JoHN BEL EDwARDs 

GOVERNOR 

RECEIVED ·- 6PDL 

AIR PLA.NHlNG S(ji;.ucK CARR BRoWN, PH.D. 

Ron Curry 

~tate of JLout~f!fra 9 PH s= 

24 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

OFFICE OF THE SECRETARY 

Regional Administrator, Region 6 

Environmental Protection Agency (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SIP revision submittals be withdrawn and resubmitted in order to expedite SIP backlog reduction efforts.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 of 25 years. Due to 

gaps in the rule revisions, both Louisiana and EPA want to make certain that the most current rules are 

approved as they represent 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 of Chapters 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 of the 

current Chapter 2 will replace Chapter 65 in the approved SIP. This withdrawal will also include any additional 

submittals of Chapters 2 and 65 that were not referenced in the May 21, 2015, EPA letter. 

Louisiana is hereby withdrawing its submittals of all revisions to Chapters 2 and 65 of LAC 33:III from 1995 

to present that have not previously been approved into the SIP and also submitting, for approval, revisions for 

the repeal of the 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 of the referenced submittals for rule revisions will expedite the review of the new submittal. 

If you have questions or comments about this request, please contact Vivian Aucoin at (225) 219-3482 or via 

email at Vivian.Aucoin@la.gov. 

Sincerely, 

02l(C ItChuck Carr Brown, Ph.D. 

Secretary 

CCB:vha 

Enclosure 

Date: 2(?-:3// ~ --------~-----------------

C: Jeffrey Robinson, Section Chief, Air Permits Section 

Post Office Box 4301 • Baton Rouge, Louisiana 70821-4301 • Phone 225-219-3953 • Fax 225-219-3971 

www.deq.louisiana.gov 
Louisiana State Implementation Plan Revision 

LAC 33:111 Chapter 2 

Rules and Regulations for the Fee System 

Of the Air Quality Control Programs 

Submitted to: 

EPA Region 6 

1445 Ross Avenue, Suite 1200 

Dallas, TX 75202-2733 

Final February 2016 
Chapter 2. 

§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 of the Air Quality Control Programs .................... .. 

Scope and Purpose ...................................................................................................................... 8 

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

Definitions .................................................................................................................................. 9 

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

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

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

Determination of Fee ................................................................................................................ 11 

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

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

Failure to Pay ............................................................................................................................ 12 

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

Fee Schedule Listing ................................................................................................................ 1 

Regulatory Permits . ... .. ............................ .......... ... .. ...... .. ...... . .... ...... .... .. ..... .. ... . .... ... .... .. .... .. . . . 20 

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

uirements and Limitations of Regulatory Permits ........................................ . .................. 20 

Const tion and Operation......................................................................... . .......................... 21 

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

or Release of Natural Gas from Pipelines a ssociated Equipment.. ... 22 

Regulatory Permit for tionary Internal Combustion En · es .............................................. 23 

Regulatory Permit for Porta 

Regulatory Permit for Rock, Concrete, 

Regulatory Permit for Flaring of Mate · s 

Permit Procedures ................................................................................................................. 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 Permitting Requirements ........................................................................ 57 

ean Air Interstate Rule Requirements............................................................................. ... 57 

Part 70 Operating Permits Program ........................................................................................ .. 

Environmental Regulatory 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 Acid Production 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 of su fur dioxide or other sulfur c 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 

of establishing the color an 

groundcoat and paint sealer 

Transfer Efficienc the portion o coating solids which 

is not lost or wasted ring the applicati n process expressed 

as percent of total v lume of coating sol s delivered by the 

application. 

Upwind Leve the concentration of ai 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 Protection Agency 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 Environmental Regulatory 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 

AUTHORITY NOTE: 

30:2054. 

roll of 

press, and rewound or 

HISTORICAL NOTE: ulgate by the Department of 

Environmental Quality, Offi e of Air 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 of the 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). 

Chapter 2. Rules and Regulations for 

the Fee System of the Air Quality 

Control Programs 

§201. Scope and Purpose 

A. It is the purpose of these regulations to establish a fee 

system for funding the monitoring, investigation and other 

activities required to be conducted for the maintenance of a 

safe and healthful environment by the Department of 

Environmental Quality in accordance with the Louisiana 

Environmental Quality Act (R.S. 30:200 I 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. 

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 

14:610 (September 1988), LR 19:1373 (October 1993). 

§203. Authority 

A. These regulations provide fees as required by R.S. 

30:2014. 

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 

14:610 (September 1988). 
Title 33, Part III Section 211 

§205. Definitions 

A. All terms used in these rules, unless the context 

otherwise requires or unless specifically defined in the 

Louisiana Environmental Quality Act, or in other regulations 

promulgated by the secretary of the Department of 

Environmental Quality or his predecessor, shall have their 

usual meaning. 

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 

14:610 (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 of the 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. 

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 

14:610 (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 year from 

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. 

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 

14:611 (September 1988), amended by the Office of Management 

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. Formula to Apportion Fees 

Air Toxics Permits Application 

Fee for major sources of toxic 

pollutants (based on type of 

facility and on rated production 

capacity/throughput) 

Surcharge of 10"/o of the permit 

application fee to be charged 

when there is an increase in 

toxic air pollutant emissions 

above the minimum emission 

rates (MER) listed in LAC 

33:III.5112, Table 51.1 

9 

Air Toxics Annual Emissions 

Fee for major sources of toxic Variable air pollutants (based on air toxic 

pollutants emitted)1 

Annual Maintenance Fee (based on type of facility and on rated Variable 

production caoacitvlthrouRhput) 

New Application Fee (based on type of facility and on rated Variable 

production capacity/throughput) 

Major and Minor Modification 

Modified Permit Fee (based on Variable type of facility and on rated 

production caoacitvlthroue:houtl 

PSD Application Fee (based on Surcharge of 50% of the 

type offacility and on rated application fee when a PSD 

production capacity/throughput) permit application is being 

processed 

"NESHAP" Maintenance Fee Surcharge of 25% of the Annual 

(based on type of facility and on Maintenance Fee for that 

rated production particular process/plant to be 

capacity/throughput) added to the Annual 

'i Maintenance Fee 

"NSPS" Maintenance Fee (based Surcharge of25% of the permit on type of facility and on rated application fee to be charged for 

production capacity/throughput) any permit application that 

includes the addition of new equipment subject to NSPS re~~:ulation 

Fees shall be assessed on major sources as defined in LAC 

33:Ill.5103. Sources that have reduced emissions below major source thresholds are not required to submit annual 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 

which the 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 of the 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 

Environmental Regulatory Code July 2015 
Section 211 Title 33, Part III 

maintenance fee must be paid within 30 days after 

notification by the agency of the amount due. Only one such 

fee shall be charged annually. 

5. If a 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. If a process is not listed in the Fee Schedule and is 

not a source type exempted from fees by this regulation, then 

the department shall assign a fee based on the most similar 

processes in the Fee Schedule and negotiated separately. If a 

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 with each. 

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 such revised schedule to the secretary for approval. 

8. When a company withdraws its application and 

claims refund for the permit fee, no refund shall be made if 

the review of the application is essentially completed at the 

time of withdrawal. 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. 

If a facility operates any part of a 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 make the 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. Failure to 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 of Environmental Services by 

official change in the Emission Inventory Questionnaire 

(EIQ) and permit, then the maintenance fee would be 

dropped for that shutdown portion of the process/plant. This 

fee reduction or cancellation shall apply only in the fiscal 

years in which the shutdown portion of the plant or process 

did not operate at all. The EIQ and permit shall also need to 

be changed to delete the emissions from the shutdown 

portion of the plant or process before the start of the 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). The major modification fee is three times the AMF, 

and the new application fee is five times the AMF. Minimum 

and maximum permit fees shall apply to all categories that 

have minimum and maximum AMF according to the 

following table. If the ratio was not used to establish the 

JulyZ0/5 Environmental Regulatory Code 10 

major modification and the new application fees for a 

category, then the actual ratio of major modification and new 

application fee to AMF shall be used. 

Permit Feu Mluimum Maximum 

Minor Modification min.AMF max. AMF 

Maior Modification 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 on the existing capacity when the 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. 

The major modification fee applies when: 

1. the modification will trigger PSD review; 

ii. the modification would have triggered PSD 

review without the use of contemporaneous emission 

reductions or banked emissions; 

111. the modification will increase emissions by 

25 tons/year or more of nonattainment pollutant; 

iv. the modification will change emissions over 

100 tons/year of a 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 based 
Title 33, Part III Section 217 

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 of the fee would be equal to or greater 

than the minimum minor modification 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 

I 0 tons/year of an individual toxic air pollutant, by less than 

25 tons/year of total toxic air pollutants, and by less than 

I 00 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 percent of the minor modification fee; 

ii. if the minor modification fee is $200 to $800, 

then the minimum minor modification fee is $200; and 

111. if the minor modification fee is less than $200, 

then the minimum minor modification fee is the same as the 

minor modification 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 of any criteria pollutant, and less 

than 10 tons per year of any 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 permit fee shall be the lesser of these 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: 

of per · Issued provided no modifications are 

e facility. 

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 

II 

14:611 (September 1988), amended by the Office of Air 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 of Management 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 of the 

Secretary, Legal Affairs Division, LR 31 :2435 (October 2005), LR 

33:2082 (October 2007), LR 33:2620 (December 2007), LR 

37:1145 (April2011). 

§213. Determination of Fee 

A. These regulations apply to all registrants, specific 

licenses, permittees and other persons subject to charges 

concerned with one or more of the various programs of the 

Department of Environmental Quality. 

AUTHORITYNOTE: 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 

14:612 (September 1988). 

§215. Methods of Payment 

A. All payments made by check, draft, or money order 

shall be made payable to the Department of Environmental 

Quality, and mailed to the department at the address 

provided on the invoice. 

B. Electronic Methods of Payment 

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 of Management and Finance for further instructions. 

C. Cash is not an acceptable form of payment. 

AUTHORITYNOTE: Promulgated in accordance with R.S. 

30:2054. and R.S. 49:316.1 (A)(2)(a) and (c) 

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 

14:612 (September 1988), amended by the Office of Air Quality 

and Radiation Protection, Air Quality Division, LR 18:706 (July 

1992), amended by the Office of Management 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 Payment Fee 

A. Payments not received within 15 days of the 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 payment fee on the original assessed fee. 

Environmental Regulatory Code July 2015 
. 

Section 217 Title 33, Part III 

' 

2. Payments not received by the department by the 

thirtieth day from the due date will be assessed an additional 

5 percent late payment fee 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 

5 percent late payment fee on the original assessed fee. 

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 

14:612 (September 1988), amended by the Office of Air 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. Failure to 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 of these regulations and shall subject 

the person to applicable enforcement actions under the 

Louisiana Environmental Quality Act including, but not 

limited to, revocation or suspension of the applicable permit, 

license, registration, or variance. 

AUTHORITY NOTE· Promulgated in accordance with R .. S 

30:2054 . 

Table I 

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 

14:612 (September 1988), amended by the Office of Air 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 under these fee regulations. 

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 

14:612 (September 1988). 

§223. Fee Schedule Listiug / 

/ 

-., Fee Schedule Llstin11. / 

Fe;-......., Anuual r·· Air Contaminant Source SICC Maintenance Modified Pennit Fees Number 

~ Fee nFee 

Major Minor 

0010 Reserved .......... / 

0015 Iron Ore Process~ ill ion Dollars in Capital Cost lOll /.80 264.00 158.00 52.00 

*Note20* 

0020 Bituminous Coal 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 Crude Oil and Natural Gas Production"ff.ess than I 00 T!Yr Source} ..)'3'11 90.00 449.00 269.00 90.00 

0041 Crude Oil and Natural Gas Production (Eq~ Greater than 7 1311 150.00 756.00 454.00 15!.00 

T/Yr and Less than 250 T/Yr Source) 

0042 C!llde Oil and Natu111l Gas Production 250 T/Yr to 506..:{/YySOurce 1311 467.00 2,335.00 1,400.00 ~7.00 

0043 Crude Oil and Natural Gas Production Greater than SOO;rl"N,Source 1311 1n.00 3.113.00 2 335.00 777.00 

0050 Natural Gas Liauids per Unit / ........... 1321 379.00 1,892.00 1,134.00 379.00 

0060 Construction Sand and Gravel / ' 1442 150.00 756.00 454.00 151.00 

0070 Industrial Sand / N46 150.00 756.00 454.00 151.00 

0080 Salt Mining / 1476 I 892.00 9,455.00 5,673.00 1,892.00 

0090 Sulfur Mining / 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 2 270.00 756.00 

0120 Cane SuiW, Except..R:6fining Only 2061 1,892.00 ............ 9455.00 5,673.00 1,892.00 

0130 Cane Sugar ~ng per I ,000 Lb/Hr Rated Capacity 2062 15.11 ~~.65 45.38 15.11 

MIN. I 866.00 0.00 5,603.00 1,866.00 

0140 Cottonpo!d Oil 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 and Oil (Rendering} 10 000 or More Ton!Yr 2r:tl7 906.00 4,538.00 'l)U2.00 906.00 

oy Animal and Marine Fats and Oil (Rendering) Less than 10,000 2077 454.00 2,270.00 1,3~ 454.00 

Ton!Yr 

/0180 Shortening, Table Oils, M8f811l'ine, and Other Edible Fats and Oils 2079 187.00 946.00 566.00 ' 1&7.00 

0190 Malt Beverages 2082 187.00 946.00 566.00 187.08., 

July2015 Environmental Regulatory Code 12 
Title 33, Part III Section 223 

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

\,. Fee Sehedule ListinR / 

0200 

0210 

*Note 9' 

0220 

'Note 9* 

0230 

*Note 9' 

0240 

*Note 9* 

0250 

0260 

0270 

0280 

0290 

0300 

0310 

0320 

0330 

0340 

*Note 1• 

0350 

0360 

0365 

Air Contaminant Source 

\e Roasting per I ,000,000 Lb/Y r 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 I 0 Emolovees 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} I 00 or More E!nolovees 

Furniture and Fixtures: B} More than I 0 afn:t Less than I 00 

Emplovees , 

Pulp Mills per Ton Daily Rated Capacity 

Paper Mill per Ton Daily Rated Capacity 

Paperboard Mills per Ton Daily Rated Capacity 

Paper Coating 

Paper Bag 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 1,5 I 3.00 

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 

4 7,480.00 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 

262 I V 5.65 28.35 I 7.03 

MrN./ 3,892.00 19,459.00 I 1,675.00 

26}1 5.65 28.35 I 7.03 

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 Building Board 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/Chlorine per I ,000,000 Lb/Yr R7 Cap Posed on Chlorine 

'Note 2• 

0440 

0450 

0460 

0470 

0480 

0490 

0500 

0510 

Industrial Gases / 

Inorganic Pigments / 

Aluminum Sulfate Production j-0 00 Ton!Yr Rated Capacity 

Alumina per t,ooo,ooo Lbrated Capacity 

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 "'Manufacture per I ,000 Ton!Yr Rated Capacity 

0530 Ph~oric Acid Mfg. per Ton Daily Rated Capacity 

0540 ~lphuric Acid Manufacture per Ton 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 

V0510 Synthetic Resins Manufacture N.E.C. per 1,000,000 Lb/Yr Rated 

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 I 1.34 

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 

1 089.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 

Environmental Regulatory 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 of Environmental Quality 

Office of the Secretary 

Legal Division 

authority of the Louisiana 

Quality Act, .S. 30:200 I 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. ( 1512Pot I) 

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 

SIP and that are the sub" ct of theE 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 

Department of Environmental Quality 

Office of the 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 December 20. 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 Sl P. In 1993, the state 

regulations were recodified and fee provisions were moved 

from Chapter 65 to Chapter 2. 

If any 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 of Environmental 

Services, P.O. Box 4314, Baton Rouge, LA 70821-4314 or 

faxed to (225) 2 I 9-3240 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 of Environmental Services 

P.O. Box 4314 

Baton Rouge, LA 70821-4314 

Dear Ms Aucoin: 

1445 ROSS AVENUE, SUITE 1200 

DALLAS, TX 75202-2733 

JAN 0 5 2016 

I am writing in support ofLDEQ's proposal to replace the fee provisions in the State 

Implementation Plan (SIP) with the current fee structure found in LAC 33:III.Chapter 2. We 

have reviewed the proposal and believe that this action will update the current fee provisions and 

allow LDEQ to request approval ofthe most 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 work towards addressing the backlog of LDEQ SIP submittals while 

ensuring that the SIP is up to date and reflects the most current state of air permit fee related 

regulations for your NSR program. 

Sincerely, 

frr~-~ Jeff Robinson, 

Section Chief 

Air Permits 

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

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