jOHN BEL EDWARDS GOVERNOR 

# RECEIVED CHUCK CARR BROWN, PH.D. 

# 16 AUG -2 AH I: 

# 18

# ~tate 

# Of**JLOUlSi~ITS** SECTION DEPARTMENTOFENVIRONMENTAL

### c:jij>~ 

## OFFICE OFTHE SECRETARY July 22, 2016 

### Mr. Ron Curry Regional Administrator (6RA) U.S. Environmental ProtectionAgency, Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733

Re: Louisiana State Implementation Plan (SIP) Update SignificantMonitoring Concentration (SMC) for PM2.s

Dear Mr. Curry: SECRETARY



### By way of this correspondence, the State of Louisiana, through the Louisiana Department of Environmental Quality (LDEQ), transmits to the United States Environmental Protection Agency (EPA) for incorporation into the state's SIP amendments to LAC 33:III.509 (Prevention of SignificantDeterioration)revisingthe SMC forPM2

### .sto 0 J.Lg/m3

. 

### On January 22, 2013, the U.S. Court ofAppeals for the District ofColumbia Circuit vacated the portions ofEPA's PSD regulations establishing a PM2

## .s SMC, finding that the agency lacked legal authority to adopt and use the SMC to exempt permit applicants from the statutory requirement to compile and submit ambient monitoring data. 1 

### In response, EPA removed the vacated PM2 

## .s SMC from 40 CFR 51.166(i)(5)(i)(c) and 40 CFR 52.21(i)(5)(i)(c)2 

### and directed permitting authorities to "revise the numerical value ofthe PM2.5 

### SMC to 0 J.Lg/m3 

### (or make equivalent changes) as soon as feasible, which may be in conjunction with the next otherwise planned SIP revision."3 

### On December 20, 2015, LDEQ proposed a rule (identified as AQ357ft) to set the PM2
.5 

### SMC at LAC 33:III.509.I.5.a to 0 J.Lg/m3 

### and note that no preconstruction monitoring exemption is available with regard to PM2
.5•

4 

### A**~ublic** 

### hearing was held on January 27, 2016; no comments from thepublicorEPA werereceived. AQ357ftwaspromulgated on March20,2016.6

1 

### Sierra Club v. EPA, 105 F.3d458 (D.C. Cir. 2013) 2 

### Prevention ofSignificantDeterioration for Particulate MatterLess Than 2.5 Micrometers- Significant Impact

Levels and SignificantMonitoring Concentration: Removal ofVacated Elements (78 

### FR73698; 

### December9, 

### 2013) 3 78 

### FR73700 4 

### Copies ofthe proposedrule (as published onLDEQ's website and in theLouisianaRegister) are included as

AttachmentA. 5 

### Acopyofthe public hearingtranscriptis included as AttachmentB. 6 

### Copies ofthe fmal rule (again, as published onLDEQ's website and inthe LouisianaRegister) are included as

AttachmentC.

PostOfficeBox 4301 • Baton Rouge, Louisiana70821-4301 • Phone225-219-3953 • Fax 225-219-3971 www.deq.louisiana.gov

## Mr. Ron Curry Page 2

Should you have any questions concerning this matter or require additional documentation, please contact BryanD. Johnston ofthe Air Permits Division at (225) 219-3450. Sincerely,

# U{(~~ Chuck CarrBrown, Ph.D. Secretary CCB:BDJ

# AttachmentA

### PROPOSED RULE/December20, 2015



### NOTICE OF INTENT DepartmentofEnvironmental Quality Office ofthe Secretary Legal Division Deletion ofthe Significant Monitoring Concentration for PM2.5 

### (LAC 33:111.509) (AQ357ft) AQ357ft



### Underthe authority ofthe Environmental Quality Act, R.S. 30:2001 et seq., and in accordance with the provisions oftheAdministrative Procedure Act, R.S. 49:950 et seq., the secretary gives notice thatrulemakingprocedures have been initiated to amend the Airregulations, LAC 33:111.509 (Log#AQ357ft). This rule is identical to federal regulations found in 40 CFR 51.166 and 40 CFR 52.21, which are applicable in Louisiana. Formore information regarding the federal requirement, contactthe Regulation Development Section at (225) 219-3985 orP.O. Box4302, Baton Rouge, LA 70821-4302. No fiscal oreconomic impactwill result from the rule. This rule will be promulgated in accordance with the procedures in R.S. 49:953(F)(3) and (4). This rule will delete the significant monitoring concentration (SMC) for PM2.5 

### from Louisiana's Prevention ofSignificantDeterioration (PSD)program underLAC 33:111.509.LDEQ incorporated certain provisions ofthe Environmental Protection Agency's (EPA's) final rule entitled "Prevention ofSignificant Deterioration (PSD) for Particulate MatterLess Than 2.5 Micrometers (PM25

### }---Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC)," 1

### includingthe SMC for 

### PMz 5, 

### into the Louisiana air quality regulations on December 20, 2012 (AQ328ft). However, on January 22, 2013, the U.S. CourtofAppeals for the D.C. Circuit found that EPA lacked the legal authority to adopt and use the PM2•5 

### SMC to exemptpermit applicants from the statutory requirementto compile and submit ambient monitoring data (Sierra Club v. EPA, No. I0-1413). Consequently, the vacated SMC for PM2.5 

### was removed from the federal PSD rules, 40 CFR51.166 and 40 CFR52.21, on December9, 2013, (78 FR73698). Atthe same time, EPA also instructedpermitting authoritiesto revise the numerical value ofthe 

### PMz. 5 

### SMC to 0 Jlg/m3 (or make equivalentchanges) as soon as feasible. This rulemaking will delete the PMz.s SMC from LDEQ'sPSD program. The basis and rationale for this rule are to delete the SMC for PM25

### from Louisiana's PSD program under LAC 33:111.509. This rule meets an exception listed in R.S. 30:2019(D)(2) and R.S. 49:953(0)(3); therefore, no report regarding environmental/health benefits and social/economic costs is required.

1

### 75 FR64864, October 20,2010

### PROPOSED RULE/December20,2015 

## AQ357ft

This rule has no known impact on family formation, stability, and autonomy as described in R.S. 49:972. This rule has no known impact on poverty as described in R.S. 49:973. This rule has no known impacton providers as described in HCR 170 of2014. A public hearing will be held on January 27, 2016, at I:30 p.m. in the Galvez Building, Oliver Pollock Conference Room, 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 orderto participate, contactDeidraJohnson at the address given below orat (225) 219-3985. Two hours offree parking are allowed in the Galvez Garage with a validated parkingticket. All interestedpersons are invited to submitwritten comments on the proposed regulation. Persons commenting should reference this proposed regulation by AQ357ft. Such comments must bereceived no laterthan January 27, 2016, at 4:30p.m., and should be sentto DeidraJohnson, Attorney Supervisor, Office ofthe Secretary, Legal Division, P.O. Box 4302, Baton Rouge, LA 70821-4302 orto FAX 

### (225) 219-4068 orby e-mail to deidra.johnson@la.gov. The comment period for this rule ends on the same date as the public hearing. Copies ofthis proposed regulation can be purchased bycontactingthe DEQ Public Records Center at (225) 219-3168. Check or money order is required in advance for each copy ofAQ357ft. This regulation is available on the Internet at www.deq.Iouisiana.gov/portalltabid/1669/default.aspx. This proposed regulation is available for inspection at the following DEQ office locations from 8 a.m. until4:30 p.m.: 602 N. Fifth Street, Baton Rouge, LA 70802; 1823 Highway 546, WestMonroe, LA 71292; State Office Building, 1525 Fairfield Avenue, Shreveport, LA 7110I; 130I Gadwall Street, Lake Charles, LA 70615; Ill New CenterDrive, Lafayette, LA 70508; II0 Barataria Street, Lockport, LA 70374; 201 Evans Road, Bldg. 4, Suite 420, New Orleans, LA 70123. Herman Robinson, CPM General Counsel

2NOTICE OFINTENT DepartmentofEnvironmental Quality Officeofthe Secretary Legal Division Deletion ofthe Significant Monitoring Concentration for PMz.s (LAC 33:III.509)(AQ357ft) Under the authority of the Environmental Quality Act, R.S. 30:2001 et seq., and in accordance with the provisions oftheAdministrative Procedure Act, R.S. 49:950 et seq., the secretary gives notice that rulemaking procedures have been initiated to amend the Air regulations, LAC 33:111.509 (Log #AQ357ft).

This Rule is identical to federal regulations found in 40 CFR 51.166 and 40 CFR 52.21, which are applicable in Louisiana. For more information regarding the federal requirement, contact the Regulation Development Section at (225) 219-3985 or P.O. Box 4302, Baton Rouge, LA 70821- 4302. No fiscal or economic impact will result from the Rule. This Rule will be promulgated in accordance with the procedures in R.S. 49:953(F)(3) and (4).

This Rule will delete the significant monitoring concentration (SMC) for PMzs from Louisiana's Prevention of Significant Deterioration (PSD) program under LAC 33:111.509.LDEQ incorporated certain provisions of the Environmental Protection Agency's (EPA's) final rule entitled "Prevention of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers (PMzs}-- Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC)," 1 including the SMC for PM25, into the Louisiana air quality regulations on December 20, 2012 (AQ328ft).

However, on January 22, 2013, the U.S. Court ofAppeals for the D.C. Circuit found that EPA lacked the legal authority to adopt and use the PMzs SMC to exempt permit applicants from the statutory requirement to compile and submit ambient monitoring data (Sierra Club v. EPA, No. 10-1413). Consequently, the vacated SMC for PMzs was removed from the federal PSD rules, 40 CFR 51.166 and 40 CFR 52.21, on December 9, 2013, (78 FR 73698). At the same time, EPA also instructed permitting authorities to revise the numerical value ofthe PMz.s SMC to 0 flg/m3 (or make equivalent changes) as soon as feasible. This rulemaking will delete the PMz.s SMC from LDEQ's PSD program.

The basis and rationale for this Rule are to delete the SMC for PMzs from Louisiana's PSD program under LAC 33:III.509. This Rule meets an exception listed in R.S. 30:2019(D)(2) and R.S. 49:953(0)(3); therefore, no report regarding environmental/health benefits and social/economic costs is required.

175 FR 64864. October20,2010 Title33 ENVIRONMENTALQUALITY PartIII. Air Chapter5. Permit Procedures §509. Prevention ofSignificantDeterioration

A.- 1.4.

5. The administrative authority may exempt a stationary source or modification from the requirements of
2711 Subsection M ofthis Section, with respect to monitoring for a particular pollutant, if: a. the emissions increase of the pollutant from a new stationary source or the net emissions increase ofthe pollutant from a modification would cause, in any area, air quality impacts less than the following amounts;

Carbon monoxide 575 11g/m3 8-hour average Nitrogen dioxide 14 11g/m3 annual average Particulate matter 10 11g/m3 ofPM 1o 24-houraverage 0 ug/m3 ofPMzs' Sulfur dioxide 13 11g/m3 24-houraverage No de minimis air quality level is provided for ozone. However, any net increase ofI00 tons per year or more ofvolatile organic Ozone compounds or nitrogen oxides subject to PSD would require the performance ofan ambient impactanalysis including the gathering of ambient air quality data. Lead 0.1 uwm3 3-month**aver~e** Fluorides 0.25 11g/m3 24-hour average Total reduced sulfur 10 11g/m3 !-houraverage Hydrogen sulfide 0.2 11g/m3 !-houraverage Reduced sulfur 10 11g/m3 !-houraverage compounds

1No exemption is available with regard to PMzs. 1.5.b.- AA.15.b. AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office ofAir Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:348 (June 1988), LR 16:613 (July 1990), amended by the Office ofAir Quality and Radiation Protection, Air Quality Division, LR 17:478 (May 1991), LR 21:170 (February 1995), LR 22:339 (May 1996), LR 23:1677 (December 1997), LR 24:654 (April 1998), LR 24:1284 (July 1998), repromulgated LR 25:259 (February 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2447 (November 2000), LR 27:2234 (December 2001), amended by the Office of the Secretary, Legal Affairs Division, LR 31 :2437 (October 2005), LR 31:3135, 3156 (December 2005), LR 32:1600 (September 2006), LR 32:1843 (October 2006), LR 36:2556 (November 2010), LR 37:1148 (April 2011), repromulgated LR 37:1389 (May 2011), amended LR 37:1570 (June 2011), repromulgated LR 37:2146 (July 2011), amended by the Office of the Secretary, Legal Division, LR 38:3163 (December 2012), LR 39:1280 (May 2013), LR42: Family ImpactStatement

This Rule has no known impact on family formation, stability, and autonomy as described in R.S. 49:972. Poverty ImpactStatement This Rulehas no known impact on poverty as described in R.S. 49:973. ProviderImpactStatement

This Rule has no known impact on providers as described in HCR 170 of2014.Public Comments

All interested persons are invited to submit written comments on the proposed regulation. Persons commenting should reference this proposed regulation by AQ357ft. Such comments must be received no later than January 27, 2016, at 4:30 p.m., and should be sentto Deidra Johnson, Attorney Supervisor, Office ofthe Secretary, Legal Division, P.O. Box 4302, Baton Rouge, LA 70821-4302 or to fax (225) 219- 4068 or by e-mail to deidra.johnson@la.gov. The comment Louisiana Register Vol. 41, No. 12 December20, 2015period for this Rule ends on the same date as the public hearing. Copies ofthis 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 ofAQ357ft. This regulation is available on the internet at www.deq.louisiana.gov/portal/tabid/1669/default.aspx. PublicHearing Apublic hearing will be held on January 27, 2016, at I:30 p.m. in the Galvez Building, Oliver Pollock Conference Room, 602 North 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 Deidra Johnson at the address given below or at (225) 219-3985. Two hours offree parking are allowed in the Galvez Garage with a validated parking ticket.

This proposed regulation is available for inspection at the following DEQ office locations from 8 a.m. until 4:30 p.m.: 602 North 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; lll New Center Drive, Lafayette, LA 70508; II0 Barataria Street, Lockport, LA 70374; 201 Evans Road, Bldg. 4, Suite 420, New Orleans, LA 70123.

1512#032 Herman Robinson, CPM General Counsel

NOTICE OFINTENT DepartmentofEnvironmental Quality Office ofthe Secretary Legal Division equirements in Specified Pari

AC 33:IIl.504)(AQ355) Under the authori ntal Quality Act, RS. 30:2001 et seq., in accordan with the provisions ofthe Administrative Pr .S. 49:950 et seq., the secretary gives notice that ema ng procedures have been initiated to amend the Air ulations, LAC 33:III.504 (AQ355).

This Rule will revise the ffset quirements that apply to certain projects in the B n Rouge ea (i.e., the parishes of Ascension, East Bato Rouge, lber 'lie, Livingston, and West Baton Rouge Currently, if a ysical change or change in the me Od ofoperation at an 'sting stationary source (with a tential to emit 50 tons p ear (TPY) or more ofNO OC) will increase NOx/VOC missions by 25 TPY or ore, the owner/operator must dete 'ne the net emission mcrease over the contemporaneous per . Ifthe net e 1ssions increase is 25 TPY or mo own 7operator must provide NOx/VOC offsets fo pr ect at a 1.1 to I ratio. This Rule will revise the tri

lues and offset ratio as follows:

Louisiana Register Vol. 41, No. 12 December20, 2015 2712 NettingThresholds in Tons per Year for SignificantNet Increases in VOC and NO,Emissions and Offset Ratio voc Existing: 25 Proposed: 40 NO, Offset Ratio 25 1.1 to 1 40 1.0 to I Rule will also establish an exemption for pol control projects. At present, the Baton Rouge ea is designat d as a marginal nonattainment area with r pect to the 200 8-hour national ambient air quality standard (NAAQS) for ozone (i.e., 75 parts per billi (ppb)). However, e design value ofeach ambient air m itor in the region is c mpliant with this NAAQS, and DEQ has requested tha EPAredesignate the area to attai ent. LDEQ anticipates tha EPA will approve LDEQ's r uest in early 2016.

On October , 2015, EPA revised th 8-hour ozone NAAQS to 70 p , a standard with which he Baton Rouge area does not curr ntly comply. However. designations will not be enacted fo up to 2 years fro the date the new standard is promulg ted (see §107(d)( (B)(i) ofthe Clean Air Act). Thus, durin the period bet en the effective date ofthe area's redesign ion to attain nt ofthe 2008 ozone NAAQS and that ofits otential) n with respect to the 20I ozone N required by the Clean Air ct.

However, LDEQ has elect d to retain the offset requirements under LAC 3 ·III. 04.M as an anti-backsliding measure, but align the netti and significant net increase trigger values with those for arginal nonattainment areas (cf. Table I ofLAC 33:III.5 L), set the offset ratio at 1.0 to I, and establish an exem io for NOx and VOC increases that are a direct result of, a d in dental to, the installation of abatement equipment impl mentation of a control technique designed to co trol emis ions ofanother pollutant. The basis and rationale or this Ru are to revise the offset requirements that appl to projects i the Baton Rouge area. This Rule meets an ception listed 'n R.S. 30:2019(0)(2) and R.S. 49:953( (3); therefore, o report regarding environmental/heal benefits and soci )/economic costs is required. Title33 IRONMENTALQUA Part Ill. Air PermitProcedures edures and Offset Requirement S ecified Parishes A.- L.

... 

### *** ffset Requirements in Specified Parishes. xcept as d in Paragraph M.4 ofthis Section, the prov ions of this bsection shall apply to stationary sources lo ted in the arishes of Ascension, East Baton Rouge, Ib ille, Liv, ngston, and West Baton Rouge if the p ish's d ignation with respect to the 8-hour national ambien air

ality standard (NAAQS) for ozone is attainment, marg al onattainment, or moderate nonattainment. I.

# AttachmentB

### LOG# AQ355 AQ357ft

OS093 

### '· 

# AGENDAFORPUBLICHEARING BeingConducted by: DEPARTMENTOFENVIRONMENTAL QUALITY REGULATION DEVELOPMENT SECTION January 27; 2016 1:30PM GalvezBuilding, OliverPollock Conference Room 602 N. Fifth Baton Rouge, L\

SUSAN

### HAM

- HEARING OFFICER



### RULETITLE
OffsetRequirements in SpecifiedParishes LAC 33:III.504 

### Deletionofthe SignificantMonitoring Concentration for PM2.5 LAC 33:III.509 

### Reportable Quantity Listfor Pollutants LAC 33:1.3905 and 3931



### COMMENTPERIODENDS February03, 2016 ft

### Rule: 

### COMMENTPERIODENDS January 27, 2016 

### * * * * * * * * * * * * * * * * * * * * AT 4:30PM AT 4:30PM**~·**...**~ -~** ...--...**~** ...·.-;.· - .. ·J· .•

· DEPARTMENTOFENVIRONMENTAL QUALITY ATTENDANTSIGN-INSHEET RulemakingHearing, 1:30p.m. January27, 2016 A0355

- Offset Requirements in Specified Parishes AQ357ft

- Deletion ofthe Significant Monitoring Concentration for PM2.5 OS093

- Reportable Quantity ListforPollutants

# :::::::::.:::::::::::~::::~~~-~~:;;

# ..**::-~:.::::::**

# ..**::~:::· :.::::::~:.:::~.:::;~n~~-~~~~~:::::;;,.::::~::~~~]~~!:~~:~:~::~::;:::;:::::::::.::~~~.~~~~::::::::::::::::::::.:::** 

# ..**::.~: :~~~:~t~\~,~~:·:~I~~~~;::.~~~:::::::.:::I.~:::::l~~~~~~(:~:~~J-::7~~~~~.** **v~td'm** Wh11t'MY' L.TY......r.> 

# 'I**G~- ~-f!-**  L-A-- f'j,;!.5);!.!q-o/12S, ,J

## ~ 

# I h M 1

# 'fj()p 

# c**~** 

# \ \ \\ {I 

# I r I \ I

.

# y 3 

# n:'\- A./

# ~£Um**~~ OrL\~** **~~q: ~** **~«~** 

# I**Ge.t'<b~~LA** 1c:n-?f1 

# I**C.U5)tnt.~-.24.~** tJ

# ~-.4-**~"h- L!J~&**  Gd.ve.-z_ 

# I R

# ~ L A 

# I**u~s-);J/7-37(5** 

# f/ 

# I I



# . '

### 1 2 

### 3 4 

### 5 6 

### 7 8 9 

### 10 11**':f->''~,-** 

### 12 13 14 15 16 17 18 19 20 21 22 23 24 

### 25

# ORIGII'~t\L

STATE OF LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY OFFICE OF ENVIRONMENTAL SERVICES

PUBLIC HEARING IN RE:

LOG# AQ357FT 

# RECEIVED FEB 0 52016

lADEPT. OF ENV. OUALil'V LEGAl. DIVISION 

## DELETION OF THE SIGNIFICANT MONITORING CONCENTRATION FOR PM2.5



## * * * 

## * * * * * 

## * * * * * 

## * * * * 

## * * * * * 

### A Public Hearing was held by the Louisiana Department of Environmental Quality, Office of Environmental Services, at the Galvez Building, Pensacola Conference Room, 602 North Fifth Street, Baton Rouge, Louisiana 70802, beginning at 1:35 p.m. on Wednesday, January 

## 27, 2016.

* * * * * * * * 

## * * * * * * * * * * * * * *



### Reported by: Susan Erkel Certified Court Reporter In and for the State of Louisiana

ASSOCIATEDREPORTERS, INC. (225) 216-2036 l

### 1 

### A P P E A R A N C E S 2 3 

### HEARING OFFICER: 4 Susan Ham 5 Department of Environmental Qualiti 6 Office of Environmental Services 7 602 North Fifth Street 

## B Baton Rouge, Louisiana 70802 9 10 

### 11 12 13 14 

### 15 16 17 18 

### 19 

### 20 21 22 23 24 

### 25 

### * * * * * * * * * '*



### ASSOCIATEDREPORTERS, INC. (225) 216-2036

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### 19 20 21 22 

### 23 24 25 P R 0 C E E D I N G S MS. HAM: 

### Good afternoon. My name is Susan Ham, and I am employed by the Louisiana Department of Environmental Quality. I'll be serving as the Hearing Officer this afternoon to receive comments regarding a proposed amendments to the Air and Office of Secretary Regulations. The comment period for these amendments began on December 20, 2015, when the Notices of Intent were published in the "Louisiana Register". The comment period will close at 4:30 p.m. today, January 27, 2016 for the Log Number AQ357ft, and at 4:30p.m., February 3, 2016, for the Log Number(s) AQ355 and OS093. It would be beneficial 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. hearing is 

### not being conducted in a 

### question and answer format. Please

ASSOCIATEDREPORTERS, INC. (225) 216-2036 

### This

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## 25 remember that the purpose of this public hearing is to allow you, the public, an opportunity to express your thoughts concerning today's proposed amendments. 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 the Log Number AQ357ft. This rule will delete the Significant Monitoring Concentration (SMC) for PM2.5 from Louisiana's Prevention of Significant Deterioration (PSD) program under LAC 33:III.709. LDEQ incorporated certain provisions of the Environmental Protection Agency's (EPA's) final rule entitled "Prevention of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers (PM2.5)

-- Increments, Significant Impact Levels (SILs)and Significant Monitoring Concentrations (SMC), " 1 

## including the SMC for PM2.5, into the Louisiana air quality regulations on December 20,

ASSOCIATEDREPORTERS, INC. (225) 216-2036 4

### 1 

### 2 3 4 

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### 7 8 9 

## 10 11 

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

## 23 24 

## 25 2012. This was Rule number AQ328ft. However, on January 22, 2013, the U.S. Court of Appeals for the D.C. Circuit found that EPA lacked the legal authority to adopt and use the PM2.5 SMC to exempt permit applicants from the statutory requirement to compile and submit ambient monitoring data. This

case was "Sierra Club versus EPA". It

was suit number 10-1413. Consequently, the vacated SMC for PM2.5 was removed from the federal PSD rules. This was done at 40 CFR 51.166 and 40 CFR 52.21 on December 9, 2013. It can found at 78 Federal Register 73698. At the same time, EPA also instructed permitting authorities to revise the numerical value for the PM2.5 SMC to 0 pg/m3 (or make equivalent changes as soon as feasible. This rulemaking will delete the PM2.5 SMC from LDEQ's PSD program. Does anyone care to comment on this regulation? (No response. If not, the hearing on AQ357ft is

ASSOCIATED**REPORTERS:~** 

### INC. 

### (225) 216-2036

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### closed. Thank you for your attention and partic1pation. This hearing is now closed.



### (THE HEARING ADJOURNED AT 1:38 P.M.)

1 

### 75 FR 64864, October 20, 2010

ASSOCIATEDREPORTERS, INC. (225) 2.16-2036

### 1 C E R T I F 

### I C A T E 

### 2 This certificat:_on is valid only for a transcript 3 accompanied by my original signature and official seal on ::his 4 page. 5 I, SUSAN ERKEL, Certified Court Reporter, in and for the 6 State of Louisiana, as the officer before whom this public 7 hearing was taken, de hereby certify that the foregoing 6 pages 8 were reported by me in the voice-writing method, and was 9 prepared and transcribed by me or under my personal direct.io:t 10 

### and supervision, and is a true and correct transcript to u·1e 

### 11 best of my ability and understanding; 12 

### That the transc1:ipt has been prepared in compliance with 13 

### transcript format guidelines required by statute or by rules of 14 

### the board; 15 

### That I have ucted in compliance with the prohibition on 16 

### contractual relationships, as defined by Louisiana Code of 17 

### Civil Procedure Article 1434 

### and in rules and advisory opinions 18 

### of the board; and 19 

### That I am not**n~lated** 

### to counsel or to the parties 20 herein, nor am I otherwise interested in Lhe outcome of this 21 

### matter. 22 

### 23 24 25 

## ------ -··············-··--- SUS.Z\N 

### ERKEL CERTIFIED COURT HEPORTER 

### LICENSE NO. 24005


## ASSOCL..tTEDREPORTERS, INC. (225) 216-2036

### 1 R E p 0 R T E R I 

# s P A G E 2 3 I, SUSAN ERKEL, Certified Court Reporter in and for 4 the State of Louisiana, before whom this sworn testimony 5 was taken, do hereby state on the Record: 6 That due to the interaction in the spontaneous 7 discourse of this proceeding, dashes (--) have been used 8 to indicate pauses, changes in thought, and/or talkovers; 9 That same is t::1e proper method for a Court Reporter's 10 transcription of proceedings, and that the dashes (--) do 11 not indicate that wards or phrases have been left out of 12 this transcript; 13 That any words and/or names which could not be 14 verified through reference material have been denoted with 15 the phrase "(spelled phonetically)." 16 17 

### 18 19 20 

### 21 22 23 24 

### 25 

### SUSAN ERKEL CERTIFIED COURT REPORTER LICENSE NO. 24005



### ASSOCIATEDREPORTERS7 

### INC .

.(225) 216-2036

# Attachment C

### Final/March 20,2016



## Title 33 ENVIRONMENTALQUALITY 

## Part III. Air Chapter5. Permit Procedures §509. Prevention ofSignificantDeterioration A.- 

### 1.4. ... AQ357ft

5. The administrative authoritymay exempta stationary source ormodification from the requirements ofSubsection M ofthis Section, with respectto monitoringfor a particular pollutant, if:

a. the emissions increase ofthe pollutantfrom a new stationary source orthe net emissions increase ofthe pollutantfrom a modification would cause, in any area, air quality impacts lessthan the following amounts: Carbonmonoxide 575 J.tg/m3 

### 8-hour average Nitrogen dioxide 14 J.tg/m3 

### annual average Particulate matter 10 J.tg/mj ofPM 10 

### 24-houraverage 40J.tg/m3

### ofPM2.s1 ')JI**~** '= 

### Sulfur dioxide 13 J.tg/m3 

### 24-hour average No de minimis 

### airquality level is provided for ozone. However, any net increase of 100 tonsperyearormore ofvolatile organic Ozone compounds ornitrogen oxides subjectto PSD would requiretheperformanceofan ambient impact analysis includingthe gathering ofambient airqualitydata. Lead 0.1 J.tg/m3 

### 3-month average Fluorides 0.25 J.tg/m3 

### 24-houraverage Total reduced sulfur 10 J.tg/m3 

### 1-houraverage Hydrogen sulfide 0.2 J.tg/m3 

### 1-houraverage Reduced sulfur 10 J.tg/m3 

### 1-houraverage compounds

1

### No exemption is available with regard to**PM~. ,**  

### 1.5.b. -AA.15.b

....

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

### Final/March 20, 2016 AQ357ft

HISTORICALNOTE: Promulgated bythe DepartmentofEnvironmental Quality, Office ofAir Quality and NuclearEnergy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:348 (June 1988), LR 16:613 (July 1990), amended by the Office ofAir Quality and Radiation Protection,Air Quality Division, LR 17:478 (May 1991), LR 21:170 (February 1995), LR 22:339 (May 1996), LR23:1677 (December 1997), LR 24:654 (Aprill998), LR 24:1284 (July 1998), repromulgated LR 25:259 (February 1999), amended by the Office ofEnvironmental Assessment, Environmental Planning Division, LR26:2447 (November 2000), LR 27:2234 (December 200I), amendedby the Office ofthe Secretary, Legal Affairs Division, LR 31 :2437 (October 2005), LR 31:3135, 3156 (December 2005), LR 32:1600 (September 2006), LR 32:1843 (October 2006), LR 36:2556 (November2010), LR 37:1148 (April2011), repromulgated LR 37:1389 (May 2011), amended LR 37:1570 (June 2011), repromulgated LR 37:2146 (July 2011), amended by the Office ofthe Secretary, Legal Division, LR 38:3163 (December 2012), LR 39:1280 (May 2013), LR42:**.

2HISTORICALNOTE: Promulgated by the Board E mentary and Secondary Education, LR 35:909 (May 200 , ctive July 1, 2009, amendedLR 42:400 (March 2016). 

### §71

. MultipleDisabilities

A. Definition. 

### Multiple disabilities means conco tant impat ents (such as intellectual disability-blin ess, orthop die impainnent-deafhess, autism-orth pedic impai ent, or emotional disturbance intellectual dis ility), the com ination of which causes such severe

# fdcational needs th t they cannot be accommodated i special education rograms solely for one ofthe impairme ts.

A.l.-D

.... AUTHORI NOTE: Promulgated in**accordan~** with RS. 17:1941 et seq. 

# *'

HISTORICA NOTE: Promulgated by th Board of Elementary and Secondary Education, LR 35:9 (May 2009), effective July I, 2 9, amendedLR 42:401 (Marc 2016). §717. Other ealth Impairment 

# j

A. -D.

... 1

1. a report an examination,

### c~ucted within the previous 1**~** months 

## ?m a physician or her licensed health care provtder autho tzed by the stat of Louisiana and qualified in accordan with their lice ed scope ofpractice to assess and diagnose he student's h alth problems, giving not only a descriptio of the im irment but also any implications for instruct n and p sical education. When the report indicates the student as a health condition requiring health techno) y, mf1agement or treatments including a special diet or med" ation or that the student needs assistance with activi ·es of daily living, the school nurse or other qualified per net will conduct a health assessment. For attention defi 

### t disorder or attention deficit hyperactivity disorder, a dia tic report from a physician or a nurse practitioner shall t b required. 2.- 4

.... AUTHORITYNOTE: with RS. 17:1941 et seq.

HISTORICALNOTE: romulgated by the Board of Elementary and Secon Education, R 35:910 (May 2009), effective July 1, 2009, am nded LR42:401 March 2016). §719. Specific Lea ingDisability

A. Definition. 

### S ecific learning ·sability means a disorder in one or re ofthe basic psyc ological processes involved in unders ding or in using I uage, spoken or written, that may anifest itself in the im erfect ability to listen, think, spe , read, write, spell, or to o mathematical calculations, i luding conditions such s perceptual disabilities, b in injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Spec c learning disability do s not include learning proble s that are primarily th result ofvisual, hearing, or motor isabilities, of intellect al disability, of emotional disturba , or of environm tal, cultural, or economic disadvantage.

B. cr· eria for Eligibility. Evidence of criteria Paragrap s 1, 2, 3, and 4 must be met: 1. the learning problems are not primarily the of: visual, hearing, or motor disability; intellectual disability; B 

### .c.- D.4.

5. a psychological assessment shall be conducted by ified school psychologist, when necessary, to rule out an ellectual disability; 401 6. -7

.... THORITYNOTE: Promulgated in accordance with 17:1 I et seq.

HIS RICALNOTE: Promulgated by the Element and Secondary Education, LR 35:911 (Ma effective Ju I,2009, amended LR 42:401 (March 2016 Chapter 15. Related Services §1509. Sch Health Servicesand School Service A.- B.l.b. or dentist or

Promulgated Promulgated by Elementary nd Secondary Education, LR 35:9 effective ly 1, 2009, amended LR42:401 (March 2 Shan N. Davis Executive Director

RULE Department ofEnvironmental Quality Office ofthe Secretary Legal Division Deletion ofthe SignificantMonitoring Concentration for PMz.5 (LAC 33:III.509)(AQ357ft) RS.

Under the authority of the Environmental Quality Act, R.S. 30:2001 et seq., and in accordance with the provisions oftheAdministrative Procedure Act, R.S. 49:950 et seq., the secretary has amended the Air regulations, LAC 33:111.509 (Log #AQ357ft).

This Rule is identical to federal regulations found in 40 CFR 51.166 and 40 CFR 52.21, which are applicable in Louisiana. For more information regarding the federal requirement, contact the Regulation Development Section at (225) 219-3985 or P.O. Box 4302, Baton Rouge, LA 70821- 4302. No fiscal or economic impact will result from the Rule. This Rule is promulgated in accordance with the procedures in R.S. 49:953(F)(3) and (4).

This Rule deletes the significant monitoring concentration (SMC) for PMz5 from Louisiana's Prevention ofSignificant Deterioration (PSD) program under LAC 33:III.509. LDEQ incorporated certain provisions of the Environmental Protection Agency's (EPA's) final rule entitled "Prevention of Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers (PM25}-Increments, Significant Impact Levels (SILs) and Significant Monitoring Concentration (SMC)," 1 including the SMC for PM25, into the Louisiana air quality regulations on December 20, 2012 (AQ328ft).

Louisiana Register Vol. 42, No. 03 March 20, 2016However, on January 22, 2013, the U.S. Court ofAppeals for the D.C. Circuit found that EPA lacked the legal authority to adopt and use the PMzs SMC to exempt permit applicants from the statutory requirement to compile and submit ambient monitoring data (Sierra Club v. EPA, No. 10-1413). Consequently, the vacated SMC for PMzs was removed from the federal PSD rules, 40 CFR 51.166 and 40 CFR 52.21, on December 9, 2013, (78 FR 73698). At the same time, EPA also instructed permitting authorities to revise the numerical value ofthe PM2.5 SMC to 0 Jlg/m3 (or make equivalent changes) as soon as feasible. This rulemaking will delete the PMzs SMC from LDEQ's PSD program.

Thebasis andrationale for this Rule are to delete the SMC for PM25 from Louisiana's PSD program under LAC 33:111.509. This Rule meets an exception listed in R.S. 30:2019(D)(2) and R.S. 49:953(0)(3); therefore, no report regarding environmental/health benefits and social/economic costs is required.

175 FR 64864, October 20, 2010 Title33 ENVIRONMENTALQUALITY PartIII. Air Chapter5. PermitProcedures §509. Prevention ofSignificantDeterioration

A.- 1.4.

5. The administrative authority may exempt a stationary source or modification from the requirements of Subsection M ofthis Section, with respect to monitoring for a particular pollutant, if: a. the emissions increase of the pollutant from a new stationary source or the net emissions increase ofthe pollutant from a modification would cause, in any area, air quality impacts less than thefollowing amounts;

Carbon monoxide 575 J.1g/m3 8-hour average Nitrogen dioxide 14 J.lg/m3 annual average Particulate matter 10 J.lg/m3 ofPMw 24-hour average 0 11g/m3ofPM25 1 Sulfur dioxide 13!1g/m3 24-hour average No de minimis air quality level is provided for ozone. However, any net increase ofI00 tons peryear or more ofvolatile organic Ozone compounds or nitrogen oxides subject to PSD would require the performance ofan ambient impactanalysis includingthe gathering of ambient airguality data. Lead O.l!lg/m3 3-monthaverage Fluorides 0.25 11g/m3 24-hour average Total reduced sulfur 10 11g/m3 !-houraverage Hydrogen sulfide 0.2 11g/m3 !-houraverage Reduced sulfur 10 11g/m3 !-houraverage compounds

I No exemption is availableWJth regard to PM2.s. 1.5.b. -AA.15.b. AUTHORITYNOTE: Promulgated in accordance with RS. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office ofAir Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended LR 14:348 (June 1988), LR 16:613 (July 1990), amended by the Office ofAir Quality and Radiation Protection, Air Quality Division, LR 17:478 (May 1991), LR 21:170 (February 1995), LR 22:339 (May 1996), LR 23:1677 (December 1997), LR 24:654 (April 1998), LR 24:1284 (July 1998), repromulgated LR 25:259 (February 1999), Louisiana Register Vol. 42, No. 03 March 20, 2016 402 amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2447 (November 2000), LR 27:2234 (December 2001), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2437 (October 2005), LR 31:3135, 3156 (December 2005), LR 32:1600 (September 2006), LR 32:1843 (October 2006), LR 36:2556 (November 2010), LR 37:1148 (April 2011), repromulgated LR 37:1389 (May 2011), amended LR 37:1570 (June 2011), repromulgated LR 37:2146 (July 2011), amended by the Office of the Secretary, Legal Division, LR 38:3163 (December 2012), LR 39:1280 (May 2013), LR 42:402 (March 2016).

1603#030 Herman Robinson, CPM General Counsel

RULE DepartmentofEnvironmental Quality Office ofthe Secretary Legal Division Offset Requirements in Specified Parishes (LAC 33:111.504)(AQ355) Under authority of the Environmental Qu ity Act, R.S. 30:200 et seq., and in accordance with the rovisions oftheAdmim trative Procedure Act, R.S. 49:95 et seq., the secretary has ended the Air regulations, L 33:III.504 (AQ355).

This Rule revi es the offset requiremen that apply to certain projects in e Baton Rouge area (i. ., the parishes of Ascension, East B on Rouge, lbervill , Livingston, and West Baton Rouge). Currently, if a ysical change or change in the method f operation at n existing stationary source (with a potentia to emit 50 ns per year (TPY) or more ofNOxNOC) will I creaseN xNOC emissions by 25 TPY or more, the owner perato must determine the net emissions increase over the ont poraneous period. Ifthe net emissions increase i 5 TPY or more, the owner/operator must provid NOxNOC offsets for the project at a 1.1 to 1ratio. Thi le revises thetrigger values and offset ratioas follows:

Existing: Proposed: ons perYe\rforSignificantNet NO, Emissio'ts and OffsetRatio

NOx

## Offs~atio 25 1.1 to 40 1.0 to 1 This establishes an exempt n for pollution control project At present, the Baton ouge area is designated as marginal nonattainment area 'th respect to the 2008 8- our national ambient air qua: 'ty standard (NAAQS) r ozone (i.e., 75 parts per bi 'on (ppb)). However, t e design value ofeach ambient air mo itor in the region is compliant with this NAAQS, and L EQ has requeste that EPA redesignate the areato attainmen LDEQ anticip es that EPA will approve LDEQ's request 1 early 2016.

0 October 1, 2015, EPA revised the 8-hour N QS to 70 ppb, a standard with which the Baton Ro e a a does not currently comply. However, designations w I

ot be enacted for up to 2 years from the date the ne