBeverages 2082 187.00 946.00 566.00 187.08.,


### July2015 

### EnvironmentalRegulatory Code 12

### Title 33, Part III 

### Section 223

## ~--------------------------==========~~======================--============~/ 1'\. Table 1 /

\,. Fee SeheduleListinR /

0200

0210 *Note 9'

0220 'Note9*

0230 *Note 9'

0240 *Note 9*

0250 0260 0270 0280 0290 0300 0310 0320

0330

0340 *Note 1•

0350

0360 0365 AirContaminantSource

\eRoasting per I,000,000 Lb/Yr Rated Capacity**Sawm~dlor** Planing Less than 25,000 Bd Ft/Shift

Sawmill an'll(or Planing More than 25,000 Bd Ft/Shift 

## \. Hardwood Mill'·'\ Special Product**Sa~l** N.E.C. 

## '• Millwork with I0Emolovees or More Hardwood Veneer and PlvWwd Softwood Veneer and Plvwoot1, Wood Preserving , Particleboard/Waferboard Manufac\vre (O.S.B.} Hardboard Manufacture \ Furniture and Fixtures: A} I00 orMore E!nolovees Furniture and Fixtures: B} More than I0 afn:tLess than I00 Emplovees , Pulp Mills per Ton Daily Rated Capacity
PaperMill per Ton Daily Rated Capacity
Paperboard Mills perTon Daily Rated Capacity
PaperCoating PaperBag Manufacture SICC

2095 MrN. MAX. 2421

2421

2426

2429 Annual Maintenance Fee

150.48 359.00 9,495.00

379.00
1,134.00

680.00

680.00

2431 680.00 2435 1,513.00 2436 I,513.00 2491 379.00 2492 1,5I3.00 2499 I ,134]16' 2511 47i:'OO 2511 77.00 New Permit Application Fee Modified

# Perees

Major Minor 756.36**::~** 150.48 I,795.00 I 359.00 47,480.00 28, 8. 0 9,495.00

1,892.00 7,134.00 379.00**5,673.0~** 3,404.00 1,134.00
3,4700 2,042.00 680.00

/404.00 2,042.00 680.00

/ 3,404.00 2,042.00 680.00 / 7,564.00 4,538.00 1,513.00 / 7,564.00 4,538.00 1,513.00 / 1,892.00 1,134.00 379.00 7,564.00 4,538.00 1,513.00 5,673.00 3,404.00 I,134.00 2,394.00 1,436.00 478.00 1,134.00 680.00 227.00

2611 / 5.65 28.35 17.03 MrN. 3,892.00 19,459.00 I 1,675.00 5.65 3,891.00 262I V 5.65 28.35 I7.03 MrN./ 3,892.00 19,459.00 I 1,675.00 26}1 5.65 28.35 I7.03 

### MfN. 3,892.00 19,459.00 II 675.00 l/2641 227.00 1,134.00 680.00 / 2643 288.00 1,436.00 862.00 5.65 3,891.00 5.65 3,891.00

227.00 288.00 0370 Insulation Manufacture 

# v 2649 379.00 1,892.00 1,134.00 379.00

/ '\ 2651 379.00 1,892.00 1,134.00 MIN. 1,866.00 9,340.00 5,603.00 0375 Folding Paper Board Boxes per Packaging Press Line

0380 Corrugated Boxes: Converters (with Boilers} / '2653 566.00 2,835.00 I,703.00 0381 Corrugated Boxes: Sheet Plant / 2M3 239.00 1,197.00 718.00 0390 BuildingBoard and Tile / 2661\ 1,892.00 9,455.00 5,673.00 Commercial Printing: Black and White per Press / 2752 \. 226.00 1,134.00 680.00 MIN. '\. 1,089.00 5,448.00 3,268.00 0400

Commercial Printing: Color per Press / 2752 \,. 378.00 1,890.00 1,135.00 MIN. '\.1,866.00 9,340.00 5,603.00 0410

0420 Caustic/Chlorineper I,000,000 Lb/Yr R7 Cap Posed on Chlorine 'Note2•

0440 0450 0460

0470

0480 0490 0500

0510 Industrial Gases / Inorganic Pigments / Aluminum Sulfate Production

# j-000 Ton!Yr Rated Capacity

Aluminaper t,ooo,ooo LbratedCapacity Catalyst Mfg. and Cat.**~generation**per Line Fluosilicates /**lndustriallnorga~hemicals** Mfg. N.E.C. per 1,000,000 Lb/Yr

Industrial lnorg{inic Acids N.E.C. per I,000,000 Lb/Yr Rated Capacity / 0520 Nitric "'Manufactureper I,000 Ton!Yr Rated Capacity

0530**Ph~oric** Acid Mfg. perTon Daily Rated Capacity

0540**~lphuric** Acid Manufacture perTon Daily Rated Capacity

0.550 / PolyethyleneiPolypropolene Manufacture per 1,000,000 Lb!Yr Rated / Capacity 

# or PVC Manufacture per 1,000,000 Lb/Yr Rated Capacity 

# V 0510 Synthetic Resins Manufacture N.E.C. per 1,000,000 Lb/YrRated Capacity



### 13 2812 MIN. 2813 2816 2819 MIN. 2819 MIN. 2819 2819 2819 MIN. 2819 MIN. 2819 MIN. 2819 MrN. 2819 MIN. 2821 MIN. 2821 MrN. 2821 MIN.**~79** 18.92 I1.34**1.~.00** 9,340.00 5,603.00 751\'XlO 3,780.00 2,270.00 756.01)... 3,780.00 2,270.00

1.87 

### 1\. 9.46 5.65 1,556.00 

### I '\ 7,783.00 4,67o.oo 7.54 ' 37.80 22.68 1,556.00 ' 7,783.00 4,670.00 1,892.00 " 9,455.00 5,673.00 1,134.00**~5.673.00** 3,404.00 1.87**~9.46** 5.65 1089.oo 5 ..llt8.oo 3,268.00

18.92**~5** 56.73 I,866.00 9**340.~** 5,603.00 7.54 37.80 '\. 22.68 1,866.00 9,340.00 '\.5 603.00 I.87 9.46 \,. 5.65 t.S56.oo 7,783.00 4,1!i7o.oo 1.87 9.46 ),.65 1,556.00 7,783.00 4,670.llQ

15.11 75.65 45.38 I 866.00 9,340.00 5,603.00

18.92 94.55 56.73 1,866.00 9,340.00 5,603.00

18.92 94.55 56.73 1,866.00 9,340.00 5,603.00



### EnvironmentalRegulatory Code 379.00 1,866.00

566.00 239.00 1,892.00 226.00 1,089.00

378.00 1,866.00 3.79 1,866.00

756.00 756.00

1.87 1,556.00 7.54 1,556.00 1,892.00 1,134.00 1.87 1,089.00

18.92 1,866.00 7.54 1,866.00 1.87 1,556.00 1.87 1,556.00

IS.I I 1\.t 866.00

'18.92**1.~.00**

# 1,8~~ July20/5

# Appendix A

Public Notice

Withdrawal of LAC 33:111 Chapters 2 and 65

# Potpourri

POTPOURRI Department ofEnvironmental Quality Office ofthe Secretary Legal Division

authority of the Louisiana Quality Act, .S. 30:200I et seq., the secret y gives notice that the Offi of Environmental Servi s, Air Permits Division, will s bmit to the U.S. Enviro ental Protection Agency (EPA) a proposed revisi to the state implementation pia (SIP) for the Regi al Haze Program as required under the C an Air Act, part , section 169, and 40 CFR part 51.308. R ional haze · visibility impairment caused by the cumul ive air llutant emissions from
numerous sources over a ide ge raphic area. ( 1512PotI)

On July 3, 2012, the 

### 'A ade final a partial limited approval and partial disa oval of the original SIP submitted on June 13, 20 This revision answers the requirements for the fou n electrical generating unit (nonEGU) facilities that were ddressed under the best available retrofit techno! gy (BA ) section in the original SIPand thatarethe sub" ct oftheE partial disapproval.

All interested per ons .are invit to submit written comments concemi g the SIP revisio no later than 4:30 p.m., January 27, 016, to Vivian H. ucoin, Office of Environmental S ices, P.O. Box 4313, aton Rouge, LA 70821-4314, x (225) 219-3156, r e-mail at vivian.aucoin Ia.gov. A public hearing wil be held upon request. The deadline for requesting a pub hearing is January 4, 16.

A copy of the proposal may be viewed on e website r at LDEQ headquarters at 602 North Fi Baton ouge, LA 70802.

Herman Robinson, CPM General Counsel



### POTPOURRI Departmentof

### Environmental Quality Office ofthe Secretary Legal Division

State Implementation Plan Revision

Under the authority of the Environmental Quality Act, R.S. 30:2051 et seq., the secretary gives notice that the Office of Environmental Services, Air Permits Division, Manufacturing Section, will submit to the Environmental Protection Agency (EPA) a revision to the state implementation plan (SIP) affecting rule revisions to LAC 33:1li.Chapter 2. (1512Pot2)

Louisiana Register Vol. 41. No. 12 December20. 2015 2764 Louisiana is submitting a complete fee Rule package as a replacement for the currently approved fee permit provisions in the SIP, and is withdrawing all submittals of Chapter 2 and 65 (pre-codification) from 1995 to present that have not already been approved into the SlP. In 1993, the state regulations were recodified and fee provisions were moved from Chapter

### 65 to Chapter 2.

Ifany party wishes to have a public hearing on this matter,
one will be scheduled and the comments gathered at such hearing will be submitted as an addendum to the original submittal. All interested persons are invited to submit written comments concerning revisions no later than 4:30 p.m., January 29, 2016 to Vivian Aucoin, Office ofEnvironmental Services, P.O. Box 4314, Baton Rouge, LA 70821-4314 or faxed to (225) 2 I9-3240 or emailed to vivian.aucoin@la.gov.

A copy of the proposal may be viewed on the LDEQ website or at LDEQ headquarters at 602 North Fifth Street, Baton Rouge, LA 70802.

1512#039 Herman Robinson, CPM General Counsel



### POTPOURRI Office of

### the Governor stal Protection and Restoration Author"

to receive comme and from elected o 20 17 Annual Plan:

Jan. 12

Jan. 13

Jan. 14

The ill receive written com recommendation on the draft annual plan until Feb 2016. Written mments should be mailed (to arrive than February, 7, 2016) to the following address: Coastal rotection & Restoration Authority c/o C ck Perrodin P.O. OX 44027 Ba n Rouge. LA 70804-4027

## UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6



## Vivian Aucoin Office ofEnvironmental Services P.O. Box 4314 Baton Rouge, LA 70821-4314

DearMsAucoin: 1445 ROSS AVENUE, SUITE 1200 DALLAS, TX 75202-2733



# JAN 052016

I am writing in support ofLDEQ'sproposal to replace the fee provisions in the State Implementation Plan (SIP) with the current fee structure found in LAC 33:III.Chapter2. We have reviewed the proposal and believe that this action will update the current fee provisions and allow LDEQ to request approval ofthemost current fee provisions into the SIP.

We appreciate the responsiveness and efforts by LDEQ to address the issues we've raised over the past few months as we worktowards addressing the backlog ofLDEQ SIP submittals while ensuringthat the SIP is up to date and reflects the most current state ofairpermit fee related regulations for yourNSRprogram. Sincerely,

# frr~-~ JeffRobinson, Section Chief Air Permits

Internet Address (URL)- http://www.epa.gov/earth1 r6/ Recycled/Recyclable

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