# State ofLouisiana Department ofEnvironmental Quality

KATHLEEN BABINEAUX BLANCO GOVERNOR



## June 15,2005
MayorRichardE. Greene Administrator (6RA) US EPA Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 RE: StateImplementationPlan (SIP) Revision BatonRouge Severe AreaRule Update DearMayorGreene: MIKE D. McDANIEL, Ph.D. SECRETARY

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## The State ofLouisiana has approved and is submitting the Baton Rouge Severe Area Rule Update SIP revisionfor BatonRouge as requiredby Section 182(d) ofthe CleanAirAct. Please contact the Environmental Planning staffthrough Teri F. Lanoue at (225) 219-3550 if you have questions. Bestwishes and warmpersonalregards.

Mike D. McDaniel, Ph.D Secretary

c: Mr. Thomas H. 

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Office ofthe Secretary P. O. Box 4301 Baton Rouge. LA 70821-4301 Telephone: (225) 219-3950 Fax: (225) 219-3970 An Equal Opportunity Employer I'v C::J



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## REVISION TO THE STATE**I~fPLENrENTATION** 

## PLAN (SIP) FORTHE CON'TROL OF OZONE AIR POLLUTION



## Baton Rouge Severe Area Rule Update

## Purpose: BatonRouge SevereAreaNonattainmentRules Updateto the Louisiana StateImplementationPlan (SIP)

Inresponse to the reclassification ofthe Baton Rouge areafrom "serious"
to "severe" by the Environmental Protection Agency (EPA) effective June 23, 2003, (68 FR20077) the LouisianaDepartmentofEnvironmental Quality (LDEQ) promulgated revisions to the airquality regulations inthe LouisianaAdministrative Code (LAC). This SIP submittal includes revisions ofChapter 5, PermitProcedures; Chapter21, Control of Emission ofOrganic Compounds; and Chapter22, Control ofEmissions ofNitrogen Oxides (NOx). LDEQ is incorporatingthese rule revisions into the SIP to fulfill the requirements ofthe "severe" classificationmandatedby the CleanAirActAmendments (CAAA) of1990.



## Authority: Revisions to oradoptions ofthe Air Qualityrules andregulations are made in accordance with LouisianaRS 30:2019. This SIP revision is submitted in accordance with40 CFRPart 51 Appendix V andpolicy establishedby Region 6.



## Chapter5 - PermitProcedures (AppendixA): Section 182(d) ofthe CAAArequired the BatonRouge areato lowerthe major stationary source threshold for VOC andNOx emissions from 50 tons per year (tpy) to 25 tpy. As aresult, additional sources have become subjectto the Title V operatingpermits program. The affected sources are those with apotential to emit at least25 tpy ofeitherVOC orNOx, orboth VOC andNOx, as well as any new major stationary source. All facilities thatwere impactedbythis requirement had an application deadline ofJune 23, 2004, according to LAC

Baton Rouge Severe Nonattainrnent AreaRule Update June 2005 

### 1

### 33:lII.507.C.3. This rule revision also includes aclarification ofthe internal offsetratio thatfacilities mustmeet dependentuponthe date thatapermit application is deemed administratively complete.



## Chapter 21

- Control ofEmission of Organic Compounds (Appendix B): LDEQ revised LAC 33:III Chapter 21 to establish requirements in the 5-parish Baton Rouge

area for smallerVOC sources - equal to or greaterthantwenty-five tons per year and less than fifty tons per year. LDEQ estimates that 16 facilities will be affected by the proposedrevision. The following sections ofChapter21 have been revised: 2104

- Crude Oil and Condensate 2108

- MarineRecovery 2115

- Waste Gas Disposal 2123

- Organic Solvents 2125

- VaporDegreasers 2143

- Graphic Arts 2147

- LimitingVOC Emissions from SOCMI Reactor Processes and Distillation Operations 2149

- Limiting VOC Emissions from BatchProcessing 2151

- Limiting VOC Emissions from Cleanup SolventProcessing 2153

- Limiting VOC Emissions from Industrial Wastewater


## Chapter22

- Control ofEmissions ofNitrogen Oxide (Appendix C): LDEQ revised LAC 33:III Chapter22 to establishrequirements inthe 5-parishBatonRouge areafor smallerNOx sources - equalto orgreaterthantwenty-fivetons peryearandless than fifty tons peryear. All otherprovisions ofChapter 22 remainthe same.

Baton Rouge Severe NonattainmentAreaRule Update June 2005 

### 2

### Therule establishes the following emissionlimits for small sources:

• Electric Power Generating System Boilers Coal-fired 0.50 Ib/MNIBtu Number 6Fuel Oil-fired 0.30 Ib/MMBtu All others (gaseous orliquid) 0.20 Ib/MMBtu Industrial Boilers 0.20 Ib/MMBtu

• Process Heaters/Furnaces AmmoniaReformers 0.30 Ib/MMBtu All Others 0.18 Ib/MMBtu

• Stationary Gas Turbines Peaking Service, Fuel Oil-fired 0.37 Ib/MMBtu Peaking Service, Gas-fired 27 Ib/MMBtu All Others 0.24 Ib/MMBtu

• StationaryInternal CombustionEngines Lean-burn 10 g/Hp-hour Rich-burn 2 g/Hp-hour

BatonRouge SevereNonattainmentAreaRule Update June 2005 

### 3

# Appendix A: Chapter5: PermitProcedures §504. NonattainmentNew Source Review ProceduresRULE 4#025 James H. Brent, Ph.D. Assistant Secretary 002), LR 29:700 (May 2003), LR 29:1467 (August 2003 mulgated LR 30:232 (February 2004), amended LR 30' 2 (Apri 04). Part XV. Radiation Protection Chapter 15. Transportation ofRadioactiv. Material §1517. Incorpor ion by Reference

A. The departmen incorporates b reference 10 CFR Part 71, Appendix A, Janu 1,20

AUTHORITY NOTE: Prom ed in accordance with R.S. 30:2104 and 2113.

HISTORICALNOTE: P ulgated the Department of EnVIronmental Quality, ffice of Enviro ental Assessment, Environmental Plan g Division, LR 26: I (June 2000), amended LR 27:2 3 (December 2001), LR 28:99 fay 2002), LR29:701 (M 2003), LR 30:752 (April 2004).

Under the authority of the Environmental Quality Act, R.S. 30:200I et seq., and in accordance with the provisions ofthe Administrative Procedure Act, R.S. 49:950 et seq., the secretary has amended the Airregulations, LAC 33:III.504 (Log#AQ235).

The purpose ofthe Rule change is to clarify the internal offset ratio that facilities must meet in serious and severe ozone nonattainment areas. The Baton Rouge Nonattainment Area has been reclassified from serious to severe as a result offailure to reach ozone attainment levels as mandated by the Clean Air Act. This action has been mandated by the US EPA. The basis and rationale for this Rule are to comply with the provisions ofthe CleanAirAct Amendments.

This Rule meets an exception listed in R.S. 30:2019(D)(2) and R.S. 49:953(G)(3); therefore, no report regarding environmentallhealth benefits and social/economic costs is required. This proposed Rule has no known impact on family formation, stability, and autonomy as described in R.S. 49:972. Department ofEnvironmental Quality

Office ofEnvironmental Assessment

Environmental Planning Division Nonattainment New Source Review Procedures (LAC 33:III.504)(AQ235)

Title 33 ENVIRONMENTAL QUALITY Part III. Air Chapter 5. Permit Procedures §504. Nonattainment New Source Review Procedures

A. -A.5.

6. For applications deemed administratively complete in accordance with LAC 33:Ill.519.A on or after December 20, 2001 and prior to June 23, 2003, the provisions ofthis Section governing serious ozone nonattainment areas shall apply to VOC and NOx increases. For applications deemed administratively complete m accordance with LAC 33:III.519.A on or after June 23, 2003, the provisions ofthis Section governing severe ozone nonattainment areas shall apply to VOC and NOxincreases.

B - D.2. ppendix L. Mercury-Bearing Wastes That May Be Processed in Exempt Mercury Recovery Units

. 40 CFR 266, Appendix XlII, July I, 2003, is her y rporated by reference, except that in regulafons

orated thereby, 40 CFR 261, Appendix VIII hall mea LAC 33:V.3105.Table l.

AU HORlTYNOTE: Promulgated in accordance wit 30:218 et seq.

HIST RICALNOTE: Promulgated by the Depa ent of Environ ntal Quality, Office of Solid and Hazardo s Waste, Hazardous Waste Division, LR22:827 (September 199 ,amended by the 0 fice of Environmental Assessment, E ironmental Planning 'vlsion, LR 27:300 (March 2001), R 27:2231 (December 2 01), LR 28:996 (May 2002), LR 29:70 (May 2003), LR 30:751 (A riI2004). Part IX. Water Quality Subpart

. The Louisiana Pollutant Elimi atioD System (LPDES) Pr; gram Chapter 23. efinitions and General DES Program R quirements §2301. General onditions

A - 

### E.

... F. All reference to the 

### Code oJi Federal Regulations (CFR) contained in this Chapter shall refer to those regulations published in the July I, 2003 CFR, unless otherwise noted.

AUTHORITY NOTE: romulgate in accordance with R.S. 30:2001 etseq., andin partie lar2074 B)(3) and (4).

HISTORICALNOTE: Pr mulgaed by the Department of Environmental Quality, Offic of ater Resources, LR 2I:945 (September 1995), amended R 23: 199 (February 1997), LR 23:722 (June 1997), amended the Office of Environmental Assessment, Environmental P nning Division, LR 25: 1467 (August 1999), LR26: 1609 (Au u t2000), LR27:2231 (December 2001), LR 28:996 (May 2002), R 9:700 (May 2003), LR 30:752 (April 2004). Chapter49. Incorpor tion b Reference §4901. 40 CFR Part 1 6

A. 40 CFR Part 36, Guide ines Establishing Test Procedures for the An ysis ofPoUut nts, July 1, 2003, in its entirety, and amendm ts to Part 136 68 FR43271-43283, July 21, 2003, and FR 54934, Sep ember 19, 2003, are hereby incorporated y reference.

AUTHORITY NO E: Promulgated in a: cordance with R.S. 30:2001 etseq., andnparticular 2074(B)(3) a d (4).

HISTORICALN TE: Promulgated by t e Department of Environmental Q ality, Office of Water Res urces, LR 21 :945 (September 1995 , amended LR 23:958 (Augus 1997), amended by the Office of Environmental Assessment Environmental Planning Divi on, LR 25:1467 (August 1999 LR 26:1609 (August 2000 , LR 27:2231 (December 200I), L 28:996 (May 2002), LR 9:700 (May 2003), repromulgated LR 30:232 (February 2 4), amendedLR 30:752 (April 2004). §4903. 4 CFR Chapter I, Subchapter N

A. 40 CFR Chapter I, Subchapter N, Effluent uidelines and Sta dards, Parts 401 and 405-471, July 1, 2 03, are hereby ncorporated by reference.

AU ORITY NOTE: Promulgated in accordance wi 30:20 I etseq., and in particular Section2074(B)(3) and (4).

HI TORICALNOTE: Promulgated by the Departme t of Env' onmental Quality, Office of Water Resources, LR 21 945 (S tember 1995), amended LR 23:958 (August 1997), amen ed b the Office of Environmental Assessment, Environmen al Panning Division, LR 25: 1467 (August 1999), LR 26: 16 ugust 2000), LR 27:2232 (December 200I), LR 28:996 (Ma

Louisiana Register Vol. 30, No. 4 April20, 2004 752financial assistance; to provide for technical and manageri a istance; to provide for a business mentor-prote Ie pr ram; to recognize achievements for small and emerg' g bus esses; and to facilitate access to state age cy proc rement.

AU HORITY NOTE: Promulgated in accordance with R.S. 51:942.

HIST RICALNOTE: Promulgated by the Depa ent of Economi Development, Office of the Secretary, Di sion of Economic lly Disadvantaged Business Development, 23:49 (January 997), amended by the Department of conomic Developme t, Office ofBusiness Development, LR 29 542 (April 2003), LR 3 '753 (April 2004). 

### §103. Pu



### A. The pose and intent of this Chapter 's to provide the maximum pportunity for small and emerg'ng businesses to become c mpetitive in a non-prefer ntial modem economy. This rpose shall be accomplishe by providing a program ofassist nce andpromotion.

AUTHORITYN TE: Promulgated in ac rdance with R.S. 51 :942.

HISTORICALNO E: Promulgated Economic Developm t, Office of the ecretary, Division of Economically Disadva taged Business D velopment, LR 23:50 (January 1997), amen ed by the De artment of Economic Development, Office of usiness Devel ment, LR 29:542 (April 2003), LR 30:753 (April 2 04). 

### §10S. Definitions

A. When used in thes regula ons, the following terms shall have meanings asset orthbow. Assistant Secretary" t e ssistant secretary of the Department ofEconomic D we pment. Certification" the dete

. ation that abusiness qualifies for designation as a small an merging business. Designee" the person d si nated by the director to act in his absence. Director" the directo of he Small and Emerging Business Development P gram signated by the secretary ofthe Department ofEc omic De elopment. Firm" a business t at has bee certified as small and emerging. Full-Time" worki g in the firm t least 35 hours per week. Program" the Business Development Pro the Economic Development. RFP" reque for proposal. Secretary" esecretaryofthe Depart Development. Small an Emerging Business (SEB)" a small business organized fo profit and performing a comm rcially useful function wh ch is at least 60 percent owned a d controlled by one or ore small and emerging business ersons and which ha its principal place of business in L uisiana. A nonprofit organization is not a smallandemergi business for purp ses ofthis Chapter. S IIandEmerging Business Person" a citize or legal reside t ofthe United States who has resided in L uisiana for at east one year and whose ability to compete in t e free ente rise system has been impaired due to dimi ished cap tal and credit opportunities as compared to others i the sa e or similar line cf business, and whose dimini ed o portunities have precluded, or are likely to preclude, s ch

dividual from successfully competing in the open marke 753 Louisiana Register Vol. 30, NO.4 April20, 2004 erging Business Development Pr gram LAC 19:II.Chapters 1-13) epartment ofEconomic Development

Office ofBusiness Development 3. Notwithstanding Paragraph 0.2 of this Section, in the case of any major stationary source located in an area classified as serious or severe, ifthe owner or operatorofthe source elects to offset the emissions increase by a reduction in emissions of VOC or NO.., as specified in Paragraph F.I of this Section, from other operations, units, or activities within the source at an internal offset ratio ofat least 1.40 to I (ifreviewed under requirements for serious areas) or 1.50 to 1 (ifreviewed under requirements for severe areas), then the requirements for LAER shall not apply.

0.4.

-Table I."PM lO". AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 19: 176 (February 1993), repromulgated LR 19:486 (April 1993), amended LR 19: 1420 (November 1993), LR 21:1332 (December 1995), LR 23:197 (February 1997), amended by the Office of Environmental Assessment, EnVironmental Planning Division, LR 26:2445 (November 2000), LR 27:2225 (December 2001), LR 30:752 (April 2004).

RULE 0404#0 5 James H. Brent, Ph.D. Assistant Secretary

Title 19 CORP RATIONS AND BUS ESS Part I . Small and Emerging Bu ness Development Program General Provisions St ement ofPolicy cordance with the provisions ofR.S. ovisions ofthe Administrative Procedure ct, R.S. 49:95 70 as amended, the Department of Ec nomic Deve opment's Small and Emerging Business Develo ent Pro am administers these regulations which are intend to pr scribe the procedures for qualifying and certifying s 

### II

d emerging businesses; to provide for bonding and oth The Department of Economic Developm nt, Office of Business Developme t, as authorized by an pursuant to the provisions ofthe Adm! istrative Procedure \<\ct, R.S. 49:950, has adopted the follow! g amendments the Rules of the Small and Emerging B iness Devel pment Program, in order to amend LAC 19:II. hapters 1 3,5,7,9, 11, and 13. The Department of Econo ic De elopment has found a need to open the program t "Ie al residents," as well as "citizens;" to provide additio a definitions; to allow the director's "designee" to act in t absence ofthe director; to achieve flexibility regardin t e Louisiana Contractors Accreditation Institute (LC I) bo ding program when no state funding is available for such raining; to permit the limitation ofthe number fbond guar ntees outstanding at a given time; and to co ectly reflect th name of the office adopting the Rules.

### NOTICE OF INTENT

NonattainmentNew Source Review Procedures (LAC 33:II1.504)(AQ235) secretary gives notice that rulemaking procedures have been initiated to amend the Air regulations, LAC 33:III.504 (Log #AQ235).

The purpose ofthe Rule change is to clarify the internal offset ratio that facilities must meet in serious and severe ozone nonattainment areas. The Baton Rouge Nonattainment Area is being reclassified from serious to severe as a result of failure to reach ozone attainment levels as mandated by the Clean AirAct. This action is being mandated by the US EPA. The basis and rationale for this Rule are to comply with the provisions ofthe CleanAirActAmendments.

This proposed Rule meets an exception listed in R.S. 30:20l9(D)(2) and R.S. 49:953(G)(3); therefore, no report regarding environmentallhealthbenefits and social/economic costs is required. This proposed Rule has no known impact on family formation, stability, and autonomy as described in R.S. 49:972.Title 33 

### ENVIRONMENTAL QUALITY Part III. Air Chapter5. PermitProcedures §504. Nonattainment New Source Review Procedures

A.
-A.5.

6. For applications deemed administratively complete in accordance with LAC 33:IlI.519.A on or after December 20, 2001 and prior to June 23, 2003, the provisions ofthis Section governing serious ozone nonattainment areas shall apply to VOC and NO, increases. For applications deemed administratively complete in accordance with LAC 33:II1.519.Aon or after June 23, 2003, the provisions ofthis Section governing severe ozone nonattainment areas shall apply to VOC andNO, increases.



### B -D.2.

3. Notwithstanding Paragraph D.2 of this Section, in the case of any major stationary source located in an area classified as serious or severe, ifthe owner or operatorofthe source elects to offset the emissions increase by a reduction in emissions ofVOC or NO" as specified in Paragraph F.I of this Section, from other operations, units, or activities within the source at an internal offset ratio ofat least lAO to I (ifreviewed under requirements for serious areas) or 1.50 to I (ifreviewed under requirements for severe areas), then the requirements for LAER shall not apply.

D.4.

-Table 1."PM10'" AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 19: 176 (February 1993), repromulgated LR 19:486 (April 1993), amended LR 19: 1420 (November 1993), LR 21:1332 (December 1995), LR 23:197 (February 1997), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2445 (November2000), LR27:2225 (December2001), LR29:

A public hearing will be held on September 24, 2003, at 1:30 p.m. in the Galvez Building, Room ClIl, 602 N. Fifth Street, Baton Rouge, LA 70802. The hearing will also be for the revision to the State Implementation Plan (SIP) to incorporate this proposed Rule. Interested persons are invited to attend and submit oral comments on the proposed amendments. Should individuals with a disability need an accommodation in order to participate, contact Lynn Wilbanks at the address given below or at (225) 219-3550. Free parking is available across the street in the Galvez 

### CT STATEMENT

RULES

, Toxies Emissions ethodology

RobertE. Hosse General Government SectionDirector LegislativeFiscal Office


### Department ofEnvironmental Quality

Office ofEnvironmentalAssessment

Environmental Planning Division parking arage when the parking ticket is departmen personnel at the hearing.

All inte sted persons are invited to submit comments 0 the proposed regulation. Persons co should ref ere ce this proposed regulation by AQ2

. Such comments mu be received no laterthan October 1 2003, at 4:30 p.m., and hould be sent to Lynn Wilbanks Office of Environmental Assessment, Regulation D velopment Section, Box 431 ,Baton Rouge, LA 70821-4 14 or to fax (225) 219-3582 0 by e-mail to lynnw@ldeq. rg. Copies of this proposed Regu tion can be purchasedb contacting the DEQ Public Recor Center at (225) 219 168. Check or money order is requir d in advance for eac copy ofAQ220.

This proposed Regu tion is available fi r inspection at the following DEQ office 1 cations from 8 .m. until 4:30 p.m.: 602 North Fifth Street Baton Rou , LA 70802; 1823 Highway 546, West moe, LA 1292; State Office Building, 1525 Fairfield venue, eveport, LA 71101; 1301 Gadwall Street, Lake CharIe LA 70615; 201 Evans Road, Building 4, Suite 42 New Orleans, LA 70123; 

### III New CenterDrive, Lafayette, A 0508; 104 Lococo Drive, Raceland, LA 70394 0 on the Internet at http://www.deq.state.la.us/plan·ng/regs/index.htm.

James H. Brent, Ph.D. AssistantSecretary 0308#066 I. ESTIMATED TO STATEORLOC There will e no costs or savings 0 state or local govemmentalt its as aresultofthisRule. II. ESTIMATED crONREVENUECOLLE ORLOCAL VERNMENTALUNITS(S.nrrm",n.\) No effi cts on revenue collections of or local govemme al units are anticipated. III. ESTIMA COSTS AND/OR ECONOMIC B TO DIRE Y AFFECTED PERSONS OR NONGO AL GRO (SummaI)') N costs to directly affected persons or non-go grou s are expected. IV. ES TED EFFEcrONCOMPEITTIONAND**EMPLO~Al~l'T"** (S ) No effecton competition oremploymentis anticipate

.

Under the authority of the Environmental Quality Act, R.S. 30:2001 et seq., and in accordance with the provisions oftheAdministrative ProcedureAct, R.S. 49:950 et seq., the 1685 Louisiana Register Vol. 29, No. 08 August20, 2003

### NOTICE OF INTENT

Waste TireRegulations (LAC 33:VII.l0505, 10519. 10525. 10527, and 10533)(SW034) Department ofEnvironmental Quality

Office ofEnvironmentalAssessment

Environmental Planning Division



## * * * 'djustment Tire 

### a tire that becomes unusa reas n within the manufacturer's control and is turned to the ealerunderatire warrantyby the tire manufac a ustments are initiatedby the consumer. 

## * * * Under the uthority of the Environmenta Quality Act, R.S. 30:200I e seq., and in accordance wit the provisions oftheAdminist tive ProcedureAct. R.S. 4 .950 et seq., the secretary gives n tice thatrulemaking proc dures have been initiated to arne d the Solid Waste egulations, LAC 33:VII.l0505, 10 19, 10525, 10527, and 10533 (Log #SW034).

The Rule clarifi and adds defi tions and reporting requirements for c llection cente , adds recall and adjustment tires to th fee system, hanges the number of unmanifested tires tha can be dL pped off at collection centers from 20 to 5 per day er customer, and adds requirements for genera rs othe than new tire dealers to maintain purchase recei ts, in entory records, and sales invoices for three years. W te tires are coming from out-of-state into the waste tI 

### e rogram. There is currentlyno fee collected on these ti s, but tbey are processed, marketed, and paid for thr gh the Louisiana Waste Tire Program. The basis and rat' n Ie for this Rule are to protect the Waste Tire Managem t md from being depleted by paying for ineligible out- f-state tires.

This proposed Rule eets a exception listed in R.S. 30:2019(D)(2) and R

.. 49:953( )(3); therefore, no report regarding environrnen lIhealthbe fits and sociaVeconomic costs is. required. Th' proposed Rl e bas no known impact on family formatio stability, and**a~** 

### tonomy as described in R.S.49:972. Title 33 IRONMENTAL Q 

### LITY PartVII. SolidWas e Subpart2. Recyclin Chapter 105. WasteTires §10S0S. D mitions

A. The ollowing words, terms, and p in conjunc Ion with the Solid Waste Rules d Regulations, shall hav the meanings ascribed to them i except here the context clearly indicate meanin

. RobertE. Hosse General Government SectionDirector LegislativeFiscal Office Thomas C. Bickham, III Undersecretary 0308#063



### FISCAL AND ECONOMIC IMPACT STATEMENT FORADMINISTRATIVE RULES RULE TITLE: NonattainmentNew Source Review Procedures James H. Brent, Ph.D. Assistant Secretary

1. ESTIMATED J1V[PLEMENTATION COSTS (SAVINGS) TO STATEORLOCALGOVERNMENTUNITS (Summary) There are no known implementation costs or savings to state orlocal governmental units. n. ESTIMATEDEFFECTONREVENUECOLLECTIONSOFSTATE ORLOCALGOVERNMENTALUNITS(Summary) There is no known effect on revenue collections ofstate or local governmental units. III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS(Summary) There are no known estimated costs and/or economic benefits to directly affected persons or non-governmental groups. N. ESTIMATEDEFFECTONCOMPETITIONANDEMPLOYMEl'.'T (Summary) There is no known effect on competition and employment. 

### parking garage when the parking ticket IS validated by departmentpersonnel at the hearing.

All interested persons are invited to submit written comments on the proposed regulation. Persons commenting should reference this proposed regulation by AQ235. Such comments mustbereceivedno laterthan October I 2003 at 4:30 p.m., and should be sent to Lynn Wilbanks, Office'of Environmental Assessment, Regulation Development Section, Box 4314, Baton Rouge, LA 70821-4314 or to fax (225) 219-3582 or bye-mail to lynnw@ldeq.org. Copies of this proposed regulation can be purchased by contacting the DEQ Public Records Center at (225) 219-3168. Check or money orderis required in advancefor each copy ofAQ235.

This proposed regulation is available for inspection at the following DEQ office locations from 8 a.m. until 4:30 p.m.: 602 N. Fifth Street, Baton Rouge, LA70802; 1823 Highway 546, West Monroe, LA 71292; State Office Building, 1525 Fairfield Avenue, Shreveport, LA 71101; 1301 Gadwall Street, Lake Charles, LA 70615; 201 Evans Road, Building 4, Suite 420, New Orleans, LA 70123; III New Center Drive, Lafayette, LA 70508; 104 Lococo Drive, Raceland, LA 70394 or on the Internet at http://www.deq.state.la.us/ ·planning/regs/index.htm.

Louisiana Register Vol. 29. No. 08 August20,**2~03** 

### 1686Page 1 of 1 AQ235 Summary October 20, 2003 

### Comment Summary Response & 

### Concise Statement - AQ235 Amendments to the Air Quality Regulations Nonattainment New Source Review Procedures LAC 33:111.504
Concise Statement arguments: FOR: rr-he reason supporting WHY the suggestion in the comment should be adopted by DEQ. Usually this is the commentor's perspective.] AGAINST:


### COMMENT 1: [The reason WHY the department feels the suggestion should NOT be adopted.] 

### §504.A.6
- The proposed provisions of Subsection 504.A.6. provide both the Department and the regulated community with a "bright-line" date for the treatment of permit applications during the transition between the ozone "serious" and "severe" provisions. The selection of the "administratively complete" step in the permit process is the appropriate date. Facilities which submitted applications in good faith underthe "serious" requirements should be protected from the costs of reapplication if a "complete" application was submitted. Failure to select an appropriate "bright line" date imposes on both the Department and the regulated community unnecessary administrative burden and delays. No arguments necessary; comment does not suggest amendment or change. RESPONSE 1:

COMMENT 2: - The department appreciates the support.

§504.D.3
- The commentor supports retention of the "in lieu of LAER" provisions. These provisions provide the regulated community flexibility in determining new control requirements required by NSR permitting and results via greater emission reductions than those achieved by a "LAER only" provision. This option is authorized by the Clean Air Act and should be retained. No arguments necessary; comment does not suggest amendment or change. RESPONSE 2:

- The department appreciates the support.Page 1 of 1 AQ235 Key October 20, 2003 

### Comment Summary Response & 

### Concise Statement Key - AQ235 Amendments to the Air Quality Regulations Nonattainment New Source Review Procedures LAC 33:111.504



### COMMENT 

## #

1 - 2 SUGGESTED BY Richard Metcalf/ LMOGA

# LOUISIANA MID-CONTINENT OILAND GAS ASSOCIATION

801 NORTH BOULEYARD, 

### SUITE 201, BATONROUGE, LA70802-5727 TELEPHONE (225) 387-3205 FAX (225) 344-5502 E-MAIL lmoga@lmoga.com
September 29, 2003

Ms. Lynn Wilbanks Regulation DevelopmentSection Department ofEnvironmental Quality Post Office Box 4314 Baton Rouge, Louisiana 70821-4314 Re: Proposed NSR Amendments Log #AQ-235 DearMrs. Wilbanks: The Louisiana Mid-Continent Oil and Gas Association appreciates the opportunity to submit the following comments on the proposed amendments to the amendments to the New Source Review (NSR) Permit requirements (Log #AQ-235) which appeared in the August 20, 2003 Louisiana Register. Mid-Continent is an industry trade association which represents individuals and companies who together produce, transport, refine and market crude oil, natural gas, petroleum products and electric power in Louisiana. Several Mid-Continent members in the Baton Rouge areaare subject to the NSR permitting rules. Mid-Continent supports the proposed amendments to the NSR rules. The proposed provisions ofSubsection 504.A.6. provide both the Department and the regulated community with a "bright-line" date for the treatment ofpermit applications during the transition between the ozone "serious" and "severe" provisions. The selection ofthe "administrativelycomplete" step in the permit process is the appropriate date. Facilities which submitted applications in good faith under the "serious" requirements should be protected from the costs ofreapplication ifa "complete" application was submitted. Failure to select an appropriate "bright line" date imposes on both the Department and the regulated community unnecessary administrative burden and delays. Once again, MidContinent supports the proposed subsection. In 

### addition, Mid-Continent supports retention of the "in lieu of LAER" provisions of Subsection 504.D.3. These provisions provide the regulated community flexibility in determining new control requirements required by NSR permitting and results via greateremission reductions than those achievedby a "LAER only" provision. This option is authorized by the Clean AirAct and should be retained. Once again, Mid-Continent appreciates the opportunity to submit these comments.
Sincerely,

Richard T. Metcalf Health, Safety andEnvironmental

Affairs Coordinator

## AUG 19 2003

DEQ/0EA/EPP RfGlIL\TION DEVEI.OI'MENT SITTI()"



### 70821-4313 TELEPHONE ( 04) 

### 826-2Rtf?CEl

## VED'

P.O. BOX 4314 BA.1DN 

### roUGE, LA.



### Sworn to and subscribed before me this

----'-=-



### 13

c:....



### th 

### da

## y of"_**---J!':-~~ ~___.-~**  ----r-- / 

### RE:NOTICE OF INTENT DEPARTMENT OF ENVIroNMENTAL QUALITY OFFICE OF ENVIroNMENTAL ASSESSMENT ENVIRONMENTAL PLANNINC DIVISION NONATTAINMENT 

## NEW SOURCE 

### REVIEW PfOJEDURE.S 

### LAC 33: III •504) 

### (A0235)

. 

### Advertisement ot DEPT. OF ENVIroNMENTAL QUALITY



### Was published in

__**THE==-.....oT~I=-=ME=S.....:P:....:I::.::CA=YUNE=::::.-** 

### _



### on the following dates

__ A_U_GU_ST_1_3_,_20_0_3

_ LEGAL rvTICE 

### State of Louisiana Parish of Orleans City of New Orleans Personally appeared before me, a Notary in and for the parish of Orleans, Robert 

### J. Chiasson who deposes and says that he is the Accounts Receivable Manager, of The Times-Picayune Publishing Corporation, a Louisiana Corporation, Publishers of The Times-Picayune, Daily and Sunday, of general circulation; doing business in the City of New Orleans and the State of Louisiana, and that the attached 3800 HOWARO'AVE. NEW ORLEANS, LA 

### 70125-1429

# ;~ERTIFiED COP

FOAM I,%·N

# CERTIFIED COpy 

# rl;1 3 /!-t<.) 

# AFFIDAVIT OF PUBLICATIOl\ RECEiVED 

# AUG 19 2003

K!:\jLlLHION DEIIEI.Of'NIENT SECTIO:--; 

### ( A Correct Copy ofPublication) 'j '.j.**~.;!** 

### I, LindaV. Ward, Call Center Supervisor of THE TO'YVNTALK, published at Alexandria, Louisianado solemnly swearthatthe

Public Notice advertisement, as per clipping attached, was published in the regular and entire issue ofsaid
newspaper, and not in any supplement thereof for one insertions commencing with the issue dated August 13,2003 and ending with the issue dated August 13,2003.

Subscribed and sworn to before me this day of August, 2003

# ~ifV1(mc:LQ Notary Public

### 3800 HOWARD AVE. NEW ORLEANS, LA 70125-1429 TELEPHON**tr:-t:rt:74t-t:J"Zi:T-"t:tZ:tfu-----_=;_~** 

# RECEIVED AUG 

# 1 4 2003

DEQ/OEA/f'I'O REGl11.,\TION DEVEI.OI'MENT SEeTIO:"

My commission expires at my death. 

### Sworn to and subscribed before me this day of 

### 12th on the following dates

__ 

### A_U_GU_S_T_1_1_,_2_0_0_3

_ Was published in

__ 

### T_HE_T_IMES P_ICA_·_·YUNE

_ 

## BATON ROUGE, 

## LA. 70821-4314 P.O. 

### BJX 4314 RE :NOTICE OF INIENr DEPT'. OF ENVIRONMENTAL·ASSESSMENT ENVIroNMENTAL PLANNING DIVISION OONA.TIAINMENT 

### NEW SOURCE 

### REVIEW PROCEDURES (LAC 33:111.504) (AQ235) Advertisement of DEn. OF ENVIroNMENTAL GUAL'ITY LEGAL NJTICE 

### State of Louisiana

City of New Orleans Parish of Orleans

Personally appeared before me, a Notary in and for the parish of Orleans, Robert J. Chiasson who deposes and says that he is the Accounts Receivable Manager, of The Times-Picayune Publishing Corporation, a Louisiana Corporation, Publishers of The Times-Picayune, Daily and Sunday, of general circulation; doing business in the City of New Orleans and the State of Louisiana, and that the attached

FOm.4 1&t·N**DEQ/O~:A!U'l)** REGl.Il..\T10N DEVI'I.OI'1',tENT SH"TIO;-":

lIIl:gal/public NoticlIl:s RlIl:prlll:slll:ntativlIl:**l~t~:~t;·~~~·** at·:'the afiiiti's' ;,'662 ";"!,,A, ',W.est: l"te'O,'I"e

" "

.. , .,..**,lq::A.Y.~f!\,\,jft-(** porJ··',l,A'z.

. ····13°-l'J3ad' alrStreElI).**ta~"""pha(I~5:',lA'** 70615:,.2Q1;Sv""SRoact,:Buildiiig· 1.4.'"**Su.ltEJ::·4.~9~. ~:N!JIi/';Or,le,a~'s;~**  l,A 

### i,**7~12;3~ :'(l·(l,j.:·.~ew** **.;:Cer~er** ....qrl,,:e.;·

.L·"'ayett"; I:;A.7,Q5\lE\;.10:4 ,Loc:oc:o

. :.**Dri"e:,'Ra·c.e·l~nd.,:~.']Q.39.4.-oion'_~: the,;-Inren'~f.:** **~t ,~~tp).1WwW,:(;t8q.:**  state:)aiLJ1:1i1**plcinf1!nglr.egs/.fr'i~~e·x·** . 

# •**h'I:~;~~':e~~ziJh~",i;::**

# {'

..'

'.**2673349.-au,.g·"~J~** II ;:"'-- .:.""
"".1'''' • 

# CERTIFIED COpy RECEIVED 

# AUG 26 2003 

# PRE I I CIT Y

LA 70811-4314 

### Publ ish¢r of 

# THE ADVOCATE

Notary Publ My Commission lxpirlll:s: Inddini Baton Rouge, Louisiana Sworn and subscriblll:d bdorlll: mill: by thlll: plll:rson wboSIIl: signaturlll: a pplll:ars abOV1Il:1



## PROOF OF PUBLICATION

08/13/03 Thill: hlll:rlll:to attachlll:d noticlIl: was

publishlll:d in THl ADVOCATE, a daily**n~spaplll:r** of genlll:ral circu lation

published in Baton Rouglll:, Louisian a, and thlll: Official Journal of the Statlll: of Louisiana, the City of Baton Rouglll:, and thlll: Parish of last Baton Rouglll:, in thlll: following iSSUIll:SI

DlQ
- RlGULATJOH
PO BOX 4314 BATON ROUGE 

# CAPITAL

2673349, DEQiOEAlEI'D;' R[(,l.lI..\TION DEVE!.OI'MEN'i:'; 

## AUG I 9

personallyknown to me,



## t**~otary)** . - " . 

# QrhrQ[imt£l

Altheas Critton, 

# PROOF OF PUBLICATIO



# CERTIFIED Copy

NOTICE OF INTENT Department ofEnvironmental Quality Office ofEnvironmental Assessment Environmental PlanningDivision NonattainmentNew Source Review Procedures (LAC 33:III.504) (AQ235) As percopy ofadvertisement hereto aImexed, waspublished in The Times on thefollowing dates to wit:

(Signed) August 13, 2003 Before me, the undersigned authority, personallycame and appeared

%0 being duly sworn, deposes and says that she is theAssistanttothe ClassifiedAdvertising ManagerofThe Times, and that the attached Advertisement entitled: STATE OFLOUISIANA PARISH OF CADDO

Swornto and subscribed beforeme this 13th 

### day of August 2003.**rjtG7~M&::~'1** Departrrientof Environ-W' 

# 1\**O~i~t:l~fU;,~I~i;~~~, ~k;;,;i,r**  Assessment " " .,,,·1**Envlronmen~al' p,I~r;ning!**  DIvISion Nonattainment ,."New : Source '. Re,vlew Procedures' '. ':'/" , (LAC 33:111.504)JAQ235),'

Under the authority of, ihe Environment,at Quali- , ry Act, R,S, 30:2001 et, seq., and in, accordance witt1 the provisions 01 the Administrative Procedure Act, R,S. 49:950 et 

### iseg., the secretary gives InotIce that,**rUlema~lng** procedures have been Initialed to amend the Air regulations, 'LAC 33:111.504 (Log #AQ235), "The live-parish Batofl ' Rouge' ozone' nonaltainmenl area, has

\been ,reclassified trom "seriou,s" to "se,v,ere",e.f,- ' lective June 23, 2003, This proposed luie cianilies that serious area 1nonaltainment

. requireilments applytovolatlle,or- ' ganic compounds, (VOG) and nitrogen OXides (NOX) increases in per- 'mit appllcartons deemed 

### Iadministratively'**com~** plete prlor to June 23, 2003, and thaI severe area nonaltainmenl, requirements apply: to VOC and NOx Increases in permit applicatioris deemed administratively complete on or·.after June 23, 2003, .·It,also, tully Incorporatel! the provisions at· Section. 182(c)(8) at the Clean, Air Act (CAA),inl(l' the I Nonattairimenl**,'O:'N~W'1** Source Review'lNNSR);l**proceduresloi.(i$~Yllre;** ozone': : nonaltalqment( 

### Iareas:bY,alloYiIQ9<<l,11{r;n8< liar SOlJiCeS!O .aVOIO**,~he~** I requirements" o,f',lowesl; 

## l**achie~ableefnls6lon** ratEl" 

### I(ViER};lf**Internal.ott!l~ts~** 

# I

# ~~~~t~~::~:1::;j:.:;;:']I!,;;~~~ ! ..on"AP.d. J.",24t,2OQ3.,':t

### M,':' Eiwlroomentel"'\,l'r'9t

### eC.'i:

,**~on 'AgencYr!lCI~~~Jtle<l\**  'or"bUmPed, up' byoperaij' lion 01 ,thelilwlhe Balon Rouge**:.~,<~** 

## ..**~"** 

## • (n9!1e,; nonanaln'ment area frpm' a': etasiilfiCa!lori' ;,{:,,(>I' "serious'" to**'"s~vere~;._et-.:** tecllveJupe '23,'; 2003 .(68 FR**20077)_Ttie,fIV~-i** parish, ::'Bator 

### :1' .',Ro\ige:: ozon!i**'nonaltalnment~** area Inetudes the parls

### h":1 es at Ascension,.EastJ Balo,;' Rouge," It,>&rvil1e,

### i: Livingston,**i;lndi""'!ls~B~t::i** on**Ro~ge,Under::S!lC-!** lion

..1820)._oct,he, ,.,,:.:19, ',9,O. Clean AIr' Act-Amend-, 'menla;. ':**s'erici~~".',O;!:o,n!l:** nonaltalnmerib.areas,·,[(I".: etasslfiedto sevele

.are: requlredlci submiIS!ete,i Implemenlatl9f' PiaI')**rltvl;~ sionsaddresslnglhe'~'**  "vere area-, requ1rem"!.r;ltS! torthe::one-hoUupzone NaoonaL>'.'Arriblenl

... Air·**Quallrysi~naiird.'** ",One', of,theserequlremenls Is

. the loweriri'gollhe major

. staUQnarysourcethresh, old;'lor"VOC ,and' NOx, :emisSICJ,ns from. 50)ons'

.**.;PEl(Ly.ear'-:4Q"'?<?'~.l** .

'. ,'. y.ear!**-:1il1lli',r.lJ1~1** 'Ing**prpp6~fuJ"'as**

## :~~J~'i;\9:'!']~

## .:dr, ", 

### Thi'

# P""~'M;~f\1t;': n -is

.**av._alt~tile.:~.: f~,r._·** **:In~ -~**  .**:i:'~~'·'-"·:** -'
- pectloh',at':\h.e

### ,t.91Io",:,m9 "**~.** ,EQ·•..olffce.·.**IElCatIOf1~** ..**:,,~.**

### q~':i~.f&62,~~tll.~i~~:;~\':'**irre-~t,.BaIOnRouge,** LA {: 0602; '1823 Highway**"-,,~.** , 46 west' Monroe, LA'.;":, 1292; Slate ONice Build·I"(- 'ng, 1525 Fairfield Ave-\'" ue, Shreveport, LA1101; 1301 Gadwall. Street, Lake Charles"LA 70615; 201 Evans Road,

. Building 4,

. Suite ' 420; New Orleans;' LA 70123; 1t 1 New Center'0ri"e,**~;,** Lafayelle, LA ',70508;.**~k;** 104 Lococo: '.Dnve, !11: Raceland' LA 70394"'or**~~?,;** on ,the' \'lliteniiiF'cat }.('; hllp://www.deq.state.la.u :;";' s'-', '. I .' '.,':: planninglregsl1ndex.htm. 

## '\1

# .A:;:'bt~l:i**::i~~,:ta~t~~~~~;:~O'** environmental/health' \The Times: ., benefits' '.', ,and'· VluQU.**~_1l3,** ' 2,003.

_'.' ,_ social/eConomic costs is I'.

_ requiied

..This proposed. rUle. has' no ·1ihown.i.m-. 'PilC\OfJ**I~rnily** \6hpatlon" 'stabilitY, "'311Q;\autonomy.: i.as:'descf.jbEia'. in) R;S

.



## .**:~':~i;'~;:~,·';:;_"{,r,(':;~it~~;:~·;r:~· ~"~.** 

## :
....**,.-~** .A**PUbllc.·h.ean.~ng** will be. heIcLon,.September 24,. 2003, at'1:30;p..;m, in the' Galvez:;Builolrig; Room, C1,j i, ",

..**60~\.N. fl~h.**  Street, Balon -Rouge,:,liA: 70602. The hearing'Yilll also be fQ.l.';the revislon to the**~lat\i'i1mplel'[lenla tion:~** **\@:~,1P;il,n~orpo:, ''"'lte!~**  .'?fl9!!l1d rule, I 'ItT.le rsoris are In·

### I**~vlted.,to** aMnd and sLJ.bmrt oral. ments 

### ,·on the PiP'c"" eQd:

### I ments':":tS. Ivldu·: als witl'j'(·a·disabl.

. need!**a~.e~cimQi6datldriiin or.~1**  ,der.-';,!o;,,;pai't!clpale; con.'; ,tact", Lynn Wilbanks· iat;" the' address giyen belowJ or

### lat''''(~?}'"Jl.9'3550,;1 Free pal:Rlhg I$avat!able;i across the street In the" 9alvez**p~r8lng** garage;' when the'\parklng ticket' is.· validat,ed.,' by depart-**.'_~,.** ment personnel al ,the', ---.J-'

.. :;'.' .•••

## '~~i~;k\f";:"~.

# "

. i'

..Alllhtai'eSted persons'· are invited t";S.9b.mrtwrit-'**lencommeri!~.:~tr** the pro- posed regulahon, Per. sons commenting shoUld; relerencethls propoSed. regulation by AQ235•

.Such c()mmer.lts must be:" received '''00': Illter than

ctoCltlr:1, '2003,at 4:30f p:m., and.,shduld· be sent 10 Lynn Wilbanks, .Otlice**ofEn,,:~,:'** . Assess-'

. mentili,f1 eveld**opm~n~:'** .. Box:-' i.. 4314," Batoh, Rouge, LA '. 70821-4314 or. 10 FAX

(225) 219"3582 oi by "I; mail to Iynnw@\deq.org;**~ClRle,s--,!Llhis** pro '.','

.. ·eglJlatlon.•,C<\q,hi 

### :chasea'bY'conla'

. ':';:: DEQ'

.Public '.Records,
" ," Center at (225(2.1fl· ,:,.,., 3168

.. Check' or**mone~** 

### ,::i>""" order is' required: rn',ad;'

# .,5f~~1~~1,·;'"i~~i,~~.;.:~.'.i·.:..

# ii,~,'.:.,'.: ...',-

.•!'¥,

..

# ;.~~~; '., ",'"

--.. '.

. ..:.:..**~.·**

### ..**:,?;'~'i.. 'I'<;;k'('(!;j~;'i!"rf?<,** **."/"',:;;,·~'},** ...**"r::,:,;~ ,~,** **':'';:,~''** ': ';1,<

_,.,. :l(!,>

..**'~';**



### .., ..**~'~.,'!::~~\(~';** 

### .',: ,'.'::;::::.-;.:;.","::**c~"** ' ',' :'1'.:,:,**'.:"i':;:'~':-i**

# 19 aJ03 RECEIVED 

# AUG

DEQ/Ol:AlEPD EGUL\TION DEVELOPMENT SECTION



### personallyknown to me, 

# CERTIFIED COpy

" I DIANA W.**BARB~R, ,~OTARY**  PUBLIC CADDO PARISH, LOUISIANA My' COMMISSION IS FOR LIFE 

# <1fhrQLimt5

(Signed) 

# PROOF OF PUBLICATIO

Altheas Critton, Before me, the undersigned authority, personally came and appeared STATE OF LOUISIANA PARISH OF CADDO

Who being duly sworn, deposes and says that she is the Assistantto the ClassifiedAdvertisingManager ofTheTimes, and that the attached Advertisemententitled: New Review

..Under the authority 01 ' the Environmental Quall-, ty Act, R.S, 30:2001et seq.: and in accordence wrth the provisions otthe Administrative Proce· dureAcl, R.S. 49:950 et·

..eq" the sec.re.tarygives .olice that rulemaklng' rocedures have been in-: Itiated 10 amend,Jbll. Air reglJlations,

. .' LAl,;. tl3:111.504 (Log #AQ235). I . lrlle purpose ot the rule tl1ange iSIO clarity the in· emal oHset ratio that fa· ilities must meet in serio us and severe owne nonatta/nmenl areas
.. The Baton Rouge Nonattaif,Jment· Area is.' being';**reciassifiEl~:·lr6m** 

### I seriOus.to severe as'a' reo' sut!· of iailure":tO'reach

### 'I :ozone attainment 'levels

# i as mandated bY tile I Clean Air Act. This' ac· tion is being lTialidatedr by the US EPA.**~"he** ba·, sis and rationale 'lor this', 

### Irule are to comply

.....ith,

## :~I~a,frovisiO;I~ 01.

## ~~i All "I't' . t d" .,.,. 

### AMENDED NOTICE OF INTENT DepartmentofEnvironmental I,Amendments.

.. n eres e persons'

. . are inVited tosubmll writ- 

### Quality Office ofEnvironmental AssessmentEnvironmental Planning Th' d rUl len commentson the pro·

### ;;'ee't~**agr~~g:~hon Ii~~**  posed,

### .r,eglJlalio,n~.:. Per·: 

### DivisionNonattainmentNew SourceReview Procedures R 5**[J)~)** sons.commentlng.ShoUld·1 ed in

.. 30:2019 ·2 rel.eience .•..th.iS.PropoSed 

### (LAC 33:IIL504) (AQ235) and R,5. 49:953( )( ); r I t b**AQ2~~** therefore

.. no report .'re- egu a Ion y ..,.,..' g a. r':d . I n·;g,:. Such comments must be

.

nvir nmental/health',j receIved no,laler than • • •**~enefi~s** and October r, 2003, at4:30 

### As percopy ofadvertIsementhereto annexed, was publIshed In

. II '0 t i p.m., and should be sent

. '.

. socia economic cs s s to Lynn Wilbanks, Office 

### TheTImes on the followmg dates to WIt: reqUired. ThiS. proposed 01 Environmental Assess- , rule has no kn,?wn 1m· ment, Regulation Develpact,.on**lam~** formation, opment

. Section,' Box I stability, an autonomy 4314, Baton Rouge, LA I

### August 13, 2003 as descnbed ,n R.5. 70821.4314 or to FAX' 49:972, (225) 219·3582 or bY' e·

. . mail to Iynnw@\deq.org

.

..A public heanng WIll be Copies of this proposed held on September 24,', regulalion can be pur' 2003, al 1.30.p.m. ,n the' chased. by contacting the Galvez BUlldmg, RO?m IDEO Public Records C111,

. 602 N. FIttt1 Center' at (225) 219. Street, Baton R0l!ge, LA 3168. Check or money 70802. The heanng. will order is required in ad-

. also be lor the reVISion vance tor each copy 01 \0 the Stale Implementa· AQ235 ! tion Plan (SIPlIO incorpo-

. rate this proposed rule. ..This proposed regula· 

### worn to and subscribed before me this 13th 

### day of August 2003_ Interested persons are in· lion is available for in. vited 10 attend and sub- spectlon at the following mit oral comments on DEO oHice locanons the proposed amend· t 8 . til 430 menIS. Should individu. rom a.m
.. un . : . h d' b'llty' d p.m.: 602 N. Fittt1, als WIt a Isa I nee Street, Balon Rouge, LA

. , an accommodation in or· H'n"**I~'** der to "articlnate, can·'**70802;18~~** . I".,way • 

# t

.**~"** 546,Wasf;·Monrcie, .LA CLL'

. 0--- ,lact Lynn Wilbanks at 7129:;!;$.tate;0tflceBulld·; ""

. ,J

# l**~,** /l 

# 7'11\ .l_'**~Y";.**" •.IL I the address given below irig,i:525faltfjeld (live·

. . ""

_**-,J/~** 

## _**_,~** or at (225).219-3550. null., ·:.',Shrevepor'!;· LA .------ Free parlo;ing is available 71101;" 13U1-_. Gadwall. 

### (Notary) across the s.lreel ,n the Street, Lake Charles, LA Galvez**parkm~** garage 70615;'.201,Evans.Aoad, i when .the parlo;lng ocket I**BUildlng,4,;L5uir~~::;l20,** ; IS validated by depart·: New Orleans;lA7(')j23;

. ment personnel at the 111 New**~nter** DriVe, heanng. .'Lafayette,

.. LA 70508;

.. 1104 LocoCo· 'Drive,

, Raceland,' LA 70394 or on the Ihtemel at http://www.deq.state.la.u \ .s
. I.

. ptanrilnglregslindex,htm. I ".,.'

...James H. Brent. Ph.D. :
..Assistant Secretary OF**I~ITENT**

Tho Times: :fugust 13, 2003 • Department 01 

# I · Environmental Quality

. Office' at EnVironmental 

# I Assessment

Environmental Planntng I**GI~i~i,ol'\i-** •. 

### I**Nonaii£i~ment** : Source \ Procedures I (LAC 33111.504}(AQ235)

## RECEIVED 

## AUG 2 8 2003

DEQIOl:A/EI'D

. II.EGUl.,\TION DEvf:l.OI'IvlENT**Sl:CTIO~** 

### 221 JEFFERSON STREET Lafayette. LA 70501 

# CERTIFl'D COpy

Acadiana I s Daily Newspaper 

# P:3/-u/ 

# THE ADVERTISER
PHONE: (337) 289-6300 FAX: (337) 289-6466



## AFFIDAVIT OF PUBLICATION

Lynn Wilbanks Department of Environmental Quality Regulation Development Section P. O. Box 4314 Baton Rouge/ LA 70821-4314 Account No.: L-DEQRDS Ad Number: 07525570 Ad Total: $75.00 Ad Inches: 12 **IN ORDER to insure proper credit please refer to your account number andl or ad number when making payment. I, ROSE PENFOLD, do solemnly swear that I am the LEGAL CLERK of THE ADVERTISER, a newspaper printed and published at Lafayette, in the Parish of Lafayette, State of Louisiana, and that from my personal knowledge and reference to the files of said publication, the advertisement of 

### NOTICE OF INTENT Department of Environmental Quality Office of Environmental Assessment Environmental Planning Division Nonattainment New Source Review Procedures (AQ235)

was pUblished in 

## THE ADVERTISER on the following dates: 

### -P-":?l1'*TH U RSDAY/ AUGUST 14/ 2003



### Sworn to and subscribed before me this 2fe,di-cday of August, 2003. 

# (/12<**~~** NOTARY

# ~/ PUBLIC

## .**~.** 

# -



# -

..

•

•

•

## Adaily newspaper ofgeneral circulation.

The person whose signature appears above in 1vlonroe, LA on this 

# THE NEWS-STAR MONROE, LOUISIANA PROOF OF PUBLICATION

LEGAL AD DEPT. ==== ======='i\ 

# -CEltTlFIED COpy t: J- b

## -"j ublisher of

Published in Monroe, Louisiana. Parish ofOuachita in the issues of:

# !J;tt~f;~ was published in the NEWS-STAR. The hereto attached 

## advertisement

Sworn and subscribed before me by 

# RECEIVED 

# AUG 28 2003

DEQ/OEA/fPD Il.EGlIl.,\TION

### DEVI:I.OP~\\:N"**SF.CTfO~** ;;. ,.._,:•.**NO]")P~** qr;:I?!J'ENi.;* ", Department**otten""'fronmenta~**

. office**of~:~:%nm** ..**nbl');i~(** A..ssessment

. ...'-.:._**Env;TOn'a~7:r~;I~~!~'~~~~!\.:** I Nonattainment New**Sourc~~:,** Review Procedures :;
..**~:** (LAC 33.**:11I.504)(AQ235r.~.·** Under Ihe aulhonty·of.the·En. vironmental
-Quality Act, RSi 30:2001 at :seq., and i!".**~~~** cordance with the**provl5lon~** of ,the

..Administrative**,Pro~1** dure Acl'"R.S. '49:950. el.9<><1<; the' secretary gives**notl~~** that rulemaklng:'**procedu~8_** have been· initiated to amen.d the' Air. regulations, L:l\C 33:111,504 ((.og #AQ23.5).

.•. ::: The;'" .pul1>Ose. ofth

..· ·,rtll". change is to· clarify**~he \n~~** 

. nal 'oftsetratio
-that'**faciii~~~~** must: meet in &&riOU3**an~ .~~**  vere .. oz.one**nonatt3inm'~lJj** areaS. The Bilton Rouge**N~,** albinment Area Is being**,;~** classified from ',eriou5. tc;» , ver9 as a' result of**faltu"r,~~** reach ozone attainment**kty,:tl~,** a8 milndated by the Clean**.~!r** Act. This action IS be'I'19 mandat.ed by tn.. US**EPA."T~~** basis .and· rationa)e:.**for·':,U"'o.~**

.rule are to .comply**.with.~'tf:1~** .**provi~ion9** of :tne. Clean'**~~~;** Act Amendments. : .'

.**:~, !,'J~~1**  Thi5 proposed' rule**~eet,5 a~**  exception listed 'n

...R.so 30:20.19(0,\21
. and' R.S,: 49:95,3(G}(3,;.therefore, no**~'.** port regarOtng' enYlronmert tal/heal.th" ·benefits and',.**SO:~** \ cial/economiC, coste i3'e:' ,re;**quired.~** .. :This proposed -'**nJl~** has no known.: impact on t31111:- Iyformatlon. S1abllilli,'and au" tonomy 'as described ,In;R.5' 49:972.

.... ..'. .,.'lfi A public h""ring willben

..ld on .,·September

. 24, .2003,**a~** 1:30p.m, in .the Galv

... Build" ing,'F\oom C111. 602 N,Flttl\. Street,.· Baton,**Rouge~'** .70802

..The hearing, will'also be" for. the revision. toc: the State Implementation .Plan (SIP) to incorporate this'p......

### ~=a.::~~lt..:r~r~~~nd submit oral comments on the

. proposed.

. a(l1'enaments. Shou&d Individuals with a. dial' abUitY""need' 'an**a~~".'~oda:t**

tion., In:, orner**to.par1..iclpate~** .contact Lynn Wilbanks**a~** Ihe address ',given below 0:(' at (2251'219-3550; ·Fr

.... ·parking is availabl

..·.across the st
......t 

### in tt1.e**·.Ga~ve:z** parking garage when .the parking ticket is validated'by d

..partm"nt pe':S"n- '",el**at't,n~.,nearin9·"** ,:.,:',. ',' All·**inte~st~** person, are In· vited ,to'··

..subn'ut writter1 com" ments on: tile" proposQd**~u,** lation'

.. :.P.8.tsons eomme'rrt;lng should', r'ef

...ren.ce ,this 'pro- posed _reg"Jation

..by,AQ235, Such**c:o",~enta** must· be ceived. no,'later than October. 1, 200J,i. ' i1.1;..4:3.OP'.m.,:,.; a.nd._ 9hould·: i'b,e",s.ent;'.,to.**,ly~n,**

### i~~~~.:~~t>~~'Jt~.;**r.tSl;~"Peve'opment** ':Saction 

### 1 '· Box 43.14, ,.Baton)·.Rouge/:., L."

. 70621431 4"arto

.FAX ,f251



# -**~~~-;~1J":;~~iv~Y·. ~~r~s** **~~** this '. prop03'&d:. regulation, can 

## rh'e**b€'t~~c ':r:~~~~~**  ter i1t (2251':l19.3168. Check or money. ord'er 

### is required in

... :ldvance

.for

.each copy of**~Q2J5.·** rhis

.proposed regUlation is :tvaHab'e .for inspect\on at the lollQwing OEQ gHice locations Tom ·,8**a~m.** until 4:30 p.m.: ;02 N. Fifth. Str

....t, Baton

_**loug~** LA 70802; 1823 Hi!jh." yay 0'46,. West Monroe. LA '1292;. stat& Office Building, 152'

. Fairf,e'd

.Avenue ihr

..**vepOrt,~** 71101; 1301 iadwaliStreel, 'Lake Charles, .A 70615; 201 Evans Road, luilding 4,

.Su'tte 420, New Irt"i1ns, LA 70123: 111 Hew**~nte'"** Drive. Lafayette. LA 0508;, 104 Lococo Drive, laceland, LA 70394 or on the lternet at

_ tlp:/Iwww.deq.state.la.usl lanning/regslindex.htm

.

.James H. Brent, Ph.D. """,I"tant Sec

....tary lonroe, LA. ugust18,2003

## STATE OF LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY

IN RE: NONATTAINMENT NEW SOURCE**~EVIEW** 

## PROCEDURES LOG #: 

## AQ235 PUBLIC HEARING

The Public Hearing held by the Louisiana Department of Environmental Quality,**Regula~ion** 

## Development Section, at the Galvez Building, Room C 1 1 1, 6 0 2 N. F i f t h S t r e e t, Ba-ton R0 

## U9 e , Louisiana, beginning at 1:45 p.m., on September 24,2003.

BEFORE: 

## Lori B. Overland Certified Court Reporter In and For the State of Louisiana



# ASSOCIATED REPORTE S,**I~CEIVED** (225) 216-203 

## OCT 6 2003

[) I'Q. 0 I:!\'FI'[) Rr:Ci\11..\T10N DE\' EI.O**1'~11;. "'~~(**  -110"

### DEPARTMENT OFENVIRONMENTAL QUALITY A P PEA RAN C E S
FOR THE LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY: 

## Cheryl Flory Hearing Officer Department of Environmental Quality OEA/Regulation Development, 6th Floor P.O. Box 4314 Baton Rouge, Louisiana 70821-4314



## * * * * * 2



### ASSOCIATED REPORTERS, INC. (225) 216-2036

### DEPARTMENT OF ENVIRONNIENTAL QUALITY I N D E X


## EXAMINATION: None.
EXHIBITS: None
REPORTER'S PAGE REPORTER'S CERTIFICATE



# * * * * *

ASSOCIATED REPORTERS, INC. 3



## PAGE(S)

6 7



### (225)**216~2036**

### 1 

### 2 3 4 

### 5 6 7 

### 8 9 

## 10 11 

## 12 13 14 15 16 17 18 19 

## 20 21 22 

## 23 24 25 

### DEPARTMENT OF ENVIRONMENTAL QUALITY



## * * * * * MS. CHERYL FLORY: 

## Good afternoon, ladies and gentlemen. My name lS 

## Cheryl Flory. I'm employed with the Louisiana Department of Environmental Quality. I'll be serving as hearing officer this afternoon to receive comments regarding proposed amendments to t.he Air and Solid Waste regulations, and to the State Implementation Plan for Air Quality. The comment period for these amendments began on August 20, 2003, when the notice of intent was published in the Louisiana Register. The comment period will close at 4:30p.m., October 1,2003. It would be helpful to us if all oral comments received today were followed up in writing. This public hearing provides a forum for all interested parties to present comments on the proposed changes. I'll ask that each person commenting come up and sit at the front table and begin by stating his or her
name and affiliation for the record. The next amendment is designated by 4



### ASSOCIATED REPORTERS, INC. (225) 216-2036

### 1 2 

### 3 4 

### 5 6 

### 7 

### 8 9 

### 10 11 

### 12 

### 13 14 

### 15 16 17 18 19 20 21 

## 22 23 24 

### DEPARTMENT OF ENVIRONMENTAL QUALITY 

## the Log Number AQ235. The purpose of the rule change lS 

## to clarify the internal offset ratio that facilities must meet in serious and severe
ozone nonattainment areas. The Baton Rouge Nonattainment Area is being reclassified**fr~m** 

## serious to severe as a result of the failure to reach ozone attainment levels as mandated by the Clean Air Act. This action is being mandated by the US EPA. This rule is also being proposed as a revision to the Louisiana State Implementation Plan for air quality. Does anyone care to comment on this regulation? (No response. MS. CHERYL FLORY: 

## If not, the hearing on AQ235 is closed. lId like to thank you for your attention and participation. This hearing is closed. THE HEARING WAS CONCLUDED AT 1:46 P.M.



# * * * * * 5

ASSOCIATED REPORTERS, INC. (225) 216-2036

### 1 

### DEPARTMENT OF ENVIRONMENTAL QUALITY
REP 0 R T E R 

## s P AGE 

### 6

2 

## 1/ Lori B. Overland/ Certified Court 3 Reporter/ in and for the State of Louisiana/ the 4 officer/ as defined in Rule 28 of the Federal 5 Rules of Civil Procedure and/or Article 1434(b) 6 of the Louisiana code of Civil Procedure/ before 7 

## whom this sworn testimony was taken/ do hereby 8 state on the Record 9 

## That due to the interaction in the 10 spontaneous discourse of this proceeding/ dashes 11 (- -) have been used to indicate pauses / changes 12 in thought/ and/or talk overSj 

## that same is the 13 proper method for a Court Reporters's 14 transcription of proceeding/ and that the dashes 15 (--) do not indicated that words or phrases have 16 been left out of this transcriptj 17 That any words and/or names which could not 18 19 ·20

21 22 

## be verified denoted withthrough reference material have been

the phrase

# JiJ~~fJ;J~_- Lori Overland/ C.C.R. # 

## 97083

ASSOCIATED REPORTERS, INC.

. (225) 216-2036

## 1 2 

### DEPARTMENT OF ENVIRONMENTAL QUALITY 

## C E R T I FIe A T ION 

## I, the undersigned reporter, do hereby 7



## 3 certify that the above and foregoing is a true 4 and correct transcription of the stenomask tape 5 of the proceedings had herein, taken down by me 6 and transcribed under my supervision, to the 7 best of my ability and understanding, at the 8 time and place hereinbefore noted, in the above 9 entitled cause. 10 

## I further certify that the witness was duly 11 sworn by me in my capacity as a Certified Court 12 Reporter pursuant to the provisions of R.S. 13 37:2551 et seq. in and for the state of 14 Louisiana; that I am not of counsel nor related 15 to any of the counsel of any of the parties, nor 16 in the employ of any of the parties, and that I 17 have no interest in the outcome of this action. 18 

## I further certify that my license is in good 19 20 

## 21 22 

## 23 standing state of as a court reporter in and for?Jh Loui s iana_.e:--==='"

# ::::=:::::::,;=::;::;:::::.~**~~'** [)



## ---------------------- Lori Overland, C.C.R.

ASSOCIATEDREPORTERS, INC. (225) 216-2036

### NOTICE OFINTENT DepartmentofEnvironmental Quality Office ofEnvironmental Assessment

Environmental PlanningDivision Repeal ofInterpollutantTrading (LAC 33:111.504) (AQ242) Underthe authority ofthe Environmental Quality Act, R.S. 30:2001 et seq., andin accordance with theprovisions ofthe Administrative Procedure Act, R.S. 49:950et seq., the secretary gives notice thatrulemaking procedures have been initiated to amendthe Air regulations, LAC 33:III.504 (Log#AQ242). Thisrule revision proposes to disallow interpollutanttrading and repeals the option ofusing creditable nitrogen oxide (NOx) reductions to offset significantincreases ofvolatile organic compounds (VOC). The Baton Rouge ozone nonattainment areahas not attained the one-hourozone airquality standard. Some exceedances in the areacharacterized by rapid ozone formation may have been caused byreleases ofhighly reactive VOc. Therule revision is proposedto preventpossible increases in these types ofoccurrences. The basis andrationale ofthis proposedrule revision is to provide more protectionfor airquality in the Baton Rouge ozone nonattainment area. This proposedrule meets an exception listed in R.S. 30:2019(0)(2) and R.S. 49:953(G)(3); therefore, no reportregarding environmental/health benefits and social/economic costs is required. This proposedrule has no known impacton family formation, stability, and autonomy as described in R.S. 49:972. Apublic hearing will be held on June 24, 2004, at 1:30p.m. in the GalvezBuilding, Oliver Pollock Conference Room Clll, 

### 602N. Fifth Street, Baton Rouge, LA 70802. Interested persons are invitedto attend and submitoral comments on the proposed amendments. Shouldindividuals with adisability need an accommodation in orderto participate, contactJudith A. 

### Schuerman, Ph.D., atthe address givenbelow orat (225) 219-3550. Freeparking is available across the streetin the Galvez parking garage when the parking ticketis validated by departmentpersonnel atthe hearing. All interestedpersons are invited to submit written comments on the proposed regulation. Persons commenting shouldreference this proposed regulation by AQ242. Such comments mustbe received no laterthan July 1,2004, at4:30 p.m., and should be sentto Judith A. Schuerman, Ph.D., Office ofEnvironmental Assessment, Environmental Planning Division, Regulation Development Section, Box4314, Baton Rouge, LA 70821-4314 orto FAX 

### (225) 219.3582 orbye-mail to judith.schuerman@la.gov. Copies ofthis proposedregulation can be purchased by contacting the DEQPublic Records Centerat (225) 219-3168. Checkormoney orderis requiredin advance for each copy ofAQ242. This proposedregulation is available for inspection at the following DEQ office locations from 8 a.m. until 4:30 p.m.: 602 N. Fifth Street, BatonRouge, LA 70802; 1823 Highway 546, West Monroe, LA 71292; State Office Building, 1525 FairfieldAvenue, Shreveport, LA 71101; 1301 Gadwall Street, Lake Charles, LA 70615; 201 Evans Road, Building4, Suite420, New Orleans, LA 70123; 111 New CenterDrive, Lafayette, LA70508; 104 Lococo Drive, Raceland, LA 70394 oron the Internet athttp://www.deq.louisiana.gov/planning/regs/index.htm. James H. Brent, Ph.D. AssistantSecretary

## FISCAL OFFICEDRAFT/APRIL 20, 2004 

# Title 33 ENVIRONMENTAL QUALITY PartIII. Air Chapter5. PermitProcedures §504. NonattainmentNew SourceReview Procedures A - E.5

.... 

## AQ242

F. Emission Offsets. All emission offsets approved by the department shallbe surplus, permanent, quantifiable, and enforceablein accordance withLAC 33.m.Chapter 6 and shall meet the following criteria-=-.:.
1. 

### All emission reductions claimed as offsetcreditfor significantnetNO* increases shallbefrom decreases ofNO*. All emission reductions claimed as offset creditfor significantnet 

## 'lac increases shall be from decreases ofeitherNO;><-or

## 'laC, or any combination thereof, providedthatifNO* decreases are used, the permitfor which the offsets are required shall have beenissued on orbefore November 15,2005. All emission reductions claimed as offsetcredit shallbefrom decreases ofthe same pollutant orpollutantclass (e.g., VOC) for which the offsetis required. Interpollutant trading, for exampleusing aN0.o. credit to offset a VOC emission increase, is not allowed. Offsets shall be required at the ratio specified inTable 1 ofthis Section.

F.2.

- G.Table l.Note "PMIO"

.... AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054. HISTORICALNOTE: Promulgatedby the Department ofEnvironmental Quality, Office ofAir Quality and Radiation Protection, Air QualityDivision, LR 19:176 (February 1993), repromulgatedLR 19:486 (April 1993), amendedLR 19: 1420 (November 1993), LR 21 :1332 (December 1995), LR 23: 197 (February 1997), amendedby the Office ofEnvironmental Assessment, Environmental PlanningDivision, LR 26:2445 (November2000), LR 27:2225 (December2001), LR 30:

1

# Appendix B: Chapter21: Control ofEmissions of Organic CompoundsDepartment ofEnvironmental Quality Office ofEnvironmental Assessment

Environmental Planning Division RULE AUTHORlTY NOTE: Promulgated 30. HIS ALNOTE: Environmental ity, Environmental Planning

Under the authority of the Environmental Quality Act, R.S. 30:2001 et seq., and in accordance with the provisions ofthe Administrative Procedure Act, R.S. 49:950 et seq., the secretary has amended the Airregulations, LAC 33:111.2104, 2108,2115,2123,2125,2143,2147,2149,2151, and 2153 (Log#AQ236).

This Rule provides reasonably available control technology (RACT) regulations for sources of VOC emISSIOns in the five-parish Baton Rouge ozone nonattainment area that are subject to the new lower major stationary source threshold of 25 tons per year. This Rule also provides clarification to some language that was unclear or confusing. On April 24, 2003, the Environmental Protection Agency reclassified or "bumped up" by operation ofthe law the Baton Rouge ozone nonattainment area from a classification of "serious" to "severe", effective June 23, 2003 (68 FR 20077). The five-parish Baton Rouge ozone nonattainment area includes the parishes ofAscension, East Baton Rouge, Ibervil1e, Livingston, and West Baton Rouge. Under Section I82(i) of the 1990 Clean Air Act Amendments (CAAA), serious ozone nonattainment areas reclassified to severe are required to submit State Implementation Plan revisions addressing the severe area requirements for the one-hour ozone National Ambient Air Quality Standard. Under Section 182(d) ofthe 1990 CAAA, severe area plans must include requirements for RACT rules for sources ofVOC emissions of25 tons per year, which is the new lower major threshold in the five-parish Baton Rouge ozone nonattainment area. This Rule is also arevision to the Louisiana State Implementation Plan for air quality. The basis and rationale for this Rule are to comply with the provisions ofthe 1990Clean AirActAmendments.

This Rule meets an exception listed in R.S. 30:2019(D)(2) and R.S. 49:953(G)(3); therefore, no report regarding environmentallhealth benefits and social/economic costs is required. This Rule has no known impact on family formation, stability, and autonomy as described in R.S. 49:972. 0404#02

Control ofEmission ofOrganic Compounds (LAC 33:111.2104,2108,2115,2123,2125, 2143,2147,2149,2151, and 2 I53)(AQ236) § 07. Accessibility

. If a request for confidentiality is granted, suc con Identiality shall not prevent the necessary use of t e info ation or records by department employees or d y autho ized officers or employees of local, state, or fed ral govern ents in carrying out their responsibilities under law. The sec etary orthe secretary's designee must duly aut orize any of cer or employee of local, state, or ederal govemme t who seeks access to confidential info tion or records.

AUTHOR J'Y NOTE: Promulgated III 30:2030 and 3 :2074.

HISTORlC NOTE: Promulgated by the D artment of Environmental uality, Office ofthe Secretary, LR 22:343 (May 1996), amended by the Office of Environment Assessment, Environmental PI ning Division, LR 30:744 (Ap

. 2004). §508. Mainte nee ofConfidential Info ation

Repealed. AUTHORlTYNO E: Promulgated 30:2030.

HISTORlCALNOT : Environmental Quality, ffice ofthe Secre ry, LR 22:343 (May 1996), repealed by the Office of Envi onmental Assessment, Environmental Planning Dvision, LR 30:7 4 (April 2004). §509. Release ofCon dential Int rmation or Records

A. Information or rec rds that e declared confidential to prevent impairment an going investigation or prejudice to the final decisi n re rding a violation will be made available for public in ec ion upon conclusion ofthe investigation or rendition of final decision regarding a violation.



### B. All other information 0 records that are declared confidential are subject to pu lie isclosure three years from the date of determinatio of onfidentiality, unless a complete request for c tinuan e of confidentiality is received no later than 180 days prio to the expiration ofthe three-yearperiod.



### C. The submitter or records or the submitter's successor notify the secretary, by authentic act, of ny information record that is no longer considered t be confidential an shall release the secretary from any sponsibility with reg d to any claim of confidentiality con eming that record orin rmation.

D. Renewal . a grant of confident! lity is at the discretion ofthe ecretary.

AUTHORlTY OTE: Promulgated III accor 30:2030.

HISTORlC Promulgated by the Environmenta Quality, Office ofthe Secretary, LR 1996), amen ed by the Office of Environmental ssessment, Environmen al PlanningDivision, LR 30:744 (April 200 ). §Sll. isclosure ofConfidential Records or nformation A. y employee or former employee ofthe depa ne acting as a representative ofthe secretary fthe depa ent who is convicted of intentional disclosu cons iracy to disclose trade secrets or other information has been determined to be confidential is guilty 0 mi demeanor and, upon conviction, shall be punished by fi e ofnot more than $1,000, imprisonment for up to on

ear, or both.

Louisiana Register Vol. 30, NO.4 April20, 2004 744Title 

### 33 ENVIRONMENTAL QUALITY Part

### III. Air Chapter 21. Control ofEmission ofOrganic Compounds SubchapterA. General §2104. Crude Oil and Condensate

A. Applicability. This Section applies to any oil and gas production facility (SIC Code 1311), natural gas processing plant (SIC Code 1321), or natural gas transmission facility (SIC Code 4922) that has a potential to emit 25 Tons Per Year (TPY) or more offlash gas to the atmosphere in the parishes of Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge; 50 TPY or more offlash gas to the atmosphere in the parish ofCalcasieu; or 100 TPY or more offlash gas to the atmosphere in any otherparish.

B.
- c.1.

2. For facilities in the parishes of Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge with a potential to emit less than 250 tons per year offlash gas, aggregated facility flash gas emissions shall be reduced by a minimum of95 percent or reducedto a potential to emit of less than 25 TPY by means of a federally enforceable permit revision that permanently restricts production, hours ofoperation, and/or capacity utilization or other equivalent control and requires the maintenance of records to demonstrate compliance with the permitrestrictions. 3. For facilities in the parish of Calcasieu with a potential to emit less than 250 tons per year of flash gas, aggregated facility flash gas emissions shall be reduced by a minimum of95 percent or reduced to a potential to emit of less than 50 TPY by means ofa federally enforceable permit revision that permanently restricts production, hours of operation, and/or capacity utilization or other equivalent control and requires the maintenance of records to demonstrate compliance with the permitrestrictions. 4. For facilities in parishes other than Ascension, Calcasieu, East Baton Rouge,Iberville, Livingston, and West Baton Rouge with a potential to emit less than 250 tons per year of flash gas, aggregated acility flash gas emissions shall be reduced by a minimum of95 percent orreduced to a potential to emit of less than 100 TPY by means of a federally enforceable permit revision that permanently restricts production, hours of operation, and/or capacity utilization or other equivalent control and requires the maintenance ofrecords.to demonstrate compliance with the permit restrictions.

D.
- DJ. E. Compliance Schedule. For equipment located in the parishes of Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge, compliance shall be achieved as soon as practicable, but no later than September I, 1998. For equipment located in the parish of Calcasieu with a potential to emit less than 100 TPY, compliance shall be achieved as soon as practicable, but no later than August 20, 2003. For all other facilities compliance shall be achieved as soon as practicable, but no later than May I, 1999. A facility that has become subject to this regulation as a result ofa revision ofthe regulation shall comply with the requirements 'ofthis Section as soon as practicable, but in no event later than one year from the promulgation of the regulation revision. 745 F.- G.5. AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 23: 1497 (November 1997), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 28: 1764 (August 2002), LR 30:745 (April 2004). §2108. Marine Vapor Recovery

A. Applicability. An affected facility is any marine loading operation serving ships and/or barges loading crude oil, gasoline, or volatile organic compounds (YOC) with an uncontrolled emission of25 tons per year (TPY) or more of VOC in the parishes of Ascension, East Baton Rouge, lberville, Livingston, and West Baton Rouge, or 100 TPY or greater of VOC in any other parish. Emissions from VOC with a true vapor pressure ofless than 1.5 psia at the loading temperature of the liquid are exempt from the control requirements ofthis Section.

B.
- D.3.

4. A facility that has become subject to this regulation as a result ofa revision ofthe regulation shall comply with the requirements ofthis Section as soon as practicable, butin no event later than one year from the promulgation ofthe regulation revision.

E.
- H.2. AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office ofAir Quality and NuclearEnergy, Air Quality Division, LR 14:704 (October 1988), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 16:959 (November 1990), LR 22:1212 (December 1996), LR 23:1678 (December 1997), LR 24:20 (January 1998), LR 24: 1285 (July 1998), amended by the Office ofEnvironmental Assessment, Environmental Planning Division, LR 26:2452 (November 2000), LR 30:745 (April 2004). §211S. Waste Gas Disposal

Any waste gas stream containing volatile orgamc compounds (YOC) from any emission source shall be controlled by one· or more of the applicable methods set forth in Subsections A-G ofthis Section. This Section shall apply to all waste gas streams located at facilities that have the potential to emit 25 TPY or more ofVOC in the parishes ofAscension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge; 50 TPY or more ofVOC in the parishes of Calcasieu and Pointe Coupee; or 100 TPY or more of VOC in any other parish. This Section does not apply b waste gas streams that must comply with a control requirement, meet an exemption, or are below an applicability threshold specified in another section of this Chapter. This Section does not apply to waste gas streams that are required by another federal or state regulation to implement controls that reduce VOC to a more stringent standardthan wouldberequiredby this Section.

A.-H.1. a. it can be demonstrated that the waste gas stream is not a part ofa facility that emits, or has the potential to
. emit, 25 TPY or more ofYOC in the parishes ofAscension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge; 50 TPY or more ofVOC in the parishes ofCalcasieu

Louisiana Register Vol. 30, NO.4

..April20, 2004and Pointe Coupee; or 100 TPY or more of VOC III any other parish;

H.l.b.

- 1.5. 

### 1. Compliance. All facilities affected by this Section shall be in compliance as soon as practicable but in no event later than August 20, 2003. A facility that has become subject to this regulation as a result of a revision of the regulation shall comply with the requirements ofthis Section as soon as practicable, but in no event later than one year from the promulgation ofthe regulation revision.

1.1.
- M. Waste Gas Stream. 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), amendedby the Office of Air Quality and Radiation Protection, Air Quality Division, LR 16:960 (November 1990), LR 17:654 (July 1991), LR 18:1122 (October 1992), LR 19:317 (March 1993), LR 22:1212 (December 1996), LR 24:21 (January 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR28: 1764 (August 2002), LR 30:745 (April 2004). Subchapter B. Organic Solvents §2123. Organic Solvents

A.
- D.7. a. the affected portion of the facility will not emit 25 tons per year (TPY) or more of VOC if the facility is located in the parish of Ascension, East Baton Rouge, Iberville, Livingston, or West Baton Rouge, or 50 TPY or more ofVOC iflocated in any other parish;

D.7.b. GRepair and Maintenance Thermoplastic Coating.



### H. Timing. A facility that has become subject to this regulation as a result of a revision of the regulation shall comply with the requirements of this Section as Soon as practicable, but in no event later than one year from the promulgation oftheregulation revision.

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

HISTORICALNOTE: Promulgated by th.e Department of Environmental Quality, Office ofAir Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 16: 119 (February 1990), amended by the Office ofAir Quality and Radiation Protection, Air Quality Division, LR 17:654 (July 1991), LR 18:1122 (October 1992), LR 22:340 (May 1996), LR 22:1212 (December 1996), LR 23: 1678 (December 1997), LR 24:23 (January 1998), LR24: 1285 (July 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 25: 1240 (July 1999), LR 26:2453 (November 2000), LR 28: 1765 (August2002), LR 30:746 (April 2004). Subchapter 

### C. Vapor Degreasers §2125. Vapor Degreasers

A.

- C.2.j. D. Exemptions. Except as required in this Subsection, a vapor degreaser emitting 100 pounds (45 kilograms) or less of volatile organic compounds (VOC) in any consecutive 24-hour period (uncontrolled) is exempt from the provisions of this Section provided the total emissions from all the vapor degreasers at the facility combined are less than 100 tons per year ofVOC, uncontrolled. Ifthese two conditions are not met, the provisions ofthis Section must apply. For the parishes of Ascension, Calcasieu, East Baton Rouge, Iberville, Livingston, Pointe Coupee, and West Baton Rouge, the requirements ofthis Section apply to all solvent metal cleaners, except as follows. LouiSiana Register Vol. 30, NO.4 April20, 2004 746 

### D.l.

- G 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), amendedby the Office of Air Quality and Radiation Protection, Air Quality Division, LR \6:962 (November 1990), LR 18:1122 (October 1992), LR 22:1212 (December 1996), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 28: 1765 (August 2002), LR 30:746 (April 2004). Subchapter H. Graphic Arts §2143. Graphic Arts (Printing) by Rotogravure and Flexographic Processes A. Control Requirements. No person shall operate or allow the operation ofa packaging rotogravure, publication rotogravure, or flexographic printing facility having a potential to emit 25 TPY or more ofVOC in the parishes of Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge; having a potential to emit 50 TPY or more of VOC in the parishes of Calcasieu and Pointe Coupee; or having a potential to emit 100 TPY or more of

.VOC in any other parish, unless VOC emissions are

controlledby one ofthe methods in Paragraphs A.1-5 ofthis Section. Once a facility is subject to the provisions ofthis Section, it remains so regardless of future variations in production. \.

- 5. '" B. Applicability Exemption. A rotogravure or tlexographic printing facility that has the potential to emit, at full production (8760 hours per year basis), a combined weight of VOC of less than 25 TPY in the parishes of Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge; less than 50 TPY in the parishes of Calcasieu and Pointe Coupee; or less than 100 TPY in any other parish, calculated from historical records of actual consumption of ink, is exempt from the provisions of Subsections A and C ofthis Section and need only comply with Subsection D ofthis Section.

C.

- D.3. 

### E. Timing. A facility that has becom: subject to this regulation as a result of a revision of the regulation shall comply with the requirements of this Section as soon as practicable, but in no event later than one year from the promulgation ofthe regulation revision.

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 QualityDivision, LR 13:741 (December 1987), amendedby the OffIce of Air Quality and Radiation Protection, Air Quality Division, LR 16:964 (November 1990), LR 18: 1123 (October 1992), LR 22: 1212 (December 1996), LR 24:25 (January 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 25: 1796 (October 1999), LR 28: 1765 (August 2002), LR 30:746 (April 2004). SubchapterJ. Limiting Volatile Organic Compound (VOC) Emissions from Reactor Processes and Distillation Operations in the Synthetic Organic Chemical Manufacturing Industry (SOClVlI) §2147. Limiting VOC Emissions from SOCiYII Reactor Processes and Distillation Operations A. Applicability1. The provisions ofthis Subchapter apply to any vent stream discharging to the atmosphere and originating from a process unit in which a reactor process or distillation operation is located. This Subchapter shall apply to all vents located at facilities that emit, or have the potential to emit, 25 tons per year (TPY) or more of volatile organic compounds (VOC), plantwide, in the affected parishes of Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge, or 50 TPY or more of VOC in the parishes ofCalcasieu and Pointe Coupee. Once an operation is considered to be covered by this Subchapter, it shall be so considered ad infinitum. A decision tree is provided (Figure I) to facilitate determination of applicability to this Subchapter on a per vent basis. The total resource effectiveness (TRE) index value may be applied on an individual process vent stream basis for a given process unit. Compliance with this rule shall be attained within a period oftwo years after promulgation. A facility that has become subject to this regulation as a result of a revision of the regulation shaH comply withthe requirements ofthis Section as soon as practicable, but in no event later than one year from the promulgation of the regulation revision. Any emission source that is subject to this rule and to the Waste Gas Disposal Rule (LAC 33:III.2115) shaH comply with this rule only. This rule shall apply only to Standard Industrial Major Code 28.

A.2.

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

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, AirQuality Division, LR21 :380 (April 1995), amended LR 22:1212 (December 1996), LR 23:1508 (November 1997), LR 23:1510 (November 1997), LR 23:1679 (December 1997), LR 24: 1286 (July 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 30:746 (Apnl 2004). Subchapter K. Limiting Volatile Organic Compound (VOC) Emissions from Batch Processing §2149. Limiting VOC Emissions from Batch Processing

A. Applicability 

### 1. The provisions ofthis Subchapter apply to process vents associated with batch processing operations. This Subchapter shall apply to the stationary sources that emit, or have the potential to emit, 25 tons peryear (TPY) ormore of VOC in the affected parishes of Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge, or. 50 TPY or more ofVOC in the parishes ofCalcasieu and Pomte Coupee. Once an operation is considered to be covered by this Subchapter, it shall be so considered ad infinitum. The scope ofaffected industries is limited to those industries in the following standard industrial classification (SIC) codes: 2821, 2833, 2834, 286], 2865, 2869, 2879. Compliance with this rule shall be attained within a period oftwo years after promulgation. A facility that has become subject to this regulation as a result of a revision of the regulation shall comply with the requirements of this Section as soon as practicable, but in no event later than one year from the promulgation of the regulation revision. Any emission source that is subject to this rule and to the Waste Gas Disposal Rule (LA C 33:111.2] 15) shall comply with this rule only.

A.2.

- G.2.c.v.

... 747 AUTHORITY NOTE: Promulgated in accordance WIth R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, AirQuality Division, LR21 :387 (April 1995), amended LR 22: 1212 (December 1996), LR 23:I507 (November 1997), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 30:747 (April 2004). Subchapter L. Limiting Volatile Organic Compound (VOC) Emissions from Cleanup Solvent Processing §2151. Limiting VOC Emissions from Cleanup Solvent Processing A. Applicability. The provisions ofthis Subchapter apply to stationary sources that emit, or have the potential to emit, 25 TPY or more of VOC and conduct one or more ofthe affected cleaning operations in the parish ofAscension, East Baton Rouge, Iberville, Livingston, or West Baton Rouge, or 50 TPY or more of VOC and conduct one or more ofthe affected cleaning operations in the parish of Calcasieu or Pointe Coupee. Once a source is subject to this Subchapter, it shall be so ad infinitum. Affected cleaning operations are ones that use solvents in the following operations:

A.I.-E. F. Timing. A facility that has become subject to this regulation as a result of a revision of the regulation shall comply with the requirements of this Section as soon as practicable, but in no event later than one year from the promulgation ofthe regulation revision.

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

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, AirQuality Division, LR21:391 (Apnl 1995), amended LR24:25 (January 1998), amendedby the Office ofEnvironment..al Assessment, Environmental Planning Division, LR 26:24)3 (November2000), LR30:747 (April 2004). Subchapter M. Limiting Volatile Organic Compound (VOC) Emissions From Industrial Wastewater §2153. Limiting VOC Emissions From Industrial Wastewater A. Definitions. Unless specifically defined in LAC 33:III.III, the terms in this Chapter shall have the meanings normally used in the field of air pollution control. Additionally the following meanings apply, unless the context clearly indicates otherwise.



### Affected Source Category" any facilities ofthe following source categories located in the parishes ofAscension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge and having the potential to emit 25 TPY or more ofYOC, or located in the parishes ofCalcasieu and Pointe Coupee and having the potential to emit 50 TPY or more ofVOC: a. - d. ;. ;. ;. B.
- H.S. 

### 1. Parishes and Compliance Schedules. For the affected facilities in the parishes ofAscension, Calcasieu, East Baton Rouge, Iberville, Livingston, Pointe Coupee, and West Baton Rouge, any person who is the owner or operator of**~n** affected source category within a plant shall be m compliance with these regulations no later than November 15, 1996. If an additional affected VOC wastewater stream
Louisiana Register Vol. 30, NO.4 April20, 2004Title 

### 33 YIRONMENTAL QUALI Part 

### III. Air Chapter 22. C ntrol ofEmissions of I trogen Oxides (N 

### J §2201. Affected F cilities in the Bato Nonattain entArea and the A. -A.3. B. Definitions. U less specific ly defined in this Subsection or in LAC 3:IILlll or 02, the words, terms, and abbreviations in thi Chapter all have the meanings commonly used in the eld of ir pollution control. For purposes ofthis Chapter 0 ly, the ollowing definitions shall supersede any definitions in LAC 33 :III.III or 502. I 90 CAAA, severe area plans must include requirement fo RACT rules for sources ofNOx emissions of25 tons p r yea which is the new lower major source threshold in e five- arish Baton Rouge ozone nonattainment area. his Rule also a revision to the Louisiana State Implemen tion Plan D air quality. The basis and rationale ofthis R e are to com ly with the provis ions of the 1990 Clean ir Act Amend ents.

This R Je meets an exception listed in R.S. 30:2 and R.S. 49:953(G)(3); therefore, no report environme allhealth benefits and social/econo c costs is required. T is Rule has no known impact on family formation, s bility, and autonomy as descr' ed in R.S. 49:972. is generated as a result ofa process change, the wastewater shall be in compliance with this Section upon initial startup or by November 15, 1998, whichever is later, unless the owner or operator demonstrates to the administrative authority* that achieving compliance will take longer. Ifthis demonstration is satisfactory to the administrative authority*, compliance shall be achieved as expeditiously as practicable, but in no event later than three years after the process change. An existing wastewater stream that becomes an affected VOC wastewater stream due to a process change must be in compliance with this Section as expeditiously as practicable, but in no event later than three years after the process change. A facility that has become subject to this regulation as a result of a revision of the regulation shall comply with the requirements of this Section as soon as practicable, but in no event later than one year from the promulgation ofthe regulationrevision.

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

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and RadIation Protection, Air Quality DivisIOn, LR 21 :936 (September 1995), amended LR 22:1212 (December \996), LR 24:26 (January 1998), LR 25:850 (May 1999), amended by the Office ofEnvironmental Assessment, Environmental Planning Division, LR 26:2453 (November 2000), LR 28: 1765 (August 2002), LR 30:747 (April 2004).
James H. Brent, Ph.D. Assistant Secretary Affected Facility" any fa

. ity within the Baton Rouge Nonattainment Area with one r more affected point sources that collectively emit or have t11 potential to emit 25 tons or more per year ofNOx, unle s e empted in Subsection C of this Section, or any facilit with the Region of Influence with one or more affect point sources that collectively emit or have the potentia to emit 5 tons ormore per year of NOx, unless exempted i Subsection C ofthis Section.

* * *

* * * Averaging Capac Iy" the average actual heat input rate in million 13ritish th al units per h r (MMBtulhour) at which an affected p. int source operate during the ozone season ofthe two c lendar years of2000 and 200I (e.g., the total heat input for. the period divided by e actual hours of operation for the arne period). Another pe 'od may be used to calculate th averaging capacity if a proved by the department. Fo units with permit revisio s that legally curtailed capa ty or that were permanently s ut down after 1997, the ave aging capacity is the average act al heat input during the I st two ozone seasons of operatio before the curtailment r shutdown. Com ined Cycle" a combustion quipment configur tion that generates electrical or mechanic I power with a stationary gas or liquid-fired turbine a d/or a station ry internal combustion engine and that recov s heat from he discharge within equipment to heat wa er or gene ate steam. Low Ozone Season Capacity Factor Boiler or Proc ss H ateriFumace" a boiler or process heater/furnace in e

aton Rouge Nonattainment Area with maximum rat apacity greater than or equal to 40 MMBtu/hour and ozon RULE 04#056

Control fEmissions ofNitrogen Oxi LAC 33:IIL2201)(AQ234 Department ofEnvironmental Quality

Office ofEnvironmental Assessment

Environmental Planning Division

Under the autho 'ty of the Environ ental Quality Act, R.S. 30:2001 et seq., nd in accorda e with the provisions ofthe Administrative P cedure Act .S. 49:950 et seq., the secretary has amended tll Airreg ations, LAC 33:III.2201 (Log#AQ234).

The revision provisions r sonably available control technology (RACT) rules D sources of nitrogen oxides (NOx) emissions in the e- rish Baton Rouge ozone nonattainment area that a subje to the new lower major stationary source thresh d of25 to per year. The revision also includes Rule cI ifications. 

### 0 April 24, 2003, the Environmental Prote tion Agency rec ssified or "bumped up" by operatio of law the Bat n Rouge ozone nonattainment ar a from a classification of "serious" to "severe", effec 've June 23, 2003 (68 F 20077). The five-parish Ba n Rouge ozone nonattainment rea includes the parishe of Ascension, East Baton Roug Iberville, Livingsto and West Baton Rouge. Under Sectio 182(i) of the 1990 lean Air Act Amendments (CAAA), serio ozone nonatt
. ment areas reclassified to severe are requi d to subm' State Implementation Plan revisims addressin the b sev e area requirements for the one-hour ozone Natio al A bient Air Quality Standard. Under Section 182(d) ofth Louisiana Register Vol. 30, No.4 April20, 2004 748

### Department ofEnvironmental Quality Office ofEnvironmental Assessment

Environmental PlanningDivision

Louisiana Register Vol. 29, No. 08 Auqust20. 2003 

### NOTICE OF INTENT

Under the authority of the Environmental Quality Act,

. R.S. 30:2001 et seq., and in accordance with the provisions ofthe Administrative ProcedureAct, R.S. 49:950 et seq., the secretary gives notice that rulemaking procedures have been initiated to amend the Air regulations, LAC 33:III.2104, 2108,2115,2123,2125,2143,2147,2149,2151, and 2153 (Log#AQ236).

This Rule proposes reasonably available control technology (RACT) regulations for sources of VOC emissions in the five-parish Baton Rouge ozone nonattainment area that are subject to the new lower major stationary source threshold of 25 tons per year. This Rule also provides clarification to some languagethat was unclear or confusing. On April 24, 2003, the Environmental ProtectionAgency reclassified or "bumped up" by operation ofthe law the Baton Rouge ozone nonattainment area from a . classification of "serious" to "severe", effective June 23, 2003 (68 FR 20077). The five-parish Baton Rouge ozone nonattainment area includes the parishes ofAscension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge. Under Section 182(i) of the 1990 Clean Air Act Amendments (CAAA), serious ozone nonattainment areas reclassified to severe are required to submit

.State Implementation Plan revisions addressing the severe area requirements for the one-hour ozone National Ambient Air Quality Standard. Under Section 182(d) ofthe 1990 CAAA, severe area plans must include requirements for RACT rules for sources ofVOC emissions of25 tons per year, which is the new lower major threshold in the five-parish Baton Rouge ozone nonattainment area. This Rule is also being proposed as arevision to the Louisiana StateImplementation Plan for air quality. The basis and rationale for this Rule are to comply with the provisions of the 1990 Clean Air Act Amendments.

This proposed Rule meets an exception listed in R.S. 30:2019(D)(2) and R.S. 49:953(G)(3); therefore, no report regarding environmental/healthbenefits and social/economic costs is required. This proposed Rule has no known impact on family formation, stability, and autonomy as described in R.S. 49:972. Control ofEmissionofOrganic Compounds (LAC 33:III.2104, 2108, 2115, 2123, 2125, 2143,2147,2149,2151, and2153)(AQ236)

Title 33 ENVIRONMENTAL QUALITY PartIII. Air Chapter 21. Control ofEmission ofOrganic Compounds SubchapterA. General §2104. Crude Oil and Condensate

A. Applicability. This Section applies to any oil and gas production facility (SIC Code 1311), natural gas processing plant (SIC Code 1321), or natural gas transmission facility (SIC Code 4922) that has a potential to emit 25 Tons Per Year (TPY) or more offlash gas to the atmosphere in 

### the RobertE. Hosse General Government Section Directo LegislativeFiscal Office 

### FISCAL AND ECONO MPACT STATEMENT FORADMINI T TIVE RULES RULE TITLE: Control fEmi ions ofNitrogen Oxides

commodation in order to partIcIpate, contact Ly 'lbanks at the address given below or at (225) 219-35 Fr parking is available across the street in the Ga ez par 'ng garage when the parking ticket is validate by depa mentpersonnel atthe hearing.

All interested persons are invited to submit comm ts on the proposed regulation. Persons co should ference this proposed regulation by AQ2 4. Such commen must bereceived no laterthan October 2003, at 4:30 p·.m., and should be sent to Lynn Wilbanks Office of Environme tal Assessment, Regulation D velopment Section, Bo 4314, Baton Rouge, LA 70821-4 40r to fax. (225) 219-3 2 or bye-mail to lynnw@ldeq. g. Copies of this proposed egulation can be purchased by ontacting the DEQ Public R cords Center at (225) 219- 168. Check or money orderis quiredin advance for each 0pY ofAQ234.

This proposed egulation is available fo inspection at the following DEQ 0 ce locations from 8 a. . until 4:30 p.m.: 602 N. Fifth Street, aton Rouge, LA70 02; 1823 Highway 546, West Monroe, A 71292; State Ice Building, 1525 Fairfield Avenue, S eveport, LA 7 101; 1301 Gadwall Street, Lake Charles, A70615; 201 vans Road, Building 4, Suite 420, New 

### 0 eans, LA 7 123; III New Center Drive, Lafayette, LA 7 08; 104 ococo Drive, Raceland, LA 70394 or on the Int et at ttp://www.deq.state.la.us/ planninglregs/index..htm.

I. ESTIMATED llvlPL STATEORLOCALGO S(Summazy) There are no 1m wn implement ion costs or savings to state or local gove ental units. II. ESTIMATEDEFFE ONREVENUEC LECI10NS OFSTATE ORLOCALGO !ENTALUNITS(Sl ) State govern ent emissions fee colle ions are estimated to be reduced by very minimal amount, probably less than $1,000, due to stimated reductions of70 80 tons per year that will resu from the changes being ade to the rule. Precise numb rs are notavailable. ill. ESTIMA COSTS AND/OR ECONOMIC TO DIRECTLY CTED PERSONS OR NONG AL GROUPS ( ) It is ticipated that this rule will affect abo that emi etween 25 and 50 tons per year ofnitro n oxides in the Bat Rouge ozone nonattainrnent area. Antic ated costs are be eved to be low, because some of these fae ities may alr«::a be operating at the required level or the may be t; but no supporting data is available.

TEDEFFECfONCOMPElTI10N AND EMPLO ) No significant effect on competition ticipated. Th mas C. Bickham, III U dersecretary 

## o 08#064parishes of Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge; more than 50 TPY of flash gas to the atmosphere in the parish of Calcasieu; or more than 100 TPY offlash gas to the atmosphere in any otherparish.



### B.-C.l.

2. For facilities in the parishes of Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge with a potential to emit less than 250 tons per year offlash gas, aggregated facility flash gas emissions shall be reduced by a minimum of 95 percent or, by means of a federally enforceable permitrevision, reduced to apotential to emit of less than 25 TPY. 3. For facilities in the parish of Calcasieu with a potential to emit less than 250 tons per year offlash gas, aggregated facility flash gas emissions shall be reduced by a minimum of 95 percent or, by means of a federally enforceable permitrevision, reduced to apotential to emit of less than 50TPY. 4. For facilities in parishes other than Ascension, Calcasieu, EastBatonRouge, Iberville, Livingston, and West Baton Rouge with a potential to emit less than 250 tons per year of flash gas, aggregated facility flash gas emissions shall be reduced by a minimum of95 percent or, by means of a federally enforceable permit revision, reduced to a potential to emitofless than 100TPY.



### D.

-D.3. E. Compliance Schedule. For equipment located in the parishes of Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge, compliance shall be achieved as soon as practicable, but no later than September I, 1998. For equipment located in the parish ofCalcasieu with a potential to emit less than 100 TPY, compliance shall be achieved as soon as practicable, but no later than August 20, 2003. For all other facilities compliance shall be achieved as soon as practicable, but no later than May I, 1999. A facility that has become subject to this regulation as a result ofa revision ofthe regulation shall comply with the requirements ofthis Section as soon as practicable, but in no event later than one year from the promulgation of the regulation revision.



### F.
- 

### G.5. AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 23: 1497 (November 1997), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 28: 1764 (August 2002), LR 29: 

### §2108. MarineVaporRecovery

. A. Applicability. An affected facility is any marine loading operation serving ships and/or barges loading crude oil, gasoline, or volatile organic compounds (VOC) with a potential to emit 25 tons per year (TPY) ormore ofVOC in the parisbes of Ascension, East Baton Rouge, Iberville, Livingston, and West BatonRouge, or 100TPY or greaterof VOC in any other parish. Emissions from VOC with a true vapor pressure of less than 1.5 psia at the loading temperahlre of the liquid are exempt from the control requirements ofthis Section.



### B. -D.3.

Louisiana Register Vol. 29, No. 08 August20, 2003 1678 4. A facility that has become subject to this regulation as a result ofa revision ofthe regulation shall comply with the requirements ofthis Section as soon as practicable, but in no event later than one year from the promulgation ofthe regulation revision.



### E. -H.2. 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 14:704 (October 1988), amended by the Office of Air Quality and Radiation Protection, Air Quality Division, LR 16:959 (November 1990), LR 22:1212 (December 1996), LR 23: 1678 (December 1997), LR 24:20 (January 1998), LR 24: 1285 (July 1998), amended by the Office ofEnvironmental Assessment, Environmental Planning Division, LR 26:2452 (November 2000), LR29: 

### §2115. Waste Gas Disposal

Any waste gas stream contammg volatile organic compounds (VOC) from any emission source shall be controlled by one or more of the applicable methods set forth in Subsections A-G ofthis Section. This Section shall apply to all waste gas streams located at facilities that have the potential to emit 25 TPY ormore ofVOC in the parishes ofAscension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge; 50 TPY or more ofVOC in the parishes of Calcasieu and Pointe Coupee; or 100 TPY or more of VOC in any other parish. This Section does not apply to waste gas streams that must comply with a control requirement, meet an exemption, or are below an applicability threshold specified in another section of this Chapter. This Section does not apply to waste gas streams that are required by another federal or state regulation to implement controls that reduce VOC to a more stringent standard than wouldbe requiredby this Section.



### A.

- H.l. a. it can be demonstrated that the waste gas stream is not a part ofa facility that emits, or has the potential to emit, 25 TPY or more ofVOC in the parishes ofAscension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge; 50 TPY ormore ofVOC in the parishes ofCalcasieu and Pointe Coupee; or 100 TPY or more ofVOC in any otherparish;



### H.l.b.

- 1.5. 

### J. Compliance. All facilities affected by this Section shall be in compliance as soon as practicable but 

### in no event later than August 20, 2003. A facility that has become subject to this regulation as a result of a revision of the regulation shall comply with the requirements ofthis Section as soon as practicable, but in no event later than one year from the promulgation ofthe regulation revision

.



### J.l.

-M.Waste GasStream. AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office ofAir Quality and Nuclear Energy, Air QualityDivision, LR 13:741 (December 1987), amendedbythe Office of Air Quality and Radiation Protection, Air Quality Division, LR 16:960(November 1990), LR 17:654 (July 1991), LR 18:1122 (October 1992), LR 19:317 (March 1993), LR 22:1212 (December 1996), LR 24:21 (January 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR28: 1764(August 2002), LR29:

### SubchapterB. Organic Solvents §2123. Organic Solvents

A. -D.7. a. the affected portion ofthe facility will not emit more than 25 tons per year (TPY) ofVOC ifthe facility is located in the parish of Ascension, East Baton Rouge, Iberville, Livingston, orWest Baton Rouge, ormore than 50 TPY ofVOC iflocated in any otherparish;

D.7.b.

- 

### G.Repair and Maintenance Thermoplastic Coating.

H. 

### Timing. A facility that has become subject to this regulation as a result of a revision of the regulation shall comply with the requirements of this Section as soon as practicable, but in no event later than one year from the promulgationofthe regulationrevision.

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 16:119 (February 1990), amended by the Office ofAir Quality and Radiation Protection, Air Quality Division, LR 17:654 (JlJly 1991), LR 18:1122 (October 1992), LR 22:340 (May 1996), LR 22:1212 (December 1996), LR 23:1678 (December 1997), LR 24:23 (January 1998), LR 24: 1285 (July 1998), amendedby the Office of Environmental Assessment, Environmental Planning Division, LR 25:1240 (July 1999), LR 26:2453 (November 2000), LR 28:1765 (August 2002), LR 29: 

### SubchapterC. VaporDegreasers §2125. VaporDegreasers



### A.

- C.2.j

... , D. Exemptions. Except as required in this Subsection, a vapor degreaser emitting 100 pounds (45 kilograms) or less· of volatile organic compounds (VOC) in any consecutive 24-hourperiod (uncontrolled) is exempt from the provisions of this Section provided the total emissions from all the vapor degreasers at the facility combined are less than 100 tons per year ofVOC, uncontrolled. Ifthese two conditions are not met, the provisions ofthis Section must apply. For the parishes of Ascension, Calcasieu, East Baton Rouge, Iberville, Livingston, Pointe Coupee, and West Baton Rouge, the requirements ofthis Section apply to all solvent metal cleaners, exceptas follows.

D.1.-G. AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office ofAir Quality and Nuclear Energy, AirQuality Division, LR 13:741 (December 1987), amendedby the Office of Air Quality and Radiation Protection, Air Quality Division, LR 16:962 (November 1990), LR 18:1122 (October 1992), LR 22:1212 (December 1996), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 28: 1765 (August2002), LR29: 

### Subchapter H. 

### GraphicArts §2143. GraphicArts (Printing) by Rotogravure and Flexographic Processes A. Control Requirements. No person shall operate or allow the operation ofa packaging rotogravure, publication rotogravure, or flexographic printing facility having a potential to emit 25 TPY or more ofVOC in the parishes of Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge; having a potential to emit 50 TPY or more of VOC in the parishes of Calcasieu and Pointe 1679 Coupee; or having a potential to emit 100 TPY or more of VOC in any other parish, unless VOC emissions are controlled by one ofthe methods in Paragraphs A.l-5 ofthis Section. Once a facility is subject to the provisions ofthis Section, it remains so regardless of future variations in production. 1.

- 5.

... B. Applicability Exemption. A rotogravure or flexographic printing facility that has the potential to emit, at full production (8760 hours per year basis), a combined weight of VOC of less than 25 TPY in the parishes of Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge; less than 50 TPY in the parishes of Calcasieu and Pointe Coupee; or less than 100 TPY in any other parish, calculated from historical records of actual consumption of ink, is exempt from the provisions of Subsections A and C ofthis Section and need only comply with Subsection D ofthis Section.



### C.

-D.3. E. Timing. A facility that has become subject to this regulation as a result of a revision of the regulation shall comply with the requirements of this Section as soon as practicable, but in no event later than one year from the promulgation oftheregulation revision.

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), amendedby the Office of Air Quality and Radiation Protection, Air Quality Division, LR 16:964 (November 1990), LR 18: 1123 (October 1992), LR 22:1212 (December 1996), LR 24:25 (January 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 25: 1796 (October 1999), LR 28: 1765 (August 2002), LR 29:



### .Subchapter

### J. Limiting Volatile Organic Compound (VOC) Emissions from Reactor Processes and Distillation Operations in the Synthetic Organic Chemical Manufacturing Industry (SOCMI) §2147. Limiting VOC Emissions from SOCMI Reactor Processes and Distillation Operations A. Applicability 1. The provisions ofthis Subchapterapply to any vent stream discharging to the atmosphere and originating from a process unit in which a reactor process or distillation operation is located. This Subchapter shall apply to all vents located at facilities that emit, or have the potential to emit, 25 tons per year (TPY) or more of volatile organic compounds (VOC), plantwide, in the affected parishes of Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge, or 50 TPY or more of VOC in the parishes ofCalcasieu and Pointe Coupee. Once an operation is considered to be covered by this Subchapter, it shall be so considered ad infinitum. A decision tree is provided (Figure 1) to facilitate determination of applicability to this Subchapter on a per vent basis. The total resource effectiveness (TRE) index value may be applied on an individual process vent stream basis for a givenprocess unit. Compliance with this rule shall be attained within a period oftwo years after promulgation. A facility that has become subject to this regulation as a result of a revision of the regulation shall comply with the requirements ofthis Section
Louisiana Register Vol. 29, No. 08 August20, 2003

### as soon as practicable, but in no event later than one year from the promulgation of the regulation revision. Any emission source that is subject to this rule and to the Waste Gas Disposal Rule (LAC 33:II1.2115) shall comply with this rule only. This rule shall apply only to Standard Industrial Major Code 28.

A.2.

-Figure 1. 

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



### HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 21 :380 

### (April 1995), 

### amended LR 22:1212 

### (December 1996), 

### LR 23:1508 

### (November 1997), 

### LR 23: 15IO 

### (November 1997), 

### LR 23: 1679 

### (December 1997), 

### LR 24: 1286 

### (July 1998), 

### amended by the Office of Environmental Assessment, EnvironmentalPlanning Division, LR 29: 

### Subchapter 

### K. Limiting Volatile Organic Compound (VOC) Emissions from Batch Processing §2149. 

### Limiting VOC Emissions from Batch Processing

A. Applicability 1. The provisions ofthis.Subchapter apply to process vents associated with batch processing operations. This Subchapter shall apply to the stationary sources that emit, or have the potential to emit, 25 tons peryear (TPY) ormore of VOC in the affected parishes of Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge, or 50 TPY ormore ofVOC in theparishes ofCaIcasieu andPointe Coupee. Once an operation is considered to be covered by this Subchapter, it shall be so considered ad infinitum. The scope ofaffected industries is limited to those industries in the following standard industrial classification (SIC) codes: 2821,2833,2834,2861,2865,2869,2879. Compliance with this rule shall be attained within a period oftwo years after promulgation. A facility that has become subject to this regulation as a result of a revision of the regulation shall comply with the requirements of this Section as soon as practicable, but in no event later than one year from the promulgation of the regulation revision. Any emission source that is subject to this rule and to the Waste Gas Disposal Rule (LAC 33:111.2115) shall comply with this rule only.

A.2.

- G.2.c.v.

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



### HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air QualityDivision, LR 21 :387 

### (April 1995), 

### amended LR 22:1212 

### (December 1996), 

### LR 23:1507 

### (November 1997), 

### amended by the Office of Environmental Assessment, EnvironmentalPlanningDivision, LR 29: 

### SubchapterL. 

### Limiting Volatile Organic Compound (VOC) Emissions from Cleanup Solvent Processing §2151. 

### Limiting VOC Emissions from Cleanup Solvent Processing

. A. Applicability. The provisions ofthis Subchapterapply to stationary sources that emit, orhave the potential to emit, 25 TPY or more ofVOC and conduct one or more ofthe affected cleaning operations 

### in the parish ofAscension, East Baton Rouge, Iberville, Livingston, orWestBaton Rouge, or 50 TPY or more ofVOC and conduct one or more ofthe affected cleaning operations in the parish of Calcasieu or Pointe Coupee. Once a source is subject to this Subchapter,

Louisiana Register Vol. 29, No. 08

.August20, 2003 

### 1680 it shall be so ad infinitum. Affected cleaning operations are ones thatuse solvents in the following operations:

A.I.

- E. 

### F. Timing. A facility that has become subject to this regulation as a result of a revision ofthe regulation shall comply with the requirements of this Section as soon as practicable, but in no event later than one year from the promulgation oftheregulationrevision.

.

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



### HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, AirQualityDivision, LR 21 :391 

### (April 1995), 

### amended LR 24:25 

### (January 1998), 

### amended by the Office ofEnvironmental Assessment, Environmental Planning Division, LR 26:2453 

### (November 2000), 

### LR29: 

### Subchapter M. 

### Limiting Volatile Organic Compound (VOC) Emissions From Industrial Wastewater §2153. 

### Limiting VOC Emissions From Industrial Wastewater A. Definitions. Unless specifically defined in LAC 33:III.111, the terms in this Chapter shall have the meanings normally used in the field of air pollution control. Additionally the following meanings apply, unless the context clearly indicates otherwise.



### AffectedSource Category any facilities ofthe following source categories located in the parishes ofAscension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge andhaving the potential to emit 25 TPY or more ofVOC, or located in the parishes ofCalcasieu and Pointe Coupee and having thepotential to emit 50TPY ormore ofVOC: a. - d. 

### * * * B. 

### -H.5. I. 

### Parishes and Compliance Schedules. For the affected facilities in the parishes ofAscension, Calcasieu, East Baton Rouge, Iberville, Livingston, Pointe Coupee, and West Baton Rouge, any person who is the owneror operatorofan affected source' category within a plant shall be in compliance with these regulations no later than November 15, 1996. Ifan additional affected VOC wastewater stream is generated as a result ofa process change, the wastewater shall be in compliance with this Section upon initial startup or by November 15, 1998, whichever is later, unless the owner or operator demonstrates to the administrative authority* that achieving compliance will take longer. Ifthis demonstration is satisfactory to the administrative authority*, compliance shall be achieved as expeditiously as practicable, but in no event later than three years after the process change. An existing wastewater stream thatbecomes an affectedVOC wastewater stream due to aprocess change must be in compliance with this Section as expeditiously as practicable, but in no event later than three years after the process change. A facility that has become subject to this regulation as a result of a revision of the regulation shall comply with the requirements of this Section as soon as practicable, but in no event later than one year from the promulgation ofthe regulationrevision.

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



### HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and RadiationRobertE. Hosse General Government SectionDirector Legislative Fiscal Office


### Department ofEnvironmental Quality

Office ofEnvironmental Assessment

Environmental Planning Division

ns Inventory, Toxics Emissions Reportin Related Fee Methodology (LA 33:III.211, 918, 919, and 5107)(AQ 0) Thomas C. Bickham, III Undersecretary 0308#062 compounds in the Baton Rouge ozone nonattainment area. Anticipatedcosts are believedto be low, because some ofthese facilities may already be operating at the required level or they may beexempt; butno supporting datais available. IV. ESTIMATEDEFFECTONCOMPETlTlONANDEMPLOYMENT (Summary) There is no estimated effect on competition and employment.



### NOTICE OF INTENT

Under the uthority of the Environmental R.S. 30:2001 e seq., and in accordance with e provIsions ofthe Administr tive Procedure Act, R.S. 49: 50 et seq., the secretary gives n ice that rulemaking proc ures have been initiated to amend e Air regulations, LA 33:IIL2I1, 918, 919, and 5107 (Log AQ220).

This Rule revision clarifies and upda s requirements for emissions inventory. ince parish att nment designations may change, the chart listing the d ignations have been removed. The defmitio of "signifi nt change" has been clarifiedin orderto preve tconfusi in its interpretation. In the past, the emissions inv tory h s been used toassess the criteria pollutant annual fee. Th' proposed Rule will link the emissions inventory d' ct to the appropriate fees section. Changes are being m e in order to correlate LAC 33:III.919 with the recent! promulgated Consolidated Emissions Reporting Rule (7 R 39602-39616, No. Ill, 6/10/02). PM2.5 and ammon' are ow specifically listed as required inventory polluta ts. No dditional data elements that are not already col cted in e inventory are being required in these chang , though m re are listed for Rule completeness. LAC 33 11.211 is bei clarified to ensure that proper facilitie are assessed ir Toxic Annual Emissions Fees. L C 33:II1.918 is being revised to strengthen the Ian age for regulatory urposes and for correlation with L C 33:II1.9I9. LAC 33: 11.5107 is being revised for house eeping purposes to corre t the submittal contact and ad ess and the certification s tement. This Rule is also be' g proposed as a revision to e Louisiana State Implem tation Plan for air quality. T basis and rationale fo the revision to emissions in entory is clarification d compliance with federal require ents. The fee metho logy and toxic emissions reporting ch ges are for clarifi tion.

This oposed Rule meets an exception listed i 30:201 D)(2) and R.S. 49:953(G)(3); therefore, no port regard' g environmentaVhealthbenefits and social/econ ic costs s required. This proposed Rule has no known im ct on 

### t mily formation, stability, and autonomy as described' R. .49:972.

. Protection, Air Quality Division, LR 21 :936 (September 1995), amended LR 22: 1212 (December 1996), LR 24:26 (January 1998), LR 25:850 (May 1999), amended by the Office ofEnvironmental Assessment, Environmental Planning Division, LR 26:2453 (November2000), LR 28: 1765 (August2002), LR29:

A public hearing will be held on September 24, 2003, at I:30 p.m. in the Galvez Building, Room CIll, 602 N. Fifth Street, Baton Rouge, LA 70802. The hearing will also be for the revision to the State Implementation Plan (SIP) to incorporate this proposed Rule. Interested persons are invited to attend and submit oral comments on the proposed amendments. Should individuals with a disability need an accommodation 

### in order to participate, contact Lynn Wilbanks at the address given below or at (225) 219-3550. Free parking is available across the street in the Galvez parking garage when the parking ticket is validated by departmentpersonnel at the hearing.

All interested persons are invited to submit written comments on the proposed regulation. Persons commenting should reference this proposed regulation by AQ236. Such comments mustbe received no laterthan October 1,2003, at 4:30 p.m., and should be sent to Lynn Wilbanks, Office of Environmental Assessment, Regulation Development Section, Box 4314, Baton Rouge, LA 70821-4314 or to fax (225) 219-3582 or bye-mail to lynnw@ldeq.org. Copies of this proposed regulation can be purchased by contacting the DEQ Public Records Center at (225) 219-3168. Check or money orderis required in advance for each copy ofAQ236.

This proposed regulation is available for inspection at the following DEQ office locations from 8 a.m. until 4:30 p.m.: 602 N. Fifth Street, Baton Rouge, LA70802; 1823 Highway 546, West Monroe, LA 71292; State Office Building, 1525 Fairfield Avenue, Shreveport, LA 71101; 1301 Gadwall Street, Lake Charles, LA 70615; 201 Evans Road, Building 4, Suite 420, New Orleans, LA 70123; III New Center Drive, Lafayette, LA 70508; 104 Lococo Drive, Raceland, LA 70394 or on the Internet at http://www.deq.state.la.us/ planninglregs/index.htm.



### FISCAL AND ECONOMIC IMPACT STATEMENT FORADMINISTRATIVE RULES RULE TITLE: Control ofEmission of Organic Compounds James H. Brent, Ph.D. Assistant Secretary

1. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATEORLOCALGOVERNMENTUNITS(SUITIlTIillY) There are no known implementation costs or savings to stateorlocal governmental units. II. ESTIMATEDEFFECTONREVENUECOLLECTIONS OFSTATE ORLOCALGOVERNMENTALUNITS(Summary) State government emissions fee collections are estimatedto be reduced by a very minimal amount, probably less than $1,000, due to estimated reductions ofapproximately 70 to 80 tons per year that will result from the changes being made to the rule. Precise numbers are notavailable. III. ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERNMENTAL GROUPS(Summary) It is anticipated that this rule will affect about 20 facilities that emit between 25 and 50 tons per year ofvolatile organic

1681 Louisiana Register Vol. 29, No. 08 August20, 2003Page 1 of 1 AQ236 Summary 

### Comment Summary Response 

### & Concise Statement

- AQ236 Amendments to the Air Quality Regulations Control of Emission of Organic Compounds LAC 33:III.2104, 2108, 2115, 2123, 2125, 2143, 2147, 2149, 2151, and 2153

Concise Statement arguments: FOR: [The reason supporting WHY the suggestion in the comment should be adopted by DEQ. Usually this is the commentor' s perspective.] AGAINST:



### COMMENT 1: [The reason WHY the department feels the suggestion should NOT be adopted.]


## § 21 04-The commentor supports the proposed amendments, particularly those allowing compliance through" a federally enforceable permit revision" in lieu of a mandatory 95% control requirement. Significant" cost effective" reductions can be achieved for these tanks through enforceable mechanisms other than vapor recovery and flaring which the 95% control would mandate. Since there are very few of those facilities located in the nonattainment areas of concern, the use of this option as a control strategy should have no significant negative impact to air quality. No arguments necessary; comment does not suggest amendment or change. RESPONSE 1: -The department appreciates the support.Page 1 of 1 AQ236 Key 

### Comment Summary Response 

### & Concise Statement Key

- - AQ236 Amendments to the Air Quality Regulations Control of Emission of Organic Compounds LAC 33 : I I I . 2104, 21 08, 2115, 2123, 2125, 2143, 2147, 2149, 215 1, and '2 

### 15 3



### COMMENT #

1 

### SUGGESTED BY Richard Metcalf/ 

### LMOGA

# LOUISIANA MID-CONTINENT OILAND GAS ASSOCIATION

801 NORTHBOULEVARD, SUITE 201, BATONROUGE, LA70802-5727 TELEPHONE (225) 387-3205 FAX (225) 344-5502 E-MAIL lmoga@lmoga.com
September30, 2003

Ms. Lynn Wilbanks Regulation Development Section Department ofEnvironmental Quality Post Office Box 4314 Baton Rouge, Louisiana 70821-4314 Re: Control ofVolatile Organic Compounds Amendments

- Log #AQ-236 DearMrs. Wilbanks: The Louisiana Mid-Continent Oil and Gas Association appreciates the opportunity to submit the following comments on the proposed amendments to the Chapter 21 Control ofVolatile Organic Compounds roles (Log #AQ-236) which appeared in the August 20, 2003 Louisiana Register. Mid-Continent is an industry trade association which represents individuals and companies who together produce, transport, refine and market crude oil, natural gas, petroleumproducts and electric powerin Louisiana. Several Mid-Continent members are subject to the Chapter21 Volatile Organic Compound rules and may be impacted by these amendments. Mid-Continent recognizes the Department is adopting these amendments as aresult ofthe reclassification ofthe Baton Rouge ozone compliance classification from "serious" to "severe". This change is accurately described in the Notice ofIntent for this rulemaking. Since the proposal includes the minimal changes needed to comply with the reclassification requirements, Mid-Continent supports the proposed amendments. ' Mid-Continent particularly supports the proposed amendments to the Section 2104 Crude Oil and Condensate provisions that allowcompliance through "a federally enforceable permit revision" in lieu ofa mandatory 95% control requirement. Significant "costeffective" reductions canbe achieved for these tanks through enforceable mechanisms otherthan vapor recovery and flaring which the 95% control would mandate. Since there are very few ofthose facilities located in the nonattainment areas ofconcern, the use ofthis option as a control strategy should have no significant negative impact to airquality. Once again, Mid-Continentappreciates the opportunity to submit these comments.
Sincerely,

Richard T. Metcalf Health, Safety and Environmental

Affairs Coordinator

# IFIED COpy RECEIVED

" 

# 'l/7!D 2; 

# x.uJ AUG 

# 19 2003 AFFIDAVIT OF PUBLICATIOl'
Ul.:V/OEA/EI'IJ 

# I REGUL\TION DEVf:l.OPMENT SFCTIO:-; 

# CERT

(A Correct Copy ofPublication )**.~** ,-..•_.--. --. j 

### I, LindaV. Ward, Call CenterSupervisor of THE TOWNTALK, published at Alexandria, Louisianado solemnly swearthat the

Public Notice advertisement, as per clipping attached, was

r one insertions commencing with the issue

ue dated August 13, 2003.

Subscribed and sworn to beforeme this 13th 

### day of August. 2003

Notary Public

1\'

# ~bt**~itttes-~itaJ!uttt. ~C~ER~T~IF~I~ED~·** **~C~~** 3800 HOWARD AVE. NEW ORLEANS, LA 70125-1429 TELEPHOf\lE(504)

## R~~~WED

LEGAL NYI'ICE 

# AUG 14 

# m

DEQIOEAIE!' LJ

. . . REGLIL\TION DEVEl.OI>MENT SFt" II\):-'



### Sworn to and subscribed before me this 12th**~-,--** 

### __day of

__**~,,--~** 

### __**--;-_~** 

### _ the following dates**A_U_G_U_ST_1_1~,_20_0.:_3** 

### _ 

### Was published In T_HE

__ T_IMES

__ 

### P_I_CA_YUNE

_ BATON 

### ROUGE, LA. 

### 70821-4314 RE:NOTICE OF**I~** 

### DEPT OF ENVIRONMENTAL QUQLITY OFFICE OF ENVIRONMENI'AL PLANNING DIVISION CONTROL OF WMISSION OF 

### 02R 

### GAN'I 2C CCMPOUNDs (LAC 

### 33: III. 

### 2104 ,2108, 2115,2123,2125,21 147, .149,2151, 

### and 2153) (A9236

. 

### Advertisement of DEPT. OF 

### ENVJjDNMENTAI, P.O. 

### BOX 4314 

### State of Louisiana

Personally appeared before me, a Notary in and for the parish of Orleans, Robert 

## J. Chiasson who deposes and says that he is the Accounts Receivable Manager, of The Times-Picayune Publishing Corporation, a Louisiana Corporation, Publishers of The Times-Picayune, Daily and Sunday, of general circulation; doing business in the City of New Orleans and the State of Louisiana, and that the attached Parish of Orleans City of New Orleans

FOFIM 1B6·N

# CAPITAL CITY 

# PRE.f.f 

# CERTIFIED COpy**Publish~r** 

## of 

# THEADVOCATE AUG 2 6 2003

PROOF OF PUBLICATION I>FQ.'OEAlEI'() RFGI.:I..\TION Ill: VEl.Ol'tvl FNT SFCllO,\



### 08{13{03

SWOf'n and subscribed befOf'E me by the person whose signature ilppeilrs ilbovel 'artn1s"nt:01 menf.al.-.o.uallty tllce ai, "nlal. Assessment

.**t~l' P~arin{ng**  "'

..",: '. n·", .' issJo"n. or poundS' (LA. .Z10B,21 15. ::,2123",2

..J. ,_ 1'0:+3,; 2.1.47', 2149" -_**21S1;·.~nd** 2153) (AC2::lSr·.**Unc~~·::~t'a~1** autho"ty,,- :0'; the'-**:envkon,,!,e~tal auality·Ac~~.R.s.**  30;200J.;9t seq:. 3".d in ;8ccor4 .dane risoHhe:

### f1~~~~tre'lJ' 

# ","**"'~~n-'**

LA 708i1-4314
2673347 Notary Publ ommission Expires: In efini

Baton Rouge, Louisiana 

# r&k4--

Legal/Public Notices ReprEsentative

The hereto attached notice was

published in THE ADVOCATE, a daily newspaper of genEral circulation

pUblishEd in Baton RougE, Louisiana, and the Official Journal of thE StatE of Louisiana, the City of Baton Rouge, ilnd the Parish of East Baton Rouge, in the following issues:

;'

PO BOX4314 BATON ROUGE DEQ

- REGULATION

### personallyknown to me, Altheas Critton;

(Signed)

DIANA W. BARBER,NOTARY PUBLIC

. CADDO**'~~:RIS~{l~40UI51ANA** MY 

## ,e0 MMIS

### SION IS FOR 1I FE
'. ."M',.

........ ;"" .{:y,

## ~/ 

# Fit.

# S (.

. August 13, 2003

As percopy ofadvertisement hereto annexed, was published in The Times onthe following dates to wit: 

# CERTIFIED COpy ";";" «<', "i';"T:::,'·**';=:,···.=2~·,'·2'·····'~~~~l~iU**

# mhtar~t£l**:u:c~:y:**
DEQ/OEA/EPD 

# PROOF 0 F PUBLieATI**~pt.:...:.)L~'\1:.:.:·IO:..:...:.N...::.D~[V~El.:.:::.O.:...:::PIv::..:.:.1 E~NT....:S~I'(~·T1~ON::!J'** 



### NOTICE OF INTENT Department ofEnvironmental Quality Office ofEnvironmental AssessmentEnvironmental Planning Division Control ofEmission ofOrganic Compounds (LAC 33:l11.2104, 2108, 2115,2123,2125,2143,2147,2149,2151, and 2153) (AQ236) Before me, the undersigned authority, personally came and appeared

Who being duly sworn, deposes and says that she is the Assistantto the ClassifiedAdvertisingManagerofThe Times, and thatthe attached Advertisemententitled: STATE OFLOUISIANA PARISH OF CADDO

Swornto and subscribedbeforeme this 13 th 

### day of August 2003.



# ________-ft>leLvvLib,**CB~** .'

. .CN:0tary) ". Departrnen( 

### 01 Environ· mental Quality OHice of Environmental Assessment Environmental Planning Division .' Control' of**Emissio~** 01 Organic Compounds (LAG 33:111.2104, 2108, 2115,2123,2125,2143, 2147,**21.4~,** ,;3151, and 2153) (AQ236)

..Under. the authority 01 ' the EnVironmental Quality Act, R.S. 30:2001 et

. seq., and in accordance I with the provisions 01 the' Administrative Proce•. dure Act. R.S. 49:9S0 et seq., the secretary gives noNce that ruiemaking' prOCedures have been·in· Itlated to 'amend Ihe Air regulations,

. LAC 33:111.2104,2108, 2115, 2123,2125,21-43,2147,

. 2149, 2151, and 2153 (Log #AQ236) "This rule proposes rea. sonably available control technology (RACn regu. lations for sources 01 

## vac emissions in the five-parish Baton Rouge ozone nonaHainmeni area that are'subject to the new lowermajor sta. tlonary source threshold 01 25 Ions peryear. This rule also provides clarifl. cation to same**langua~e** thai was unclear or con. tusing.On April 24, 2003, .the EI1;Jironmental ProtectionAgency reclassitied o'r"buftlped up' by operation ot the law Ihe Baton

. Rouge' ozone nonaHainrnerit area Irom. a .classitlcatlon '.' of**"se~ous'l** to**.lls~\lerel\** effective June,".23,. C2003

. (68 FR 20077). The ftve. pansh

. Baton Rouge**oZQn~** nona.tlalnmerit area Includes the parish. es 01 Ascension, East Balon Rouge, IbeNtlle, LIVingston, andWest Bal. on Rouge. Under Sec. tlon 182(1) 01 the 1990**Cle~n** Air Acf Amend. ments .(CAAA); serious ozone nonaHainment areas reclassltied to se. vere are required 10 sUb. c"mfl'Slalefmplemenlalion '

Plan revls/ons aCidress. : InQ the. severe.'araa reo : qUirements' to"r the one· I hour**ozo~e** National Am•. : bienl Air Quality Siand.**ard~** Under. Section 182(d) 01 the .1990 CAAA, sevare
.area

· plans must inclucle reo;**QUlrem9~ls".,'or.** 'RACT j

rules lor sources 01 VOC .J em,sslons9'·.25-·lons'per'! ."yaar, which. IS the new'

.-' lower major.threshold /n

· the'; five·parish ,:;'.6aton-'

· Rouge .·X;'iizone

. nonattalnmenl are<j;·.This'·

" rU.le

..'. is also

..bal

## ng .··.'.- pro- posed as a revis)on to "t· the. Louisiana.Slille 1m· ,,:plem.9nlation Pla/l:)or air: ("

..quailly.**T:~e** basis and :j.<.ratlonale lorthis rule are

· 0 c0lT]ply',wirh.the provi. 

# .•**~~~~;j~;:~~iW.·.·i**.**,~** .

### ...; '·",,0

I -._" i
...
__ 4 ... -'**.:.r~** .**'~':""'-d"."":'~~:t""-':"':"~'~'"** ,:This : prot;x:ls?d"nJ,Ie

.. meets 

### an**e~ceptil;)n'lIst'** .edlll .!'l,S:i3q;g!i1i19!JDmn an9 R.S.**49t~5i3(O)r.3);** '" mer.etore,· e- .-,**···.g~~t{/:':~A** 

### . v**'b~**

so r"

..Apubllcheanng will be held. on September 24, 2003, at.1 :30 p,m, in Ihe Galvez ,Building, Room C11l, '. 602 N, Filth Street, Baton Rouge,LA 70802; Thehearing will also 'be lor Ihe revision 10 lhe Stale Implementation Plan CSIP)lo.i(1corpo·**rat~** this:·prqpOsad rule, Inle'rested personsarillnvited to attend. and sub- ,

## ~~,.**o;~~~~~r11~~:e~~:** 

# i menls,Shou!d>lndl\ijdu-"!



### .-'Wima di¥ib1il1Y need

. omr:ncidation in or· 'j,;paifi(iipate, can· tact Lynn "Wilbanks at the address givenbelow oral (225) 219,3550, Free parking is available acrossthlLstreet..-in the Galvez parxlhg.garage

,whenlhe:p'i1iXlngticket is validated by depart- }nenf Pars,annel'at .:the :heanng,**.~:",** '.,i 1**·,';:,i(II·lnf~reStoo: per~ohs**  r!.ifieinvihld:\a·submit·writj

ItenGOlnmentsonlhepro.':

## .;,:~'··.·~g~~d:~~~\~:i~~~Gl~ '",**Jef~rence** this propose.d "**.:'."vr~gLila~on** .by AQ236, i',,:;,;SUchconiments niust be**.:::i,received~.** no later lhan

. Oelober 1,2003, at 4:30

p,m" and should be sent to Lynn Wilbanks, Office 01 EnvironrnenlalAssess· ment,·Hegulatlon Devel**oprrient'~' ~ion,**  Box

..**143j4r~lIto[i:~oug!l;'-** 

### '.lA', .',7082,1.4314'

..or 'to**~:FAX** ,"I : (225)219-3582,,0';**b~ e:~**  

# I

.**malf'I'?i.,fif)"Yl~JQe9·9rg,",.** Caples of'this proposed

. regulatiop,·ean O'be';CPWTI**chase~;6~.,eqhtactii:ig~th!l** .•,' OEQ";BtJbflc'-'<Ali.colds.**Center\'~~~t;** ;,**(225)',i!.~i$.:~·.1** 3168,1Check'o,'mMey order Is required:. In ad- , .vance·tor each· copy of

# '!J~~I~!i;~PoSL~;~~~I~t',: . "

. Non, Is available': .for:in<!

'. spection at thelollowing

DEQ office .locations! .,hp,m 8 a,m.untl! 4:30 i

p:m,: 602. N. ,ftfth,[ Street Batoo Rouge" LA ': 701l02f 1823'**f'1lgh~ay** : 546,.•Wesl Monroe,:LA: 71292; Slate Office Build": ing,. 1.525 Fairfield Ave- 

### u/'ri.UBf.**·:;Shreveport,·~** LA

. '7f101;:';j 301.Gadwall:./

Street··"" '

........ '"

. 7061$,

.. Bull

New' eans, !1,1,.Nall/

# RECEIVED 

# AUG 28 2003

DEQiOEAlI:I'D REGlIL\TION DEVEI.OI'MENT SFCrlO,-'; 

### 221 JEFFERSON STREET Lafayette, LA 70501 

# C.ERTIFIRDCOPY= 

# /)3**.....,,~.J** Acadiana's Daily Newspaper 

# THEADVERTISER
PHONE: (337) 289-6300 FAX: (337) 289C:6466



## AFFIDAVIT OF PUBLICATION

Lynn Wilbanks Department of Environmental Quality Regulation Development Section P. O. Box 4314 Baton Rouge, LA 70821-4314 Account No.: L-DEQRDS Ad Number: 07525531 Ad Total: $95.00 Ad Inches: 16

.... IN ORDER to insure proper credit please refer to your account number and/ or ad number when making payment. I, ROSE PENFOLD, do solemnly swear that I am the LEGAL CLERK of THE ADVERTISER, a newspaper printed and published at Lafayette, in the Parish of Lafayette, State of Louisiana, and that from my personal knowledge and reference to the files of said publication, the advertisement of 

### NOTICE OF INTENT Department of Environmental Quality Office of Environmental Assessment Environmental Planning Division Control of Emissions of Organic Compounds (AQ236)

was published in 

## THE 

## ADVERTISER on the following dates: 

### /f?:>.r;i/*TUESDAY, AUGUST 12, 2003

Sworn to and subscribed before me this 

# 2fR "i'hay of August, 2003.



## NOTARY P'UBLIC

## LEGAL AD DEPT.**~gJ** 

## IJ 

# 3;t!-w Publisher of 

# THE NEV'IS-STAR MONROE, LOUISIANA PROOF OF PUBLICATION

Published in Monroe, Louisiana. 

# CERTIFIED COpy·

Parish ofOuachita in the issues of: 

# i?r:.Mi/Jj ZOr)3 was published in the NEWS-STAR. 

## The hereto attached advertisement

Sworn and subscribed before me by I?

.......... 

### =.======--=-=-===:::;,



## A daily newspaper ofgeneral circulation. 

# AUG 28 2003 RECEIVED

The person whose signature appears above in Monroe, LA on this DEQ/OEA/El'lJ REGlIL\TION DEVEI.OI'I'.IENT SECTIO:-;

## STATE OF LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY

IN RE: CONTROL OF EMISSION OF ORGANIC COMPOUNDS LOG #: 

## AQ236 PUBLIC HEARING

The Public Hearing held by the Louisiana Department of Environmental Quality, RegulationDevelopment Section, at the Galvez Building, Room C111, 602 N. Fifth Street, Baton Rouge, Louisiana, beginning at 1:46 p.m., on September 24, 2003.



## RECEIVED BEFORE: 

## Lori B. Overland Certified Court Reporter In and For the State of Louisiana



# ASSOCIATED REPORTE S, (225) 216-2036 

# OCT 6 2003

DEQ,OEi\/EI'D RECili/,,\TION**DFVFI()I'~II'~T** SFCIION

---

__. __**~_---J**

### DEPARTMENT OF ENVIRONMENTAL QUALITY A P PEA RAN C E S
FOR THE LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY: 

## Cheryl Flory Hearing Officer Department of Environmental Quality OEA/Regulation Development, 6th Floor P.O. Box 4314

. Baton Rouge, Louisiana 70821-4314



## * * * * * 2



### ASSOCIATED REPORTERS, INC. (225) 216-2036

### DEPARTMENT OF ENVIRONMENTAL QUALITY I N D E X


## EXAMINATION: None
EXHIBITS: None
REPORTER'S PAGE REPORTER'S CERTIFICATE



# * * * * *

ASSOCIATED REPORTERS, INC. .... .J



## PAGE(S)

7 8



### (225) 216-2036

### DEPARTMENT OF ENVIRONMENTAL QUALITY 4 1 

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### 17 18 19 

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# * * * * * MS. CHERYL FLORY: 

## Good afternoon, ladies and gentlemen. My name is Cheryl Flory. I'm employed with the Louisiana Department of Environmental Quality. I'll be serving as hearing officer this afternoon to receive comments regarding proposed amendments to the Air and Solid Waste regulations, and to the State Implementation Plan for Air Quality. The comment period for these amendments began on August 20, 2003, when the notice of intent was published in the Louisiana Register. The comment period will close at 4:30 p.m., October 1,2003. It would be helpful to us if all oral comments received today were followed up in writing. This public hearing provides a forum for all interested parties to present comments on the proposed changes. I'll ask that each person commenting come up and sit at the front table and begin by stating his or her
name and affiliation for the record. The next amendment is designated by

ASSOCIATED REPORTERS, INC. (225) 216-2036

## effective June 23, 2003 (68 FR 20077). The five-parish Baton Rouge ozone nonattainment
area includes the parishes of Ascension, East Baton Rouge, Iberville, Livingston and West Baton Rouge. Under Section 182 (i) of the 1990 Clean Air Act Amendments (CAAA), serious ozone nonattainment areas DEPARTMENT OF ENVIRONNIENTAL QUALITY 

## the Log Number AQ236. This rule proposes reasonably available control technology (RACT) regulations for sources of VOC emissions in the five-parish Baton Rouge ozone nonattainment area that are subject to the new lower major stationary source threshold of 25 tons per year. This rule also provides clarification to some language that was unclear or confusing. On April 24, 2003, the Environmental Protection Agency reclassified or "bumped up" by operation of the law the Baton Rouge
ozone nonattainment area from a classification of "serious" to "severe" 1 

### 2 3 4 5 

### 6 7 8 9 

## 10 11 

## 12 13 14 15 16 17 18 19 20 21 22 

## 23 24 25 reclassified submit State to severe are required to Implementation Plan revisions 5

ASSOCIATED REPORTERS, INC.

. (225) 216-2036

### 1 

### 2 3 4 

### 5 6 7 

### 8 9 

## 10 11 

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## 15 16 17 

## 18 19 20 21 22 

### DEPARTMENT OF ENVIRONMENTAL QUALITY 

## addressing the severe area requirements for the one-hour ozone National Ambient Air Quality Standards. Under Section 182 (d) of the 1990 CAAA, severe area plans must include requirements for RACT rules for
sources of VOC emissions of 25 tons per year, which is the new lower major threshold in the five-parish Baton Rouge ozone nonattainment area. This rule is also being proposed as a revision to the Louisiana State Implementation Plan for air quality. Does anyone care to comment on this regulation? (No response. MS. CHERYL FLORY: 

## If not, the hearing on AQ236 is closed. I'd like to thank you for your attention and participation. This hearing is closed. THE HEARING WAS CONCLUDED AT 1:48 P.M.



# * * * * * 6

ASSOCIATED REPORTERS, INC. (225) 216-20361 

## DEPARTMENT OFENVIRONMENTAL QUALITY REP aRT E R 

# s P AGE 7

2 

## I, Lori B. Overland, Certified Court 3 Reporter, in and for the State of Louisiana, the 4 officer, as defined in Rule 28 of the Federal 5 Rules of Civil Procedure and/or Article 1434(b) 6 

## of the Louisiana code of Civil Procedure, before 7 whom this sworn testimony was taken, do hereby 8 state on the Record 9 

## That due to the interaction in the 10 spontaneous discourse of this proceeding, dashes 11 (- -) have been used to indicate pauses, changes 12 in thought, and/or talk overs; th.at same is the 13 proper method for a Court Reporters's 14 transcription of proceeding, and that the dashes 15 (--) do not indicated that words or phrases have 16 

## been left out of this transcript; 17 That any words and/or names which could not 18 be verified through reference material have been 19 20 21 22 

## denoted with the phrase "unaUdibl;:)

# rr\. {1- 

# j

# $OULJ~jLl~iL- Lori Overland, C.C.R. # 

## 97083**,f~** .. II I "1 '

.



## ASSOCIATED REPORTERS, INC. (225) 216-2036

## 1 2 

## DEPARTMENT OF ENVIRONMENTAL QUALITY C E R T I FIe A T ION 

## I, the undersigned reporter, do hereby 8



## 3 certify that the above and foregoing is a true 4 

## and correct transcription of the stenomask tape 5 of the proceedings had herein, taken down by me 6 and transcribed under my supervision r 

## to the 7 best of my ability and understanding r 

## at the 8 time and place hereinbefore noted, in the above 9 entitled cause. 10 

## I further certify that the witness was duly 11 sworn by me in my capacity as a Certified Court 12 Reporter pursuant to the provisions of R.S. 13 37:2551 et seq. in and for the state of 14 Louisiana; that I am not of counsel nor related 15 to any of the counsel of any of the parties, nor 16 in the employ of any of the parties, and that I 17 have no interest in the outcome of this action. 18 

## I further certify that my license is in good 19 standing as a court reporter in and for the 20 

## 21 22 

## 23 state of Louisiana

# .~ 

# '0'

.

_ _ 11_**~t1rk** Lori Overland r 

## C.C.R.**I~:.~,i.ll!** 'II**'II.~.""**



## ASSOCIATED REPORTERS, INC. (225) 216-2036

# Appendix C: Chapter22: Control ofEmissions of Nitrogen Oxides (NOx) §2201.AffectedFacilities inthe BatonRouge NonattainmentArea andthe Region ofInfluenceis g nerated as aresult ofa process change, the wastewa r shall e in compliance 

### with this Section upon initial st, up or by vember 15, 1998, whichever is later, unl s the owner 0 operator demonstrates to the admi strative authority* t t achieving compliance will take 10 er. Ifthis demonstration lS satisfactory to the a inistrative authority*, com iance shall be achieved as e editiously as practicable, but in 0 event later than thre years after the process change. An isting wastewater s earn thatbecomes an affected VOC wast ater stream du to a process change must be in compliance 'th this Sect" n as expeditiously as practicable, but in no eve later t n three years after the process change. A facility t t s become subject to this regulation as a result of a re . ion of the regulation shall comply with the requireme 0 this Section as soon as practicable, but in no eve later an one year from the promulgation oftheregul ionrevisio

.

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

HISTORICALNO Promulgated by t Department of Environmental Qu Ity, Office of Air Quali and Radiation Protection, Air ality Division, LR 21 :936 (Sep ember 1995), amended LR 22' 212 (December 1996), LR 24:26 (Ja uary 1998), LR 25:850 (tv y 1999), amended by the Office ofEnv' onmental Assessment Environmental Planning Division, LR 6:2453 (Novemb 2000), LR 28: 1765 (August 2002), LR 30:747 pril 2004).
James H. Brent, Ph.D. Assistant Secretary 404#056 RULE Department ofEnvironmental Quality

Office ofEnvironmental Assessment

Environmental Planning Division Control ofEmissions ofNitrogen Oxides (NOx) (LAC 33:III.2201)(AQ234) Under the authority of the Environmental Quality Act, R.S. 30:2001 et seq., and in accordance with the provisions ofthe Administrative Procedure Act, R.S. 49:950 et seq., the secretary has amended the Airregulations, LAC 33:III.2201 (Log#AQ234).

The revision provisions reasonably available control technology (RACT) rules for sources of nitrogen oxides (NOx) emissions in the five-parish Baton Rouge ozone nonattainment area that are subject to the new lower major stationary source threshold of25 tons per year. The revision also includes Rule clarifications. On April 24, 2003, the Environmental Protection Agency reclassified or "bumped up" by operation of law the Baton Rouge ozone nonattainment area from a classification of "serious" to "severe", effective'June 23, 2003 (68 FR 20077). The five-parish Baton Rouge ozone nonattainment area inclUdes the parishes of Ascension, East Baton Rouge, Iberville, Livingston, and West Baton Rouge. Under Section 182(i) of the 1990CleanAir Act Amendments (CAAA), serious ozone nonattainment areas reclassified to severe are required to submit State Implementation Plan revisims addressing the severe area requirements for the one-hour ozone National Ambient Air Quality Standard. Under Section 182(d) ofthe Louisiana Register Vol. 30, NO.4 April20, 2004 748 1990 CAAA, severe area plans must include requirements for RACT rules for sources ofNOx emissions of25 tons per year, which is the new lower major source threshold in the five-parish Baton Rouge ozone nonattainment area. This Rule is also arevision to the Louisiana State Implementation Plan for air quality. The basis and rationale ofthis Rule are to comply with the provis ions ofthe 1990 Clean Air Act Amendments.

This Rule meets an exception listed in R.S. 30:2019(D)(2) and R.S. 49:953(0)(3); therefore, no report regarding environmentallhealth benefits and social/economic costs is required. This Rule has no known impact on family formation, stability, and autonomy as described in R.S. 49:972. Title 33 ENVIRONMENTAL QUALITY Part III. Air Chapter 22. Control ofEmissions ofNitrogen Oxides (NO,.) §2201. Affected Facilities in the Baton Rouge NonattainmentArea and the Region ofIntluence A.-A.3. B. Definitions. Unless specifically defined in this Subsection or in LAC 33:III.111 or 502, the words, terms, and abbreviations in this Chapter shall have the meanings commonly used in the field of air pollution control. For purposes ofthis Chapter only, the following definitions shall supersede any definitions in LAC 33:III.lll or 502. * * * Affected Facility" any facility within the Baton Rouge Nonattainment Area with one or more affected point sources that collectively emit or have the potential to emit 25 tons or more per year ofNC\, unless exempted in Subsection C of this Section, or any facility within the Region ofInfluence with one or more affected point sources that collectively emit orhave the potential to emit 50 tons ormoreperyearof NO", unless exemptedin Subsection Cofthis Section. * * * Averaging Capacity" the average actual heat input rate in million British thermal units per hour (MMBtulhour) at which an affected point source operated during the ozone season ofthe two calendar years of2000 and 2001 (e.g., the total heat input for the period divided by the actual hours of operation for the same period). Another period may be used to calculate the averaging capacity if approved by the department. For units with permit revisions that legally curtailed capacity or that were permanently shut down after 1997, the averaging capacity is the average actual heat input during the last two ozone seasons of operation before the curtailmentorshutdown. * * * Combined Cycle" a combustion equipment configuration that generates electrical or mechanical power with a stationary gas or liquid-fired turbine and/or a stationary internal combustion engine and that recovers heat from the discharge within equipment to heat water or generate steam. * * * 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 greaterthan or equal to 40 MMBtu/hour and ozone4 g/Hp-hour 2 g/Hp-holr 2 g/Hp-hour 10 g/Hp-hour

>/= [50to <300 Hp >/= 320 Hp >/= 40 to <80 0.30 MMBtulHour poundlMMBtu >/= 80 0.23 MMBtulHour poundlMMBtu >/= 40 to <80 0.18 MMBtulHour poundlMMBtu >/= 80 0.08 MMBtu/Hour poundlMMBtu

>/= 5 to <[0 0.37 MW poundlMMBtu >/= [OMW 0.30 oundlMMBtu >/= 5 to <10 0.27 MW poundlMMBtu >/= IOMW 0.20 poundlMMBtu >/= 5 to <10 0.24 MW poundlMMBtU' >/= 10MW 0.[6 poundlMMBtu C

>/= [50 to <320 Hp

>/= 300 Hp Peaking Service, Fuel Oil-fIred
Peaking Service, Gasfired Arrunonia Refonners

All Others

Rich-bum Lean-bum All Others

abasedon thehigherheatingvalueofthe fuel. b equivalent to 65 ppmv (15 percent Q, dry basis) with an F factor of8710dscf/MMBtu.
Cequivalent to 43 ppmv (15 percent Q. dry basIS) with an F factorof8710dscflMMBtu. StationaryGas Turbines:

Stationary Internal Combustion Engines:

Electric PowerGenerating Electric PowerGenerating System Boi[ers: System Boilers: Coal-fired >/= 80 0.21 Coal-fired >/=40 to <80 0.50 MMBtu/Hour oundlMMBtu MMBtu/Hour pomdlMMBtu Number 6 Fuel Oil-fired >/= 80 0.18 >/= 80 0.21 MMBtu/Hour poundlMMBtu MMBtulHour poundlMMBtu All Others (gaseous or >/= 80 0.10 Number6 FuelOil-fired >/= 40 to <80 0.30 liquid) MMBtu/Hour poundlMMBtu MMBtulHour oundlMMBtu Industnal Boilers >/= 80 0.10 >/= 80 0.18 MMBtu/Hour poundlMMBtu MMBtulHour poundlMMBtu Process Heater/Furnaces: All Others (gaseous or >/=40to <80 0.20 Ammonia Reformers >/= 80 0.23 liquid) MMBnllHour poundlMMBtu MMBtulHour poundlMMBtu >/= 80 0.10 All Others >/= 80 0.08 MMBtulHour oundlMMBtu MMBtulHour pOlmdlMMBtu Industrial Boilers >/=40 to <80 0.20 Stationary Gas Turbines: MMBtulHour oundlMMBtu Peaking Service, Fuel >/= 10 MW 0.30 >/= 80 0.[0 Oil-fired poundlMMBtu MMBtulHour poundIMMBtu 

### Nitrogen Oxides (NOS' the sum ofthe nitric oxide and nitrogen dioxide in a stream measured in accordance with Subsection G ofthis Section.


### * * * season heat input less than or equal to 0.46 x lOll Btu, or in the Region of Influence with maximum rated capacity greater than or equal to 80 MMBtu/hour and ozone season heat input less than orequal to 0.92 x 1011 Btu.


### * * *

C. 1. 

### boilers and process heater/furnaces with a maximum rated capacity ofless than 40 MMBtulhour in the Baton Rouge Nonattainment Area or less than 80 MMBtuJbourin the Region ofInfluence; 2. stationary gas turbines with a megawatt rating based on heat input ofless than 5 MW in the Baton Rouge Nonattainment Area or less than 10 MW in the Region of Influence; 3. stationary internal combustion engines as follows:

a. rich-burn engines with a rating of less than 150 horsepower (Hp) in the Baton Rouge Nonattainrnent Area or less than 300 Hp in the Region ofInfluence; and b. lean-burn engines with a rating of less than 150 Hp in the Baton Rouge Nonattainment Area or less than 1500 Hp in the Region ofInfluence; 4.

- 7.

... 

### 8. any point source during start-up and shutdown as defined in LAC 33:III.llI or during a malfunction as defined in 40 CFR Section 60.2 (This exemption does not apply to units that are shut down intentionally on a routine basis, more than once permonth.); 9.
- 

### 20. D. Emission Factors 1. 

### The following tables list NOx 

### emission factors that shall apply to affected point sources located at affected facilities in the Baton Rouge Nonattainment Area or the Region ofInfluence.



### 749 Louisiana Register Vol. 30, No.4.April20, 2004aall factors are basedonthe higherheating value ofthe fuel. b equivalent to 43 ppmv (15 percent Q, dry basis) with an F factorof8710 dscf/MMBhl. 

### 2.

- 3.

... 4. For all other affected point sources, the emission factors from Subsection 

### 0 ofthis Section shall apply as the mass ofNO. emitted per unit ofheat input (pounds NOxper MMBtu or grams NO. per Hp-hour), on a 30-day rolling average basis. Alternatively, a facility may choose to corrply with a cap as detailed in Paragraph D.3 of this Section, provided that a system, approved by the department, is installed, calibrated, maintained, and operated to demonstrate compliance.

D.5. -F.1.

... a. An owner or operator may obtain approval to install and operate NO. control equipment that does not result in ammonia emissions above the minimum emission rate (MER) in LAC 33:111.Chapter 51 by submitting documentation in accordance with LAC 33:111.511. This documentation shall include an estimate of any carbon monoxide (CO), sulfur dioxide (S02), particulate matter (pM 10), and/or volatile organic compound (VOC) emission increases associated with the NO. control technology. If approved, the administrative authority shall grant an authorization to construct and operate in accordance with LAC 33:111.501.C.3. Any appropriate permit application reflecting the emission reduction shall be submitted to the department and deemed administratively complete no later than 180 days after commencement of operation and in accordance with the procedures ofLAC 33:II1.Chapter 5. 

### l.b.

-4. 5. Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR) Considerations. A significant net emissions increase in NOx, CO, S02, PM lO, and/or VOC in accordance with LAC 33:II1.504 or 509, that is a direct result of, and incidental to, the instal1ation ofNO. control equipment or implementation of a NO. control technique required to comply with the provisions of this Chapter shall be exempt from the requirements ofLAC 33:111.509 and/or 504, as appropriate, provided the following conditions are met: a. -b.ii. c. notwithstanding the requirements of Table I of LAC 33:II1.504, a significant net increase ofVOC emissions at an affected facility located in the Baton Rouge Nonattainment Area shall be offset at a ratio ofat least 1: 1. Offsets shall be surplus, permanent, quantifiable, and All Others StatlOnary Internal Combustion Engines: Lean-burn Rich-burn >/= 10 MW >/= 10 MW

>1= 1500 Hp >/= 300 Hp 0.20 pouncVMMBhl 0.16 pouncVMMBnI'

4 g/Hp-hour 2 g/Hp-hour federally enforceable and calculated ITI accordance with LAC 33:11I.Chapter 6; and

F.5.d.

- G.1.

2. Emissions testing is required for al1 point sources that are subject to the emission limitations ofSubsection 

### 0 of this Section or used in one of the alternative plans of Subsection E ofthis Section. Test results must demonstrate that actual NOx emissions are in compliance with the appropriate limits ofthis Chapter. As applicable, CO, S0.2, PM lO, and VOC shall also be measured if modifications, done to comply with this Chapter, could cause an increase in emissions of any ofthese compounds. Performance testing ofthese point sources shall be performed in accordance with the schedule specified in Subsection J ofthis Section.

G.3.

- H.

... 1. The owner or operator ofboilers that are subject to this Chapter shal1 demonstrate continuous compliance as follows: a. - b.ii.

lll. install, calibrate, maintain, and operate a NO. CEMS to demonstrate continuous compliance with the NO. emission factors of Subsection 

### 0 or E of this Section, as applicable. The CEMS shall meet all ofthe requirements of 40 CFR Part 60.13 and performance specification 2 of40 CFR 60, Appendix B, or the requirements of40 CFR Part 75 for units regulated under the Acid Rain Program; and IV.

- v\.

... 2. The owner or operator of process heater/furnaces that are subject to this Chapter shall demonstrate continuous compliance as follows: a. -b.vi. 3. The owner or operator of stationary gas turbines that are subject to this Chapter shall demonstrate continuous compliance as follows:

H.3.a.

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

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Environmental Assessment, Environmental Planning DIvision, LR 28:290 (February 2002), repromulgated LR 28:451 (March 2002), amended LR 28: 1578 (July 2002), LR 30:747 (April 2004).
James H. Brent, Ph.D. Assistant Secretary 0404#054 RULE Department ofEnvironmental Quality

Office ofEnvironmental Assessment

Environmental Planning Division Incorporationby Reference" 2003 (LAC 33:1.3931; V.3099; IX.2301, 4901, and 4903; and XV.1517)(OS053*)
Under the authority of the Environmental Quality Act, R.S. 30:200I et seq., and in accordance with the provisions ofthe Administrative Procedure Act, R.S. 49:950 et seq., the secretary has amended the Environmental Quality regulations, LAC 33:I3931; V.3099; IX.2301, 4901, and 4903; and XV.1517 (Log #OS053*).

Louisiana Register Vol. 30, NO.4 April20, 2004 750

### Title 

### 33 ENVIRONMENTAL QUALITY Part

### III. Air Chapter 22. 

### Control ofEmissions ofNitrogen Oxides (NO,) §2201. 

### AtIectedFacilities in the Baton Rouge NonattainmentArea and the Region ofInfluence A.
-

### A.3. B. Definitions. Unless specifically defined in this Subsection or in LAC 33:lII.lll or 502, the words, terms, and abbreviations in this Chapter shall have the meaninas commonly used in the field of air pollution control.

## F~r purposes ofthis Chapter only, the following definitions shall supersede any definitions in LAC 33:III.lll or502. 

### * *

## * Department ofEnvironmental Quality

Office ofEnvironmental Assessment

Environmental Planning Division NOTICE OF INTENT

Under the authority of the Environmental Quality Act, R.S. 30:2001 et seq., and in accordance with the provisions oftheAdministrative Procedure Act, R.S. 49:950 et seq., the secretary gives notice that rulemaking procedures have been initiated to amendthe Airregulations, LAC 33:1l1.2201(Log #AQ234).

The revision proposes reasonably available control technology (RACT) rules for sources of nitrogen oxides (NOx) emissions in the five-parish Baton Rouge ozone nonattainment area that are subject to the new lower major stationary source threshold of25 tons peryear. The proposed revision also includes Rule clarifications. On April 24, 2003, the Environmental Protection Agency reclassified or "bumped up" by operation of law the Baton Rouge ozone nonattainment area from a classification of "serious" to "severe", effective June 23, 2003 (68 FR 20077). The five-parish Baton Rouge ozone nonattainment area includes the parishes of Ascension, East Baton Rouge, lberviUe, Livingston, and West Baton Rouge. Under Section 182(i) of the 1990 CleanAirActAmendments (CAAA), serious ozone nonattainment areas reclassified to severe are required to submit State Implementation Plan revisions addressing the severe area requirements for the one-hour ozone National Ambient Air Quality Standard. Under Section 182(d) ofthe 1990 CAAA, severe area plans must include requirements for RACT rules for sources ofNOx emissions of25 tons per year, which is the new lower major source threshold in the five-parish Baton Rouge ozone nonattainment area. This Rule is also being proposed as a revision to the Louisiana State Implementation Plan for air quality. The basis and rationale ofthis Rule are to comply with the provisions of the 1990 CleanAirActAmendments.

This proposed Rule meets an exception listed in R.S. 30:2019(D)(2) and R.S. 49:953(G)(3); therefore, no report regarding environmentaVhealth benefits and sociaVeconomic costs is required. This proposed Rule has no known impact on family formation, stability, and autonomy as described in R.S.49:972. ControlofEmissions ofNitrogen Oxides (NO.) (LAC 33:111.2201)(AQ234)

1674 H. GordonM uk 

### StaffDirector LegislativeFis 1Office IMPACT STATEMENT

TIVE RULES Il.ouisianaStandards for I 

### Personnel (lypes of ge Pathology Assistants Family Impact Statement In 

### acc rdance with Section 953 and 974 ofTitle 49 Louisiana Revised Statutes, there is hereby sub

. ed a Family 1m act Statement on the Rule proposed for a option, repeal or a endment. All Family Impact Statements shall be kept on fil in the State Board Office which has adopted, amended, 0 

### repealed a rule in accordance with the applicable pr visions ofthe law relating to public ecords. 1. Will he proposed Rule affect the sta ility of the family? No. 2. Will t e proposed Rule affect the uthority and rights or parents regarding the education an supervision of theirchildren? N 3. Will the roposed Rule affect the ctioning ofthe family? No. 4. Will the p oposed Rule affect fi 

### family budget? No. 5. Will the p posed Rule affe personal responsibili ofchildren?No 6. Is the family r a local gove ent able to perform the function as contain in the prop edRule? No.

Interested persons m submit cents until 4:30 p.m., October 9, 2003, to Ni Ford, S te Board ofElementary' and Secondary Educatio P.O. B x 

### 94064, Capitol Station, BatonRouge, LA70804- 64.

Louisiana Register Vol. 29. No. 08 August20, 2003 

### rlyn J. 

### Langley eputy Superintendent lanagementand Finance 0308#046 I. 

### ESTITvIATED IMP 

### STATEORLOCALOOVE!W.m.nl 

### This policy re oves the wor "Level I" 

### from the initial SpeechlLanguage athology Type certificate title, allowing the word "assi tant" to design e the requirement of supervision. Lat ,when amaster's d ree has been earned and all otherrequire ents ofthe Louisian BoardofExaminers for Speech-Langu e Pathology and udioJogy have been completed, t word "assistant" can e removed from the certificate. T eadoption ofthis policyw 11 costthe Department of Educatio approximately $700 

### (prin ing and postage) to dlssemmat the policy. II. 

### ESTITvIA EFFECfONREVENUE

### CO CTIONS OFSf

### ATE ORLOC GOVERNMENTALUNITS(S ) This olicy will have no effectonreven collections. TED 

### COSTS AND/OR ECONOlvJI

.BENEFITS TO

Y 

### AFFECTED PERSONS ORNON VERNMENTAL S(Summary) ere are no estimated costs andlor econ dire tly affectedpersons ornon-governmental g IV. 

### ES TEDEFFECfONCOMPETITION AND (S ) 

### The policy mployment,

### Affected Facility any facility within the Baton Rouge Nonattainment Area with one or more affectedpoint sources that collectively emit orhave the potential to emit 25 tons or more per year ofNOx, 

### unless exempted in Subsection C of this Section, or any facility within the Region ofInfluence with one or more affected point sources that collectively emit orhave the potential to emit 50 tons ormore peryear of NOx, 

### unless exempted in Subsection C ofthis Section. 

## * * * apply to units that are shut down intentionally on a routine basis, more than oncepermonth.); 9.

- 20. D. Emission Factors 1. The following tables list NOx 

### emission factors that shall apply to affected point sources located at affected facilities in the Baton Rouge Nonattainment Area or the Region ofInfluence.

•based on the higherheating value ofthe fuel. b equivalent to 65 ppmv (15 percent O2, dry basis) with an F factor of871 0 dsdi'MrvJBru.

, equivalent to 43 ppmv (15 percent O2• dry basis) with an F factor of871 0dscflMMBru. 

### Averaging Capacity the average actual heat input rate in million British thermal units per hour (1v1.MBtu/hour) at which an affected point source operated during the ozone season ofthe two calendaryears of2000 and 2001 (e.g., the total heat input for the period divided by the actual hours of operation for the same period). Another period may be used to calculate the averaging capacity if approved by 

# the department. For units with permit revisions that legally curtailed capacity or that were permanently shut down after 1997, the averaging capacity is the average actual heat input during the last two ozone seasons of operation before the curtailment orshutdown. 

## * * * Combined Cycle a combustion equipment configuration that generates electrical or mechanical power with a stationary gas or liquid-fired turbine and/or a stationary internal combustion engine and that recovers heat from the discharge within equipment to heat water or generate steam. 

## * * * Low Ozone Season Capacity Factor Boiler orProcess Heater/Furnace a boiler or process heater/furnace in the Baton Rouge Nonattainment Area with maximum rated capacity greater than or equal to 40 MNIBtu/hour and ozone season heat input less than or equal to 0.46 

### x lOll Btu, or in the Region of Influence with maximum rated capacity greater than or equal to 80 MMBtu/hour and ozone season heat inputless than orequal to 0.92 x lOll Btu. 

## * * * Nitrogen Oxides (NOx) 

### the sum ofthe nitric oxide and nitrogen dioxide in a stream as measuredby the testmethods in Subsection G ofthis Section. 

## * * * C.1. boilers and process heater/furnaces with a maximum rated capacity ofless than 40 MMBtu/hour in the Baton Rouge Nonattainment Area or less than 80 MNIBtu/hour in the Region oflnfluence; 2. stationary gas turbines with a megawatt rating based on heat input ofless than 5 MW in the Baton Rouge Nonattainment Area or less than 10 MW in the Region of Influence; 3. stationary internal combustionengines as follows:

a. rich-bum engines with a rating ofless than 150 horsepower (Hp) in the Baton Rouge NonattainmentArea or less than 300Hp in the Region oflnfluence; and b. lean-burn engines with a rating ofless than 150 Hp in the Baton Rouge Nonattainment Area or less than 1500Hp in the Region oflnfluence; 4. -7

.... 8. any point source during start-up and shutdown as defined in LAC 33:Il1.l11 or during a malfunction as defined in 40 CFR Section 60.2 (This exemption does not Electric Power Generating S stemBoilers: Coal-fired

Number6 Fuel Oil-fired

All Others (gaseous or liquid)

Industrial Boilers

Process HeaterlFurnaces: AmmoniaReformers

All Others

Stationary Gas Turbines:
Peaking Service, Fuel Oil-tired
Peaking Service, Gasfired

All Others Stationary Internal Combustion En ines:
Lean-bum
Rich-burn >/= 40 to <80 0.50 MMBtulHour oundlMMBtu >/= 80 0.21 MMBtulHour oundlMMBtu >/= 40 to <80 0.30 MMBtulHour oundlrvUvlBtu >/= 80 0.18 MMBtulHour oundJMrvlBtu >/=40 to <80 0.20 MMBtulHour ound/MMBtu >/= 80 0.10 MMBtulHour oundlMMBtu >/=40 to <80 0.20 MMBtulHour oundJMMBtu >/= 80 0.10 MMBtulHour oundJMMBtu

>/=40 to <80 0.30 MMBtulHour oundJMMBtu >1= 80 0.23 MMBtulHour oundJMMBtu >1=40 to <80 0.18 MMBtulHour oundJMMBtu >1= 80 0.08 MMBtulHoUT oundJMMBtu

>/= 5 to <10 0.37 MW oundlMMBtu >1= 10MW 0.30 oundJMMBtu >1= 5 to <10 0.27 MW oundJrvUvlBtu >1= 10MW 0.20 ound/MMBtu >1= 5 to <10 0.24 MW oundJrvUvlBrub >1= 10 MW 0.16 oundJMrvlBru'

>1= 150 to 10 glHp-hour <320 H >1= 320Hp 4 glHp-hour >1= 150 to 2 glHp-hour <300 H >1= 300 Hp 2 glHp-hour



### 1675 Louisiana Register Vol. 29, No. 08 August 20, 2003Electric Power Generating SystemBoilers: Coal-fired >/= 80 0.21 MlYlBtuIHour ound/MMBtu Number 6Fuel Oil-tired >/= 80 0.18 MMBtu/Hour ound/MMBtu All Others (gaseous or >/= 80 0.10 Ii uid) MMBtu/Hour oundIMMBtu Industrial Boilers >/= 80 0.10 MMBtulHour poundIMMBtu Process Heater/Furnaces: Ammonia Reformers >/= 80 MMBtu/Hour All Others >/= 80 MMBtulHour Stationary Gas Turbines: Peaking Service, Fuel >/= 10 MW 0.30 Oil-fired poundIMMBtu Peaking Service, Gas- >/= 10 MW 0.20 fired poundIMMBtu All Others >/= IOMW 0.16 oundIMMBtub Stationary Internal Combustion En ines: Lean-burn >/= 1500 Hp 4 g/Hp-hour Rich-bum >/= 300 Hp 2 glHp-hour

•all factors arebased on the higherheating value ofthe fuel. b equivalent to 43 ppmv (15 percent O2, dry basis) with an F factor of8710 dsct7MMBtu. 2.

- 3.

... 4. For all other affected point sources, the eII1lSSlOn factors from Subsection D ofthis Section shall apply as the mass ofNO, emitted per unit ofheat input (pounds NO, per MMBtu or grams NO, per Hp-hour), on a 30-day rolling average basis. Alternatively, a facility may choose to comply with a cap as detailed in Paragraph D.3 of this Section, provided that a system, approved by the department, is installed, calibrated, maintained, and operated to demonstrate compliance.

D.5.

-

### F.l.

... a. An owner or operator may obtain approval to install and operate NO, control equipment that does not result in ammonia emissions above the minimum emission rate (MER) in LAC 33:III.Chapter 51 by submitting documentation in accordance with LAC 33:III.511. This documentation shall include an estimate of any carbon monoxide (CO), sulfur dioxide (S02), particulate matter (PM10), and/or volatile organic compound (VOC) emission increases associated with the NO, control technology. If approved, the administrative authority shall grant an authorization to constmct and operate in accordance with LAC 33:III.50I.C.3. Any appropriate permit application reflecting the emission reduction shall be submitted to the department and deemed administratively complete no later than 180 days after commencement of operation and in accordance with theprocedures ofLAC 33:III.Chapter5. Lb.

- 4. 5. Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR) Louisiana Register Vol. 29, No. 08 August20, 2003 1676 Considerations. A significant net emissions increase in NO" CO, S02, PMjQ, and/or YOC in accordance with LAC 33:111.504 or 509, that is a direct result of, and incidental to, the installation ofNO, control equipment or implementation of a NO, control technique required to comply with the provisions of this Chapter shall be exempt from the requirements ofLAC 33:III.509 and/or 504, as appropriate, provided the following conditions are met: a. - b.ii. c. notwithstanding the requirements ·ofTable I of LAC 33:III.504, a significantnet increase ofYOC emissions at an affected facility located in the Baton Rouge Nonattainment Area shall be offset at a ratio ofat least 

### I: 1. Offsets shall be surplus, permanent, quantifiable, and federally enforceable and calculated in accordance with LAC 33:IILChapter 6; and

F.5.d.

- 

### G.!.

2. Emissions testing is required for all point sources that are subject to the emission limitations ofSubsection D of this Section or used in one of the alternative plans of Subsection E ofthis Section. Test results must demonstrate that actual NO, emissions are in compliance with the appropriate limits ofthis Chapter. As applicable, CO, S02, PMIO, and YOC shall also be measured if modifications, done to comply with this Chapter, could cause an increase in emissions ofany of these compounds. Performance testing ofthese point sources shall be performed in accordance with the schedule specified in Subsection J ofthis Section.



### G.3.

-H

.... 1. The owner or operator ofboilers that are subject to this Chapter shall demonstrate continuous compliance as follows: a. - b.ii.

111. install, calibrate, maintain, and operate a NO, CEMS to demonstrate continuous compliance with the NO, emission factors of Subsection D or E of this Section, as applicable. The CEMS shall meet all ofthe requirements of 40 CFR Part 60.13 and performance specification 2 of40 CFR 60, Appendix 

### B, or the requirements of40 CFRPart75 for units regulatedundertheAcid Rain Program; and iv.

- vi.

... 2. The owner or operator of process heater/furnaces that are subject to this Chapter shall demonstrate continuous compliance as follows: a. - b.vi. 3. The owner or operator of stationary gas turbines that are subject to this Chapter shall demonstrate continuous compliance as follows:

H.3.a.

- J.2. AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Environmental Assessment, Environmental Planning Division, LR 28:290 (February 2002), repromulgated LR 28:451 (March 2002), amended LR 28: 1578 (July 2002), LR 29:

A public hearing will be held on September 24, 2003, at 1:30 p.m. in the Galvez Building, Room Clll, 602 N. Fifth Street, Baton Rouge, LA 70802. The hearing will also be for the revision to the State Implementation Plan (SIP) to incorporate this proposed Rule. Interested persons are invited to attend and submit oral comments on the proposed amendments. Should individuals with a disa9ility need an

### James H. Brent, Ph.D. AssistantSecretary FISCAL AND ECONOMIC IMPACTSTATEMENT FORADMINISTRATlYE RULES RULE TITLE: Control ofEmissions ofNitrogen Oxides

Title 33 

### ENVIRON {ENTAL QUALITY art III. Air Chapter21. 

### Contr I 

### ofEmission ofOrganic Com ounds SubchapterA. Cen ral §2104. 

### Crude Oil nd Condensate

A. Applicabili

. This Section applies to any oil and gas production facili (SIC Code 1311), natural gas processing plant (SIC Code 1321), or natural gas transmission facility (SIC Code 492 that has a potential to emit 25 Tons Per Year (TPY) or more offlash gas to the atmosphere in 

### the NOTICE OF INTENT

Contrql ofEmission ofOrganic Compounds (LAC' 3:III.2104, 2108, 2115, 2123, 2125, 2143,2 47,2149,2151, and 2153)(AQ236)

Department ofEnvironmental Quality

Office ofEnvironmental Assessment

-Environmental Planning Division

Under the autl:l rity of the Environmental Quali Act, R.S. 30:2001 et se ., and in accordance with the pr visions ofthe Administrati ProcedureAct, R.S. 49:950 et eq., the secretary gives notic that rulemaking procedures ve been initiated to amend t e Air regulations, LAC 3 :III.2104, 2108, 2115, 2123, 21 ,2143,2147,2149,2151 and 2153 (Log #AQ236).

This

- Rule propos reasonably technology (RACT) re ulations for emissions in the fiv -parish Baton R uge ozone nonattainment area that ar subject to the ne lower major

_stationary source threshold f 25 tons per y ar. This Rule

also provides clarification to orne language t at was unclear or confi.lsing. On April 2 , 2003, the Environmental ProtectionAgency reclassified r "bumped lp" by operation ofthe law the Baton Rouge ozo enonattai ent area from a classification of "serious" to " evere", ective June 23, 2003 (68 FR 20077). The five- rish B ton Rouge ozone nonattainment area includes the p .shes ofAscension, East Baton Rouge, Iberville, Livingston, an West Baton Rouge. Under Section 182(i) of the 9 Clean Air Act Amendments (CAM), serious ozo nonattainment areas reclassified to severe are requir to submit State Implementation Plan revisions addr s ing the severe area requirements for the one-hour ozon tional Ambient Air Quality Standard. Under Section 18 (d) fthe 1990 CAM, severe area plans must include req erne ts for RACT rules for sources ofVOC emissions of 5 tons er year, which is the new lower major threshold in the e-parish Baton Rouge ozone nonattainment are . This Ru is also being proposed as arevision to the Lo lsiana State plementation Plan for air quality. The basis a d rationale fo this Rule are to comply with the provision of the 1990 ean Air Act Amendments.

This proposed Rule meet an exception lis d in R.S. 30:2019(D)(2) and R.S. 49: 53(G)(3); therefore, no report regarding environmentallhe thbenefits and social conomic costs is required. This pro sed Rule has no know impact on family formation, stabi ty, and autonomy as desc ibed in R.S.49:972.

RobertE. Hosse General Government Section Director Legislative Fiscal Office 

### accommodation in order to partIcIpate, contact Lynn Wilbanks at the address given below or at (225) 219-3550. Free parking is available across the street in the Galvez parking garage when the parking ticket is validated by departmentpersonnel at the hearing.

All interested persons are invited to submit written comments on the proposed regulation. Persons commenting should reference this proposed regulation by AQ234. Such comments mustbe received no laterthan October 1,2003, at 4:30 p.m., and should be sent to Lynn Wilbanks, Office of Environmental Assessment, Regulation Development Section, Box 4314, Baton Rouge, LA 70821-4314 or to fax (225) 219-3582 or bye-mail to lynnw@ldeq.org. Copies of this proposed regulation can be purchased by contacting the DEQ Public Records Center at (225) 219-3168. Check or money orderis required in advance for each copy ofAQ234.

This proposed regulation is available for inspection at the following DEQ office locations from 8 a.m. until 4:30 p.m.: 602 N. Fifth Street, Baton Rouge, LA70802; 1823 Highway 546, West Monroe, LA 71292; State Office Building, 1525 Fairfield Avenue, Shreveport, LA 71101; 1301 Gadwall Street, Lake Charles, LA 70615; 20

### I Evans Road, Building 4, Suite 420, New Orleans, 

### LA 70123; 

### III New Center Drive, Lafayette, LA 70508; 104 Lococo Drive, Raceland, LA 70394 or on the Internet at http://www.deq.state.la.us/ planninglregs/index.htm.

1. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATEORLOCALGOVERNMENTUNITS (Summary) There are no known implementation costs or savings to state or local governmental units. II. ESTIMATEDEFFECTONREVENUECOLLECDONS OFSTATE ORLOCALGOVERNMENTALUNITS(Summary) State government emissions fee collections are estimated to be reduced by a very minimal amount, probably less than $I,DOD, due to estimated reductions of70 to 80 tons per year that will result from the changes being made to the rule. Precise numbers are not available. ill. ESTIMATED COSTS AND/OR ECONOrvaC BENEFITS TO DIRECTLY AFFECTED PERSONS OR NONGOVERMvlENfAL GROUPS (Summary) It is anticipated that this rule will affect about 20 facilities that emit between 25 and 50 tons peryear ofnitrogen oxides in the Baton Rouge ozone nonattainment area. Anticipated costs are believed to be low, because some of these facilities may already be operating at the required level or they may be exempt; butno supporting data is available. N. ESTIMATED EFFECTONCOMPEITIlON AND EiMPLOYMENT (Summary) No significant effect on competition or employment is anticipated. Thomas C. Bickham, III Undersecretary 0308#064



### 1677 ouisiana Register Vol. 29, No. 08 August20, 2003

### UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1445 ROSS AVENUE, SUITE 1200 DALLAS, TX 75202-2733



## Ms. SandraHilton Office ofEnvironmental Assessment Environmental PlanningDivision LouisianaDepartmentofEnvironmental Quality P.O. Box 82178 BatonRouge, LA 70884-2178 DearMs. Hilton: On October 13, 2003, the U.S. EnvironmentalProtectionAgency (EPA) received an electronic copyofLouisiana'sproposedrules for Chapters 2,5,21 and 22. This lettertransmits EPA's comments onthoseproposedrules for AQs 220, 235, 236, and 234. The comments reflectinputfrom theAir Grants Section, AirPermits Section andthe AirPlanning Section. Theproposedrevisions mostlyreflect changes inthe BatonRouge ozonenonattainment area's reporting, permitting and controlrequirements based ontheBatonRougearea's reclassificationfrom serious to severe forthe,l.,.hour ozoneNatioqal AmbientA.ir'Qllality Standard (68FR 20077, April 24, 2003). Ingeneral, we supporttheproposedrevisionstothe**rules;'how.evef;~we:t>ffet:the:follo~~ngcornrIlen.:.t~,~sp()ints'9f** 

## clarification. AQ220:Chapter9. General Regulations on Control ofEmissions andEmissions Standards. EPA suggests thatinformation submittalsdealing with the emissions inventory (El) informationreporting be compatiblewith the general Federal reporting requirements. Additionally, the reporting threshold for lead shouldbe 5tpynot 10 tpy as is listed inthe proposedrule. TheNII3 point SOl.lrces greaterthan 250 tpy are not**sp~cifically** 

## listed in§919. A. 

## Applicabilitysubsection. However, weunderstandthatLDEQ's threshold for ammonia reporting is 10tpyforthe toxic datainventory (TEDI), and that all facilities thatreport to TEDl, also mustreport for emissions inventory. Finally, itis ourunderstanding that any source that reports to EIwill include ammoniaregardless ofthe potential to emit. We also understand thatthe emissions inventoryreportto EPAincludes actual emissions as well as.permitted emissions. AQ234. Chapter22. Control ofEmissions ofNitrogen Oxides (NOx) TheEPA supports theproposedrevisions to AQ234 whichwould**m<lke'them;co~sist~nt** 

## with Section 182 requirements ofthe Clean AirAct. We do wantto clarifythafwithin the

Internet Address (URL)
- http://www.epa.gov/earth1r6/ Recycled/Recyclable
- Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)

### 2 

### pennitting universe, ithas beenEPA's positionthat excess emissions from startups, shutdowns andmalfunctions willneedto be accounted inpennitting applicability determinatidps. On a separate yetrelatedmatter, although currentlythe NOx emissions from catalytic crackingunits are notregulated as apartofthe Louisiana SIP, webelieve future revisions to LAC 33:ill:2201 shouldincluderequirements regulating such emissions for consistencywith EPA's national initiatives. 

## AQ236. Chapter21. Control ofEmission ofOrganic Compounds EPA generally supports the revisions includedin AQ236 to introduce the revised .-',,,

..,.,:,.,exemptionthresholds**necess~ry** 

### forthe area's new severe classification. In 

### addition,we appreciate the revisions of§2104withtheintention ofmeeting the ReasonablyAvailable Control Technology (RACT) requirements of182(b)(2)(C) ofthe CleanAirAct. Webelieve the changes to §2104 will instituteRACT for sources greaterthan 250 tons/yr. It

### is not clear, however, that RACT is being implementedfor sources less than 250 tons/yrbecause therule allows these sources toobtainFederallyenforceablepermits to reduce emissions to less than 25 tons/yr (50 tons/yrin CalcasieuorPointe Coupee). This has the potential to allow less thanRACT control. Forexample, a source couldreduce its emissions from 30 tons/yearto 24 tons/yr, a

### reduction of only 20%. A 20%**r~duction** 

### wouldnot generallybe consideredRACT. RACT is the lowest achievable emissionratethatcanbe achieved consideringtechnical and economic factors. In

### the scenario above, ratherthan the lowestreasonably achievable emissionrate,justenough control wouldhavebeen employed. In 

### additionto clarifyingthe above, we suggestthatthephrase "an uncontrolled emission" bereinse.rted into §2108.A. Thankyou forthe opportunityto commentontheseproposedrevisions. We lookforward to the submittal oftheserule revisions for officialreview and approval. Ifyouhave any questions concerningthe comments on theproposedrevisions please contactMaria L. 

### Martinez, ofmy staff, at 214-665-2230. Sincerelyyours,

# ~1J,V~ Thomas H. Diggs Chief AirPlanning Section

cc: Teri Lanoue, LDEQ

# LOUISIANA MID-CONTINENT OIL AND GAS ASSOCIATION

801 NORTH BOULEVARD, SUITE 201, BATONROUGE, LA70802-5727 TELEPHONE (225) 387-3205 FAX (225) 344-5502 E-MAIL lmoga@lmoga.com
September 29, 2003

Ms. Lynn Wilbanks Regulation DevelopmentSection DepartmentofEnvironmental Quality Post Office Box 4314 Baton Rouge, Louisiana 70821-4314 Re: Control ofNitrogen Oxides Amendments (Log #AQ-234)
DearMrs. Wilbanks: The Louisiana Mid-Continent Oil and Gas Association appreciates the opportunity to submit the following comments on the proposed amendments to the Chapter 22 Control of Emissions of Nitrogen Oxides (NOx) regulations (Log #AQ-234) which appeared in the August 20, 2003 Louisiana Register. Mid-Continent is an industry trade association which represents individuals and companies who together produce, transport, refine and market crude oil, natural gas, petroleum products and electric power in Louisiana. Several Mid-Continent member companies in the production, pipeline and refining segments of the industry are affected by these amendments. Mid-Continent recognizes the Department is adopting these amendments as a result ofthe reclassification of the Baton Rouge ozone compliance classification from "serious" to "severe". This change is accurately described in the Notice ofIntent for this rulemaking. Since the proposal includes the minimal changes needed to comply with the reclassification requirements, Mid-Continent supports the proposed amendments. Mid-Continent wishes to take this opportunity to again express our significant concerns with the existing leanbum stationary internal combustion engine control factor of 4g/Hp-hour. These concerns were previously outlined in detail in the proposed NOx rule (Log#AQ-224) which is attached here to be included as part ofthis docket. Once again, Mid-Continent's primary concern is with the applicability of the control limit factor for those engines in pipeline transmission service that traditionally have very low capacity usage during the summer ozone season. While the current emissions factor is considered appropriate and cost effective for engine operating atconstantfull loading, they are not appropriate for engines operating atless than 50% load and/orfor variable loading conditions. The cost effectiveness of the required controls for these situations is, in MidContinent's opinion, notjustified. Since the original adoption ofthis rule, more information has been learned aboutthe causes ofthe Baton Rouge ozone exceedances. Most recent exceedances have occurred in the downtown area. This is a significant distance from the location ofthe compressors ofconcern to Mid-Continent which are atthe outskirts ofthe fiveparish areaorare in the area ofinfluence.I' 

### jiMs. Lynn Wilbanks

- Comments on Log#AQ-234 '.September 29, 2003 PageTwo

Mid-Continent requests the Department review the lean-burn engine thresholds based on the current ozone noncompliance information and reconsider the control levels for those lean-burn units in natural gas pipeline transmission service. Once again, Mid-Continent appreciates the opportunity to submitthese comments.
Sincerely,

RichardT. Metcalf Health, Safety andEnvironmental

Affairs Coordinator

## T-8T2 P.00Z/003 F-682 , Oct"'0\,-2003 09:28am From-ENVIRONflENTAL ElOl:onMobll Retlnlng and Supply Company P. O. Box 551 Bat.:ln Rouge, LA 70821·0551 

### 225-9771013 W. D. Fellows Environmental Manager

# IO~

# ~.**c&..iA-L.** ..'

# J**~tJ·**

# J~jJ.

October 1, 2003 

# E*,onMobii Refining &

# Supply

RECE1VED

7000 1670 0006 1701 0736 

# OCT /uv'

. 1 2003

Ms. 

## Lynn Wilbanks RegulationDevelopment Section Office ofEnvironmemal Assessment 

## LouisianaDepartment 

## ofEnvironmental Quality 

## P. O. Box 4314 

## BatonRouge, 

## La. 70821-4314



## DearMs. Wilbanks: l)i:QiOl:AiI'I'D 1I.I'(;[.II..\TIO:'-l fJEVi:1.0I'MENT SECTION·



### The attached comments regarding Prope/sed Rule AQ234 are submined on behalfof· 

### ExxonMobil Baton**Roug~** 

### Refinery and Chemical Plant.. We appreciate the 

### opportwlity to 

### commentonthe proposedrule

.

. Please do nothesitateto contactme at (225) 977-8430, ifyouneed more infonnation or

would like to discuss the corrunents. Sincerely,



## \rdf

## oct-al~2oo3 09:28am From-ENVIRONMENTAL 225-9771013 

## T-B72 P.003/003 F-682



# Comments on**]~roposed** 

# Rule AQ234 Chapter22

- Control ofEnaissions ofNitrogen Oxides (NOx)
We propose the following changes to the definition of

## Nifrogen Oxides (NOx) 

### in 

## LAC 33:III.2201.B: Nifrogen Oxides (NOx)

- the sum ofthe nitric oxide and nitrogen dioxide 

### in a stream measured in accordance with**me~urea** 

### bythe tes\ mcmQQs 

### in Subsection G ofthis Section, collectively expressed on a mass basis as nitrogen dioxide. Since the rule is designed to control nitrogen oxides, itis critical to 

### defme the term clearly and accurately. Lack ofclarity may result 

### in excess emissions ofnitrogen oxides and failure to achievethe

### primary purpose for which the rule has beenwritten. Forthese reasons, we believe itis importantto 

### retainthe phrase "collectively expressed as nitrogen dioxide". Furtherclarity can beprovidedby inserting the reference to 

### amass basis; we believe tIlls is necessary as all the standa.rds inthis rule are expressed on amass basis (pound/M1'vffitu). 

## In addition,current language 

### in LAC 

## 33:II1.220l.G.4-7 allows sourcesto petitionthe Administrator and/orAdminisrrative Authority for use of: alternative/equivalenttest methods, minormodifications to the listedtest methods orprocedures, customized factors, alternative equipment design! operational standards, and waivers (foremission testing conducted within previous 3 years). The suggestedchanges would allow sources to use any ofthese that are approved by the AdrninistratoriAdminisrrative Authority.

### , Oct-o\;.-2003 09:28am From-ENVIRONMENTAL 225-9771 0)3 

### T-S72 

### P.001/003 F-682 ElI;r;onMobll Refining & Supply POStOffice

## B"" 55 J Raton Rouge:. LA 70&21



### To: Lynn Wilbanks
From: W. Dave**Fel1ow~** Re: 

### Proposed Rule AQ234 

## cc; Fax:
Data; Pages: 

### 215-219-35&2
10/01103
3



## o Urgent 

# '. o ForReview 

### 0 PleaseComment



## • • 

# o Please 

### Reply



## • 

# o Please Recycle



### •

.;, I' ',.. I**,.:~/,.,'** 

## . ,,' ,"

'

.. ,;J' ... .

### ..'.'

, .1.:

# FlED COpy RECEIVED 

# 11e, () <3 

# r:I-tV 

# AUG 19 

# 2003 

# AFFIDAVIT OF PUBLICATION
tJEQIDEA/EPD REGlIl..\TION DEVf:I.OI'MENT SECTION 

# CERn

( A Correct Copy ofPublication) 

### I, LindaV. 

### Ward, Call Center Supervisor of THE TOWN TALK, published atAlexandria, Louisianado solemnly swearthat the

Public Notice advertisement, as perclipping attached, was lublished in theregular and entire issue ofsaid lewspaper, andnot in any supplementthereof )r one insertions commencing withthe issue ated August 13,2003 and ending with the \sue dated August 13, 2003.

# y.~

Subscribed and swomto beforeme this 13th 

### day of August, 2003

# ~lJcJlJ--ce2 Notary Public

# ~he**~imes-.picZl!1utle** CERT flED COpy

3800 HOWARD AVE. NEW ORLEANS, LA 70125-1429

P.O. BOX 

### 4313 

# AUG 14

Di:QiOEA/EPD REG!II.,\TION D[Vf:1.0PMENT SH'IIO:-.i



### Nota ublic My commission expires at my death. 

### Sworn to and subscribed before me this
f----

__ 

### 12_t_h_day of +-----;74- -r- / 

### LEC.,AL NJTICE

Was published in THE TIMES PICJ>"YUNE BATON ROUGE, 

### LA. 70821-4314

on the foIlowing dates_----=A:..:..:U::..:GU=S:...::T----=.l=-lL'

### --=2::..::0:...::0c.=3

_ RE: NOTICE OF INTENT DEPT. OF ENVIRONMENTAL ASSESSMENT ENVIRONMENTAL PLANNING DIVISION CONTROL OF EMISSIONS OF NITROGEN OXIDES 

### (NOX) LAC 33:111.2201) (AQ234) Advertisement of DEPT. OF ENVIRONMENTAL QUALTIY Personally appeared before me, a Notary in and for the parish of Orleans, Robert 

### J. Chiasson who deposes and says that he is the Accounts Receivable Manager, of The Times-Picayune Publishing Corporation, a Louis'lana Corporation, Publishers of The Times-Picayune, Daily and Sunday, of general circulation; doing business in the City of New Orleans and the State of Louisiana, and that the attached Parish of Orleans City of New Orleans State of Louisiana

FOHM 18(j.N

### Publisher of 

# THEADVOCATE CAPITAL CITY PRE.!.! 

# CERTIFIED CO·py RECEIVED 

# AUG 26 

# 3m

PROOF OF PUBLICATION DEQ/OEA/EI'l) REGlIL\TION DEVEI.OI'MENT SECTIO",

Sworn and subsc:ribltd bdorlt mit by thlt pltrson whoslt signaturlt a·p.pltars abovlt:

LA 10821-.11314
2673351 Notary Publ My Commission Expirlts: Baton Rouglt, Louisiana 

### 08/13/03 Thlt hltrltlo attachltd noticlt was

publishltd in THE ADVOCATE, a daily nltW$papltr of gltnltraIc:irc;ulation

publishltd in Baton Rouglt, Louisiana, and thlt Official Journal of thlt Statlt of Louisiana, thlt City of Baton Rouglt, and thlt Parish of East Baton Rouglt, in thlt following issults:

DEQ. REGULATION
PO BOX.lI314 BATON ROUGE

# AUG 1 9 2003

oEQ/OEA/EPO REGLlL\TION DEVEl.OPMENT SECTION



## personallyknownto me, 

# CERTIFIED COpy

Altheas Critton, 

# PROOF OF PUBLICATIO

August 13, 2003

DIANA W. BARBER/NOTARY PUBLIC CADDO PARISH, LOUISIANA MY C MM

### 1'5:'S:g);filt~ 

### t'\;

# to R L IFE
'.""L,\...". 

## (Signed)

# ~', As percopy ofadvertisementheretoannexed, was publishedin The Times on the following dates to wit: NOTICE OF INTENT Department ofEnvironmental Quality Office ofEnvironmentalAssessment Environmental PlanningDivision ControlofEmissions ofNitrogen Oxides (Nox) (LAC 33:III.2201) (AQ234) Before me, the undersigned authority, personally came and appeared

Who being duly sworn, deposes and says that she is the Assistantto the ClassifiedAdvertising ManagerofTheTimes, andthat the attached Advertisemententitled:

Swornto and subscribedbefore methis 13th 

## day of August 2003. STATE OF LOUISIANA PARlSH OF CADDO ..Under the authority of the Environmental Quality Act, RS 30:2001 et seq" and in accordance with the provisions of the' Administrative Procedure Act, R,S, 49:950 et Seq" the secretary gives notice Ihal rulemaking procedures have been Iniliated to amend Ihe Air regulations, LAC 33'\11;2201 (Log #AQ234), NOTICE9,F;iNJENT', :,:,'**,l~r-~~I~yn)7c7rS;:i::':).,',** 

### {,;':"'Y':rr:·"\;f'C::":"::-'-",,: "**~D~iiartm~·M(of:Environ.** mental Quality OHics' 01 Environmental Assessment Environmental Planning Division

, Control 01 Emissions of Nitrogen Oxides (NOx) (LAC 33:1!1.2201 ) (AQ234)

..The revision proposes reasonably availablecanttol technology (RACT) rules for sources of nitrogen oxides (NOx) emis
### Isions in th,e" five'parish

Baton Rouge OlOne

, 'nonattainment' srea thai

,are subject \0 the 'new lower malor', stationary source threshold of' 25 'tons per year, ' The pro- 'posed revision alf;O in·

, cludes rule' clarifications, 

# 1

On April 24,2003, the ,'Environmental Prolec-' ',tiOh Agency, re,classified

,or "bumped up" by operation of law, the Salon I Rouge ozone

, nonattairiment area from

a claSSification 'of**IIsetlouS~** to·\Iseverelt, "effective June 23, 2003 (68 FR 20077), The fiveparish Baton Rouge ozone nonattainment area indudes Ihe parish- ,es' 0,1 ,Ascension East",

, Balon, 'Rouge,lbervllle, ,!

livingston. anoWEist Bat.

,on, Rouge, Under, 'Section 182(1) 01 the 1990 Clean 'AirAcI Amend-' ,menlslCAAA). Serious ozone' nonattalnment

, areas ,reclassified'to se-

, vere'ars,required to sub-

,'mrt Stale,fmplementatlon

, Plan':reVisi6Qs,address,

, :**lnglh'e,severe,~area** reI quirements"foi'l';ihe one-**;,/1olircizor~** 'National Am· :bienf'Alr'Quality Standard ""Under Section'

, 1B2(d):of,,>,the 1990 :,r:;AAA,:' severe ,'area

plansmuSl"/nclude'reqUiremEmts'!or RACT rule& ,lor sOLirces 01 NOx :'**emj~sl(lns** dl',25 ,tons peri year
..**:~hlchlsd~e** newe,: "lower, " 'rnaJ,or <source, ,threshold 'in the::'dive'" pansh, Baton, R9uge'

,**o~one** 'honaltainmefl\ ' 'area, This rule:is'also be:, ,ing, proposed as a revi-, sion to the Louisiana 'Slatelmplementat[oji' :';

Plan tor air quality,,"::1'he :: basis and**rati~lI:Ia,e"i!l('** thiS rule are' to:**':com~ty** wrth the provislons'o; the 1990 Clean Air ,Act "Amendments' ,,'**~~- ·~..,t~**  ....:..i

# "'"
""'"--.Jr!".> \'._- '\

...**~: ~\".~\,-"**  

### 'f' d,

. r-I

## ~ill 

# . elt;
'available i ltie's!reelln :lt1e'**.Ive~,"parkirig** "garagei**~M'!he** ,pinking**,ti~ket** i**is:~vall.dated** ';'M:pepao:

### I ment' ·personnel at"the'

.hearing, ,.Allinlerested persons, are:invlledto.submi! wrrt-! tencommetJts on!the pro.!**'pbs~d, reg~lati9h/**  p¢r- ,:sons.commentirig/shoUld**'/Eifen}n,C~.** this,':;propqs!f;l

..rElguJatlon' ,by,"**'~C1234,'**

.Such:commenls',niu'st-:be' received rio later""than.1**.oCf~,b,ilr** 1,**?Od3,;t~(.'~:3¢'i** ?'P;m,,:and shOuld Be sen!,**·~;:tq:'~Y,~.~,J'l.I}~~n~~,~,9ttiga;'i**

. ''f:ol**Eq\llfonme.nlaIMse$S'~**

ment,R,egulalionJJsyel: .; c:lpmenl

.... Se9!IOfli :' ;Box

43t<1,Batori'RoUge: LA "70821-4314 or to FAX "(225) 219-3582 or by 

### em,ail to Iynnw@ldeq.org." '; COpies of this. proposed'. 'regulation can be pur' :chaSed bycontacllng the DEQ: Public 'ReCOrds' Cenler at (225) 219- 3168. CheoKfOf money 

## 9sdar is requifeo '.in adI vance lor each copy of! i'<Q234,

This proposed regula" lion is available for inSpeclion aUhe':!ollowlng Ii)EO ofticeil 'loi:Bilons ,trom 8 am '.(intfl' 4:30 \**~:i,m,:602** N: Fifth .Street, Baton Flouge" LA 70802:

. I 823 Highway

. 546;',West ,Monroe, LA, 71292; Sta:teOftice Build:.: Ing,152SFairtield,Av&',: I'nue,
- Shreveport/''lA" 171101:

. l-GOl 'Gadwan 

### I Street, Lake Charles, LA 70615; 201 Evans ROfrd, 

### I BUilding 4,' Suite 420, : New Orleans,'LA 70123;' 

### I , 111 New Center Drive" ; Lafayette; LA 70508; : 

### J 104 Lococo

.. Drive, ;

Raceland, LA 70394 or on the Intemet at i http://www.deq.slale.la. U

### L,

## ~lanning/reg;/indl;lx;f1!!'ri;i,**t~;i",""**

..James H,**Bfent,Pn~:** .' ',AssislantS€crets'rY";'P The Times; ,....:.' .,i;L,

. i

.

. Augus(:l3:',20 '

......

## AUG 28 2003 

# THEADVERTISER RECEIVED 

# I I**'--------~** DEQiOEA/E I' [) RfGlIL\T10N OEVEl.OI't'vlENT SEC**1I0~**

221 

### JEFFERSON STREET Lafayette, LA 70501 Acadiana'g Daily Newspaper

# CERTIFIED COpy :;z;

PHONE: (337) 289-6300 FAX: (337) 289-6466



## AFFIDAVIT OF PUBLICATION

Lynn Wilbanks Department of Environmental Quality Regulation Development Section p.O. Box 4314 Baton Rouge, LA 70821-4314 Account No.: L-D EQRDS Ad Number: 07525529 Ad Total: $95.00 Ad Inches: 16

....IN ORDER to insure proper credit please refer to your account number andl or ad number when making payment. I,ROSE PENFOLD, do solemnly swear that I am the LEGAL CLERK of THE ADVERTISER, a newspaper printed and pUblished at Lafayette, in the Parish of Lafayette, State of Louisiana, and that from my personal knowledge and reference to the files of said publication, the advertisement of 

### NOTICE OF INTENT Department of Environmental Quality Office of Environmental Assessment Environmental Planning Division Control of Emissions of Nitrogen Oxides (NOx)**~fA;'Q234J**

was published in 

## THE ADVERTISER on the following dates: 'jfT.,p' 

### *TUESDAY, AUGUST 12, 2003

Sworn to and subscribed before me this 

# :J6Aday of August, 2003.

# AJ<ag~~**vL~** NOTARY PUBLIC-.;,..., 'SSI'S

# i~~fl~l~}g;',:.~~~;~~Q0··



# . . ..... .r
. ':**~:~** r·

## A daily newspaper ofgeneral circulation.

2003 AD -.=**\'~:-~ ·'I.;:-'-~r~·-**  . 

# ·CER1'IFIED COpy-"I· c?-t/J

# 3

Publisherof 

## THE NEWS-STAR 

# o ROE, LOUISIANA OF OF PUBLICATION 2003

Published in Monroe, Louisiana.

LEGALAD DEPT. Parish ofOuachita in the issues of: was published in the NEWS-STAR. 

## The hereto attached advertisement

Sworn and subscribed before me by 

# 28 

# AUG RECEIVED

Dl:QiOEA/EI'l) REGlIL\TION DI'VEI.OPMENT SIT 110:-;



# ----'-1_tJ_day of 

## The person whose signature appears above in Monroe, LA on this

i \**I~;·** . ; ..:..-.**~~-~** · \ :'-:

## STATE OF LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY

IN RE: CONTROL OF EMISSIONS OF NITROGEN OXIDES (NOx) LOG #: AQ234 PUBLIC HEARING

The Public Hearing held by the Louisiana Department of Environmental Quality, Regulation Development Section, at the Galvez Building, Room C111, 602 N. Fifth Street, Baton Rouge, Louisiana, beginning at 1:43 p.m., on September

BEFORE: 

## Lori B. Overland Certified Court Reporter In and For the State of Louisiana



# ASSOCIATED REPORTER (225) 216-2036 

## .-.- -RECEIVED' 

# ,IR. OCT 6 2003

DEQ/OEA/f.I'D '" REGlIL\T10N DEVEl.OPMENT SEenO:-: ',

. 

# .

### DEPARTMENT OFENVIRONMENTAL QUALITY A P PEA RAN C E S
FOR THE LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY: 

## Cheryl Flory Hearing Officer Department of Environmental Quality OEA/Regulation Development, 6th Floor P.o. 

## Box 4314 

## Baton Rouge, Louisiana 70821-4314



# * * * * * 2



### ASSOCIATED REPORTERS, INC. (225) 216-2036

### DEPARTMENT OFENVIRONMENTAL QUALITY I N D E X


## EXAMINATION: None
EXHIBITS: None
REPORTER'S PAGE REPORTER'S CERTIFICATE



# * * * * *

ASSOCIATED REPORTERS, INC. 3



## PAGE(S)

7 8



### (225) 216-2036

### 1 

### 2 3
4 

### 5 6 

### 7 

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## 10 11 

## 12 13 14 15 16 17 18 19 

## 20 21 22 

## 23 24 25 

### DEPARTMENT OF ENVIRONMENTAL QUALITY



# * * * * * MS. CHERYL FLORY: 

## Good afternoon, ladies and gentlemen. My name is Cheryl Flory. 1 1 

## m employed with the Louisiana Department of Environmental Quality. I'll be serving as hearing officer this afternoon to receive comments regarding proposed amendments to the Air and Solid Waste regulations, and to the State Implementation Plan for Air Quality. The comment period for these amendments began on August 20, 2003, when the notice of intent was published in the Louisiana Register. The comment period will close at 4:30 p.m., October 1,2003. It would be helpful to us if all oral comments received today were followed up in writing. This public hearing provides a forum for all interested parties to present comments on the proposed changes. 1 1 

## 11 ask that each person commenting come up and sit at the front table and begin by stating his or her
name and affiliation for the record. The next amendment is designated by 4



### ASSOCIATED REPORTERS, INC. (225) 216-2036

### 1 2 3 

### 4 5 

### 6 7 8 

### 9 

## 10 11 

## 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DEPARTMENT OF ENVIRON1vfENTAL QUALITY 

## the Log Number AQ234. The revision proposes reasonably available control technology (RACT) rules for sources of nitrogen oxides emissions in the five-parish Baton Rouge ozone nonattainment area that are subject to the new lower major stationary source threshold of 25 tons per year. The proposed revision also includes rule clarifications. On April 24, 2003, the Environmental Protection Agency reclassified or I1bumped up" by operation of law the Baton Rouge ozone nonattainment area from a classification of I1serious" to "severe", effective June 23, 2003 (68 FR 20077) The five-parish Baton Rouge
ozone nonattainment area includes the parishes of Ascension, East Baton Rouge, Iberville, Livingston and West Baton Rouge. Under Section 182 (i) of the 1990 Clean Air Act Amendment (CAAA), serious ozone nonattainment
areas reclassified to severe are required to submit State Implementation 5



### ASSOCIATED REPORTERS, INC. (225) 216-2036

## (No MS. 1 

### 2 3 4 

### 5 6 7 

### 8 9 

## 10
11 

## 12 13 14 15 16 

### 17 

## 18 19 20 21 22 

## 23 24 DEPARTMENT OF ENVIRONMENTAL QUALITY 

## Plan revisions addressing the severe
area requirements for the one-hour
ozone National Ambient Air Quality Standard. Under Section 182 (d) of the 1990 CAAA, severe area plans must include requirements for RACT rules for
sources of NOx emissions of 25 tons per year, which is the new lower major
source threshold in the five-parish Baton Rouge ozone nonattainment area. This rule is also being proposed as a revision to the Louisiana State Implementation Plan for air quality. Does anyone care to comment on this regulation? response.) CHERYL FLORY: 

## If not, the hearing on AQ234 is closed. I'd like to thank you for your attention and participation. This hearing is closed. THE HEARING WAS CONCLUDED AT 1:45 P.M.



# * * * * * 6



### ASSOCIATED REPORTERS, INC. (225) 216-2036

## 1 DEPARTMENT OF ENVIRONMENTAL QUALITY
REP 0 R T E R 

# s P AGE 7

2 

### I, 

## Lori B. 

## Overland, Certified Court 3 Reporter, in and for the State of Louisiana, the 4 

## officer, as defined in Rule 28 of the Federal 5 Rules of Civil Procedure and/or Article 1434 (b) 6 of the Louisiana code of Civil Procedure, before 7 whom this sworn testimony was taken, do hereby 8 state on the Record 9 

## That due to the interaction In the 10 spontaneous discourse of this proceeding, dashes 11 (- -) have been used to indicate pauses, changes 12 in thought, and/or talk overs; that same is the 13 proper method for a Court Reporters's 14 transcription of proceeding, and that the dashes 15 (--) do not indicated that words or phrases have 16 been left out of this transcript; 17 

## That any words and/or names which could not 18 19 20 

## 21 22 

## denoted withthrough reference material have been
the phrase

# ~~~:~~_ Lori Overland, C.C.R.

ASSOCIATED REPORTERS, INC. (225) 216-2036

## 1 2 

## DEPARTMENT 

## OF ENVIRONMENTAL QUALITY 

## C E R T I FIe A T ION 

## I, the undersigned reporter, do hereby 8



## 3 certify that the above and foregoing is a true 4 and correct transcription of the stenomask tape 5 of the proceedings had herein, taken down by me 6 and transcribed under my supervision, to the 7 best of my ability and understanding, at ,the 8 time and place hereinbefore noted, in the above 9 entitled cause. 10 

## I further certify that the witness was duly 11 sworn by me in my capacity as a Certified Court 12 Reporter pursuant to the provisions of R.S. 13 37:2551 et seq. in and for the state of 14 Louisiana; that I am not of counsel nor related 15 to any of the counsel of any of the parties, nor 16 in the employ of any of the parties, and that I 17 have no interest in the outcome of this action. 18 

## I further certify that my license is in good 19 20 

## 21 22 

## 23 standing state of as a court reporter in and for the Lou i s iana .

# ~~ 

# tl J

. () 

# I**~~~-~~** Lori Overland, C.C.R.

'·

....l_

..**,{;,~i'** • \,I.I'ill ..• '.1'.



## ASSOCIATED REPORTERS, INC. (225) 216-2036