jOHN BEL EDWARDS 

GOVERNOR 

RECEIVED 

CHUCK CARR BROWN, PH.D. 

16 AUG -2 AH I: 18 

~tate Of JLOUlSi~ITS SECTION 

DEPARTMENT OF ENVIRONMENTAL c:jij>~ 

OFFICE OF THE SECRETARY 

July 22, 2016 

Mr. Ron Curry 

Regional Administrator (6RA) 

U.S. Environmental Protection Agency, Region 6 

1445 Ross Avenue, Suite 1200 

Dallas, TX 75202-2733 

Re: Louisiana State Implementation Plan (SIP) Update 

Significant Monitoring 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 

Significant Deterioration) revising the SMC for PM2.s to 0 J.Lg/m3

. 

On January 22, 2013, the U.S. Court of Appeals for the District of Columbia Circuit vacated the 

portions of EPA'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 of the 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 the public or EPA were received. AQ357ft was promulgated on March 20,2016.6 

1 Sierra Club v. EPA, 105 F.3d 458 (D.C. Cir. 2013) 2 Prevention of Significant Deterioration for Particulate Matter Less Than 2.5 Micrometers- Significant Impact 

Levels and Significant Monitoring Concentration: Removal of Vacated Elements (78 FR 73698; December 9, 

2013) 3 78 FR 73700 4 Copies of the proposed rule (as published on LDEQ's website and in the Louisiana Register) are included as 

Attachment A. 

5 A copy of the public hearing transcript is included as Attachment B. 6 Copies of the fmal rule (again, as published on LDEQ's website and in the Louisiana Register) are included as 

Attachment C. 

Post Office Box 4301 • Baton Rouge, Louisiana 70821-4301 • Phone 225-219-3953 • 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 Bryan D. Johnston of the Air Permits Division at (225) 219-3450. 

Sincerely, 

U{(~~ Chuck Carr Brown, Ph.D. 

Secretary 

CCB:BDJ 
Attachment A 
PROPOSED RULE/December 20, 2015 

NOTICE OF INTENT 

Department of Environmental Quality 

Office of the Secretary 

Legal Division 

Deletion of the Significant Monitoring Concentration for PM2.

5 

(LAC 33:111.509) (AQ357ft) 

AQ357ft 

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

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

secretary 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 PM2.5 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 (PM25}---Increments, Significant Impact Levels (SILs) and Significant Monitoring 

Concentration (SMC)," 1

including the SMC for PMz 5, into the Louisiana air quality regulations on 

December 20, 2012 (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 (Sierra Club v. EPA, No. 

I 0-1413 ). Consequently, the vacated SM C for PM2.5 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 of the PMz.5 SMC to 0 Jlg/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 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 FR 64864, October 20,2010 
PROPOSED RULE/December 20, 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 impact on 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 order to participate, contact Deidra Johnson at the 

address given below or at (225) 219-3985. Two hours of free parking are allowed in the Galvez 

Garage with a validated parking ticket. 

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 4:30p.m., and should be sent to Deidra Johnson, 

Attorney Supervisor, Office of the 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 

period for this rule ends on the same date as the public hearing. 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 AQ357ft. 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, 

West Monroe, LA 71292; State Office Building, 1525 Fairfield A venue, Shreveport, LA 7110 I; 

130 I Gadwall Street, Lake Charles, LA 70615; Ill New Center Drive, Lafayette, LA 70508; II 0 

Barataria Street, Lockport, LA 70374; 201 Evans Road, Bldg. 4, Suite 420, New Orleans, LA 

70123. 

Herman Robinson, CPM 

General Counsel 

2 
NOTICE OF INTENT 

Department of Environmental Quality 

Office of the Secretary 

Legal Division 

Deletion of the 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 

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 33:111.509 (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 of Appeals 

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 of the 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. 1 75 FR 64864. October 20,2010 

Title 33 

ENVIRONMENTAL QUALITY 

Part III. Air 

Chapter 5. Permit Procedures 

§509. Prevention of Significant Deterioration 

A.- 1.4. 

5. The administrative authority may exempt a 

stationary source or modification from the requirements of 

2711 

Subsection M of this 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 of the 

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-hour average 0 ug/m3 ofPMzs' 

Sulfur dioxide 13 11g/m3 24-hour average 

No de minimis air quality level is provided for 

ozone. However, any net increase of I 00 tons 

per year or more of volatile organic 

Ozone compounds or nitrogen oxides subject to PSD 

would require the performance of an ambient 

impact analysis 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 !-hour average 

Hydrogen sulfide 0.2 11g/m3 !-hour average 

Reduced sulfur 10 11g/m3 !-hour average compounds 

1 No exemption is available with regard to PMzs. 

1.5.b.- AA.15.b. 

AUTHORITY NOTE: Promulgated in accordance with R.S. 

30:2054. 

HISTORICAL NOTE: Promulgated by the Department of 

Environmental Quality, Office of Air Quality and Nuclear Energy, 

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

14:348 (June 1988), LR 16:613 (July 1990), amended by the Office 

of Air 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 Impact Statement 

This Rule has no known impact on family formation, 

stability, and autonomy as described in R.S. 49:972. 

Poverty Impact Statement 

This Rule has no known impact on poverty as described in 

R.S. 49:973. 

Provider Impact Statement 

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 sent to Deidra Johnson, Attorney 

Supervisor, Office of the 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 December 20, 2015 
period for this Rule ends on the same date as the public 

hearing. 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 AQ357ft. This regulation is available on the internet 

at www.deq.louisiana.gov/portal/tabid/1669/default.aspx. 

Public Hearing 

A public 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 of free 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; II 0 Barataria Street, 

Lockport, LA 70374; 201 Evans Road, Bldg. 4, Suite 420, 

New Orleans, LA 70123. 

1512#032 

Herman Robinson, CPM 

General Counsel 

NOTICE OF INTENT 

Department of Environmental Quality 

Office of the 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 

of the 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 of operation at an 'sting stationary 

source (with a tential to emit 50 tons p ear (TPY) or 

more of NO 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 . If the 

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 December 20, 2015 2712 

Netting Thresholds in Tons per Year for Significant Net 

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 of each ambient air m itor in the 

region is c mpliant with this NAAQS, and DEQ has 

requested tha EPA redesignate 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) of the Clean 

Air Act). Thus, durin the period bet en the effective date 

of the area's redesign ion to attain nt of the 2008 ozone 

NAAQS and that of its otential) n 

with respect to the 20 I 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 of LAC 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 em is ions of another 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. 

Title 33 

IRONMENTAL QUA 

Part Ill. Air 

Permit Procedures 

edures and Offset Requirement 

S ecified Parishes 

A.- L. ... 

*** 

ffset Requirements in Specified Parishes. xcept as 

d in Paragraph M.4 of this 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. 
Attachment B 
LOG# 

AQ355 

AQ357ft 

OS093 

'· 

AGENDA FOR PUBLIC HEARING 

Being Conducted by: 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

REGULATION DEVELOPMENT SECTION 

January 27; 2016 

1:30PM 

Galvez Building, Oliver Pollock Conference Room 

602 N. Fifth 

Baton Rouge, L\ 

SUSAN HAM - HEARING OFFICER 

RULE TITLE 

Offset Requirements in Specified Parishes 

LAC 33:III.504 

Deletion of the Significant Monitoring Concentration for PM2.5 

LAC 33:III.509 

Reportable Quantity List for Pollutants 

LAC 33:1.3905 and 3931 

COMMENT PERIOD ENDS February 03, 2016 

ft Rule: COMMENT PERIOD ENDS January 27, 2016 

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AT 4:30PM 

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

DEPARTMENT OF ENVIRONMENTAL QUALITY 

ATTENDANT SIGN-IN SHEET 

Rulemaking Hearing, 1:30 p.m. 

January 27, 2016 

A0355 - Offset Requirements in Specified Parishes 

AQ357ft - Deletion of the Significant Monitoring Concentration for PM2.5 

OS093 - Reportable Quantity List for Pollutants 

:::::::::.:::::::::::~::::~~~-~~:;; .. ::-~:.:::::: .. ::~:::· :.::::::~:.:::~.:::;~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 

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~-.4- ~"h- L!J~& Gd.ve.-z_ I R ~ L A I u~s-);J/7-37(5 f/ 

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ORIGII'~t\L 

STATE OF LOUISIANA 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

OFFICE OF ENVIRONMENTAL SERVICES 

PUBLIC HEARING IN RE: 

LOG# AQ357FT 

RECEIVED 

FEB 0 5 2016 

lA DEPT. 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. 

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Reported by: 

Susan Erkel 

Certified Court Reporter 

In and for the State of Louisiana 

ASSOCIATED REPORTERS, INC. 

(225) 216-2036 

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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 

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ASSOCIATED REPORTERS, INC. 

(225) 216-2036 
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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 

ASSOCIATED REPORTERS, INC. 

(225) 216-2036 

This 
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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, 

ASSOCIATED REPORTERS, INC. 

(225) 216-2036 

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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. 

(22 5) 216-203 6 
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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 

ASSOCIATED REPORTERS, 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..tTED REPORTERS, 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 

ASSOCIATED REPORTERS7 INC . 

. (225) 216-2036 
Attachment C 
Final/March 20,2016 

Title 33 

ENVIRONMENTAL QUALITY 

Part III. Air 

Chapter 5. Permit Procedures 

§509. Prevention of Significant Deterioration 

A.- 1.4 . ... 

AQ357ft 

5. The administrative authority may exempt a stationary source or modification 

from the requirements of Subsection M of this 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 of the pollutant from a modification would cause, in any area, air 

quality impacts less than the following amounts: 

Carbon monoxide 575 J.tg/m3 8-hour average 

Nitrogen dioxide 14 J.tg/m3 annual average 

Particulate matter 

10 J.tg/mj of PM 10 24-hour average 

40 J.tg/m3 of PM2.s1 ')JI ~ '= 

Sulfur dioxide 13 J.tg/m3 24-hour average 

No de minimis air quality level is provided 

for ozone. However, any net increase of 100 

tons per year or more of volatile organic 

Ozone compounds or nitrogen oxides subject to 

PSD would require the performance of an 

ambient impact analysis including the 

gathering of ambient air quality data. 

Lead 0.1 J.tg/m3 3-month average 

Fluorides 0.25 J.tg/m3 24-hour average 

Total reduced sulfur 10 J.tg/m3 1-hour average 

Hydrogen sulfide 0.2 J.tg/m3 1-hour average 

Reduced sulfur 10 J.tg/m3 1-hour average compounds 

1 No exemption is available with regard to PM~. , 

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

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054. 
Final/March 20, 2016 AQ357ft 

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

of Air Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended 

LR 14:348 (June 1988), LR 16:613 (July 1990), amended by the Office of Air 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 (Aprill998), 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 200 I), amended by the Office of the Secretary, Legal Affairs Division, LR 31 :243 7 

(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 (April2011), 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:**. 

2 
HISTORICAL NOTE: Promulgated by the Board 

E mentary and Secondary Education, LR 35:909 (May 200 , 

ctive July 1, 2009, amended LR 42:400 (March 2016). 

§71 . Multiple Disabilities 

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 fd cational 

needs th t they cannot be accommodated i special 

education rograms solely for one of the 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, amended LR 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 of practice 

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 .... 

AUTHORITY NOTE: with RS. 

17:1941 et seq. 

HISTORICAL NOTE: romulgated by the Board of 

Elementary and Secon Education, R 35:910 (May 2009), 

effective July 1, 2009, am nded LR 42:401 March 2016). 

§719. Specific Lea ing Disability 

A. Definition. S ecific learning ·sability means a 

disorder in one or re of the 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 of visual, 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 .... 

THORITY NOTE: Promulgated in accordance with 

17:1 I et seq. 

HIS RICAL NOTE: 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 Services and School 

Service 

A.- B.l.b. 

or dentist or 

Promulgated 

Promulgated by 

Elementary nd Secondary Education, LR 35:9 

effective ly 1, 2009, amended LR 42:401 (March 2 

Shan N. Davis 

Executive Director 

RULE 

Department of Environmental Quality 

Office of the Secretary 

Legal Division 

Deletion of the Significant Monitoring 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 

of the Administrative 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 of Significant 

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, 2016 
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 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 of the 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. 

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 FR 64864, October 20, 2010 

Title 33 

ENVIRONMENTAL QUALITY 

Part III. Air 

Chapter 5. Permit Procedures 

§509. Prevention of Significant Deterioration 

A.- 1.4. 

5. The administrative authority may exempt a 

stationary source or modification from the requirements of 

Subsection M of this 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 of the 

pollutant from a modification would cause, in any area, air 

quality impacts less than the following 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/m3 ofPM25 1 

Sulfur dioxide 13!1g/m3 24-hour average 

No de minimis air quality level is provided for 

ozone. However, any net increase of I 00 tons 

per year or more of volatile organic 

Ozone compounds or nitrogen oxides subject to PSD 

would require the performance of an ambient 

impact analysis including the gathering of 

ambient airguality data. 

Lead O.l!lg/m3 3-month average 

Fluorides 0.25 11g/m3 24-hour average 

Total reduced sulfur 10 11g/m3 !-hour average 

Hydrogen sulfide 0.2 11g/m3 !-hour average 

Reduced sulfur 10 11g/m3 !-hour average compounds 

I No exemption is available WJth regard to PM2.s. 

1.5.b. -AA.15.b. 

AUTHORITY NOTE: Promulgated in accordance with RS. 

30:2054. 

HISTORICAL NOTE: Promulgated by the Department of 

Environmental Quality, Office of Air Quality and Nuclear Energy, 

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

14:348 (June 1988), LR 16:613 (July 1990), amended by the Office 

of Air 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 

Department of Environmental Quality 

Office of the 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 

of the Admim 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 crease N xNOC emissions by 25 

TPY or more, the owner perato must determine the net 

emissions increase over the ont poraneous period. If the 

net emissions increase i 5 TPY or more, the 

owner/operator must provid NOxNOC offsets for the 

project at a 1.1 to 1 ratio. Thi le revises the trigger values 

and offset ratio as follows: 

Existing: 

Proposed: 

ons per Ye\r for Significant Net 

NO, Emissio'ts and Offset Ratio 

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 of each ambient air mo itor in the 

region is compliant with this NAAQS, and L EQ has 

requeste that EPA redesignate the area to 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