BOBBY JINDAL GOVERNOR



## , 14 SE? -2 PM 6: 03

# ·~tate 

# of JLoutstana ·
DEPARTMENTOFENVIRONMENTALQUALITY 

## OFFICE OFTHE SECRETARY

Mr. Ron Curry, Administrator US EPA Region 6 (6-AR) 1445 Ross Avenue, Suite 1200 Dallas,TX75202-2733



### RE: RequestforDelegationAuthority 40CFRParts60,61 and63

DearMr. Curry:

In accordancewith Clean Air Act Amendments, Section Ill and 112, with 40 CFR 63 Subpart E, and with the performance partnership grant objectives, the Louisiana Department of Environmental Quality (LDEQ) submits an updated delegation request for regulations contained in 40CFRSubparts 60, 61 and 63.

LDEQ reaffirms that it continues to meet the "up-front" approval criteria, including straight incorporationbyreferenceofthefederal rulesthat itwishes to implementand enforce.

Enclosed in this request in Appendix A, is the rulemaking documentation to incorporate by reference those 40 CFRParts 60, 61 and 63 rules that were promulgated after July I, 

### 2012, and

were added to the Code ofFederal Regulation as ofJuly 1, 2013. A copy ofthe final rule 

### as published in the Louisiana Register on July 20, 2014, has been included in appendix A for your
convemence.

Also added to the Incorporation by Reference Rule were rules that were promulgated since March 2011 and were also added to the Code ofFederal Regulations including amendments to 40 CFR 60 Subpart CCCC and DDDD; 40 CFR 60 Subpart MMMM and LLLLL; and 40 CFR 60 SubpartGa.

If you or your 

### staffhave any questions concerning this submittal, please contact Ms. Vivian Aucoin, Air Permits Division, Manufacturing Section, at (225) 219-3397 or Vivian.Aucoin@.la.gov.



## c: Guy Donaldson, EPA Region 6

Post 

### Office Box 4301 • Baton Rouge, Louisiana 70821-4301 • Phone 225-219-3953 • Fax 225-219-3971 www.deq.louisiana.gov

# AppendixA

### vi. Transitional ninth grades in charter ii.Ut!hc>ril,ed to serve students through eighth grade and !Whm·ize:d to serve students in ninth grade and**b~klO•VeJmed** 

### by policy contained in 

### Bulletin

Promulgated in


### Promulgated by Secondary Education. LR 

### LR 26:1433 (July 2000),

(February 200I), LR 27: <tt•ober 2001), LR 29:123 (felbruaii#:wo:n. 31:1974 {August 103 (December

### 3~'~;:~~(0~c~:tober2007), LR (November 2008), 3 2010), LR 40:1 2014).

1407#007



### SecondaryEducation

Bulletin**192'~-·,tuh;ij\a** 

### Accounting and Uniform Governmental (LAC28:XLI.I501)

49:950 et seq., the Administrative Procedure Act, ,._tter<:by given that the Board of Elementary and Sec:f6'<1all Education has adopted 

### Bulletin 1929-Louisiana and Uniform Governmental Handbook, § Percent Expenditure Requirement. removes the policy language from Program and places itin Bulletin I

1

## ;~~2:~:l~t~::~~=

# 1Accounting anlP.Jnifl>rm G Handbook

Chapter

# Expenditu:~e;;~~:~~·;::~~:~~i~' §1501. Percent Requirement

A. 

### for appropriate of state funds providing local flexibility in deternoidftg specific expenditures, education agencies shall that 70 percent of the education agency

# ~s~~~;~~e~x:p~en~:d~~iltures are in the ofinstruction and at the school level as derived ofEducation. The defmition of

### instruction shall

the activities dealing directly beJI-(:en teachers and students including, not limited to, and teacher aide salaries,**eni~c>ye:e** 

### benefits, 

### nlfch""'rl professional and technical textbooks and materials and supplies, instructional

student support activities de<;ig>>edl> fn,pnJVe the well-being of students and to**sl~plement** 

### process, including attendance and .ttid•mce, health and psychological activities; instructional support activities ass:ollat(:d with LSSistirtg the instructional staffwith the content providing learning experiences for**studertt~** 

### •"•cti·vities of improvement of instruction, 

### and


### 1333 urriculum development, instructional staff g, ary/media, and instructional related technology. School administration shall include the

ed by the principal, assistant principals

s while they supervise all operations he school,

e staff·members ofthe school, a gn 

### duties to
ers, supervise and maintain th ecords of the oordinate school instructio activities with

ool system. These activit'

ical staff in support administrative d ·es.

D. For local e but perform at or performance score ( should be provided.

E. For local educatio and also perform below performance score (DPS) ies that fail this requirement,
state average in the district following consequences shall apply. I. 

### s shall assess expenditures g a self-assessment and/or determine operational be streamli through outsourcing, privatization, orc olidation and p "ide areport to BESE

on the impleme tion plan to redi t any savings from these actions to structional activities ording to timelines
setby the De 2. 

### Lo education agencies shall e and federal funds are utilize make revisions
te new spending patterns, and pr 'de a report to he implementation ofthese action ccording to setby the Department ofEducation. ORITYNOTE: Promulgated in accordanc d 17:7. TORICALNOTE: Promulgated by the Bo entary and SecondaryEducation, LR40:1333 (July 20

1407#006 

### HeatherCope 

### Executive Director

RULE DepartmentofEnvironmental Quality Officeofthe Secretary Legal Division

20 13 Annual Incorporation by Reference of

Certain Federal AirQuality Regulations (LAC 33:111.506,507,2160,3003,

5116,5311 and 590l)(AQ343ft) R.S.

of

Under the authority of the Environmental Quality Act, R.S. 30:200I et seq., and in accordance with the provisions oftheAdministrative ProcedureAct, R.S. 49:950 et seq., the secretary has amended the Air regulations, LAC 33:111.506, 507, 2160 ,3003, 5116, 5311 and 590I (Log#AQ343ft).

This Rule is identical to federal regulations found in 40 CFRPart 51,Appendix M; 40 CFRPart 60; 40 CFR Part 61; 40 CFR Part 63; 40 CFR Part 68; 40 CFR Part 70.6(a) and 40CFRPart 96, which are applicable in Louisiana. Formore information regarding the federal requirement, contact the Regulation Development Section at (225) 219-3985 or Box

Louisiana Register Vol. 40, No. 07 July20, 20144302, 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 incorporates by reference (IBR) into the LouisianaAdminstrative Code (LAC), Title 33, Part III, Air· Regulations the follwing federal regulations included in the July I, 2013 edition of the Code of Federal Regulations (CFR): 40 CFR Parts 51, Appendix M, 60, 61, 63, 68, 70.6(a) and 96. Any exception to the IBR is explicity listed in the Rule which updates the references to Juyll, 2013, for Standard of Performance for New Stationary Sources, 40, CFRPart 60. This Rule also updates the references to July I, 2013, for the National Emission Standards for HazardousAir Pollutants (NESHAP) and for NESHAP for Source Categories, 40 CFR Parts 61 and 63. In order for Louisiana
to maintain equivalency with federal regulations, certain regulations in the most current 

### Code of FederalRegulations, July I, 2013, must be adopted into the 

### Louisiana Administrative Code (LAC). This rulemaking is also necessary to maintain delegation authority granted to Louisiana by the Environmental Protection Agency. The basis and rationale for this Rule is to mirror the federal regulations as they apply to Louisiana's affected sources. This 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. Title33 ENVIRONMENTALQUALITY PartIII. Air Chapter5. PermitProcedures §506. CleanAirInterstateRule Requirements



### A.- B.4. C. Annual Sulfur Dioxide. Except as specified in this Section, The federal S02 model Rule, published in the 

### Code of Federal Regulation at 40 CFR 96, July I, 2013, is hereby incorporated by reference, except for Subpart III-CAIR S02 OPT-in Units and all referencesto opt-in units. D.- E

.... AUTHORITYNOTE: Promulgated in accordance with R.S. 30.2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of the Secretary, Legal Affairs Division, LR 32:1597 (September 2006), amended LR 33:1622 (August 2007), LR 33:2083 (October 2007), LR 34:978 (June 2008), LR 35:1107 (June 2009), LR 36:2272 (October 2010), repromulgated LR 36:2551 (November 2010), amended LR 37:2989 (October 2011), LR 38:1229 (May 2012), amended by the Office ofthe Secretary, Legal Division, LR 39:1276 (May 2013), LR40:1334 (July 2014). §507. Part70Operating Permits Program



### A.- B. 

### I.

2. No Part 70 source may operate after the time that the owner or operator ofsuch source is required to submit a permit application under Subsection C ofthis Section, unless

an application has been submitted by the submittal deadline and such application provides information addressing all

### ~pplicable sections of the application form and has been certified as complete in accordance with LAC

Louisiana Register Vol. 40, No. 07 July20, 2014 1334 .33:lll.517.B.l. No Part 70 source may operate after•the deadline provided for supplying additional information requested by the permitting authority under LAC 33:lll.519, unless such additional information has been submitted within the time specified bythe permitting authority. Permits issued to the Part70 source under this Section shall include the elements required by 40 CFR 70.6. The department hereby adopts and incorporates by reference the provisions of 40 CFR 70.6(a), July I, 2013. Upon issuance of the permit, the Part 70 source shall be operated in compliance with all terms and conditions ofthe permit. Noncompliance with any federally applicable term orcondition ofthe permit shall constitute a violation ofthe Clean Air Act and shall be 

### grounds for enforcement action; for pennit tennination, revocation and reissuance, or revision; or for denial of a permitrenewal application.



## c.- J.5. AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2011, 2023, 2024, and 2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office ofAir Quality and Nuclear Energy, Air Quality Division, LR 13:741 (December 1987), amended bythe Office of Air Quality and Radiation Protection, Air Quality Division, LR 19:1420 (November 1993), LR 20:1375 (December 1994), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2447 (November 2000), LR 27:2229 (December 200I), LR 28:994 (May 2002), LR 29:698 (May 2003), LR 30:1008 (May 2004), amended by the Office of Environmental Assessment, LR 31:1061 (May 2005), LR 31: 1568 (July 2005), amended by the Office ofthe Secretary, Legal Affairs Division, LR 31:2437 (October 2005), LR 32:808 (May 2006), LR 33:1619 (August 2007), LR 33:2083 (October 2007), LR 33:2630 (December 2007), LR 34:1391 (July 2008), LR 35:1107 (June 2009), LR 36:2272 (October 2010), LR 37:2990 (October 2011), LR 38:1229 (May 2012), amended by the Office ofthe Secretary, Legal Division, LR 39:1276 (May 2013), LR40:1334 (July 2014). Chapter21. Control ofEmission ofOrganic '\ Compounds SubchapterN. Method43-CaptureEfficiencyTest Procedures [Editor's Note: This Subchapter was moved and renumbered from Chapter61 (December 1996).] §2160. Procedures

A. Except as provided in Subsection C ofthis Section, the regulations at 40 CFR 51,Appendix M, July I, 2013, are hereby incorporated by reference.

B.- C.2.b.iv. AUTHORITYNOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 17:653 (July 1991), amended LR 22:1212 (December 1996), LR 23:1680 (December 1997), LR 24:1286 (July 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 27:1224 (August 2001), LR 29:698 (May 2003), LR 30:1009 (May 2004), amended by the Office ofEnvironmental Assessment, LR 31: 1568 (July 2005), amended by the Office ofthe Secretary, Legal Affairs Division, LR 32:809 (May 2006), LR 33:1620 (August 2007), LR 34:1391 (July 2008), LR 35:1107 (June 2009), LR 36:2272 (October 2010), LR 37:2990 (October 2011), LR 38:1230 (May 2012), amended by the Office ofthe Secretary, Legal Division, LR 39:1277 (May 2013), LR40:1334 (July 2014).Chapter30. StandardsofPerformanceforNew StationarySources (NSPS) SubchapterA. Incorporation by Reference §3003. Incorporation by Referenceof40

### Codeof FederalRegulations (CFR) Part60 A. Except for 40 CFR60, subpartAAA, andas modified in this Section, standards ofperformance for new stationary
sources, published in the 

### Code of Federal Regulations at 40 CFR 60, July I, 2013, are hereby incorporated by reference

as they applyto the state ofLouisiana. Also incorporated by reference are amendments to40 CFR60: subpart CCCC and 

### DODD (78 FR 9111-9213, February 7, 2013). These amendments set forth the Environmental Protection Agency's (EPA) final decision on the issues for which it granted reconsideration in the March 21, 20

### II, final Rule (76 FR 15703-15790), along with other amendments that establishes effective dates for the standards and makes technical corrections; final Rule to 40 CFR 60 subpart MMMM and LLLLpromulgated on March 21, 2011, (76 FR 15372-15453); and 40 CFR 60 Subpart Ga as promulgated

onAugust 14,2012,(77 FR48433-48448). 

### B.- C

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

H!STORJCALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 22:!212 (December 1996), amended LR 23:168! (December 1997), LR 24:1287 (July 1998), LR 24:2238 (December 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 25:1239 (July 1999), LR 25:1797 (October 1999), LR 26:!607 (August 2000), LR 26:2460, 2608 (November 2000), LR 27:2229 (December 200!), LR 28:994 (May 2002), LR 28:2179 (October 2002), LR 29:316 (March 2003), LR 29:698 (May 2003), LR 30: !009 (May 2004), amended by the Office of Environmental Assessment, LR 3!:!568 (July 2005), amended by the Office ofthe Secretary, Legal Affairs Division, LR 3!:2446 (October 2005), LR 32:809 (May 2006), LR 32:1596 (September 2006), LR 33:1620 (August 2007), LR 33:2092 (October 2007), LR 33:2626 (December 2007), LR 34:1391 (July 2008), LR 35:1107 (June 2009), LR 36:2273 (October 2010), LR 37:2990 (October 2011), LR 38:1230 (May 2012), amended by the Office ofthe Secretary, Legal Division, LR 38:2754 (November 2012), LR 39:1039 (April 2013), LR 39:1277 (May 20 13), LR 40:1335 (July 2014). Chapter51. ComprehensiveToxicAirPollutant Emission Control Program Subchapter 

### B. Incorporation by Referenceof40 CFR Part61 (NationalEmission Standards for HazardousAirPollutants) §5116. Incorporation byReferenceof40CFRPart61 (NationalEmission StandardsforHazardousAir Pollutants) A. Except as modified in this Section and specified below, national emission standards for hazardous air pollutants, published in the 

### Code ofFederal Regulations at 40 CFR 61, July I, 2013, and specifically listed in the following table, are hereby incorporated by reference as they applyto sources in the stateofLouisiana.

1335 

### B. -C

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

HISTORJCALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 23:61 (January 1997), amended LR 23:1658 (December 1997), LR 24:1278 (July 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 25:1464 (August 1999), LR 25:!797 (October 1999), LR 26:2271 (October 2000), LR 27:2230 (December 2001), LR 28:995 (May 2002), LR 28:2179 (October 2002), LR 29:699 (May 2003), LR 30:1009 (May 2004), amended by the Office of Environmental Assessment, LR 31:1569 (July 2005), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2448 (October 2005), LR 32:809 (May 2006), LR 33:1620 (August 2007), LR 33:2094 (October 2007), LR 34:1391 (July 2008), LR 35:1108 (June 2009), LR 36:2273 (October 2010), LR 37:2990 (October 2011), LR 38:1230 (May 2012), amended by the Office of the Secretary, Legal Division, LR 39:1277 (May 2013), LR40:1335 (July 2014). SubchapterC. Incorporation by Referenceof40 CFR Part

### 63 (National Emission Standards for HazardousAirPollutants forSource Categories) as 

### ItApplies to Major Sources §5122. Incorporation by Reference of40CFRPart63 (National Emission Standards for Hazardous Air Pollutants for SourceCategories)as ItApplies to MajorSources A. Except 

### as modified in this Section and specified below, national emission standards for hazardous air pollutants for source categories, published in the 

### Code of Federal Regulations at 40 CFR 63, July 

### I, 2013, are hereby incorporated by reference 

### as they apply to major sources in the stateofLouisiana. · 

### B. -C.3. AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 23:61 (January 1997), amended LR 23:1659 (December 1997), LR 24:1278 (July 1998), LR 24:2240 (December 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 25:1464 (August 1999), LR 25:1798 (October 1999), LR 26:690 (April 2000), LR 26:2271 (October 2000), LR 27:2230 (December 2001), LR 28:995 (May 2002), LR 28:2180 (October 2002), LR 29:699 (May 2003), LR 29:1474 (August 2003), LR 30:!010 (May 2004), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2449 (October 2005), LR 31:3115 (December 2005), LR 32:810 (May 2006), LR 33:1620 (August 2007), LR 33:2095 (October 2007), LR 33:2627 (December 2007), LR 34:1392 (July 2008), LR 35:1108 (June 2009), LR 36:2273 (October 2010), LR 37:2991 (October 2011), LR 38:1231 (May 2012), amended by the Office ofthe Secretary, Legal Division, LR 39:1278 (May 20 13), LR40:1335 (July 2014).

Louisiana Register Vol. 40, No. 07 July20, 2014Chapter53. Area Sources ofToxicAirPollutants SubchapterB. Incorporation by Reference of40 CFR Part63 (NationalEmission Standards for HazardousAirPollutants forSource Categories) as ItApplies toArea Sources §5311. Incorporation byReference of40CFRPart63 (National Emission StandardsforHazardousAir Pollutants forSource Categories)as ItApplies to Area Sources A. Except as modified in this Section and specified below, national emission standards for hazardous air pollutants for source categories, published in the 

### Code of Federal Regulations at 40 CFR 63, July I, 2013, are hereby incorporated by reference as they apply to area sources in the stateofLouisiana.

B

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

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 23:63 (January I997), amended LR 23:1660 (December I997), LR 24:1279 (July 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 25:1464 (August 1999), LR 27:2230 (December 2001), LR 28:995 (May 2002), LR 28:2180 (October 2002), LR 29:699 (May 2003), LR 30:IOIO (May 2004), amended by the Office ofEnvironmental Assessment, LR 31:1569 (July 2005), amended by the Office ofthe Secretary, Legal Affairs Division, LR 31:245I (October 2005), LR 32:8!0 (May 2006), LR 33:1620 (August 2007), LR 33:2096 (October 2007), LR 34:1392 (July 2008), LR 35:I !08 (June 2009), LR 36:2274 (October 20!0), LR 37:2991 (October 20!1), LR 38:1231 (May 20I2), amended by the Office ofthe Secretary, Legal Division, LR 38:2756 (November 2012), LR 39:1278 (May 2013), LR40:1336 (July 2014). Chapter59. ChemicalAccident Prevention and Minimization ofConsequences SubchapterA. General Provisions §5901. Incorporation by ReferenceofFederal Regulations A. Except as provided in Subsection C ofthis Section, the department incorporates by reference 40 CFR 68, July I, 2013.

B

..- C.6. 

## ••• AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054 and 30:2063.

HISTORICALNOTE: Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 20:421 (April 1994), amended LR 22:!124 (November 1996), repromulgated LR 22:1212 (December 1996), amended LR 24:652 (April 1998), LR 25:425 (March 1999), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:70 (January 2000), LR 26:2272 (October 2000), LR 28:463 (March 2002), LR 29:699 (May 2003), LR 30:!0!0 (May 2004), amended by the Office of Environmental Assessment, LR 30:2463 (November 2004), LR 31:1570 (July 2005), amended by the Office of the Secretary, Legal Affairs Division, LR 32:8!0 (May 2006), LR 33:1621 (August2007), LR 34:1392 (July 2008), LR 35: I!09 (June 2009), LR 36:2274 (October 2010), LR 37:2991 (October 20!1), LR 38:1231 (May 2012), amended by the Office ofthe Secretary, Legal Division, LR 39:1278 (May 2013), LR 40:1336 (July 2014).

1407#023 Herman Robinson, CPM Executive Counsel

Louisiana Register Vol. 40, No. 07 July20, 2014 1336 RULE
DepartmentofEnvironmentalQuality Officeofthe Secretary Legal Division

onditional Exclusions for SolventContaminated Wipes (LAC 33:V.I05 and 109)(HWI14ft)

the authority of the Environmental 

### Q

0I et seq., and in accordance with th

istrative ProcedureAct, R.S. 49: et seq., the secretary ha amended the Hazardous W; e regulations, LAC33:V.IO. and 109(Log#HW114

This Rule is 1 tical to federal re FR 147, which a applicable in ouisiana. For more information regardin e federal quirement, contact the Regulation Developmen (225) 219-3985 or Box 4302, Baton Rouge, LA 7 02. No fiscal or economic impact will result from Rule. This Rule will be promulgated in accordan 49:953(F)(3)and (4).

This Rule adopts th exclusions for certain solvent contaimin wipes gene ed in Louisiana. Louisiana's hazar s waste program erates under a federal grant fro the U.S. EPA. Part oftH equirement for maintainingt · grant is to maintainthe Loui a hazardous
waste regul ns so that they are equivalen stringent n the corresponding federal regul basis a rationale of this Rule is to mirror th regula s. This Rule meets an exception listed 1 30: 9(0)(2) and R.S. 49:953(G)(3); therefore, no r

re dingenvironmental/health benefits and social/economic

c sts is required. Title33 ENVIRONMENTALQUALITY HazardousWasteand Hazardous I. DepartmentofEnvironmental HazardousWaste Chapter I. §105.

Theserules of all facilities dispose ofhazardous otherwise herein. The apply to the denial

hazardous waste

## :~~·~y~:;:''~ LAC 33:V.706. D regulations, including
appear in LAC 33:V. regulation are found in

A.

- D.l.v.iii. treat, store, or provided regulations also active life of a

or TSD unit under

from CRTs, that it ofLAC 33:V.4911; wipes that

are not solid wastes from the that: solvent-contaminated wipes, stored, and transported, are contained closed containers that are labeled "Excluded It-<:orJtRinirtatcod Wipes." The containers shall be able free liquids, should free liquids occur. During accournutanon, a container is considered closed when there is