State of Louisiana

Department of Environmental Quality

KATHLEEN BABINEAUX BLANCO

GOVERNOR

June 15,2005

Mayor Richard E. Greene

Administrator (6RA)

US EPA Region 6

1445 Ross Avenue, Suite 1200

Dallas, TX 75202-2733

RE: State Implementation Plan (SIP) Revision

Baton Rouge Severe Area Rule Update

Dear Mayor Greene:

MIKE D. McDANIEL, Ph.D.

SECRETARY

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The State of Louisiana has approved and is submitting the Baton Rouge Severe Area Rule

Update SIP revision for Baton Rouge as required by Section 182(d) ofthe Clean Air Act.

Please contact the Environmental Planning staff through Teri F. Lanoue at (225) 219-3550 if

you have questions.

Best wishes and warm personal regards.

Mike D. McDaniel, Ph.D

Secretary

c: Mr. Thomas H. Diggs, Section Chief

Enclosure

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Office of the Secretary P. O. Box 4301 Baton Rouge. LA 70821-4301

Telephone: (225) 219-3950 Fax: (225) 219-3970

An Equal Opportunity Employer

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REVISION TO THE STATE I~fPLENrENTATIONPLAN (SIP)

FOR THE CON'TROL OF OZONE AIR POLLUTION

Baton Rouge Severe Area Rule Update
Purpose:

Baton Rouge Severe Area Nonattainment Rules Update to the

Louisiana State Implementation Plan (SIP)

In response to the reclassification ofthe Baton Rouge area from "serious"

to "severe" by the Environmental Protection Agency (EPA) effective June 23, 2003, (68

FR 20077) the Louisiana Department of Environmental Quality (LDEQ) promulgated

revisions to the air quality regulations in the Louisiana Administrative Code (LAC). This

SIP submittal includes revisions ofChapter 5, Permit Procedures; Chapter 21, Control of

Emission of Organic Compounds; and Chapter 22, Control of Emissions of Nitrogen

Oxides (NOx). LDEQ is incorporating these rule revisions into the SIP to fulfill the

requirements ofthe "severe" classification mandated by the Clean Air Act Amendments

(CAAA) of 1990.

Authority: Revisions to or adoptions ofthe Air Quality rules and regulations are

made in accordance with Louisiana RS 30:2019. This SIP revision is submitted in

accordance with 40 CFR Part 51 Appendix V and policy established by Region 6.

Chapter 5 - Permit Procedures (Appendix A): Section 182(d) ofthe CAAA required

the Baton Rouge area to lower the major stationary source threshold for VOC and NOx

emissions from 50 tons per year (tpy) to 25 tpy. As a result, additional sources have

become subject to the Title V operating permits program. The affected sources are those

with a potential to emit at least 25 tpy of either VOC or NOx, or both VOC and NOx, as

well as any new major stationary source. All facilities that were impacted by this

requirement had an application deadline ofJune 23, 2004, according to LAC

Baton Rouge Severe Nonattainrnent Area Rule Update

June 2005

1
33:lII.507.C.3. This rule revision also includes a clarification ofthe internal offset ratio

that facilities must meet dependent upon the date that a permit application is deemed

administratively complete.

Chapter 21 - Control of Emission of Organic Compounds (Appendix B): LDEQ

revised LAC 33:III Chapter 21 to establish requirements in the 5-parish Baton Rouge

area for smaller VOC sources - equal to or greater than twenty-five tons per year and less

than fifty tons per year. LDEQ estimates that 16 facilities will be affected by the

proposed revision.

The following sections ofChapter 21 have been revised:

21 04 - Crude Oil and Condensate

2108 - Marine Recovery

2115 - Waste Gas Disposal

2123 - Organic Solvents

2125 - Vapor Degreasers

2143 - Graphic Arts

2147 - Limiting VOC Emissions from SOCMI Reactor Processes and Distillation

Operations

2149 - Limiting VOC Emissions from Batch Processing

2151 - Limiting VOC Emissions from Cleanup Solvent Processing

2153 - Limiting VOC Emissions from Industrial Wastewater

Chapter 22 - Control of Emissions of Nitrogen Oxide (Appendix C): LDEQ revised

LAC 33 :III Chapter 22 to establish requirements in the 5-parish Baton Rouge area for

smaller NOx sources - equal to or greater than twenty-five tons per year and less than

fifty tons per year. All other provisions ofChapter 22 remain the same.

Baton Rouge Severe Nonattainment Area Rule Update

June 2005

2
The rule establishes the following emission limits for small sources:

• Electric Power Generating System Boilers

Coal-fired 0.50 Ib/MNIBtu

Number 6 Fuel Oil-fired 0.30 Ib/MMBtu

All others (gaseous or liquid) 0.20 Ib/MMBtu

Industrial Boilers 0.20 Ib/MMBtu

• Process Heaters/Furnaces

Ammonia Reformers 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

• Stationary Internal Combustion Engines

Lean-burn 10 g/Hp-hour

Rich-burn 2 g/Hp-hour

Baton Rouge Severe Nonattainment Area Rule Update

June 2005 3
Appendix A:

Chapter 5: Permit Procedures

§504. Nonattainment New Source Review Procedures
RULE

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 of Radioactiv. 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.

HISTORICAL NOTE: 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),

LR 29:701 (M 2003), LR 30:752 (April 2004).

Under the authority of the Environmental Quality Act,

R.S. 30:200 I et seq., and in accordance with the provisions

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

secretary has amended the Air regulations, LAC 33:III.504

(Log#AQ235).

The purpose of the 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

of failure 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 Clean Air Act 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 of Environmental Quality

Office of Environmental Assessment

Environmental Planning Division

Nonattainment New Source Review Procedures

(LAC 33:III.504)(AQ235)

Title 33

ENVIRONMENTAL QUALITY

Part III. Air

Chapte r 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 of this

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 of this

Section governing severe ozone nonattainment areas shall

apply to VOC and NOx increases.

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 HORlTY NOTE: Promulgated in accordance wit

30:218 et seq.

HIST RICAL NOTE: Promulgated by the Depa ent of

Environ ntal Quality, Office of Solid and Hazardo s Waste,

Hazardous Waste Division, LR 22:827 (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 et seq., and in partie lar 2074 B)(3) and (4).

HISTORICAL NOTE: Pr mulga ed 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), LR 26: 1609 (Au u t 2000), LR 27:2231 (December

2001), LR 28:996 (May 2002), R 9:700 (May 2003), LR 30:752

(April 2004).

Chapter 49. Incorpor tion b Reference

§4901. 40 CFR Part 1 6

A. 40 CFR Part 36, Guide ines Establishing Test

Procedures for the An ysis of PoUut nts, July 1, 2003, in its

entirety, and amendm ts to Part 136 68 FR 43271-43283,

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 et seq., andn particular 2074(B)(3) a d (4).

HISTORICAL N 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 200 I), L 28:996 (May

2002), LR 9:700 (May 2003), repromulgated LR 30:232

(February 2 4), amended LR 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 et seq., and in particular Section 2074(B)(3) and (4).

HI TORICAL NOTE: 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 200 I), LR 28:996 (Ma

Louisiana Register Vol. 30, No. 4 April 20, 2004 752
financial 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 RICAL NOTE: 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 of Business 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 of assist nce and promotion.

AUTHORITY N TE: Promulgated in ac rdance with R.S.

51 :942.

HISTORICAL NO 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 as set orth bow.

Assistant Secretary" t e ssistant secretary of the

Department of Economic D we pment.

Certification" the dete . ation that a business 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

of the Department of Ec 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" e secretary ofthe 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 small and emergi business

for purp ses ofthis Chapter.

S II and Emerging Business Person" a citize or legal

reside t of the 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 April 20, 2004

erging Business Development Pr gram

LAC 19:II.Chapters 1-13)

epartment of Economic Development

Office of Business 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, if the owner or operator ofthe

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 of at least 1.40 to

I (if reviewed under requirements for serious areas) or 1.50

to 1 (if reviewed under requirements for severe areas), then

the requirements for LAER shall not apply.

0.4. - Table I. "PM lO".

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Radiation

Protection, Air Quality Division, LR 19: 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 of Policy

cordance with the provisions of R.S.

ovisions of the 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 of the 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 of the 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 of the 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

Nonattainment New 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 of the 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 Air Act. This action is being mandated by the US

EPA. The basis and rationale for this Rule are to comply

with the provisions of the Clean Air Act Amendments.

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 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.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:IlI.519.A on or after December

20, 2001 and prior to June 23, 2003, the provisions of this

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.A on or after June 23, 2003, the provisions ofthis

Section governing severe ozone nonattainment areas shall

apply to VOC and NO, 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, if the owner or operator of the

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 of at least lAO to

I (if reviewed under requirements for serious areas) or 1.50

to I (if reviewed under requirements for severe areas), then

the requirements for LAER shall not apply.

D.4. - Table 1."PM10'"

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Radiation

Protection, Air Quality Division, LR 19: 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 29:

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

Robert E. Hosse

General Government Section Director

Legislative Fiscal Office

Department of Environmental Quality

Office of Environmental Assessment

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 refere ce this proposed regulation by AQ2 . Such

comments mu be received no later than 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 purchased b contacting the

DEQ Public Recor Center at (225) 219 168. Check or

money order is requir d in advance for eac copy of AQ220.

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 Center Drive, 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.

Assistant Secretary

0308#066

I. ESTIMATED TO

STATEORLOC

There will e no costs or savings 0 state or local

govemmentalt its as a result ofthis Rule.

II. ESTIMATED cr ON REVENUE COLLE

ORLOCAL VERNMENTAL UNITS (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 EFFEcr ON COMPEITTION AND EMPLO~Al~l'T"

(S )

No effect on competition or employment is anticipate .

Under the authority of the Environmental Quality Act,

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

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

1685 Louisiana Register Vol. 29, No. 08 August 20, 2003
NOTICE OF INTENT

Waste Tire Regulations

(LAC 33:VII.l0505, 10519. 10525.

10527, and 10533)(SW034)

Department of Environmental Quality

Office of Environmental Assessment

Environmental Planning Division

* * * 'djustment Tire a tire that becomes unusa

reas n within the manufacturer's control and is turned to

the ealer under a tire warranty by the tire manufac

a ustments are initiated by the consumer.

* * *

Under the uthority of the Environmenta Quality Act,

R.S. 30:200 I e seq., and in accordance wit the provisions

of the Administ tive Procedure Act. R.S. 4 .950 et seq., the

secretary gives n tice that rulemaking 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 currently no

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 lIhealth be 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

Part VII. Solid Was e

Subpart 2. Recyclin

Chapter 105. Waste Tires

§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 .

Robert E. Hosse

General Government Section Director

Legislative Fiscal Office

Thomas C. Bickham, III

Undersecretary

0308#063

FISCAL AND ECONOMIC IMPACT STATEMENT

FOR ADMINISTRATIVE RULES

RULE TITLE: Nonattainment New Source

Review Procedures

James H. Brent, Ph.D.

Assistant Secretary

1. ESTIMATED J1V[PLEMENTATION COSTS (SAVINGS) TO

STATE ORLOCAL GOVERNMENT UNITS (Summary)

There are no known implementation costs or savings to

state or local governmental units.

n. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE

ORLOCAL GOVERNMENTAL UNITS (Summary)

There is no known effect on revenue collections of state 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. ESTIMATED EFFECT ON COMPETITION AND EMPLOYMEl'.'T

(Summary)

There is no known effect on competition and employment.

parking garage when the parking ticket IS validated by

department personnel 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 must be received no later than 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 order is required in advance for each copy of AQ235.

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, LA 70802; 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 August 20, 2~03 1686
Page 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 under the "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

OIL AND GAS ASSOCIATION

801 NORTH BOULEYARD, SUITE 201, BATON ROUGE, LA 70802-5727

TELEPHONE (225) 387-3205 FAX (225) 344-5502

E-MAIL lmoga@lmoga.com

September 29, 2003

Ms. Lynn Wilbanks

Regulation Development Section

Department of Environmental Quality

Post Office Box 4314

Baton Rouge, Louisiana 70821-4314

Re: Proposed NSR Amendments

Log #AQ-235

Dear Mrs. 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 area are subject to the NSR permitting rules.

Mid-Continent supports the proposed amendments to the NSR rules. 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 under the "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. 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 greater emission reductions than those achieved by a "LAER only" provision.

This option is authorized by the Clean Air Act and should be retained.

Once again, Mid-Continent appreciates the opportunity to submit these comments.

Sincerely,

Richard T. Metcalf

Health, Safety and Environmental

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

----'-=- 13c:....th day 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 of Publication)

'j

'.j.

~.;!

I, Linda V. Ward, Call Center Supervisor

of THE TO'YVN TALK, published at Alexandria,

Louisiana do solemnly swear that the

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 TELEPHONtr:-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

12th day of

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

CIT Y PRE I I

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

personally known to me,

t ~otary)

.- " .

QrhrQ[imt£l

Altheas Critton,

PROOF OF PUBLICATIO

CERTIFIED Copy

NOTICE OF INTENT Department of Environmental Quality Office

ofEnvironmental Assessment Environmental Planning Division

Nonattainment New Source Review Procedures (LAC 33:III.504)

(AQ235)

As per copy of advertisement hereto aImexed, was published in

The Times on the following dates to wit:

(Signed)

August 13, 2003

Before me, the undersigned authority, personally came and appeared

%0 being duly sworn, deposes and says that she is the Assistant to the

Classified Advertising ManagerofThe Times, and that the attached

Advertisement entitled:

STATE OF LOUISIANA

PARISH OF CADDO

Sworn to and subscribed before me 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 apply to volatlle,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; lachie~ableefnls6lon ratEl" I(ViER};lf Internal.ott!l~ts~

I~~~~t~~::~:1::;j:.:;;:']I!,;;~~~

!

.. on"AP.d.J.",24t,2OQ3.,':tM,':' Eiwlroomentel"'\,l'r'9teC.'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 parlsh":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

. staUQnarysource thresh,

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' n -isP""~'M;~f\1t;': .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,

!1

1

: Raceland' LA 70394"'or ~~?,; on ,the' \'lliteniiiF'c at

}.('; 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'[lenlation:~ \@:~,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~cimQi6datldriiinor.~1 ,der.-';,!o;,,;pai't!clpale; con.';

,tact", Lynn Wilbanks·

i at;"

the' address giyen below

J

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.mrt writ-'

lencommeri!~.:~trthe 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,~,'.:.,'.:...',-.•!'¥,..;.~~~; '.,."/"',:;;,·~'}, ",'" --...

..

"r::,:,;~ '. ,~,

...:.:..~.·..:,?;'~'i.. ':'';:,~'' ': ';1,<

_,.,. :l(!,> 'I'<;;k'('(!;j~;'i!"rf?<, ..'~';

..,..~'~.,'!::~~\(~'; .',: ,'.'::;:: ::.-;.:;.",":: c~"' ',' :'1'.:,:, '.:"i':;:'~':-i
19 aJ03

RECEIVED

AUG

DEQ/Ol:AlEPD

EGUL\TION DEVELOPMENT SECTION

personally known to me,

CERTIFIED COpy

" I

DIANA W. BARB~R, ,~OTARY PUBLIC

CADDO PARISH, LOUISIANA

My' COMMISSION IS FOR LIFE

<1fhr QLimt5

(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 Assistant to the

Classified Advertising Manager of The Times, and that the attached

Advertisement entitled:

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 lTialidated r 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 Department of Environmental I, Amendments. .. n eres e persons' . .

are inVited tosubmll writ- Quality Office ofEnvironmental Assessment Environmental Planning Th' d rUl len comments on the pro·

;;'ee't~ agr~~g:~hon Ii~~ posed, .r,eglJlalio,n~.:. Per·: Division Nonattainment New Source Review 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 per copy of advertIsement hereto annexed, was publIshed In . II '0 t i p.m., and should be sent . '. . socia economic cs s s to Lynn Wilbanks, Office The TImes 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 4 30 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 . ,

der an accommodation to "articlnate, incan·' or· 70802;18~~ .

H'n" I".,way I~' • 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 ~/
. ~.

-

-

..

•

•

•
A daily newspaper of general 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 of Ouachita 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':Saction1

'· 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,

Roo m 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 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 ENVIRONNIENTAL QUALITY

I N D E X

EXAMINATION:

None.

EXHIBITS:

None

REPORTER'S PAGE

REPORTER'S CERTIFICATE

* * * * *

ASSOCIATED REPORTERS, INC.

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PAGE(S)

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(225) 216~2036
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DEPARTMENT OF ENVIRONMENTAL QUALITY

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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
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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

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be verified

denoted with

through reference material have been

the phraseJiJ~~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

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standing

state of

as a court reporter in and for?Jh

Lou i s ian a_.e:--==='"::::=:::::::,;=::;::;:::::.~ ~~' [)

----------------------

Lori Overland, C.C.R.

ASSOCIATED REPORTERS, INC. (225) 216-2036
NOTICE OF INTENT

Department of Environmental Quality

Office of Environmental Assessment

Environmental Planning Division

Repeal of Interpollutant Trading

(LAC 33:111.504) (AQ242)

Under the authority of the Environmental Quality Act, R.S. 30:2001 et seq., and in

accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., the

secretary gives notice that rulemaking procedures have been initiated to amend the Air regulations,

LAC 33:III.504 (Log #AQ242).

This rule revision proposes to disallow interpollutant trading and repeals the option of using

creditable nitrogen oxide (NOx) reductions to offset significant increases of volatile organic

compounds (VOC). The Baton Rouge ozone nonattainment area has not attained the one-hour ozone

air quality standard. Some exceedances in the area characterized by rapid ozone formation may have

been caused by releases of highly reactive VOc. The rule revision is proposed to prevent possible

increases in these types of occurrences. The basis and rationale of this proposed rule revision is to

provide more protection for air quality in the Baton Rouge ozone nonattainment area.

This proposed rule meets an exception listed in R.S. 30:2019(0)(2) and R.S. 49:953(G)(3);

therefore, no report regarding environmental/health 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.

A public hearing will be held on June 24, 2004, at 1:30 p.m. in the Galvez Building, Oliver

Pollock Conference Room Clll, 602 N. Fifth Street, Baton Rouge, LA 70802. 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 Judith A. Schuerman, Ph.D.,

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 department personnel at the hearing.

All interested persons are invited to submit written comments on the proposed regulation.

Persons commenting should reference this proposed regulation by AQ242. Such comments must be

received no later than July 1,2004, at 4:30 p.m., and should be sent to Judith A. Schuerman, Ph.D.,

Office of Environmental Assessment, Environmental Planning Division, Regulation Development

Section, Box 4314, Baton Rouge, LA 70821-4314 or to FAX (225) 219.3582 or bye-mail to

judith.schuerman@la.gov. Copies of this proposed regulation can be purchased by contacting the

DEQ Public Records Center at (225) 219-3168. Check or money order is required in advance for

each copy of AQ242.

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, LA 70802; 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; 111 New Center Drive, Lafayette, LA 70508; 104 Lococo Drive, Raceland, LA 70394 or on

the Internet at http://www.deq.louisiana.gov/planning/regs/index.htm.

James H. Brent, Ph.D.

Assistant Secretary
FISCAL OFFICE DRAFT/APRIL 20, 2004

Title 33

ENVIRONMENTAL QUALITY

Part III. Air

Chapter 5. Permit Procedures

§504. Nonattainment New Source Review Procedures

A - E.5....

AQ242

F. Emission Offsets. All emission offsets approved by the department shall be

surplus, permanent, quantifiable, and enforceable in accordance with LAC 33.m.Chapter 6 and

shall meet the following criteria-=-.:.

1. All emission reductions claimed as offset credit for significant net NO*

increases shall be from decreases of NO*. All emission reductions claimed as offset credit for

significant net 'lac increases shall be from decreases of either NO;><-or 'laC, or any combination

thereof, provided that if NO* decreases are used, the permit for which the offsets are required

shall have been issued on or before November 15,2005. All emission reductions claimed as

offset credit shall be from decreases of the same pollutant or pollutant class (e.g., VOC) for

which the offset is required. Interpollutant trading, for example using a N0.o. credit to offset a

VOC emission increase, is not allowed. Offsets shall be required at the ratio specified in Table 1

of this Section.

F.2. - G.Table l.Note "PMIO"....

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

HISTORICAL NOTE: Promulgated by the Department of Environmental Quality, Office

ofAir 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:

1
Appendix B:

Chapter 21: Control of Emissions of

Organic Compounds
Department of Environmental Quality

Office of Environmental 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

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

secretary has amended the Air regulations, LAC 33 :111.21 04,

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 of Ascension, 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) 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 a revision

to the Louisiana State Implementation Plan for air quality.

The basis and rationale for this Rule are to comply with the

provisions ofthe 1990 Clean Air Act 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 Rule has no known impact on family

formation, stability, and autonomy as described in R.S.

49:972.

0404#02

Control of Emission of Organic 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 or the 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 of the 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 of Confidential Info ation

Repealed.

AUTHORlTY NO E: Promulgated

30:2030.

HISTORlCALNOT :

Environmental Quality, ffice of the Secre ry, LR 22:343 (May

1996), repealed by the Office of Envi onmental Assessment,

Environmental Planning D vision, LR 30:7 4 (April 2004).

§509. Release of Con 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 of the

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 of the

three-year period.

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 or in 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 of the Secretary, LR

1996), amen ed by the Office of Environmental ssessment,

Environmen al Planning Division, LR 30:744 (April 200 ).

§Sll. isclosure of Confidential Records or

nformation

A. y employee or former employee of the depa

ne acting as a representative of the secretary f the

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 of not more than $1,000, imprisonment for up to on

ear, or both.

Louisiana Register Vol. 30, NO.4 April 20, 2004 744
Title 33

ENVIRONMENTAL QUALITY

Part III. Air

Chapter 21. Control of Emission of Organic

Compounds

Subchapter A. 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 of flash gas to the atmosphere in the

parishes of Ascension, East Baton Rouge, Iberville,

Livingston, and West Baton Rouge; 50 TPY or more of flash

gas to the atmosphere in the parish of Calcasieu; or 100 TPY

or more of flash gas to the atmosphere in any other parish.

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 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 25 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 of records to

demonstrate compliance with the permit restrictions.

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 of 95 percent or reduced to a potential to emit of

less than 50 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 of records to

demonstrate compliance with the permit restrictions.

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 of 95 percent or reduced 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 of records. 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 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.

745

F.- G.5.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and 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 of 25 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 of less 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 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.

E. - H.2.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Nuclear Energy,

Air Quality Division, LR 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 of Environmental

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 of this Section. This Section shall

apply to all waste gas streams located at facilities that have

the potential to emit 25 TPY or more of VOC in the parishes

of Ascension, East Baton Rouge, Iberville, Livingston, and

West Baton Rouge; 50 TPY or more of VOC 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

standard than would be required by this Section.

A.-H.1.

a. it can be demonstrated that the waste gas stream

is not a part of a facility that emits, or has the potential to .

emit, 25 TPY or more of YOC in the parishes of Ascension,

East Baton Rouge, Iberville, Livingston, and West Baton

Rouge; 50 TPY or more of VOC in the parishes of Calcasieu

Louisiana Register Vol. 30, NO.4 ..April 20, 2004
and 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 of this 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.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Nuclear Energy,

Air Quality Division, LR 13:741 (December 1987), amended by the

Office of 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, LR 28: 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 of VOC if located 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 of the regulation revision.

AUTHORITY NOTE: Promulgated in accordance With R.S.

30:2054.

HISTORICAL NOTE: Promulgated by th.e Department of

Environmental Quality, Office of Air Quality and Nuclear Energy,

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

16: 119 (February 1990), amended by the Office of Air 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), LR 24: 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

(August 2002), 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 de greasers at the facility combined are less than 100

tons per year of VOC, uncontrolled. If these two conditions

are not met, the provisions of this 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 April 20, 2004 746

D.l. - G

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Nuclear Energy,

AIr Quality Division, LR 13:741 (December 1987), amended by 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 of a packaging rotogravure, publication

rotogravure, or flexographic printing facility having a

potential to emit 25 TPY or more of VOC 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

controlled by one of the methods in Paragraphs A.1-5 of this

Section. Once a facility is subject to the provisions of this

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 of this 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 of the regulation revision.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Nuclear Energy,

Air Quality Division, LR 13:741 (December 1987), amended by the

OffIce of 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).

Subchapter J. 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. Applicability
1. The provisions of this 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 of Calcasieu 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

of two years after promulgation. A facility that has become

subject to this regulation as a result of a revision of the

regulation shaH 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. 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.

HISTORICAL NOTE: 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

23:1510 (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).

Subcha pter K. Limiting Volatile Organic Compound

(VOC) Emissions from Batch Processing

§2149. Limiting VOC Emissions from Batch Processing

A. Applicability

1. The provisions of this 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 per year (TPY) or more of

VOC 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 of Calcasieu and Pomte

Coupee. Once an operation is considered to be covered by

this Subchapter, it shall be so considered ad infinitum. The

scope of affected 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 of two 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.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Radiation

Protection, Air Quality Division, LR 21 :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 of this Subchapter apply

to stationary sources that emit, or have the potential to emit,

25 TPY or more of VOC and conduct one or more of the

affected cleaning operations in the parish of Ascension, East

Baton Rouge, Iberville, Livingston, or West Baton Rouge, or

50 TPY or more of VOC and conduct one or more of the

affected cleaning operations in the parish of Ca lcasieu 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 of the regulation revision.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Radiation

Protection, Air Quality Division, LR 21:391 (Apnl 1995), amended

LR 24:25 (January 1998), amended by the Office ofEnvironment..al

Assessment, Environmental Planning Division, LR 26:24)3

(November 2000), LR 30:747 (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 of the following

source categories located in the parishes of Ascension, East

Baton Rouge, Iberville, Livingston, and West Baton Rouge

and having the potential to emit 25 TPY or more of YOC, or

located in the parishes of Calcasieu and Pointe Coupee and

having the potential to emit 50 TPY or more of VOC:

a. - d. ;. ;. ;.

B. - H.S.

1. Parishes and Compliance Schedules. For the affected

facilities in the parishes of Ascension, 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 April 20, 2004
Title 33

YIRONMENT AL QUALI

Part III. Air

Chapter 22. C ntrol of Emissions of I trogen Oxides

(N J

§2201. Affected F cilities in the Bato

Nonattain ent Area 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 of this 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 of NOx emissions of 25 tons p r

yea wh ich 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 of this 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 of a 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 administrati ve

authority* that achieving compliance will take longer. If this

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 regulation revision.

AUTHORlTY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and RadIation

Protection, Air Quality DivisIOn, LR 21 :936 (September 1995),

amended LR 22:1212 (December \996), LR 24:26 (January 1998),

LR 25:850 (May 1999), amended by the Office of Environmental

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 of NOx, 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 or more 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 of the two c lendar years of 2000 and 200 I (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 f Emissions ofNitrogen Oxi

LAC 33:IIL2201)(AQ234

Department of Environme ntal Quality

Office of Environmental 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

of the Administrative P cedure Act .S. 49:950 et seq., the

secretary has amended tll Air reg ations, LAC 33 :III.220 1

(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 of 25 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) of th

Louisiana Register Vol. 30, No.4 April 20, 2004 748
Department of Environmental Quality

Office of Environmental Assessment

Environmental Planning Division

Louisiana Register Vol. 29, No. 08 Auqust 20. 2003

NOTICE OF INTENT

Under the authority of the Environmental Quality Act, .

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

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

secretary gives notice that rulemaking procedures have been

initiated to amend the Air 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 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", 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

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) 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. 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/health 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.

Control of Emission of Organic Compounds

(LAC 33:III.2104, 2108, 2115, 2123, 2125,

2143,2147,2149,2151, and 2153)(AQ236)

Title 33

ENVIRONMENTAL QUALITY

Part III. Air

Chapter 21. Control of Emission of Organic

Compounds

Subchapter A. 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 of flash gas to the atmosphere in the

Robert E. Hosse

General Government Section Directo

Legislative Fiscal Office

FISCAL AND ECONO MPACT STATEMENT

FORADMINI T TIVE RULES

RULE TITLE: Control fEmi ions of Nitrogen 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 ment personnel at the 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 later than 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 order is quired in 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, LA 70 02; 1823 Highway

546, West Monroe, A 71292; State Ice Building, 1525

Fairfield Avenue, S eveport, LA 7 101; 1301 Gadwall

Street, Lake Charles, A 70615; 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

STATE ORLOCAL GO S(Summazy)

There are no 1m wn implement ion costs or savings to

state or local gove ental units.

II. ESTIMATED EFFE ON REVENUE C LECI10NS OF STATE

ORLOCAL GO !ENTAL UNITS(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 of 70 80 tons per year

that will resu from the changes being ade to the rule.

Precise numb rs are not available.

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 of nitro 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.

TED EFFECf ON COMPElTI10N AND EMPLO

)

No significant effect on competition

ticipated.

Th mas C. Bickham, III

U dersecretary

o 08#064
parishes 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 of flash gas to the atmosphere in any

other parish.

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 of flash

gas, aggregated facility flash gas emissions shall be reduced

by a minimum of 95 percent or, by means of a federally

enforceable permit revision, reduced to a potential 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 of flash gas,

aggregated facility flash gas emissions shall be reduced by a

minimum of 95 percent or, by means of a federally

enforceable permit revision, reduced to a potential to emit of

less than 50 TPY.

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 facility flash gas emissions

shall be reduced by a minimum of 95 percent or, by means

of a federally enforceable permit revision, reduced to a

potential to emit ofless than 100 TPY.

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 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 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.

F. - G.5.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and 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. 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 (VOC) with a

potential to emit 25 tons per year (TPY) or more of VOC in

the parisbes of Ascension, East Baton Rouge, Iberville,

Livingston, and West Baton Rouge, or 100 TPY or greater of

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 of this Section.

B. -D.3.

Louisiana Register Vol. 29, No. 08 August 20, 2003 1678

4. 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 of the

regulation revision.

E. -H.2.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Nuclear Energy,

Air Quality Division, LR 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 of Environmental

Assessment, Environmental Planning Division, LR 26:2452

(November 2000), LR 29:

§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 of this 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

of Ascension, East Baton Rouge, Iberville, Livingston, and

West Baton Rouge; 50 TPY or more of VOC 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 would be required by this Section.

A. - H.l.

a. it can be demonstrated that the waste gas stream

is not a part of a facility that emits, or has the potential to

emit, 25 TPY or more of VOC in the parishes of Ascension,

East Baton Rouge, Iberville, Livingston, and West Baton

Rouge; 50 TPY or more ofVOC in the parishes ofCalcasieu

and Pointe Coupee; or 100 TPY or more of VOC in any

other parish;

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 of this Section

as soon as practicable, but in no event later than one year

from the promulgation of the regulation revision.

J.l. - M.Waste Gas Stream.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Nuclear Energy,

Air Quality Division, LR 13:741 (December 1987), amended by the

Office of 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, LR 28: 1764 (August 2002), LR 29:
Subchapter B. Organic Solvents

§2123. Organic Solvents

A. -D.7.

a. the affected portion of the facility will not emit

more than 25 tons per year (TPY) of VOC if the facility is

located in the parish of Ascension, East Baton Rouge,

Iberville, Livingston, or West Baton Rouge, or more than 50

TPY of VOC iflocated in any other parish;

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

promulgation of the regulation revision.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Nuclear Energy,

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

16: 119 (February 1990), amended by the Office of Air 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), amended by 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:

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 of VOC, uncontrolled. If these two conditions

are not met, the provisions of this Section must apply. For

the parishes of Ascension, Calcasieu, East Baton Rouge,

Iberville, Livingston, Pointe Coupee, and West Baton

Rouge, the requirements of this Section apply to all solvent

metal cleaners, except as follows.

D.1.-G.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Nuclear Energy,

Air Quality Division, LR 13:741 (December 1987), amended by 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 (August 2002), LR 29:

Subchapter H. Graphic Arts

§2143. Graphic Arts (Printing) by Rotogravure and

Flexographic Processes

A. Control Requirements. No person shall operate or

allow the operation of a packaging rotogravure, publication

rotogravure, or flexographic printing facility having a

potential to emit 25 TPY or more of VOC 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 of the methods in Paragraphs A.l-5 of this

Section. Once a facility is subject to the provisions of this

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 of this Section and need only comply

with Subsection D of this 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 of the regulation revision.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Nuclear Energy,

Air Quality Division, LR 13:741 (December 1987), amended by the

Office of 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 of this 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 of Calcasieu 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 given process unit.

Compliance with this rule shall be attained within a period

of two 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

Louisiana Register Vol. 29, No. 08 August 20, 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 :II1.2 115) shall comply with this

rule only. This rule shall apply only to Standard Industrial

Major Code 28.

A.2. - Figure 1.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Radiation

Protection, Air Quality Division, LR 21 :380 (April 1995), amended

LR 22:1212 (December 1996), LR 23:1508 (November 1997), LR

23: 15 IO (November 1997), LR 23: 1679 (December 1997), LR

24: 1286 (July 1998), amended by the Office of Environmental

Assessment, Environmental Planning 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 of this. 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 per year (TPY) or more 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 of CaIcasieu and Pointe

Coupee. Once an operation is considered to be covered by

this Subchapter, it shall be so considered ad infinitum. The

scope of affected 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 of two 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. ...

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Radiation

Protection, Air Quality Division, LR 21 :387 (April 1995), amended

LR 22:1212 (December 1996), LR 23:1507 (November 1997),

amended by the Office of Environmental Assessment,

Environmental Planning Division, LR 29:

Subchapter L. Limiting Volatile Organic Compound

(VOC) Emissions from Cleanup Solvent

Processing

§2151. Limiting VOC Emissions from Cleanup Solvent

Processing .

A. Applicability. The provisions of this Subchapter apply

to stationary sources that emit, or have the potential to emit,

25 TPY or more of VOC and conduct one or more of the

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 of the

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 . August 20, 2003 1680

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.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Radiation

Protection, Air Quality Division, 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), LR 29:

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.

Affected Source Category any facilities of the following

source categories located in the parishes of Ascension, East

Baton Rouge, Iberville, Livingston, and West Baton Rouge

and having the potential to emit 25 TPY or more of VOC, or

located in the parishes of Calcasieu and Pointe Coupee and

having the potential to emit 50 TPY or more 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 owner or operator of an

affected source' category within a plant shall be in

compliance with these regulations no later than November

15, 1996. If an additional affected VOC wastewater stream

is generated as a result of a 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. If this

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 regulation revision.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

Environmental Quality, Office of Air Quality and Radiation
Robert E. Hosse

General Government Section Director

Legislative Fiscal Office

Department of Environmental Quality

Office of Environmental 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.

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; but no supporting data is available.

IV. ESTIMATED EFFECT ON COMPETlTlON AND EMPLOYMENT

(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

of the 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

clarified in order to preve t confusi in its interpretation. In

the past, the emissions inv tory h s been used to assess 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 environmentaVhealth benefits 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 of Environmental

Assessment, Environmental Planning Division, LR 26:2453

(November 2000), LR 28: 1765 (August 2002), LR 29:

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

department personnel 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 must be received no later than 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 order is required in advance for each copy of AQ236.

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, LA 70802; 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

FOR ADMINISTRATIVE RULES

RULE TITLE: Control of Emission of

Organic Compounds

James H. Brent, Ph.D.

Assistant Secretary

1. ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO

STATE ORLOCAL GOVERNMENTUNITS (SUITIlTIillY)

There are no known implementation costs or savings to

state or local governmental units.

II. ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE

ORLOCAL GOVERNMENTAL UNITS (Summary)

State government emissions fee collections are estimated to

be reduced by a very minimal amount, probably less than

$1,000, due to estimated reductions of approximately 70 to 80

tons per year that will result from the changes being made to

the rule. Precise numbers are not available.

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 of volatile organic

1681 Louisiana Register Vol. 29, No. 08 August 20, 2003
Page 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, 212 3, 212 5, 214 3, 2147, 214 9, 215 1, and '2 15 3

COMMENT #

1

SUGGESTED BY

Richard Metcalf / LMOGA
LOUISIANA MID-CONTINENT

OIL AND GAS ASSOCIATION

801 NORTH BOULEVARD, SUITE 201, BATON ROUGE, LA 70802-5727

TELEPHONE (225) 387-3205 FAX (225) 344-5502

E-MAIL lmoga@lmoga.com

September 30, 2003

Ms. Lynn Wilbanks

Regulation Development Section

Department of Environmental Quality

Post Office Box 4314

Baton Rouge, Louisiana 70821-4314

Re: Control of Volatile Organic Compounds

Amendments - Log #AQ-236

Dear Mrs. 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 of Volatile 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, petroleum products and electric power in Louisiana. Several Mid-Continent members are

subject to the Chapter 21 Volatile Organic Compound rules and may be impacted by these amendments.

Mid-Continent recognizes the Department is adopting these amendments as a result of the reclassification of the

Baton Rouge ozone compliance classification from "serious" to "severe". This change is accurately described

in the Notice of Intent 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 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.

Once again, Mid-Continent appreciates 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 of Publication ) .~ ,-..• _.--. --. j I, Linda V. Ward, Call Center Supervisor

of THE TOWN TALK, published at Alexandria,

Louisiana do solemnly swear that 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 before me

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

02RGAN'I

2

C 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

TH E ADVOCATE 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~1autho"ty,,- :0'; the'-

:envkon,,!,e~tal auality·Ac~~.R.s.

30;200J.;9t seq:. 3".d in ;8ccor 4

.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 BOX 4314

BATON ROUGE

DEQ - REGULATION
Altheas Critton; personally known to me,

(Signed)

DIANA W. BARBER,NOTARY PUBLIC

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

MY ,e 0 MMIS SION IS FOR 1I FE '. ."M',. ........ ;""

.{:y,~/ Fi t.S(..

August 13, 2003

As per copy of advertisement hereto annexed, was published in

The Times on the 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::..:.:.1E~NT....:S~I'(~·T1~ON::!J'

NOTICE OF INTENT Department of Environmental Quality Office

ofEnvironmental Assessment Environmental Planning Division

Control ofEmission of Organic 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 Assistant to the

Classified Advertising Manager of The Times, and that the attached

Advertisement entitled:

STATE OFLOUISIANA

PARISH OF CADDO

Sworn to and subscribed before me this 13 th day of August 2003.

________-ft>

.'

leLvvL . .CN:0tary)ib, CB~ ".

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 per year. This

rule also provides clarifl.

cation to same langua~e

thai was unclear or con.

tusing.On April 24,

2003, .the EI1;Jironmental

Protection Agency 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,. C 2003

. (68 FR 20077). The ftve.

pansh . Baton Rouge

oZQn~ nona.tlalnmerit area Includes the parish.

es 01 Ascension, East

Balon Rouge, IbeNtlle,

LIVingston, and West 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·pa rish ,:;'.6aton-'

· Rouge .·X;'iizone . nonattalnmenl are<j;·. This'·

" rU.le.. '. is also ..balng.··.'.- 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; The hearing 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 given below

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, .~:", '.,i1

·,';:,i(II·lnf~reStoo: per~ohs r!

.ifieinvihld:\a·submit·writj

ItenGOlnmentsonlhe pro.':

.;,:~'··.·~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 Developrrient'~' ~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,m8 a,m.untl! 4:30i

p:m,: 602. N. ,ftfth,[

Street Batoo Rouge" LA ':

701l02f1823' 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

THE ADVERTISER

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 of Ouachita 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 of general 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

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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

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21

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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

12

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14

15

16

17

18

19

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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) 216-2036
1

DEPARTMENT OF ENVIRONMENTAL 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:

Chapter 22: Control of Emissions of

Nitrogen Oxides (NOx)

§2201.Affected Facilities in the

Baton Rouge Nonattainment Area

and the

Region of Influence
is g nerated as a result of a 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. If this

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 that becomes

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 of the regul ion revisio .

AUTHORITY NOTE: romulgated in accordance with R.S.

30:2054.

HISTORICAL NO 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 of Env' 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 of Environme ntal Quality

Office of Environmental Assessment

Environmental Planning Division

Control of Emissions of Nitrogen 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

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

secretary has amended the Air regulations, 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 of 25 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 1990 Clean Air 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) of the

Louisiana Register Vol. 30, NO.4 April 20, 2004 748

1990 CAAA, severe area plans must include requirements

for RACT rules for sources of NOx emissions of 25 tons per

year, wh ich is the new lower major source threshold in the

five-parish Baton Rouge ozone nonattainment area. This

Rule is also a revision to the Louisiana State Implementation

Plan for air quality. The basis and rationale of this Rule are

to comply with the provis ions of the 1990 Clean Air Act

Amendments.

This Rule meets an exception listed in R.S. 30:20 19(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 of Emissions of Nitrogen 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 of NC\, unless exempted in Subsection C of

this Section, or any facility within the Region of Influence

with one or more affected point sources that collectively

emit or have the potential to emit 50 tons or more per year of

NO", unless exempted in Subsection C of this 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 of the two calendar years of 2000 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 or shutdown.

* * *

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 greater than or equal to 40 MMBtu/hour and ozone
4 g/Hp-hour

2 g/Hp-holr

2 g/Hp-hour

10 g/Hp-hour

>/= [50 to

<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

poundlMMBtuC

>/= [50 to

<320 Hp

>/= 300 Hp

Peaking Service, Fuel

Oil-fIred

Peaking Service, Gasfired

Arrunonia Refonners

All Others

Rich-bum

Lean-bum

All Others

a based on the higher heating value of the fuel.

b equivalent to 65 ppmv (15 percent Q, dry basis) with an F

factor of 8710 dscf/MMBtu.

C equivalent to 43 ppmv (15 percent Q. dry basIS) with an F

factor of 871 0 dscflMMBtu.

Stationary Gas Turbines:

Stationary Internal Combustion

Engines:

Electric Power Generating

Electric Power Generating 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

Number 6 Fuel Oil-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 >/=40 to <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 of the nitric oxide and

nitrogen dioxide in a stream measured in accordance with

Subsection G of this 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 or equal to 0.92 x 1011 Btu.

* * *

C.

1. boilers and process heater/furnaces with a

maximum rated capacity of less than 40 MMBtulhour in the

Baton Rouge Nonattainment Area or less than 80

MMBtuJbour in the Region ofInfluence;

2. stationary gas turbines with a megawatt rating

based on heat input of less 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 of Influence; 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 per month.);

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. April 20, 2004
a all factors are based on the higher heating value ofthe fuel.

b equivalent to 43 ppmv (15 percent Q, dry basis) with an F

factor of 871 0 dscf/MMBhl.

2. - 3. ...

4. For all other affected point sources, the emission

factors from Subsection 0 of this Section shall apply as the

mass of NO. emitted per unit of heat input (pounds NOx per

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 of LAC 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 of NO. control equipment or implementation

of a NO. control technique required to comply with the

provisions of this Chapter shall be exempt from the

requirements of LAC 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 of VOC emissions

at an affected facility located in the Baton Rouge

Nonattainment Area shall be offset at a ratio of at 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 re quired for al1 point sources

that are subject to the emission limitations of Subsection 0

of this Section or used in one of the alternative plans of

Subsection E of this Section. Test results must demonstrate

that actual NOx emissions are in compliance with the

appropriate limits of this 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 of these compounds. Performance testing

of these point sources shall be performed in accordance with

the schedule specified in Subsection J ofthis Section.

G.3. - H. ...

1. The owner or operator of boilers 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 of the requirements of

40 CFR Part 60.13 and performance specification 2 of 40

CFR 60, Appendix B, or the requirements of 40 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.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORICAL NOTE: 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 of Environmental Quality

Office of Environmental Assessment

Environmental Planning Division

Incorporation by 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. 30:200 I et seq., and in accordance with the provisions

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

secretary has amended the Environmental Quality

regulations, LAC 33:I3931; V.3099; IX.2301, 4901, and

4903; and XV.1517 (Log #OS053*).

Louisiana Register Vol. 30, NO.4 April 20, 2004 750
Title 33

ENVIRONMENTAL QUALITY

Part III. Air

Chapter 22. Control of Emissions of Nitrogen Oxides

(NO,)

§2201. AtIected Facilities in the Baton Rouge

Nonattainment Area and the Region of Influence

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 of this Chapter only, the following definitions shall

supersede any definitions in LAC 33:III.lll or 502.

* * *

Department of Environmental Quality

Office of Environmental 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

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

secretary gives notice that rulemaking procedures have been

initiated to amend the Air regulations, 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 of 25 tons per year. 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

fi ve-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 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) 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. The basis and

rationale of 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 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.

Control ofEmissions of Nitrogen Oxides (NO.)

(LAC 33:111.2201)(AQ234)

1674

H. Gordon M uk

Staff Director

Legislative Fis 1Office

IMPACT STATEMENT

TIVE RULES

Il.ouisiana Standards for

I Personnel (lypes of

ge Pathology Assistants

Family Impact Statement

In acc rdance with Section 953 and 974 of Title 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 of the 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

their children? N

3. Will the roposed Rule affect the ctioning of the

family? No.

4. Will the p oposed Rule affect fi

family budget? No.

5. Will the p posed Rule affe

personal responsibili of children? No

6. Is the family r a local gove ent able to perform

the function as contain in the prop ed Rule? No.

Interested persons m submit cents until 4:30 p.m.,

October 9, 2003, to Ni Ford, S te Board of Elementary'

and Secondary Educatio P.O. B x 94064, Capitol Station,

Baton Rouge, LA 70804- 64.

Louisiana Register Vol. 29. No. 08 August 20, 2003

rlyn J. Langley

eputy Superintendent

lanagement and Finance

0308#046

I. ESTITvIATED IMP

STATE ORLOCAL OOVE!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 a master's d ree has been earned and

all other require ents of the Louisian Board of Examiners for

Speech-Langu e Pathology and udioJogy have been

completed, t word "assistant" can e removed from the

certificate. T e adoption of this policy w 11 cost the Department

of Educatio approximately $700 (prin ing and postage) to

dlssemmat the policy.

II. ESTITvIA EFFECf ON REVENUE CO CTIONS OF SfATE

ORLOC GOVERNMENTALUNITS(S )

This olicy will have no effect on reven collections.

TED COSTS AND/OR ECONOlvJI .BENEFITS TO

Y AFFECTED PERSONS OR NON VERNMENTAL

S(Summary)

ere are no estimated costs andlor econ

dire tly affected persons or non-governmental g

IV. ES TED EFFECf ON COMPETITION AND

(S )

The policy

mployment,
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 of NOx, unless exempted in Subsection C of

this Section, or any facility within the Region of Influence

with one or more affected point sources that collectively

emit or have the potential to emit 50 tons or more per year of

NOx, unless exempted in Subsection C of this Section.

* * *

apply to units that are shut down intentionally on a routine

basis, more than once per month.);

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 higher heating value of the fuel.

b equivalent to 65 ppmv (15 percent O2, dry basis) with an F

factor of 871 0 dsdi'MrvJBru.

, equivalent to 43 ppmv (15 percent O2• dry basis) with an F

factor of 871 0 dscflMMBru.

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 of the two calendar years of 2000 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 or shutdown.

* * * 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 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 input less than or equal to 0.92 x lOll Btu.

* * * Nitrogen Oxides (NOx) the sum of the nitric oxide and

nitrogen dioxide in a stream as measured by the test methods

in Subsection G of this Section.

* * * C.

1. boilers and process heater/furnaces with a

maximum rated capacity of less 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 of less 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-bum engines with a rating of less than 150

horsepower (Hp) in the Baton Rouge Nonattainment Area or

less than 300 Hp in the Region oflnfluence; 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 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 stem Boilers:

Coal-fired

Number 6 Fuel Oil-fired

All Others (gaseous or

liquid)

Industrial Boilers

Process HeaterlFurnaces:

Ammonia Reformers

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= 10 MW 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, 2003
Electric Power Generating

System Boilers:

Coal-fired >/= 80 0.21

MlYlBtuIHour ound/MMBtu

Number 6 Fuel 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 are based on the higher heating value of the fuel.

b equivalent to 43 ppmv (15 percent O2, dry basis) with an F

factor of 8710 dsct7MMBtu.

2. - 3. ...

4. For all other affected point sources, the eII1lSSlOn

factors from Subsection D of this Section shall apply as the

mass of NO, emitted per unit of heat 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.50 I.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 of LAC 33:III.Chapter 5.

Lb. - 4.

5. Prevention of Significant Deterioration (PSD) and

Nonattainment New Source Review (NNSR)

Louisiana Register Vol. 29, No. 08 August 20, 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 of NO, control equipment or implementation

of a NO, control technique required to comply with the

provisions of this Chapter shall be exempt from the

requirements of LAC 33:III.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:III.504, a significant net increase ofYOC emissions

at an affected facility located in the Baton Rouge

Nonattainment Area shall be offset at a ratio of at 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 of Subsection D

of this Section or used in one of the alternative plans of

Subsection E of this Section. Test results must demonstrate

that actual NO, emissions are in compliance with the

appropriate limits of this 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 of any of these compounds. Performance testing

of these point sources shall be performed in accordance with

the schedule specified in Subsection J of this Section.

G.3. - H....

1. The owner or operator of boilers 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 of the requirements of

40 CFR Part 60.13 and performance specification 2 of 40

CFR 60, Appendix B, or the requirements of 40 CFR Part 75

for units regulated under the Acid 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.

AUTHORITY NOTE: Promulgated in accordance with R.S.

30:2054.

HISTORICAL NOTE: Promulgated by the Department of

En vironmental 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.

Assistant Secretary

FISCAL AND ECONOMIC IMPACT STATEMENT

FOR ADMINISTRATlYE RULES

RULE TITLE: Control of Emissions of Nitrogen Oxides

Title 33

ENVIRON {ENTAL QUALITY

art III. Air

Chapter 21. Contr I of Emission of Organic

Com ounds

Subchapter A. 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 of flash gas to the atmosphere in the

NOTICE OF INTENT

Contrql of Emission of Organic Compounds

(LAC' 3:III.2104, 2108, 2115, 2123, 2125,

2143,2 47,2149,2151, and 2153)(AQ236)

Department of Environmental Quality

Office of Environmental 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

of the Administrati Procedure Act, 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

Protection Agency reclassified r "bumped lp" by operation

of the law the Baton Rouge ozo e nonattai 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 of Ascension, 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) f the 1990 CAM,

severe area plans must include req erne ts for RACT rules

for sources of VOC 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 a revision 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 th benefits 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.

Robert E. 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

department personnel 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 must be received no later than 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 order is required in advance for each copy of AQ234.

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, LA 70802; 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

STATE OR LOCAL GOVERNMENT UNITS (Summary)

There are no known implementation costs or savings to

state or local governmental units.

II. ESTIMATED EFFECT ON REVENUE COLLECDONS OF STATE

ORLOCAL GOVERNMENTAL UNITS (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 of 70 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 per year of nitrogen 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; but no supporting data is available.

N. ESTIMATED EFFECT ON COMPEITIlON 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 August 20, 2003
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 6

1445 ROSS AVENUE, SUITE 1200

DALLAS, TX 75202-2733

Ms. Sandra Hilton

Office of Environmental Assessment

Environmental Planning Division

Louisiana Department of Environmental Quality

P.O. Box 82178

Baton Rouge, LA 70884-2178

Dear Ms. Hilton:

On October 13, 2003, the U.S. Environmental Protection Agency (EPA) received an

electronic copy ofLouisiana's proposed rules for Chapters 2,5,21 and 22. This letter transmits

EPA's comments on those proposed rules for AQs 220, 235, 236, and 234. The comments

reflect input from the Air Grants Section, Air Permits Section and the Air Planning Section.

The proposed revisions mostly reflect changes in the Baton Rouge ozone nonattainment

area's reporting, permitting and control requirements based on the Baton Rouge area's

reclassification from serious to severe for the, l.,.hour ozone N atioqal AmbientA.ir'Qllality

Standard (68FR 20077, April 24, 2003). Ingeneral, we support the proposedrevisionstothe

rules;'how.evef;~we:t>ffet:the:follo~~ngcornrIlen.:.t~,~sp()ints'9f clarification.

AQ220:Chapter 9. General Regulations on Control of Emissions and Emissions Standards.

EPA suggests that information submittals dealing with the emissions inventory (El)

information reporting be compatible with the general Federal reporting requirements.

Additionally, the reporting threshold for lead should be 5 tpy not 10 tpy as is listed in the

proposed rule.

TheNII3 point SOl.lrces greater than 250 tpy are not sp~cifically listed in§919. A.

Applicability subsection. However, we understand that LDEQ's threshold for ammonia

reporting is 10 tpy forthe toxic data inventory (TEDI), and that all facilities that report to TEDl,

also must report for emissions inventory. Finally, it is our understanding that any source that

reports to EI will include ammonia regardless ofthe potential to emit.

We also understand that the emissions inventory report to EPA includes actual emissions

as well as.permitted emissions.

AQ234. Chapter 22. Control of Emissions of Nitrogen Oxides (NOx)

The EPA supports the proposed revisions to AQ234 which would m<lke'them;co~sist~nt

with Section 182 requirements ofthe Clean Air Act. We do want to clarify thafwithin 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, it has been EPA's position that excess emissions from startups, shutdowns

and malfunctions will need to be accounted in pennitting applicability determinatidps.

On a separate yet related matter, although currently the NOx emissions from catalytic

cracking units are not regulated as a part ofthe Louisiana SIP, we believe future revisions to

LAC 33:ill:2201 should include requirements regulating such emissions for consistency with

EPA's national initiatives.

AQ236. Chapter 21. Control of Emission of Organic Compounds

EPA generally supports the revisions included in AQ236 to introduce the revised

.-',,,..,.,:,.,exemption thresholds necess~ry for the area's new severe classification. In addition, we

appreciate the revisions of §2104 with the intention ofmeeting the Reasonably Available Control

Technology (RACT) requirements of 182(b)(2)(C) ofthe Clean Air Act. We believe the changes

to §21 04 will institute RACT for sources greater than 250 tons/yr. It is not clear, however, that

RACT is being implemented for sources less than 250 tons/yr because the rule allows these

sources to obtain Federally enforceable permits to reduce emissions to less than 25 tons/yr (50

tons/yr in Calcasieu or Pointe Coupee). This has the potential to allow less than RACT control.

For example, a source could reduce its emissions from 30 tons/year to 24 tons/yr, a reduction of

only 20%. A 20% r~duction would not generally be considered RACT. RACT is the lowest

achievable emission rate that can be achieved considering technical and economic factors. In the

scenario above, rather than the lowest reasonably achievable emission rate, just enough control

would have been employed. In addition to clarifying the above, we suggest that the phrase "an

uncontrolled emission" be reinse.rted into §2108.A.

Thank you for the opportunity to comment on these proposed revisions. We look forward

to the submittal ofthese rule revisions for official review and approval. If you have any

questions concerning the comments on the proposed revisions please contact Maria L. Martinez,

of my staff, at 214-665-2230.

Sincerely yours,

~1J,V~ Thomas H. Diggs

Chief

Air Planning Section

cc: Teri Lanoue, LDEQ
LOUISIANA MID-CONTINENT

OIL AND GAS ASSOCIATION

801 NORTH BOULEVARD, SUITE 201, BATON ROUGE, LA 70802-5727

TELEPHONE (225) 387-3205 FAX (225) 344-5502

E-MAIL lmoga@lmoga.com

September 29, 2003

Ms. Lynn Wilbanks

Regulation Development Section

Department of Environmental Quality

Post Office Box 4314

Baton Rouge, Louisiana 70821-4314

Re: Control of Nitrogen Oxides

Amendments (Log #AQ-234)

Dear Mrs. 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 of the reclassification of

the Baton Rouge ozone compliance classification from "serious" to "severe". This change is accurately

described in the Notice of Intent 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 of this

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 at constant full loading, they are not appropriate for engines operating at less than 50% load and/or for

variable loading conditions. The cost effectiveness of the required controls for these situations is, in MidContinent's opinion, not justified.

Since the original adoption of this rule, more information has been learned about the causes of the Baton Rouge

ozone exceedances. Most recent exceedances have occurred in the downtown area. This is a significant

distance from the location of the compressors of concern to Mid-Continent which are at the outskirts of the fiveparish area or are in the area of influence.
I'

jiMs. Lynn Wilbanks - Comments on Log #AQ-234

'.September 29, 2003

Page Two

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 submit these comments.

Sincerely,

Richard T. Metcalf

Health, Safety and Environmental

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

Regulation Development Section

Office ofEnvironmemal Assessment

Louisiana Department of Environmental Quality

P. O. Box 4314

Baton Rouge, La. 70821-4314

Dear Ms. Wilbanks:

l)i:Qi Ol:AiI'I'D

1I.I'(;[.II..\TIO:'-l fJEVi:1.0I'MENT SECTION·

The attached comments regarding Prope/sed Rule AQ234 are submined on behalf of·

ExxonMobil Baton Roug~ Refinery and Chemical Plant.. We appreciate the opportwlity to

comment on the proposed rule.

. Please do not hesitate to contact me at (225) 977-8430, if you need 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

Chapter 22 - Control of Enaissions of Nitrogen Oxides (NOx)

We propose the following changes to the definition ofNifrogen 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 by the 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, it is critical to defme the term

clearly and accurately. Lack of clarity may result in excess emissions of nitrogen oxides

and failure to achieve the primary purpose for which the rule has been written. For these

reasons, we believe it is important to retain the phrase "collectively expressed as nitrogen

dioxide". Further clarity can be provided by inserting the reference to a mass basis; we

believe tIlls is necessary as all the standa.rds in this rule are expressed on a mass basis

(pound/M1'vffitu).

In addition,current language in LAC 33:II1.220 l.G.4-7 allows sources to petition the

Administrator and/or Adminisrrative Authority for use of: alternative/equivalent test

methods, minor modifications to the listed test methods or procedures, customized

factors, alternative equipment design! operational standards, and waivers (for emission

testing conducted within previous 3 years). The suggested changes 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

POSt Office 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 For Review 0 Please Comment

• •

o Please Reply

•

o Please Recycle

•

.;, I'

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.1.:
FlED COpy RECEIVED

11e, () <3 r:I- tV AUG 1 9 2003 AFFIDAVIT OF PUBLICATION

tJEQID EA/EP D

REGlIl..\TION DEVf:I.OI'MENT SECTION

CERn

( A Correct Copy of Publication) I, Linda V. Ward, Call Center Supervisor

of THE TOWN TALK, published at Alexandria,

Louisiana do solemnly swear that the

Public Notice

advertisement, as per clipping attached, was

lublished in the regular and entire issue ofsaid

lewspaper, and not in any supplement thereof

)r one insertions commencing with the issue

ated August 13,2003 and ending with the

\sue dated August 13, 2003.

y.~

Subscribed and swom to before me

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 th e fo Ilowing date s_----=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

TH E ADVOCATE

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 sign atu rlt a·p.plta rs 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$p apltr of gltnltra I c:irc;u lation

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 19 2003

oEQ/OEA/E PO

REGLlL\TION DEVEl.OPMENT SECTION

personally known to 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 per copy of advertisement hereto annexed, was published in

The Times on the following dates to wit:

NOTICE OF INTENT Department of Environmental Quality Office

ofEnvironmental Assessment Environmental Planning Division

Control of Emissions 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 Assistant to the

Classified Advertising Manager of The Times, and that the attached

Advertisement entitled:

Sworn to and subscribed before me this 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 available canttol technology (RACT)

rules for sources of nitrogen oxides (NOx) emisI

sions 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. ano WEist 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;

'availablei

ltie's!reelln :lt1e' .Ive~,"parkirig "garagei

~M'!he ,pinking ,ti~keti

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

,trom8 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"

1

71101:

. 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 ati

http://www.deq.slale.la.U L,

~lanning/reg;/indl;lx;f1!!'ri;i,t~;i","" .. James H, Bfent,Pn~: .'

',Assislant S€crets'rY";'P

The Times;,....:.' .,i;L,.i.

.Augus(:l3:',20' ......
AUG 28 2003

THE ADVERTISER

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~~ NOTARY PUBLICvL~
-.;,..., 'SSI'S

i~~fl~l~}g;',:.~~~;~~Q0··

.. .....

.r . ':

~:~ r·
A daily newspaper of general circulation.

2003 AD

-.= \'~:-~ ·'I.;:-'-~r~·- .

·CER1'IFIED COpy-"I·

c?-t/ J 3

Publisher of

THE NEWS-STAR

o ROE, LOUISIANA

OF OF PUBLICATION

2003

Published in Monroe, Louisiana.

LEGAL AD DEPT.

Parish of Ouachita in the issues of:

was published in the NEWS-STAR.

The hereto attached advertisement

Sworn and subscribed before me by

AUG 28

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 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.

3

PAGE(S)

7

8

(225) 216-2036
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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
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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.

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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 with

through 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 ian a . ~~ tl J . () I ~~~-~~ Lori Overland, C.C.R.

'· ....l_.. ,{;,~i' • \,I.I'ill..• '.1'.

ASSOCIATED REPORTERS, INC. (225) 216-2036